Court Filter
FEDERAL COURTS
STATE COURTS
Apply Filter
Judge Filter
Filter by Judge Name (Beta)
Motion Filter
Filter by Motion (Beta)
*Please select motion
Other Filters
2010 Onwards313902
From 2000 To 2010184588
From 1990 To 2000114305
From 1980 To 199096510
From 1970 To 198076918
From 1960 To 197054068
From 1950 To 196048387
Before 1950176471

Cases cited for the legal proposition you have searched for.

Loading..

Showing 100 of 116483 results

...to suppress evidence. One of those motions claimed that he was seized "without any reasonable suspicion that he was engaged in criminal activity" and that "[t]he acquisition of the evidence which the...

...hepatitis C are not acquired through everyday contact. As we noted earlier, § 1915(g) merely establishes a threshold procedural question and...

...." Appellant showed remorse when he discussed the murder with Brams. Brams felt that appellant had acquired enough "insight" about his life to see that he had wasted his talents. She...

...Hanrahan, 446 U.S., at 759, or acquired a judicial pronouncement that the defendant has violated the Constitution unaccompanied by...acquiring a judgment. See Getz v. Johnston, 145 Md. 426, 434, 125 A. 689...acquired a specialized meaning in the legal context must be accorded their legal meaning. "[W]here Congress borrows terms of art in which are accumulated the legal tradition and...

...of a product may acquire a distinctiveness which serves to identify the product with its manufacturer or source; and a design or package which acquires this secondary meaning, assuming other requisites...that the sign stands are made by MDI, the design provides a unique and useful mechanism to resist the wind's force. Functionality having been established, whether the design has acquired secondary...to resist the force of the wind. Functionality having been established, whether MDI's dual-spring design has acquired secondary meaning need not be considered. There is no need...

...may be imposed for individual unconstitutional acts of lower-level employees. Grandstaff recognized that isolated instances of police misbehavior do not prove acquiescence by a city policymaker...Piotrowski's briefs and the record are several alleged customary policies: (1) The City's acquiescence in off-duty employment of Officers Fincher, Wells and others...City's acquiescence in police officers' moonlighting for Dudley Bell, a policy appears to have been proven. As the touchstone for establishing customary policy is a persistent and widespread practice...

...of trial. The informant was Phillip Jones, an occupant of the Harris County Jail, who became acquainted with appellant in March of 1998, about three months prior to appellant's.... Thomas v. State, 723 S.W.2d 696, 707 (Tex.Crim.App. 1986). In the instant case, there was no dispute as to the facts surrounding the acquisition of Jones...were committed in anger against acquaintances. The recordings allowed the State to say in final argument to the jury, "The man is a stone cold killer...

...consumed while they remain in California, there is no danger that recognition of their claim will encourage citizens of other States to establish residency for just long enough to acquire some...and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety; subject nevertheless to such restraints as the government may justly prescribe...

...Robert Tate, a regular customer and acquaintance of the proprietors of the Handi Mart and sometime employee of Swartz Electric. Appellant and his cohorts arrived at the store, noted... [I]f you have a reasonable doubt [about appellant's guilt as to the capital murder charges] you will acquit the defendant of capital murder and next...

...court recognized, however, that the practice may benefit a defendant by giving a jury a less drastic alternative to the choice between conviction of the charged offense and acquittal. ( Ibid...convicting defendant of a capital offense or acquitting him. The jury was instructed on the lesser included offense of second degree murder with respect to both deaths and was instructed on voluntary...forced improperly to make an all-or-nothing choice between a capital verdict and an acquittal. ( Beck, supra, 447 U.S. at pp. 637-638...

...action arose," § 1451(f)(1), or "3 years after the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action," § 1451(f)(2...of action arose," § 1451(f)(1), or "3 years after the earliest date on which the plaintiff acquired or should have acquired actual knowledge of the existence of such cause of action," § 1451(f)(2...

...that Wilson had acquired during his work as a deputy sheriff. In making a determination as to disability, an ALJ undertakes a five-step sequential evaluation process mandated by...-skilled clerical jobs, such as order clerk, information clerk, account information clerk, stock and inventory clerk, and shipping and receiving clerk. Delmar testified that Wilson had acquired transferable...and include them in the written decision," and "When a finding is made that a claimant has transferable skills, the acquired work skills must be identified." Soc. Sec. Rul. 82-14, 1982 WL...

