Us Supreme Court Court February 2004 Judgments
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Locke Vs. Davey
Court: US Supreme Court
Decided on: Feb-25-2004
Locke v. Davey - 02-1315 (2004) SYLLABUS OCTOBER TERM, 2003 LOCKE V. DAVEY SUPREME COURT OF THE UNITED STATES LOCKE, GOVERNOR OF WASHINGTON, et al. v. DAVEY certiorari to the united states court of appeals for the ninth circuit No. 021315. Argued December 2, 2003Decided February 25, 2004 Washington State established its Promise Scholarship Program to assist academically gifted students with postsecondary education expenses. In accordance with the State Constitution, students may not use such a scholarship to pursue a devotional theology degree. Respondent Davey was awarded a Promise Scholarship and chose to attend Northwest College, a private, church-affiliated institution that is eligible under the program. When he enrolled, Davey chose a double major in pastoral ministries and business management/administration. It is undisputed that the pastoral ministries degree is devotional. After learning that he could not use his scholarship to pursue that degree, Davey brought this ...
Postal Service Vs. Flamingo Industries (Usa) Ltd.
Court: US Supreme Court
Decided on: Feb-25-2004
Postal Service v. Flamingo Industries (USA) Ltd. - 02-1290 (2004) SYLLABUS OCTOBER TERM, 2003 POSTAL SERVICE V. FLAMINGO INDUSTRIES (USA) LTD. SUPREME COURT OF THE UNITED STATES UNITED STATES POSTAL SERVICE v. FLAMINGO INDUSTRIES (USA) LTD. et al. certiorari to the united states court of appeals for the ninth circuit No. 021290. Argued December 1, 2003Decided February 25, 2004 After their contract to make mail sacks for the United States Postal Service was terminated, respondents brought this suit alleging, inter alia , that the Postal Service had sought to suppress competition and create a monopoly in mail sack production. The District Court dismissed the antitrust claims, concluding that the Postal Service is not subject to liability under federal antitrust law. The Ninth Circuit reversed, holding that the Postal Service can be liable but that it has a limited immunity from antitrust liability for conduct undertaken at Congress command. Held: The Postal Service is not...
General Dynamics Land Systems, Inc. Vs. Cline
Court: US Supreme Court
Decided on: Feb-24-2004
General Dynamics Land Systems, Inc. v. Cline - 02-1080 (2004) SYLLABUS OCTOBER TERM, 2003 GENERAL DYNAMICS LAND SYSTEMS, INC. V. CLINE SUPREME COURT OF THE UNITED STATES GENERAL DYNAMICS LAND SYSTEMS, INC. v. CLINE et al. certiorari to the united states court of appeals for the sixth circuit No. 021080. Argued November 12, 2003Decided February 24, 2004 A collective-bargaining agreement between petitioner company and a union eliminated the companys obligation to provide health benefits to subsequently retired employees, except as to then-current workers at least 50 years old. Respondent employees (collectively, Cline)who were then at least 40 and thus protected by the Age Discrimination in Employment Act of 1967 (ADEA), but under 50 and so without promise of the benefitsclaimed before the Equal Employment Opportunity Commission (EEOC) that the agreement violated the ADEA because it discriminate[d against them] because of [their] age, 29 U. S. C. 623(a)(1). The EEOC agreed, a...
Banks Vs. Dretke
Court: US Supreme Court
Decided on: Feb-24-2004
Banks v. Dretke - 02-8286 (2004) SYLLABUS OCTOBER TERM, 2003 BANKS V. DRETKE SUPREME COURT OF THE UNITED STATES BANKS v. DRETKE, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, CORRECTIONAL INSTITUTIONS DIVISION certiorari to the united states court of appeals for the fifth circuit No. 028286. Argued December 8, 2003Decided February 24, 2004 After police found a gun-shot corpse near Texarkana, Texas, Deputy Sheriff Willie Huff learned that the decedent had been seen with petitioner Banks three days earlier. When a paid informant told Deputy Huff that Banks was driving to Dallas to fetch a weapon, Deputy Huff followed Banks to a residence there. On the return trip, police stopped Bankss vehicle, found a handgun, and arrested the cars occupants. Returning to the Dallas residence, Deputy Huff encountered Charles Cook and recovered a second gun, which Cook said Banks had left at the residence several days earlier. On testing, the second gun proved to be the murder weapon. Prior ...
