Us Supreme Court Court April 1983 Judgments
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Volkswagenwerk A.G. Vs. Falzon
Court: US Supreme Court
Decided on: Apr-29-1983
Volkswagenwerk A.G. v. Falzon - 461 U.S. 1303 (1983) U.S. Supreme Court Volkswagenwerk A.G. v. Falzon, 461 U.S. 1303 (1983) Volkswagenwerk A.G. v. Falzon No. A-875 Decided April 29, 1983 461 U.S. 1303 ON APPLICATION FOR STAY Syllabus Pursuant to this Court's Rule 44.4, under the "most extraordinary circumstances" of this case, an application to stay the Michigan state trial court's order in an action against applicant, a German corporation, directing the taking of depositions of a number of applicant's employees who reside in the Federal Republic of Germany, is granted pending the Michigan Supreme Court's disposition of an application there to stay the taking of the depositions. JUSTICE O'CONNOR, Circuit Justice. Under Rule 44.4, the Justices of this Court will not entertain an application for a stay unless the applicant has first sought relief from the appropriate lower court or courts, except "in the most extraordinary circumstances." I conclude that this case presents mo...
Jim Mcneff, Inc. Vs. Todd
Court: US Supreme Court
Decided on: Apr-27-1983
Jim McNeff, Inc. v. Todd - 461 U.S. 260 (1983) U.S. Supreme Court Jim McNeff, Inc. v. Todd, 461 U.S. 260 (1983) Jim McNeff, Inc. v. Todd No. 81-2150 Argued January 17, 1983 Decided April 27, 1983 461 U.S. 260 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Section 8(f) of the National Labor Relations Act (NLRA) authorizes construction industry employers and unions to enter into so-called "prehire" agreements setting the terms and conditions of employment for workers hired by the signatory employer without the union's majority status first having been established under 9 of the Act. Section 8(f) also provides that such an agreement shall not bar a petition for a representative election under 9. A local union and a contractors association entered into a Master Labor Agreement which provided that work at jobsites was to be performed only by subcontractors who had signed a labor agreement with the union and that covered employees, including thos...
Olim Vs. Wakinekona
Court: US Supreme Court
Decided on: Apr-26-1983
Olim v. Wakinekona - 461 U.S. 238 (1983) U.S. Supreme Court Olim v. Wakinekona, 461 U.S. 238 (1983) Olim v. Wakinekona No. 81-1581 Argued January 19, 1983 Decided April 26, 1983 461 U.S. 238 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Petitioner members of a prison "Program Committee," after investigating a breakdown in discipline and the failure of certain programs within the maximum control unit of the Hawaii State Prison outside Honolulu, singled out respondent and another inmate as troublemakers. After a hearing -- respondent having been notified thereof and having retained counsel to represent him -- the same Committee recommended that respondent's classification as a maximum security risk be continued and that he be transferred to a prison on the mainland. Petitioner administrator of the Hawaii prison accepted the Committee's recommendation, and respondent was transferred to a California state prison. Respondent then filed suit agai...
Alabama Vs. Evans
Court: US Supreme Court
Decided on: Apr-22-1983
Alabama v. Evans - 461 U.S. 230 (1983) U.S. Supreme Court Alabama v. Evans, 461 U.S. 230 (1983) Alabama v. Evans No. A-858 Decided April 22, 1983 461 U.S. 230 ON APPLICATION TO VACATE STAY OF EXECUTION Syllabus After the Circuit Justice had denied respondent's application for a stay of execution of his death sentence, he filed a petition for a writ of habeas corpus in Federal District Court, which temporarily stayed the execution. The Court of Appeals denied the State's motion to vacate the stay, and the State then filed with the Circuit Justice the instant application to vacate the District Court's stay. The application was referred to the Court. Held: The application to vacate the District Court's stay is granted. Respondent's constitutional challenges to Alabama's capital sentencing procedures were reviewed exhaustively by several state and federal courts. There is no merit to respondent's new challenge that the trial court construed in an unconstitutionally broad manner...
Evans Vs. Alabama
Court: US Supreme Court
Decided on: Apr-21-1983
Evans v. Alabama - 461 U.S. 1301 (1983) U.S. Supreme Court Evans v. Alabama, 461 U.S. 1301 (1983) Evans v. Alabama No. A-848 (82-6581) Decided April 21, 1983 461 U.S. 1301 ON APPLICATION FOR STAY Syllabus An application for a stay of execution of applicant's death sentence, pending the disposition of his petition for certiorari to review the Alabama Supreme Court's denial of his motion requesting a new sentencing hearing, is denied. Applicant's constitutional challenges to Alabama's capital sentencing procedures have been rejected by several state and federal courts. JUSTICE POWELL, Circuit Justice. This is an application for a stay of execution set for April 22, 1983, pending the disposition of a petition for certiorari to the Alabama Supreme Court. The petition for certiorari was filed on April 19, 1983. This application was filed later the same day, following the Alabama Supreme Court's denial of applicant's motion for a stay of execution. On April 20 the State filed a r...