...caused the examiner to abandon her position, the record finally reflects the examiner's acquiescence to the claim language chosen by the applicant. This is not clear evidence of the patentee's disavowal of...

...prisons would acquiesce in that federal common law by incorporating it into their grievance systems. Simply because the rules are...

...spread through neighbors and acquaintances; by requesting help from the Farm Bureau, a local farm supply organization, and the Agricultural Extension Service, a statewide agricultural organization...record reveals that in "word-of-mouth referrals," Garber told "neighbors, acquaintances, and so on" that "I need help." Neither the record nor the parties' briefs indicate a more extensive use of any...

...justice. Put another way, the acquittal of defendant would be no different from the acquittal of O.J. Simpson. Defendant further maintains that by this statement the prosecutor compared defendant's attorney...and mirror" defense was illegitimate and that the jury should disregard this defense and convict defendant to avoid the ridicule accompanying an acquittal. The State first argues...

...United States Constitution. In addition, the legal guardians contended that the City of Philadelphia, by acquiescing in the longstanding policy, custom, or practice of not posting...imposed under section 1983 against the City of Philadelphia for constitutional violations as a result of the City's acquiescence in the longstanding policy, custom or practice of not granting "activity...liability in either situation is a showing that a policymaker was responsible either for the policy or, through acquiescence, for the custom. Id. See also Jett v. Dallas Independent School Dist...

...person shall be molested for his opinions on any subject whatsoever, nor suffer any civil or political incapacity, or acquire any civil or political advantage, in consequence of such opinions, except...Professionals (1995). Such "summaries" are indispensable when, for example, the regulations that Constitute the "Federal Acquisition Regulations System" total some 5,037 pages of fine print. See...of Federal Regulations would not contain the 5,000+ pages it does if it did not make fine distinctions, permitting certain actions in some Government acquisition areas and prohibiting them in others...

...acquired additional computer knowledge by attending adult education classes at night, and he received training from Hewlett-Packard in conjunction with his computerization of the municipal court..., 677 (10th Cir. 1990), is inapplicable because, in that case, the plaintiff demonstrated that his employer's proffered reasons were pretextual because the younger employee who was hired acquired the...

...directed the violation or had actual knowledge of the violation and acquiesced in its continuance. Woodward 977 F.2d at 1400 (citing...

...different from the consideration of a motion for acquittal in a criminal case, where the beyond-a-reasonable-doubt standard applies and where the trial judge asks whether a reasonable jury could find...): "The true rule, therefore, is that a trial judge, in passing upon a motion for directed verdict of acquittal, must determine whether upon the evidence, giving full play to the right of the...

...make any significant effort to find out what evidence might be garnered from respondent's relatives and acquaintances surely cannot be described as "reasonable." Counsel's failure to investigate is...

...F.2d 1469, 1480 (3d Cir. 1990). "[A] prerequisite to establishing liability in either situation is a showing that a policymaker was responsible either for the policy, or through acquiescence, for...

...conscious acquiescence to sexual harassment in school setting). b. Clearly Established "Clearly established" law has...612 (1985). In order to prove the existence of a custom, the plaintiff must show that policymakers with final decisionmaking authority knew of the policy and acquiesced in it...was aware that alumni continued to participate in wrestling practices and acquiesced in their participation. b. Practice, policy, or...

...conduct in the second degree. In a post-trial motion, Crandall requested judgment of acquittal or, in the alternative, a new trial, assigning as error the presence of the alternate...

..., of acquiring, possessing and protecting property and reputation, and of pursing their own happiness. Pa. Const. art. I, § 1...the family and the affirmative duty on CYS to monitor, supervise and investigate what went on in the child's home after it acquired information about the series of abuses perpetrated against Seth and...

...for failure to train may be proper where it can be shown that policymakers were aware of, and acquiesced in, a pattern of constitutional violations involving the exercise of police discretion. In such...

...inhabitant. Ibid. The House refused to acquiesce in a number of amendments made by the Senate, including the Sherman amendment, and the respective versions of H.R. 320...; the enjoyment of life and liberty, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety . . . .'" Globe App. 69 (emphasis added), quoting 4...

