green
Positive treatment
Quoted verbatim 2×
11.7 score
“njothing in the language of 3730 suggests that its protections are limited to those who were motivated by it”
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997
2011
2026
Top citers, strongest first. 21 distinct citers.
How cited ↗
discussed
Cited "but see"
Robinson v. City and County of Denver
But cf. Parker v. Boyer, 93 F.3d 445 , 447 (8th Cir.1996), cert. denied, 519 U.S. 1148 , 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997) (finding it not “self-evident that the police offend general fourth-amendment principles when they allow members of the news media to enter someone’s house during the execution of a search warrant”).
discussed
Cited as authority (quoted)
McShea v. School Board
njothing in the language of 3730 suggests that its protections are limited to those who were motivated by it
discussed
Cited as authority (quoted)
Baker v. Barnard Construction Co.
flsa case law is clear that the employer bears the burden of demonstrating its right to an exemption
examined
Cited as authority (rule)
Central Airlines, Inc. v. United States
(4×)
also: Cited "see"
Dismissal is inappropriate “unless it appears beyond doubt [the carriers] can prove no set of facts in support of [their constitutional] claim[s] which would entitle [them] to relief.” Id. at 266 (internal quotations omitted).
examined
Cited as authority (rule)
Central Airlines, Inc. v. United States
(4×)
also: Cited "see"
Dismissal is inappropriate "unless it appears beyond doubt [the carriers] can prove no set of facts in support of [their constitutional] claim[s] which would entitle [them] to relief." Id. at 266 (internal quotations omitted).
discussed
Cited "see"
Schatz Schatz Family v. Gierer
See Johnson v. Jones, 515 U.S. 304, 313 , 115 S.Ct. 2151 , 132 L.Ed.2d 238 (1995). 4 The district court announced the proper standard for addressing qualified immunity at the Rule 12(b)(6) stage — whether immunity is established on the face of the complaint, Hafley v. Lohman, 90 F.3d 264 , 266 (8th Cir.1996), cert. denied, 519 U.S. 1149 , 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997) — but failed to engage in any further discussion or analysis of the issue as to the motion-to-dismiss defendants.
cited
Cited "see"
Anna Botz, Formerly Known as Anna Hollenkamp v. Omni Air International
See Hafley v. Lohman, 90 F.3d 264 , 266 (8th Cir.1996), cert. denied, 519 U.S. 1149 , 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
discussed
Cited "see"
Van Deelen v. City of Eudora, Kan.
At the Rule 12(b)(6) stage, qualified immunity protects defendants performing discretionary functions from individual liability unless, on the face of the complaint, the plaintiff alleges the violation of “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. at 818 , 102 S.Ct. 2727 ; see Hafley v. Lohman, 90 F.3d 264 , 266 (8th Cir.1996), cert. denied, 519 U.S. 1149 , 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
discussed
Cited "see"
Robert Kelly Mark Hackett Richard Craparo and Walter Roland v. City of Mount Vernon
See Spradling v. City of Tulsa, 95 F.3d 1492, 1502 (10th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997) (noting that National Guard and Reserve Service require only 15 and 14 days, respectively, of active duty training each year); see also Quirk v. Baltimore County, Maiyland, 895 F.Supp. 773, 782 (D.Md.1995) (holding that military leaves in excess of 15 days caused by the Gulf War could *770 not be considered "temporary” under § 541.118(a)(4)).
examined
Cited "see"
Wilson v. Layne
(3×)
also: Cited "see, e.g."
See Parker v. Boyer, 93 F.3d 445 , 447 (8th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
examined
Cited "see"
Charles H. Wilson Geraldine E. Wilson Raquel Wilson, Next Friend/mother of Valencia Snowden, a Minor v. Harry Layne, Deputy, United States Marshal, Supervisor for the Washington Area, Operation Gunsmoke Joseph L. Perkins James A. Olivo, and Raymond M. Kight, Sheriff, Montgomery County, Maryland John Doe, Unknown Sheriff's Deputies John Doe, Unknown U.S. Marshals United States of America Eric E. Runion Mark A. Collins Brian E. Roynestad, Charles H. Wilson Geraldine E. Wilson Raquel Wilson, Next Friend/mother of Valencia Snowden, a Minor v. Mark A. Collins Eric E. Runion Brian E. Roynestad, and Raymond M. Kight, Sheriff, Montgomery County, Maryland John Doe, Unknown Sheriff's Deputies Harry Layne, Deputy, United States Marshal, Supervisor for the Washington Area, Operation Gunsmoke John Doe, Unknown U.S. Marshals United States of America Joseph L. Perkins James A. Olivo
(4×)
also: Cited "see, e.g."