Doe Vs. Chao
Court: US Supreme Court
Decided on: Feb-24-2004
Doe v. Chao - 02-1377 (2004) SYLLABUS OCTOBER TERM, 2003 DOE V. CHAO SUPREME COURT OF THE UNITED STATES DOE v. CHAO, SECRETARY OF LABOR certiorari to the united states court of appeals for the fourth circuit No. 021377. Argued December 3, 2003Decided February 24, 2004 After petitioner Doe filed a black lung benefits claim with the Department of Labor, the agency used his Social Security number to identify his claim on official agency documents, including a multicaptioned hearing notice that was sent to a group of claimants, their employers, and lawyers. Doe and other black lung claimants sued the Department, claiming that such disclosures violated the Privacy Act of 1974. The Government stipulated to an order prohibiting future publication of Social Security numbers on multicaptioned hearing notices, and the parties moved for summary judgment. The District Court entered judgment against all plaintiffs but Doe, finding that they had raised no issues of cognizable harm. Howeve...
Olympic Airways Vs. Husain
Court: US Supreme Court
Decided on: Feb-24-2004
Olympic Airways v. Husain - 02-1348 (2004) SYLLABUS OCTOBER TERM, 2003 OLYMPIC AIRWAYS V. HUSAIN SUPREME COURT OF THE UNITED STATES OLYMPIC AIRWAYS v. HUSAIN, individually, and as personal representative of the ESTATE OF HANSON, DECEASED, et al. certiorari to the united states court of appeals for the ninth circuit No. 021348. Argued November 12, 2003Decided February 24, 2004 Under Article 17 of the Warsaw Convention (Convention), an air carrier is liable for a passengers death or bodily injury caused by an accident occurring on an international flight. Accident refers to an unexpected or unusual event or happening that is external to the passenger, not to the passengers own internal reaction to the usual, normal, and expected operation of the aircraft. Air France v. Saks, 470 U. S. 392 , 405, 406. While Rubina Husain (hereinafter respondent) and her husband, Dr. Hanson, were traveling overseas, she requested that petitioner Olympic Airways provide seats away from the s...
Groh Vs. Ramirez
Court: US Supreme Court
Decided on: Feb-24-2004
Groh v. Ramirez - 02-811 (2004) SYLLABUS OCTOBER TERM, 2003 FONT SCAPS="1">GROH V. RAMIREZ SUPREME COURT OF THE UNITED STATES GROH v. RAMIREZ et al. certiorari to the united states court of appeals for the ninth circuit No. 02811. Argued November 4, 2003Decided February 24, 2004 Petitioner, a Bureau of Alcohol, Tobacco and Firearms agent, prepared and signed an application for a warrant to search respondents Montana ranch, which stated that the search was for specified weapons, explosives, and records. The application was supported by petitioners detailed affidavit setting forth his basis for believing that such items were on the ranch and was accompanied by a warrant form that he completed. The Magistrate Judge (Magistrate) signed the warrant form even though it did not identify any of the items that petitioner intended to seize. The portion calling for a description of the person or property described respondents house, not the alleged weapons; the warrant did not incorpor...
illinois Vs. Fisher
Court: US Supreme Court
Decided on: Feb-23-2004
Illinois v. Fisher - 03-374 (2004) Illinois v. Fisher - 03-374 (2004) PER CURIAM ILLINOIS V. FISHER 540 U. S. ____ (2004) SUPREME COURT OF THE UNITED STATES ILLINOIS v. GREGORY FISHER on petition for writ of certiorari to the appellatecourt of illinois, first district No. 03374. Decided February 23, 2004 Per Curiam. The Appellate Court of Illinois held here that the Fourteenth Amendments Due Process Clause required the dismissal of criminal charges because the police, acting in good faith and according to normal police procedures, destroyed evidence that respondent had requested more than 10 years earlier in a discovery motion. Petitioner, the State of Illinois, contends that such a result is foreclosed by our decision in Arizona v. Youngblood, 488 U. S. 51 (1988). There we held that unless a criminal defendant can show bad faith on the part of the police, failure to preserve potentially useful evidence does not constitute a denial of due process of law. Id., ...
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