Us Supreme Court Court December 1997 Judgments
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Ohio Adult Parole Authority Vs. Woodard
Court: US Supreme Court
Decided on: Dec-10-1997
Ohio Adult Parole Authority v. Woodard - 523 U.S. 272 (1997) OCTOBER TERM, 1997 Syllabus OHIO ADULT PAROLE AUTHORITY ET AL. v. WOODARD CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 96-1769. Argued December 10, 1997-Decided March 25,1998 Mter respondent Woodard's Ohio murder conviction and death sentence were affirmed on direct appeal and this Court denied certiorari, petitioner Ohio Adult Parole Authority commenced its clemency investigation in accordance with state law, informing respondent that he could have his voluntary interview with Authority members on a particular date, and that his clemency hearing would be held a week later. Respondent filed this suit under 42 U. S. C. 1983, alleging that Ohio's clemency process violated his Fourteenth Amendment due process right and his Fifth Amendment right to remain silent. The District Court granted judgment on the pleadings to the State, and the Sixth Circuit affirmed in part and reversed in part. N...
County of Sacramento Vs. Lewis
Court: US Supreme Court
Decided on: Dec-09-1997
County of Sacramento v. Lewis - 523 U.S. 833 (1997) OCTOBER TERM, 1997 Syllabus COUNTY OF SACRAMENTO ET AL. v. LEWIS, ET AL., PERSONAL REPRESENTATIVES OF THE ESTATE OF LEWIS, DECEASED CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 96-1337. Argued December 9, 1997-Decided May 26,1998 Mter petitioner James Smith, a county sheriff's deputy, responded to a call along with another officer, Murray Stapp, the latter returned to his patrol car and saw a motorcycle approaching at high speed, driven by Brian Willard, and carrying Philip Lewis, respondents' decedent, as a passenger. Stapp turned on his rotating lights, yelled for the cycle to stop, and pulled his car closer to Smith's in an attempt to pen the cycle in, but Willard maneuvered between the two cars and sped off. Smith immediately switched on his own emergency lights and siren and began high-speed pursuit. The chase ended after the cycle tipped over. Smith slammed on his brakes, but his car skidd...
South Dakota Vs. Yankton Sioux Tribe
Court: US Supreme Court
Decided on: Dec-08-1997
South Dakota v. Yankton Sioux Tribe - 522 U.S. 329 (1997) OCTOBER TERM, 1997 Syllabus SOUTH DAKOTA v. YANKTON SIOUX TRIBE ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No.96-1581. Argued December 8, 1997-Decided January 26,1998 The Yankton Sioux Reservation in South Dakota was established pursuant to an 1858 Treaty between the United States and the Yankton Tribe. Congress subsequently retreated from the reservation concept and passed the 1887 Dawes Act, which permitted the Government to allot tracts of tribal land to individual Indians and, with tribal consent, to open the remaining holdings to non-Indian settlement. In accordance with the Dawes Act, members of the respondent Tribe received individual allotments and the Government then negotiated with the Tribe for the cession of the remaining, unallotted reservation lands. An agreement reached in 1892 provided that the Tribe would "cede, sell, relinquish, and convey to the United States" all o...
Bogan Vs. Scott-harris
Court: US Supreme Court
Decided on: Dec-03-1997
Bogan v. Scott-Harris - 523 U.S. 44 (1997) OCTOBER TERM, 1997 Syllabus BOGAN ET AL. v. SCOTT-HARRIS CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT No. 96-1569. Argued December 3, 1997-Decided March 3,1998 Respondent Scott-Harris filed suit under 42 U. S. C. 1983 against the city of Fall River, Massachusetts, petitioners Bogan (the city's mayor) and Roderick (the vice president of the city council), and other officials, alleging that the elimination of the city department in which Scott-Harris was the sole employee was motivated by racial animus and a desire to retaliate against her for exercising her First Amendment rights in filing a complaint against another city employee. The District Court twice denied petitioners' motions to dismiss on the ground of absolute immunity from suit. The jury returned a verdict in favor of all defendants on the racial discrimination charge, but found the city and petitioners liable on respondent's First Amendment claim....
Oncale Vs. Sundowner Offshore Services, Inc.