...searched the clinic but were unable to locate the employees sought. Although petitioner was acquitted of the fraud charges, he was indicted and convicted for obstructing police in the performance of an...Pembaur for obstructing police in the performance of an authorized act. Although acquitted of all other charges, Pembaur was convicted for this offense. The Ohio Court of Appeals reversed, reasoning that...law enforcement officials, and that, under the circumstances of this case, Pembaur was obliged to acquiesce to the search and seek redress later in a civil action for damages...

...appeal from a judgment of acquittal, even if the evidence of guilt is overwhelming. The power of the factfinder to err upon the side of mercy, however, has never been thought to include a power to...for judgment of acquittal and a postverdict appeal from the denial Page 318 of such a motion. See generally 4 L. Orfield, Criminal Procedure Under the Federal Rules §§ 29:1-29:29 (1967 and Supp. 1978...between criminal and civil cases for the purpose of ruling on a motion for judgment of acquittal. United States v. Feinberg, 140 F...

...policy and has acquired the force of law." Bennett, 728 F.2d at 768 (5th Cir. 1984). A third type of "policy" stems from "a final decisionmaker's adoption of a course of action `tailored to a...

...William's injuries. It would also appear that Saunders, Sr., although perhaps never himself physically abusive toward William, at the very least acquiesced to certain physical disciplinary methods...also Fletcher v. O'Donnell, 867 F.2d 791, 793-94 (3d Cir. 1989) ("Custom may be established by proof of knowledge and acquiescence...

.... In respect to this issue on appeal, appellant asks this Court to "reverse and render a judgment of acquittal"...

...452 (1986). The second type of "policy" arises from custom, i.e., "conduct that has become a traditional way of carrying out policy and has acquired the force of law...she was acquitted of the disciplinary charge. Because it is undisputed that Moore was delegated authority by the Sheriff to assign prisoners at the Jail to administrative separation, in this situation...

.... See 53 Pa. Stat. § 306 et seq. The Authority is empowered to acquire and operate solid waste disposal facilities for the County, and has done so at two sites within the County. The.... Mr. Ogborne was acquitted on August 28, 1996. Ms. deProphetis later stated that Detective Polites...depend on whether the suspect actually committed the crime" and his "later acquitt[al] of the offense for which he is arrested is irrelevant to...

..., 46 L.Ed.2d 561 (1976). The necessary involvement can be shown in two ways, either "through allegations of personal direction or of actual knowledge and acquiescence...or acquiescence leading to discrimination must be pled and proven with appropriate specificity. Id. In this case, Doyle and Liciardello contend that there was...insufficient evidence to prove that they either acquiesced to discrimination at AID or directly participated in such discrimination. They claim that there were no complaints regarding most of the alleged...

...." Andrews v. City of Philadelphia, 895 F.2d 1469, 1480 (3d Cir. 1986) (citations omitted). Significantly, municipal acquiescence may...1316, 1326 (7th Cir. 1993). The plaintiff must demonstrate that a policymaker is responsible for the policy or, through acquiescence, for the custom. See Andrews, 985 F.2d at 1480...Incident to his supervisor, to raise a triable issue of fact as to Chief Rifice's acquiescence to any unconstitutional custom at the ACPD. Accordingly, plaintiffs' § 1983 claims premised upon the existence...

...unless the trigger was pulled. Johnson further testified that appellant was at least two feet from the victim when the gun was fired. Terry Graham, an acquaintance of appellant's and...Jackson review process, the appellate court would be required to render a judgment of acquittal; the theory being that a determination that the evidence is legally insufficient indicates that...

...requires proof that the defendant focused upon the risk of unconstitutional conduct and deliberately assumed or acquiesced in such risk."), cert. denied, ___ U.S. ___, 113...

...Monell, 436 U.S., at 661, n. 2, or by acquiescence in a longstanding practice or custom which constitutes the "standard operating procedure" of the local governmental...lengthy and methodical detail the introduction, debate, passage, veto, and enactment of the 1866 Act. The story should by now be familiar to anyone with even a passing acquaintance with this statute...

