monroe v pape case brief

839 results for monroe v pape case brief

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  • 488 U.S. 179 (1988), 87-1061, National Collegiate Athletic Association v. Tarkanian

    ... joined as a party, filed an amicus curiae brief, arguing that there was no actual controversy ... granted Tarkanian's motion to remand the case to the state court. After a 4-year delay, the ...462] misuse it. .          Monroe v. Pape , 365 U.S. 167, 172 (1961). As we stated ...

  • 415 U.S. 452 (1974), 72-5581, Steffel v. Thompson

    ...         1. This case presents an "actual controversy" under Art. III ...668 (1963); Monroe v. Pape , 365 U.S. 167 (1961). But exhaustion of ...However, in his appellate brief, he abandoned his appeal from denial of ...

  • Judging Myopia in Hindsight: Bivens Actions, National Security Decisions, and the Rule of Law

    Liability in national security matters hinges on curbing both official myopia and hindsight bias. The Framers knew that officials could be short-sighted, prioritizing expedience over abiding values. Judicial review emerged as an antidote to myopia of this kind. However, the Framers recognized that ubiquitous second-guessing of government decisions would also breed instability. Balancing these...

    ... of government action in national security cases. In decisions on access to habeas corpus, the ... Daniel Ellsberg, who leaked the Pentagon Papers to the New York Times , 171 are advancing a .... Id. . Id. at 409 n.9 (citing Monroe v. Pape, 365 U.S. 167, 196 n.5 (1961) (Harlan, ... at 1956. As a result, the parties never briefed the existence vel non of supervisory liability. ...

  • 296 F.3d 76 (2nd Cir. 2002), 01-7914, Pearl v. City of Long Beach

    ... Constitutional Rights, New York, NY, on the brief), for Plaintiff-Appellant.         Corey ... Faltischek, P.C., Uniondale, NY, submitted papers" for Defendant-Appellee Vincent Milo.       \xC2"...         The criminal case. The Nassau County prosecutor charged Pearl with ... from suits under section 1983, see Monroe v. Pape, 365 U.S. 167, 187-92, 81 S.Ct. 473, 5 ...

  • 631 F.2d 408 (5th Cir. 1980), 79-2444, Brown v. Miller

    ... the issue of punitive damages." Appellant's brief, p. 30.         I. Under Color of State ...Monroe v. Pape, 365 U.S. 167, 185, 81 S.Ct. 473, 482, 5 ... was possibly relevant to an issue in the case.         The minutes showed that the ...

  • 367 U.S. 643 (1961), 236, Mapp v. Ohio

    ...She demanded to see the search warrant. A paper, claimed to be a warrant, was held up by one of ...         Finally, the Court in that case clearly stated that use of the seized evidence ...214; Elkins v. United States, supra; Monroe v. Pape , 365 U.S. 167. It is an appropriate case ... jurisdictional statement and in appellant's brief on the merits. 5 It is true that argument was ...

  • 468 U.S. 992 (1984), 82-2120, Smith v. Robinson

    ...         This case presents questions regarding the award of ... due process claim may be disposed of briefly. Petitioners challenged the refusal of the School ...Foster , 407 U.S. 225, 242 (1972); Monroe v. Pape , 365 U.S. 167, 183 (1961). Nevertheless, ...

  • 458 U.S. 1 (1982), 80-2178, Toll v. Moreno

    ... the District Court and remanded the case to the District Court for reconsideration. Pp. ... the case to the active docket for full briefing and argument, concluding that the University's ...541, 563 (Md.1976). 4 Citing Monroe v. Pape , 365 U.S. 167 (1961), the District Court ...

  • 746 F.3d 782 (7th Cir. 2014), 12-2746, Shields v. Illinois Dep't of Corr.

    ...1 . . . .          This case illustrates the often arbitrary gaps in the legal ... often until the Supreme Court held in Monroe v. Pape , 365 U.S. 167, 183, 81 S.Ct. 473, 5 ... cases and Wexford has not had occasion to brief the issue, we have decided not to take that ...

  • 731 F.2d 640 (10th Cir. 1984), 83-1017, Garcia v. Wilson

    ... State Police, Santa Fe, N.M., filed a brief on behalf of defendant-appellant Vigil), for ... to give en banc consideration to this case in order to harmonize our decisions in this area, ...(quoting Monroe v. Pape, 365 U.S. 167, 196, 81 S.Ct. 473, 488, 5 ...

  • 537 F.2d 248 (7th Cir. 1976), 75-1010, Hill v. Trustees of Indiana University

    ... to dismiss accompanied by a supporting brief and affidavit. Defendants argued that the ... with an opportunity to file additional papers (counter-affidavits) prior to dismissing the ... procedure afforded plaintiff in the present case violated his right to due process. As the Supreme ... .         In Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed. 492 ...

  • 408 U.S. 41 (1972), 71-110, Gelbard v. United States

    ...         These cases present challenges to the validity of ... the only relevant portion of [Title III]," Brief for the United States in No. 71-263, p. 19, ..., after federal agents unlawfully seized papers belonging to the Silverthornes and to their ...Hood, supra, and Bivens, supra (or Monroe v. Pape , 365 U.S. 167, where state police were ...