Court: US Supreme Court
Decided on: Dec-03-1997
Oncale v. Sundowner Offshore Services, Inc. - 523 U.S. 75 (1997) OCTOBER TERM, 1997 Syllabus ONCALE v. SUNDOWNER OFFSHORE SERVICES, INC., ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 96-568. Argued December 3, 1997-Decided March 4,1998 Petitioner Oncale filed a complaint against his employer, respondent Sundowner Offshore Services, Inc., claiming that sexual harassment directed against him by respondent co-workers in their workplace constituted "discriminat[ion] ... because of ... sex" prohibited by Title VII of the Civil Rights Act of 1964, 42 U. S. C. 2000e-2(a)(1). Relying on Fifth Circuit precedent, the District Court held that Oncale, a male, had no Title VII cause of action for harassment by male co-workers. The Fifth Circuit affirmed. Held: Sex discrimination consisting of same-sex sexual harassment is actionable under Title VII. Title VII's prohibition of discrimination "because of ... sex" protects men as well as women, Newport...
Brogan Vs. United States
Court: US Supreme Court
Decided on: Dec-02-1997
Brogan v. United States - 522 U.S. 398 (1997) OCTOBER TERM, 1997 Syllabus BROGAN v. UNITED STATES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT No. 96-1579. Argued December 2, 1997-Decided January 26,1998 Petitioner falsely answered "no" when federal agents asked him whether he had received any cash or gifts from a company whose employees were represented by the union in which he was an officer. He was indicted on federal bribery charges and for making a false statement within the jurisdiction of a federal agency in violation of 18 U. S. C. 1001. A jury in the District Court found him guilty. The Second Circuit affirmed, categorically rejecting his request to adopt the socalled "exculpatory no" doctrine, which excludes from 1001's scope false statements that consist of the mere denial of wrongdoing. Held: There is no exception to 1001 criminal liability for a false statement consisting merely of an "exculpatory no." Although many Court of Appeals...
Lachance Vs. Erickson
Court: US Supreme Court
Decided on: Dec-02-1997
Lachance v. Erickson - 522 U.S. 262 (1997) OCTOBER TERM, 1997 Syllabus LACHANCE, DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT v. ERICKSON ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 96-1395. Argued December 2, 1997-Decided January 21,1998* Respondents, federal employees subject to adverse actions by their agencies, each made false statements to agency investigators with respect to the misconduct with which they were charged. In each case, the agency additionally charged the false statement as a ground for adverse action, and the action taken against the employee was based in part on the added charge. The Merit Systems Protection Board (Board) upheld that portion of each penalty that was based on the underlying charge, but overturned the false statement portion, ruling, inter alia, that the claimed statement could not be considered in setting the appropriate punishment. In separate appeals, the Federal Circuit agreed with the Board that no ...
Crawford-el Vs. Britton
Court: US Supreme Court
Decided on: Dec-01-1997
Crawford-El v. Britton - 523 U.S. 574 (1997) OCTOBER TERM, 1997 Syllabus CRAWFORD-EL v. BRITTON CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 96-827. Argued December 1, 1997-Decided May 4,1998 Petitioner is a litigious and outspoken prisoner in the District of Columbia's correctional system. Because of overcrowding at the District's prison, he was transferred, first to Washington State, then to facilities in several other locations, and ultimately to Florida. His belongings were transferred separately. When the District's Department of Corrections received his belongings from Washington State, respondent, a District correctional officer, had petitioner's brother-in-law pick them up, rather than shipping them directly to petitioner's next destination. Petitioner did not recover the belongings until several months after he reached Florida. He filed suit under 42 U. S. C. 1983, alleging, inter alia, that respondent's diversion of his...
Regions Hospital Vs. Shalala
Court: US Supreme Court
Decided on: Dec-01-1997
Regions Hospital v. Shalala - 522 U.S. 448 (1997) OCTOBER TERM, 1997 Syllabus REGIONS HOSPITAL v. SHALALA, SECRETARY OF HEALTH AND HUMAN SERVICES CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT No. 96-1375. Argued December 1, 1997-Decided February 24,1998 Under the Medicare Act and its implementing regulations, a hospital (a provider) may obtain reimbursement for "allowable cost[s]" (including the costs of certain graduate medical education (GME) programs for interns and residents) by preparing a report at the close of each fiscal year and filing it with a "fiscal intermediary" designated by respondent Secretary. The intermediary examines the cost report, audits it when found necessary, and issues a written "notice of amount of program reimbursement" (NAPR), which determines the total amount payable for Medicare services during the reporting period. The NAPR is subject to review by the Provider Reimbursement Review Board (PRRB), the Secretary, and ultim...
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