...(Roebuck), Inc., but for simplicity we will refer to it as "Laidlaw" throughout.) Shortly after Laidlaw acquired the facility, the South Carolina Department...cases a long and uninterrupted history of Presidential acquiescence and approval can shed light upon the constitutional understanding. What we have here — acquiescence and approval by a single...

...cases "because it requires proof that the defendant focused upon the risk of unconstitutional conduct and deliberately assumed or acquiesced in such risk...

...under the Jackson standard, it must render a judgment of acquittal. Tibbs v. Florida, 457 U.S. at 42..., 102 S.Ct. at 2218. As the concurring opinion in the court of appeals below noted, "To render a judgment of acquittal is to literally substitute the judgment of the... Neither the federal nor the Texas prohibition against double jeopardy, U.S. Const. amend. V.; Tex. Const. art. I, § 14, preclude defendants from seeking an acquittal through a new trial...

...Blumberg project. After reviewing the contractor's file, Plaintiff discovered that the Notice to Proceed was issued to the contractor before the proper documentation was acquired. (PL's Dep. at 234-35...a policymaker was responsible either for the policy or, through acquiescence, for the custom.") ( citing Jett v. Dallas Indep. Sch. Dist., 491...

...." Weems v. United States, 217 U.S. 349, 373 (1910). Thus the Clause forbidding "cruel and unusual" punishments "is not fastened to the obsolete but may acquire meaning ...jury's verdict of acquittal could be overturned and a defendant retried would run afoul of the Sixth Amendment jury-trial guarantee and the Double Jeopardy Clause of the Fifth Amendment. In the federal...does not cause the system to be standardless any more than the jury's decision to impose life imprisonment on a defendant whose crime is deemed insufficiently serious or its decision to acquit someone...

...that "subpoenaed testimony concerning information acquired through public employment is speech of a citizen entitled to First Amendment protection"); Alexander v. Eeds... that subpoenaed testimony concerning information acquired through public employment is speech of citizen entitled to First Amendment protection," and therefore qualified...

...undertaking to provide petitioner with protection against a danger it played no part in creating, the State acquired a duty under state tort law to provide him with adequate protection against that danger. But...18-20. Having actually undertaken to protect Joshua from this danger — which petitioners concede the State played no part in creating — the State acquired an affirmative "duty," enforceable through...applies "only after the State has complied with the constitutional guarantees traditionally associated with criminal prosecutions. . . . [T]he State does not acquire the power to punish with which the...

...to their safety." Majority Op. at 17. If thirteen-year-old children do have these traits, but nine-year-old children do not, we are left to wonder when, exactly, children acquire these traits for...

..., children acquire these traits for constitutional purposes.6 Do schools need to evaluate the maturity of each...

...threats to their safety." Majority Op. at 17. If thirteen-year-old children do have these traits, but nine-year-old children do not, we are left to wonder when, exactly, children acquire these traits for...

...September 2010, when Shania Gray was fourteen years old, her mother, Sherri Gray-James, arranged a babysitting job for her at the request of an acquaintance named Jennifer Dibrell. Gray began babysitting...

...thirteen-year-old children do have these traits, but nine-year-old children do not, we are left to wonder when, exactly, children acquire these traits for constitutional purposes...

...individuals should have known." Id. at 1090. I believe that a fair reading of the following text, in which I take pains to distinguish deliberate indifference, marked by acquiescence in a longstanding...exclude from the scope of scienter's meaning a municipal policymaker's deliberately indifferent acquiescence in a custom or policy of inadequately training employees, even though "the need for more or...trio, the plurality positions in Pembaur and Praprotnik finally acquired the status of a majority opinion. In Jett, which was decided shortly before the case sub judice went...

...associating with acquaintances and visitors, roaming unsupervised throughout the town, using automobiles in and out of the town, loitering on private property and failing to perform their work tasks...

... a lesser included offense instruction should be given 'if the evidence would permit a jury rationally to find [a defendant] guilty of the lesser offense and acquit him of the greater...