City of Los Angeles Vs. Lyons
Court: US Supreme Court
Decided on: Apr-20-1983
City of Los Angeles v. Lyons - 461 U.S. 95 (1983) U.S. Supreme Court City of Los Angeles v. Lyons, 461 U.S. 95 (1983) City of Los Angeles v. Lyons No. 81-1064 Argued November 2, 1982 Decided April 20, 1983 461 U.S. 95 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Respondent filed suit in Federal District Court against petitioner City of Los Angeles and certain of its police officers, alleging that, in 1976, he was stopped by the officers for a traffic violation, and that, although he offered no resistance, the officers, without provocation or justification, seized him and applied a "chokehold," rendering him unconscious and causing damage to his larynx. In addition to seeking damages, the complaint sought injunctive relief against petitioner, barring the use of chokeholds except in situations where the proposed victim reasonably appeared to be threatening the immediate use of deadly force. It was alleged that, pursuant to petitioner's autho...
Smith Vs. Wade
Court: US Supreme Court
Decided on: Apr-20-1983
Smith v. Wade - 461 U.S. 30 (1983) U.S. Supreme Court Smith v. Wade, 461 U.S. 30 (1983) Smith v. Wade No. 81-1196 Argued November 10, 1982 Decided April 20, 1983 461 U.S. 30 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Respondent, while an inmate in a Missouri reformatory for youthful first offenders, was harassed, beaten, and sexually assaulted by his cellmates. He brought suit under 42 U.S.C. 1983 in Federal District Court against petitioner, a guard at the reformatory, and others, alleging that his Eighth Amendment rights had been violated. Because of petitioner's qualified immunity, as a prison guard, from 1983 liability, the trial judge instructed the jury that respondent could recover only if petitioner was guilty of "gross negligence" or "egregious failure to protect" respondent. The judge also charged the jury that it could award punitive damages in addition to actual damages if petitioner's conduct was shown to be "a reckless o...
Morris Vs. Slappy
Court: US Supreme Court
Decided on: Apr-20-1983
Morris v. Slappy - 461 U.S. 1 (1983) U.S. Supreme Court Morris v. Slappy, 461 U.S. 1 (1983) Morris v. Slappy No. 81-1095 Argued December 1, 1982 Decided April 20, 1983 461 U.S. 1 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus When respondent was charged in California Superior Court with various crimes, including rape, robbery, and burglary, all concerning the same female victim, the court assigned the Deputy Public Defender to defend respondent. The Deputy Public Defender represented respondent at the preliminary hearing and supervised an extensive investigation. Shortly before the trial, the Deputy Public Defender was hospitalized for surgery, and six days before the scheduled trial date, a senior trial attorney in the Public Defender's Office was assigned to represent respondent. After the trial was under way, respondent moved for a continuance, claiming that his newly assigned attorney did not have time to prepare the case. The attorney, ...
United States Vs. Grace
Court: US Supreme Court
Decided on: Apr-20-1983
United States v. Grace - 461 U.S. 171 (1983) U.S. Supreme Court United States v. Grace, 461 U.S. 171 (1983) United States v. Grace No. 81-1863 Argued January 18, 1983 Decided April 20, 1983 461 U.S. 171 APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Title 40 U.S.C. 13k prohibits the "display [of] any flag, banner, or device designed or adapted to bring into public notice any party, organization, or movement" in the United States Supreme Court building or on its grounds, which are defined to include the public sidewalks constituting the outer boundaries of the grounds. One appellee was threatened with arrest by Court police officers for violation of the statute when he distributed leaflets concerning various causes on the sidewalk in front of the Court. The other appellee was similarly threatened with arrest for displaying on the sidewalk a picket sign containing the text of the First Amendment. Appellees then filed suit in Federal District Court, seeking an injunctio...
Connick Vs. Myers
Court: US Supreme Court
Decided on: Apr-20-1983
Connick v. Myers - 461 U.S. 138 (1983) U.S. Supreme Court Connick v. Myers, 461 U.S. 138 (1983) Connick v. Myers No. 81-1251 Argued November 8, 1982 Decided April 20, 1983 461 U.S. 138 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Respondent was employed as an Assistant District Attorney in New Orleans with the responsibility of trying criminal cases. When petitioner District Attorney proposed to transfer respondent to prosecute cases in a different section of the criminal court, she strongly opposed the transfer, expressing her view to several of her supervisors, including petitioner. Shortly thereafter, she prepared a questionnaire that she distributed to the other Assistant District Attorneys in the office concerning office transfer policy, office morale, the need for a grievance committee, the level ,of confidence in supervisors, and whether employees felt pressured to work in political campaigns. Petitioner then informed respondent tha...
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