  • 485 U.S. 617 (1988), 87-107, Patterson v. McLean Credit Union

    ...§ 1981, this case is restored to the calendar for reargument and e parties are requested to brief and argue the question whether the interpretation ...658 (1978), overruling [108 S.Ct. 1421] Monroe v. Pape, 365 U.S. 167 (1961); Continental T.V., ...

  • 564 F.2d 112 (3rd Cir. 1977), 76-1964, Gagliardi v. Flint

    ... to the City the opportunity to file a brief setting forth any manner in which it would be ...In the case sub judice, the plaintiff's complaint against the ...§ 1983, as construed in Monroe v. Pape, supra, afforded no cause of action ...

  • Asking the first question: reframing Bivens after Minneci.

    ...Green, (15) a case in which the Court previously recognized a Bivens .... Here we briefly review the Act. We then argue that the Court's .... (150.) See, e.g., Monroe v. Pape, 365 U.S. 167 (1961) overruled in part on ...

  • 756 F.3d 893 (6th Cir. 2014), 13-4157, Daily Services, LLC v. Valentino

    .... .           ON BRIEF: . .           W. Evan Price II, LAW . ... the magistrate judge authority to decide the case. This court has jurisdiction under 28 U.S.C. § ... exhausting state judicial remedies, Monroe v. Pape , 365 U.S. 167, 183, 81 S.Ct. 473, 5 ...

  • 782 F.2d 790 (9th Cir. 1986), 85-1847, Mann v. City of Tucson, Dept. of Police

    ... of substantive due process, for in such a case the deprivation is the taking of property or ...Monroe v. Pape, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d ...at 3204 (quoting Brief for Respondent at 8) (emphasis in Brief for ...

  • 527 F.2d 730 (2nd Cir. 1975), 555, Brault v. Town of Milton

    ...As in the instant case, only 42 U.S.C. § 1983 was cited in the ...§ 1983, 7 Monroe v. Pape, 365 U.S. 167, 187--92, 81 S.Ct. 473, 5 ... oppose the motion, to file within 10 days a brief or memorandum stating their contentions. The Rule ...

  • From the particular to the general: three federal rules and the jurisprudence of the Rehnquist and Roberts courts.

    ...In 1986, the Rehnquist Court decided three cases construing Rule 56 that encouraged motions for ... Profession of the Law, in Collected Legal Papers 29,30 (1921). . (2) See generally Arthur R. ... cases in which the Chamber filed amicus briefs last year); Jeffrey Rosen, Supreme Court Inc., ...Brown, 520 U.S. 397 (1997); McMillian v. Monroe Cnty., 520 U.S. 781 (1997); DeShaney v. Winnebago ...

  • 545 F.2d 565 (7th Cir. 1976), 74-1422, Bonner v. Coughlin

    ... Legal Assistance, Chicago, Ill., on the brief amicus curiae.         William J. Scott, ...         In Monroe v. Pape, 365 U.S. 167, 187, 207, 81 S.Ct. 473, ... the other hand, extending Section 1983 to cases of simple negligence would not deter future ...

  • 507 F.2d 119 (3rd Cir. 1974), 72-1770, Polite v. Diehl

    ...Lynn, 6 the leading case on the scope of Pennsylvania's statute of ... for relief under section 1983, nor did the briefs on this appeal deal with the issue, except in a ... Act was outlined in the leading case of Monroe v. Pape, 365 U.S. 167 (1961), as follows, at ...

  • 882 F.2d 870 (4th Cir. 1989), 88-3217, Revene v. Charles County Com'rs

    ...Robinson, Rockville, Md., on brief), for plaintiff-appellant. ... representative, filed the complaint in this case in the United States District Court for the ...Monroe v. Pape, 365 U.S. 167, 184-87, 81 S.Ct. 473, ...

  • 793 F.3d 208 (1st Cir. 2015), 14-1425, Morales v. Chadbourne

    Plaintiff, a naturalized United States citizen, alleged that, in 2009, she was unlawfully detained in violation of her Fourth And Fifth Amendment rights when she was imprisoned for 24 hours pursuant to an immigration detainer so that U.S. Immigration and Customs Enforcement (ICE) agents could investigate her immigration status. Plaintiff named as defendants three ICE agents - defendants Edward...

    ...Peachey were on. brief", for appellants. . .        \xC2"... required, the undisputed facts of this case demonstrate that. he had probable cause, ... L.Ed.2d 271 (1986) (quoting Monroe v. Pape, 365 U.S. 167, 187, 81 S.Ct. 473, 5 ...

  • 428 U.S. 579 (1976), 75-122, Cantor v. Detroit Edison Co.

    ...In this case, we must decide whether the Parker rationale ...Finally, we comment briefly on additional authorities on which respondent ... 22 See n. 15, supra. . 23 See Monroe v. Pape , 365 U.S. 167, 172-187; Adickes v. ...

  • 436 U.S. 584 (1978), 77-178, Robertson v. Wegmann

    ... but in all cases where they . . . are deficient in the provisions ...Foster , 407 U.S. 225, 238-242 (172); Monroe v. Pape , 365 U.S. 167, 172-187 (1961). No claim ...1353, 1358-1361 (1975); Brief for Respondent 6. There is a survivorship ...