...criminal acquittals were complete and he was no longer confined at ACJ. Defendants state that it was unreasonable for Plaintiff to fear for his safety because he was never seriously injured or killed...disorderly conduct. Plaintiff was tried for these offenses and was acquitted by a jury of all charges on October 15, 2007. Defendants deny these assertions and further indicate that any claims arising from...charged with aggravated assault and disorderly conduct. Plaintiff was tried for these offenses and a jury acquitted him of all charges on October 21, 2007. Plaintiff states that these charges were...

...opportunities for land acquisition for purposes of detention were lost as the land was acquired for other uses. Plaintiffs argue that Defendants cannot reasonably be expected to be given a presumption.... County of Inyo, 489 U.S. 593, 596 (1989)("Violation of the Fourth Amendment requires an intentional acquisition of physical control. . . The detention or taking...implement project plans and achieve their purposes ; and (3) acquir[ing] , construct[ing] , reconstruct[ing] , or install[ing] public...

...). Custom can be established by proof of knowledge and acquiescence. Fletcher v. O'Donnell, 867 F. 2d 791, 793-4 (3d Cir. 1989...the alleged wrongs. . . . [P]ersonal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence. Allegations of participation or actual knowledge and...acquiescence, however, must be made with appropriate particularity. Rode, 845 F.2d at 1207...

..., Nelson's mental health had deteriorated. He had allegedly stopped taking his medication, acquired a gun, and threatened to kidnap certain members of his family. On September 3, 2005, Investigator...

...provide regional drainage solutions to the residential neighborhoods was ever implemented. Meanwhile other opportunities for land acquisition for purposes of detention were lost as the land was acquired..., 109 S.Ct. 1378, 103 L.Ed.2d 628 (1989) ("Violation of the Fourth Amendment requires an intentional acquisition of physical...municipality to be necessary or convenient to implement project plans and achieve their purposes ; and (3) acquir[ing], construct[ing], reconstruct[ing], or install[ing...

...acquiescence of the municipal officer or body with 'final policymaking authority' over the subject matter of the offending policy.'" Id. (quoting...

...Anderson v. State, 633 S.W.2d 851 (Tex.Cr.App. 1982), wherein the venireperson testified that because of her tangential acquaintance with the defendant and several...

...Judgment of acquittal, Motion for Discovery," all filed on February 2, 2001, and a "Motion for Judgment of Acquittal" which is also captioned "Motion for Mistrial" in Carpino's hand, filed on...would have resulted in an acquittal if it had proceeded on the original trial date of December 7, 1999. Such unsupported conjecture from a petitioner carries no weight in habeas corpus...jurors from acquiring an accurate picture of events, and that disappointing their expectations about what evidence would normally be available to establish a proposition may lead them to draw inaccurate...

.... Wesbrook, 29 S.W.3d at 116. Facts developed at a hearing on the matter showed that an informant, a fellow inmate at the Harris County Jail, became acquainted with the defenda...

...apart, their heads ripped off. During one of a series of harassing phone calls to his estranged wife after the incident (the call was monitored by an acquaintance of the wife who...the visit and refused, defendant, who was freebasing cocaine, threatened to "torch her face" with a flame if she did not orally copulate him. She acquiesced, then attempted to escape. Defendant...

...is not relevant to the situation Officer Carbonneau faced in this case. Bratton stated that the stress-fire course is intended to train cadets to acquire and strike targets rather than to train on...: Okay. And what two different ways did they tell you? A: That wasn't — you knew the acquisition of the suspect or person and you were in danger, or somebody else...

...S.Ct. 2018). Custom “may also be established by evidence of knowledge and acquiescence.” Beck, 89 F.3d at 971..., the Complaint does not allege that policymakers knew about or acquiesced to the custom of requiring domestic violence victims to return during regular business hours. The Complaint does make some...general, conclusory statements that there was a “ de facto policy by defendants EOPD and East Orange acquiescing to [unspecified] unconstitutional acts and violations of civil rights.” Compl. ¶ 52...

...allegations of personal direction or of actual knowledge and acquiescence. Allegations of participation or actual knowledge and acquiescence, however, must be made with appropriate particularity...which could establish that Defendant DeRose directed or acquiesced in any alleged denial or delay in Folk's medical treatment or impaired his right of access to the courts. In fact, the Complaint...

...predicated solely on the operation of respondeat superior. Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence." Rode v...responsible for either the affirmative proclamation of a policy or acquiescence in a well-settled custom." Bielevicz v. Dubinon, 915 F.2d...