See Parker v. Boyer, 93 F.3d 445 , 447 (8th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
cited
Cited "see"
Jane Doe v. Father Gerald Hartz
See Hafley v. Lohman, 90 F.3d 264 , 266 (8th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
cited
Cited "see"
Jane Doe, United States of America, Intervenor v. Father Gerald Hartz, Bishop Lawrence Soens St. Lawrence Church Roman Catholic Diocese of Sioux City, Iowa, Jane Doe, United States of America, Intervenor v. Father Gerald Hartz, Bishop Lawrence Soens St. Lawrence Church Roman Catholic Diocese, of Sioux City, Iowa
See Hafley v. Lohman, 90 F.3d 264 , 266 (8th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
cited
Cited "see"
Springdale Education Ass'n v. Springdale School District
See Hafley v. Lohman, 90 F.3d 264, 266 (8th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
cited
Cited "see"
Springdale Education Association v. Springdale School District
See Hafley v. Lohman, 90 F.3d 264 , 266 (8th Cir.1996), cert. denied, --- U.S. ----, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997).
discussed
Cited "see, e.g."
PERRI v. NOVARTIS PHARMACEUTICALS CORPORATION
Such a requirement would bypass internal controls and hotlines, damage corporate efforts at self-policing, and make it difficult for corporations and boards of directors to discover and correct on their own false claims made by rogue employees or managers.”); see also Childree v. UAP/GA CHEM, Inc., 92 F.3d 1140, 1146 (11th Cir. 1996), cert. denied, 519 U.S. 1148 , 117 S. Ct. 1080 , 137 L.Ed.2d 216 (1997); Hopper, 91 F.3d at 1269 (“[P]laintiff must be investigating matters which are calculated, or reasonably could lead to a viable [False Claims Act] action.”); Neal, 33 F.3d at 864.
discussed
Cited "see, e.g."
Charles T. Hutchins v. Wilentz, Goldman & Spitzer Louis Delucia John Does \1\" Through John Does \"3\" Joan Lavery. Charles T. Hutchins v. Abc Corp.
Such a requirement would bypass internal controls and hotlines, damage corporate efforts at self-policing, and make it difficult for corporations and boards of directors to discover and correct on their own false claims made by rogue employees or managers."); see also Childree v. UAP/GA Chem, Inc., 92 F.3d 1140, 1146 (11th Cir. 1996), cert. denied, 519 U.S. 1148 , 137 L.
discussed
Cited "see, e.g."
Hutchins v. Wilentz, Goldman & Spitzer
Such a requirement would bypass internal controls and hotlines, damage corporate efforts at self-policing, and make it difficult for corporations and boards of directors to discover and correct on their own false claims made by rogue employees or managers.”); see also Childree v. UAP/GA CHEM, Inc., 92 F.3d 1140, 1146 (11th Cir.1996), cert. denied, 519 U.S. 1148 , 117 S.Ct. 1080 , 137 L.Ed.2d 216 (1997); Hopper, 91 F.3d at 1269 (“[P]laintiff must be investigating matters which are calculated, or reasonably could lead to a viable [False Claims Act] action.”); Neal, 33 F.3d at 864.
discussed
Cited "see, e.g."
Mruz v. Caring, Inc.
See, e.g., id. at *6; see also Childree v. UAP/GA AG CHEM, Inc., 92 F.3d 1140 (11th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1080 , 137 L.Ed.2d 216 (1997); Boese, Civil False Claims at 4-134 n. 472 (citing cases which have “rejected requirement that a relator actually file a suit to be protected" by section 3730(h)). 9 .
discussed
Cited "see, e.g."
Jones v. Clinton
See also Parker v. Boyer, 93 F.3d 445 , 447-48 (8th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1081 , 137 L.Ed.2d 216 (1997). “[Ujnder color of law means under ‘pretense’ of law.” Screws v. United States, 325 U.S. 91, 111 , 65 S.Ct. 1031, 1039 , 89 L.Ed. 1495 (1945) (plurality opinion).
discussed
Cited "see, e.g."
State v. Rama
Compare Leslie Salt Co., supra, (holding that clause “shall be subject to a civil penalty” mandated imposition of penalty), with Spradling v. City of Tulsa, 95 F.3d 1492, 1501 (10th Cir.1996) (ruling that phrase “subject to reduction” means “possibility.”) (cert. denied, — U.S. -, 117 S.Ct. 1081 , 137 L.Ed.2d 216 ) and People v. Postall, 153 Misc.2d 167 , 580 N.Y.S.2d 975, 980 (1992) (declaring that postal service regulation that “[ejmployee lockers are subject to inspection” did not constitute blanket consent to search because phrase “subject to” is ambiguous; it can mea…
Retrieving the full opinion text from the archive…
Grantwood Village
v.
Missouri Pacific Railroad Co.
v.
Missouri Pacific Railroad Co.
No. 96-931.
Supreme Court of the United States.
Feb 24, 1997.
Cited by 62 opinions | Published
Citer courts: Tenth Circuit (1) · M.D. Florida (1)
C. A. 8th Cir. Certiorari denied.