Us Supreme Court Court April 1985 Judgments
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Cftc Vs. Weintraub
Court: US Supreme Court
Decided on: Apr-29-1985
CFTC v. Weintraub - 471 U.S. 343 (1985) U.S. Supreme Court CFTC v. Weintraub, 471 U.S. 343 (1985) Commodity Futures Trading Commission v. Weintraub No. 84-261 Argued March 19, 1985 Decided April 29, 1985 471 U.S. 343 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT Syllabus Petitioner filed a complaint in Federal District Court alleging violations of the Commodity Exchange Act by Chicago Discount Commodity Brokers (CDCB), and respondent Frank McGhee, acting as sole director and officer of CDCB, entered into a consent decree that resulted in the appointment of a receiver who was ultimately appointed trustee in bankruptcy after he filed a voluntary petition in bankruptcy on behalf of CDCB. Respondent Weintraub, CDCB's former counsel, appeared for a deposition pursuant to a subpoena duces tecum served by petitioner as part of its investigation of CDCB, but refused to answer certain questions, asserting CDCB's attorney-client privilege. Petitioner then...
Francis Vs. Franklin
Court: US Supreme Court
Decided on: Apr-29-1985
Francis v. Franklin - 471 U.S. 307 (1985) U.S. Supreme Court Francis v. Franklin, 471 U.S. 307 (1985) Francis v. Franklin No. 83-1590 Argued November 28, 1984 Decided April 29, 1985 471 U.S. 307 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT Syllabus Respondent state prisoner, while attempting to escape after receiving treatment at a local dentist's office, shot and killed the resident of a nearby house with a stolen pistol when, at the moment the resident slammed the front door as respondent demanded the key to the resident's car, the pistol fired and a bullet pierced the door, hitting the resident in the chest. Respondent was tried in Georgia Superior Court on a charge of malice murder. His sole defense was a lack of the requisite intent to kill, claiming that the killing was an accident. The trial judge instructed the jury on the issue of intent as follows: "The acts of a person of sound mind and discretion are presumed to be the product of th...
School Committee Vs. Dept. of Educ.
Court: US Supreme Court
Decided on: Apr-29-1985
School Committee v. Dept. of Educ. - 471 U.S. 359 (1985) U.S. Supreme Court School Committee v. Dept. of Educ., 471 U.S. 359 (1985) School Committee of the Town of Burlington v. Department of Education of Massachusetts No. 84-433. Argued March 26, 1985 Decided April 29, 1985 471 U.S. 359 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT Syllabus The Education of the Handicapped Act requires participating state and local educational agencies to assure that handicapped children and their parents are guaranteed procedural safeguards with respect to the provision of free appropriate public education for such children. These procedures include the parents' right to participate in the development of an "individualized education program" (IEP) for the child and to challenge in administrative and court proceedings a proposed IEP with which they disagree. With respect to judicial review, the Act in 20 U.S.C. 1415(e)(2) authorizes the reviewing court to "grant ...
Grant Vs. Parker
Court: US Supreme Court
Decided on: Apr-23-1985
Grant v. Parker - 115 U.S. 51 (1885) U.S. Supreme Court Grant v. Parker, 115 U.S. 51 (1885) Grant v. Parker Argued April 23, 1985 Decided: May 4, 1985 115 U.S. 51 APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF CALIFORNIA Syllabus A syndicate, of which A and B were members, was formed to purchase a mine, and it was agreed before the purchase, as a condition of A's subscription, that he should "control the management of the mine." After the purchase, a board of directors was organized, of which A &, B were members. At a meeting of the Board, of which A had notice, resolutions were passed at the instigation of B prohibiting the treasurer from paying checks not signed by the president and vice-president, and countersigned by the secretary, directing that all orders for supplies and materials from San Francisco should be made through the head officer there, authorizing the vice-president in the absence of the president, to sign certificates of stock an...
Alamo Found'n Vs. Secy. of Labor
Court: US Supreme Court
Decided on: Apr-23-1985
Alamo Found'n v. Secy. of Labor - 471 U.S. 290 (1985) U.S. Supreme Court Alamo Found'n v. Secy. of Labor, 471 U.S. 290 (1985) Tony and Susan Alamo Foundation v. Secretary of Labor No. 83-1935 Argued March 25, 1985 Decided April 23, 1985 471 U.S. 290 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioner Foundation is a nonprofit religious organization that derives its income largely from the operation of commercial businesses staffed by the Foundation's "associates," most of whom were drug addicts, derelicts, or criminals before their rehabilitation by the Foundation. These workers receive no cash salaries, but the Foundation provides them with food, clothing, shelter, and other benefits. The Secretary of Labor filed an action in Federal District Court against the Foundation and petitioner officers thereof, alleging violations of the minimum wage, overtime, and recordkeeping provisions of the Fair Labor Standards Act (Act). The District ...
