Friday, June 3, 2011

FindLaw Constitutional Law Summaries - May 30-June 03, 2011

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Weekly Opinion Summaries
Constitutional Law

May 30-June 03, 2011 FindLaw.com Weekly Constitutional Law Newsletter
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Constitutional Law

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Constitutional Law

United States Supreme Court, 05/31/2011
Ashcroft v. al-Kidd, No. 10-98
In a dispute arising from a Bivens action against petitioner for allegedly abusing the federal material-witness statute, 18 U. S. C. section 3144, judgment of the appeals court affirming denial of immunity is reversed because an objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive. Read more...

United States Fourth Circuit, 06/02/2011
Noel v. Artson, No. 09-1562
In a Section 1983 action arising from a fatal shooting following a no-knock entry into a residence by police officers, judgment of the district court in favor of the defendants is affirmed where jury charge provided a complete and accurate statement of the law and afforded plaintiffs ample latitude to argue their case. Read more...

United States Fourth Circuit, 06/02/2011
US v. $79,650.00 Seized from BOA, No. 10-1291
In a currency structuring dispute, 31 U.S.C. section 5317(2), post-judgment order of the district court reducing the amount of forfeiture on Eight Amendment grounds is reversed where the court misperceived the authorized penalty for purposes of its Eighth Amendment proportionality analysis. Read more...





United States Ninth Circuit, 06/01/2011
McCollum v. CDCR, No. 09-16404
In a quasi-constitutional challenge to defendant's paid chaplaincy program by a group of Wiccan inmates involving a claim of remuneration by a volunteer chaplain, judgment of the district court dismissing action is affirmed where: 1) lead plaintiff lacked standing; and 2) the court need not exercise jurisdiction over derivative claims. Read more...

Court of Appeals of New York, 06/02/2011
Walsh v. Katz, No. 94
In a dispute involving the constitutionality of the residency requirement for the elected position of town justice, Election Law section 16-102, order of the appeals court is affirmed where the the residency requirement, applying a rationale basis test, does not violate the equal protection clause. Read more...

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