...between the constitutional deprivation and either the supervisor's personal participation, his exercise of control or direction, his acquiescence...

...shown through allegations of personal direction or of actual knowledge and acquiescence." Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d...official who has the power to make policy is responsible for either the affirmative proclamation of a policy or acquiescence in a well-settled custom." Bielevicz v. Dubinon...

...policymakers with final decisionmaking authority knew of the practices and acquiesced in them. See Sciotto, 81 F. Supp.2d at 575. In the...evidence to suggest that the "Fly on the Wall" activity was a policy or custom that was instituted by the superintendent or the school district or that either of these parties knew of or acquiesced in the...

...to exhaust as a matter of law any time prison officials decide to assert noncompliance with a written grievance procedure that effectively has been modified with staff acquiescence or participation...

...the day the defendant took the test. The jury acquitted the defendant. On June 3, then-Assistant District Attorney Rachel Palmer emailed one of the technical supervisors at Lone Star...

..., 867 F.2d 791, 793-94 (3d Cir.) ("Custom may be established by proof of knowledge and acquiescence."),cert. denied, 42 U.S. 919.... Without evidence establishing proof of knowledge and acquiescence by appropriate city officials, plaintiff's attempt to establish a policy or custom attributable to the City upon which to assign...

...inspection she conducted. In Culbertson's actual testimony, however, she would not state that the instrument was working properly the day the defendant took the test. The jury acquitted the defendant...

...acquiescence." Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988). The record contains evidence that DHS...

...or acquiescence in a well-settled custom." Green v. Chester Upland School District, 89 F. Supp. 3d 682, 688 (E.D. Pa. 2015). The...dangers they cause. The record simply does not contain sufficient examples of the department acquiescing to the improper conduct of subordinates in order to establish a custom.... Tuttle, 471 U.S. 808, 823 (1985), a custom is less definitive and may be inferred based upon evidence that a decision maker has acquiesced to the "longstanding habits" or "wi...

...other person in the picture, and altered his version of how he acquired the card. He told Detective Sanford that he drove Davis to Palestine to pick up Davis's car, which had mechanical trouble. He stated...any criminal case. In any case where the legal evidence raises an issue [regarding the legality of the State's acquisition of evidence], the jury shall be instructed that if it believes, or has...

...-94 (3d Cir.) ("Custom may be established by proof of knowledge and acquiescence."), cert. denied, ___ U.S. ___, 109 S.Ct. 3244, 106 L.Ed.2d...acquiescence in a well-settled custom. Andrews, 895 F.2d at 1480. This requirement stems from the Supreme Court's mandate in Jett v...policies which affirmatively command that it occur . . . or by acquiescence in a longstanding practice or custom which constitutes the "standard operating procedure" of the local government entity...

...acquiescence.” Evancho v. Fisher, 423 F.3d 347, 353 (3d Cir.2005) (quoting Rode v...) (“In light of the United States Supreme Court's decision in Iqbal, ... which rejected the theory that a supervisor could be liable based on knowledge of, and acquiescence in, his...subordinate's acts, courts have questioned whether the “knowledge and acquiescence” standard set out in Rode remains good law.”) (citing Bayer v...

...). Custom may also be established by showing a policymaker's knowledge and acquiescence to a practice.Id. Once a policy or custom has been established, it must also be shown that the policy or...

...Rodriguez, 871 F.2d at 554-55). "Basing liability on inadequate training where there is no municipal awareness of or acquiescence in a pattern of...

.... In addition, as a matter of New Jersey law, in the case of a person committed "pursuant to N.J.S.A. 2C:4-8 concerning acquittal of a...murder. Id. In doing so, they considered it significant that although the patient, who was hospitalized after acquittal on a charge of aggravated battery, had "attacked a patient before, he had...that notwithstanding 42 U.S.C. § 3604 (f), statutes prohibiting the placement of people acquitted by reason of insanity in community residences violated...

.... Defendant has presented over the course of the last several months, drafts of the new ordinance, as a matter of courtesy, but submits that Plaintiffs' agreement or acquiescence on the enactment...meritorious civil rights cases and for plaintiffs to discontinue litigation after receiving through the defendant's acquiescence the remedy initially sought. In light of its long history and the important...