Webb Vs. Bd. of Educ. of Dyer County
Court: US Supreme Court
Decided on: Apr-17-1985
Webb v. Bd. of Educ. of Dyer County - 471 U.S. 234 (1985) U.S. Supreme Court Webb v. Bd. of Educ. of Dyer County, 471 U.S. 234 (1985) Webb v. Board of Education of Dyer County, Tennessee No. 83-1360 Argued October 29, 1984 Decided April 17, 1985 471 U.S. 234 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Syllabus After respondent Board of Education of Dyer County, Tennessee, terminated petitioner's employment as a schoolteacher in 1974, he retained counsel to represent him in administrative proceedings before the Board. Petitioner contended, inter alia, that his discharge was racially motivated and that his constitutional rights had been violated. In 1978, the Board ultimately decided to adhere to its decision. In 1979, petitioner instituted this action in Federal District Court, seeking relief under various civil rights statutes, including 42 U.S.C. 1983. The case was subsequently settled in 1981 by the entry of a consent order awarding petitione...
Springfield Tp. Sch. Dist. Vs. Knoll
Court: US Supreme Court
Decided on: Apr-17-1985
Springfield Tp. Sch. Dist. v. Knoll - 471 U.S. 288 (1985) U.S. Supreme Court Springfield Tp. Sch. Dist. v. Knoll, 471 U.S. 288 (1985) Springfield Township School District v. Knoll No. 82-1889 Argued January 14, 1985 Decided April 17, 1985 471 U.S. 288 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Respondent filed suit in Federal District Court on April 21, 1981, under 42 U.S.C. 1983, alleging that petitioner School District, in August, 1979, May, 1980, and December, 1980, had discriminated against her on the basis of sex in failing to promote her to an administrative position. The court dismissed the 1983 claim because it was not brought within the 6-month limitations period under the Pennsylvania statute applicable to actions against a government official for acts done in the execution of his office. The Court of Appeals reversed, holding that the 6-year "residuary" provision of the Pennsylvania limitations scheme was applicable. Held: ...
Wilson Vs. Garcia
Court: US Supreme Court
Decided on: Apr-17-1985
Wilson v. Garcia - 471 U.S. 261 (1985) U.S. Supreme Court Wilson v. Garcia, 471 U.S. 261 (1985) Wilson v. Garcia No. 83-2146 Argued January 14, 1985 Decided April 17, 1985 471 U.S. 261 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT Syllabus Respondent brought an action in Federal District Court under 42 U.S.C. 1983 against petitioners, a New Mexico State Police officer and the Chief of the State Police, seeking damages for deprivation of respondent's constitutional rights allegedly caused by an unlawful arrest and brutal beating by the officer. The complaint was filed two years and nine months after the claim purportedly arose. Petitioners moved to dismiss on the ground that the action was barred by the 2-year statute of limitations of the New Mexico Tort Claims Act. The District Court denied the motion, holding that the New Mexico statute providing a 4-year limitations period for "all other actions not herein otherwise provided for" applied to 198...
Cia Vs. Sims
Court: US Supreme Court
Decided on: Apr-16-1985
CIA v. Sims - 471 U.S. 159 (1985) U.S. Supreme Court CIA v. Sims, 471 U.S. 159 (1985) Central Intelligence Agency v. Sims No. 83-1075 Argued December 4, 1984 Decided April 16, 1985 * 471 U.S. 159 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Syllabus Between 1953 and 1966, the Central Intelligence Agency (CIA) financed a research project, code-named MKULTRA, that was established to counter Soviet and Chinese advances in brainwashing and interrogation techniques. Subprojects were contracted out to various universities, research foundations, and similar institutions. In 1977, respondents in No. 83-1075 (hereafter respondents) filed a request with the CIA under the Freedom of Information Act (FOIA), seeking, inter alia, the names of the institutions and individuals who had performed the research under MKULTRA. Citing Exemption 3 of the FOIA -- which provides that an agency need not disclose "matters that are . . . specifically exempt...
In Re Snyder
Court: US Supreme Court
Decided on: Apr-16-1985
In re Snyder - 472 U.S. 634 (1985) U.S. Supreme Court In re Snyder, 472 U.S. 634 (1985) In re Snyder No. 84-310 Argued April 16, 1985 June 24, 1985 472 U.S. 634 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT Syllabus Petitioner, who was appointed by the Federal District Court for the District of North Dakota to represent a defendant under the Criminal Justice Act (Act), was awarded almost $1,800 by the court for services and expenses in handling the assignment. As required by the Act with regard to expenditures for compensation in excess of $1,000, the Chief Judge of the Court of Appeals for the Eighth Circuit reviewed the claim, found it to be insufficiently documented, and returned it with a request for additional documentation. Because of computer problems, petitioner could not readily provide the information in the requested form, but filed a supplemental application. The Chief Judge's secretary again returned the application, stating that petit...