...an acquittal of their client. There are four generally permissible areas of jury argument: (1) summation of the evidence; (2) reasonable deduction from the evidence; (3) answer to...

...police badge to acquire sexual favors, but that this still was not sufficient evidence for Shoemaker to place Sellars under arrest. Plaintiff's Response, at 4...

...fostering Bennett's release. Further, the Delaware County Board of Prison Inspectors' acquiescence as Wackenhut transferred responsibility for retrieving warrants to poorly-trained entry-level workers could...

..., 577 F.3d at 617 (citations and quotations omitted)). "A policy is official only `when it results from the decision or acquiescence of the municipal officer or body with "final policymaking...

...for administering tort claims on behalf of the public body acquires actual knowledge of the time, place and circumstances giving rise to the claim, where the communication is such that a reasonable...) demonstrate to the school board that the child has acquired equivalent knowledge to that acquired in courses taught in grades 1 through 12 in public school. ORS 339.020-.030. In other words, Oregon does not...

...Tulowitzki and Lovette stating that he was certain the defense expert would "answer honestly that he found some incriminating evidence on the tennis shoe." Id. ¶ 104. He only acquired this information...

...alternates could sign the verdict forms. The jury acquitted Ottersburg on one of the charges, but convicted him on the others. The jury, including the alternates, were polled. Ottersburg never objected...

...liability may attach if the supervisor personally "participated in violating the plaintiff's rights, directed others to violate them, or, as the person in charge, had knowledge of and acquiesced" in a...Plaintiff's rights, directed others to violate them, or had knowledge of an acquiesced in any subordinate's unconstitutional conduct vis-à-vis...detention following his acquittal on all criminal charges violated the Fourth Amendment) See, e.g...

...only way to impose liability on the City for the mayor's or police chief's actions would be to find a custom or practice of acquiescence by the municipal policy-maker in such rule-breaking, or to find...issue of municipal liability, she must proffer sufficient evidence from which a reasonable fact-finder could discern either an unexpressed municipal policy, practice, or custom of acquiescence, or conduct...isolated one. Municipal liability cannot attach for an unexpressed policy, or widespread practice, of acquiescence in unauthorized acts based on only one isolated instance of such conduct...

...-73; Young, 428 S.W.3d at 176. There must be some evidence from which a rational jury could acquit the defendant of the greater...

...existence of either a policy or custom, "a plaintiff must show that an official who has the power to make policy is responsible for either the affirmative proclamation of a policy or acquiescence in a well...knew about and acquiesced to the unconstitutional practice. Garvin v. City of Philadelphia, Civ. A. No. 02-2214, 2003 U.S. Dist. LEXIS 2471, at *5 (E.D. Pa. Feb. 24, 2003) (citing...

...involvement through allegations of participation, personal direction, or actual knowledge and acquiescence. Id. These allegations "must be made with appropriate particularity." Id. Here..., Plaintiff has set forth no averments as to the personal participation, direction, or actual knowledge and acquiescence by Defendants Wingard and Onorato in the events surrounding Plaintiff's alleged....) As noted above, a § 1983 plaintiff must aver a defendant's personal involvement through allegations of participation, personal direction, or actual knowledge and acquiescence...

...respondeat superior. Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence." Rode v. Dellarciprete...municipal liability under § 1983, "a plaintiff must show that an official who has the power to make policy is responsible for either the affirmative proclamation of a policy or acquiescence in a well...

...operation of respondeat superior. Personal involvement can be shown through allegations of personal direction or of actual knowledge and acquiescence." Rode v. Dellarciprete...establish municipal liability under § 1983, "a plaintiff must show that an official who has the power to make policy is responsible for either the affirmative proclamation of a policy or acquiescence in a...

...knowledge and acquiescence." Rode v. Dellarciprete, 845 F.2d 1195, 1207 (3d Cir. 1988) (citations...official who has the power to make policy is responsible for either the affirmative proclamation of a policy or acquiescence in a well-settled custom." Bielevicz v. Dubinon...

Loading..
Loading..

Please log in or register for a free trial to access these features.

s Register now

Got It