green
Positive treatment
Quoted verbatim 2×
10.1 score
“as we noted in waters, although police officers need not suffer a 'watered-down version' of their constitutional rights, 'the state's interest in regulating its police force can be especially compelling.”
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 47 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Stanley R. Guffey v. Eldridge Wyatt, Officer
the pronouncement of one state court on a constitutional issue does not necessarily shield a government official from liability.... n light of contrary authority from the federal courts....
examined
Cited as authority (quoted)
McCabe v. Sharrett
as we noted in waters, although police officers need not suffer a 'watered-down version' of their constitutional rights, 'the state's interest in regulating its police force can be especially compelling.
cited
Cited "see"
Mason v. Village of Babylon, New York
See Weber v. Dell, 804 F.2d 796, 802 (2d Cir. 1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); see also Walsh v. Franco, 849 F.2d 66, 69-70 (2d Cir.1988).
discussed
Cited "see"
Wilson v. Shelby County, Ala.
See Weber v. Dell, 804 F.2d 796 (2nd Cir.1986), cert. denied sub nom., County of Monroe v. Weber, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); Walsh v. Franco, 849 F.2d 66 (2nd Cir.1988); Logan v. Shealy, 660 F.2d 1007 (4th Cir.1981), cert. denied, 455 U.S. 942 , 102 S.Ct. 1435 , 71 L.Ed.2d 653 (1982); Stewart v. County of Lubbock, 767 F.2d 153 (5th Cir.1985), cert. denied, 475 U.S. 1066 , 106 S.Ct. 1378 , 89 L.Ed.2d 604 (1986); Watt v. City of Richardson Police Department, 849 F.2d 195 (5th Cir.1988); Masters v. Crouch, 872 F.2d 1248 (6th Cir.1989), cert. denied sub nom., Frey v. M…
cited
Cited "see"
Sheriff's Silver Star Ass'n of Oswego County, Inc. v. County of Oswego
See Weber v. Dell, 804 F.2d 796 , 802-03 (2d Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); O'Connor v. Barnes, 1998 U.S. Dist.
cited
Cited "see"
Shain v. Ellison
See Weber v. Dell, 804 F.2d 796, 802 (2d Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Jeffes v. Barnes
See Weber v. Dell, 804 F.2d 796, 802 (2d Cir.1986), ce rt. denied sub nom., County of Monroe v. Weber, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987) (noting that section 1983 preempts state law and a county can be liable for its established policies, custom, and practice).
cited
Cited "see"
Heisler v. Kralik
See Weber v. Dell, 804 F.2d 796, 803 (2d Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Varrone v. Bilotti
See Weber v. Dell, 804 F.2d 796, 803-804 (2d Cir.1986) (relying upon decisions of other circuits in making a qualified immunity determination), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987). 15 Prior to the strip search on March 10, 1989, three other circuits had established a "reasonable suspicion" standard for strip searches of prison visitors.
discussed
Cited "see"
Varrone v. Bilotti
See Weber v. Dell, 804 F.2d 796, 803-804 (2d Cir.1986) (relying upon decisions of other circuits in making a qualified immunity determination), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
cited
Cited "see"
Nowosad v. English
See Weber v. Dell, 804 F.2d 796 (2d Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
OONA R.-S. BY KATE S. v. Santa Rosa City Schools
See Ward v. County of San Diego, 791 F.2d 1329 (9th Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987) (explaining that, in the absence of binding precedent, a court must look to “all available decisional law including decisions of state courts, other circuits and district courts” to determine whether a right was clearly established at the time of the alleged violation) (emphasis added) (citation omitted).
discussed
Cited "see"
Allen v. Sakai
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (public officials not charged with "the kind of legal scholarship normally associated with law professors and academicians," but with the knowledge of a reasonable person), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987). 19 Similarly, the defendants should have known that they had a duty to provide Smith with a pen for preparing court documents.
discussed
Cited "see"
Elder v. Holloway
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (the court does not “require of most government officials the kind of legal scholarship normally associate ed with law professors and academicians”), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Allen v. Sakai
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (public officials not charged with “the kind of legal scholarship normally associated with law professors and academicians,” but with the knowledge of a reasonable person), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Allen v. Sakai
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (public officials not charged with “the kind of legal scholarship normally associated with law professors and academicians,” but with the knowledge of a reasonable person), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Allen v. Sakai
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (public officials not charged with "the kind of legal scholarship normally associated with law professors and academicians," but with the knowledge of a reasonable person), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987). 15 Similarly, the defendants should have known that they had a duty to provide Smith with a pen for preparing court documents.
discussed
Cited "see"
Jeffries v. Harleston
See Eiland v. City of Montgomery, 797 F.2d 953 (11th Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987) (“The task under Pickering [v. Board of Ed., 391 U.S. 563 , 88 S.Ct. 1731 , 20 L.Ed.2d 811 (1968) ] is to balance those competing interests and to determine whether the employee’s interests in the speech as a whole outweigh the public employer’s interests.” Id. at 957 n. 6) (emphasis added); Moore v. City of Kilgore, Tex., 877 F.2d 364 (5th Cir.), cert. denied, 493 U.S. 1003 , 110 S.Ct. 562 , 107 L.Ed.2d 557 (1989) (“Finally, we turn to an analysis of t…
discussed
Cited "see"
Elder v. Holloway
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (the court does not “require of most government officials the kind of legal scholarship normally associated with law professors and academicians”), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Elder v. Holloway
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (the court does not "require of most government officials the kind of legal scholarship normally associated with law professors and academicians"), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987). 55 Id. 56 In light of the panel's implicit admission that the result in Elder would have been the same with or without the proclamation of its novel rule, it is tempting to dismiss the rule as mere dicta.
discussed
Cited "see"
Elder v. Holloway
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (the court does not "require of most government officials the kind of legal scholarship normally associated with law professors and academicians"), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987). 27 For these reasons we conclude that the plaintiff in a § 1983 action, who bears the burden of showing that the constitutional right allegedly violated was clearly established at the time of the alleged misconduct, must identify the body of law which proves that the right was so clearly established that a reaso…
discussed
Cited "see"
Elder v. Holloway
See Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986) (the court does not “require of most government officials the kind of legal scholarship normally associated with law professors and academicians”), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Fuller v. Jewelry
See Giles, 746 F.2d at 614 . 83 In 1986, in Ward v. County of San Diego, 791 F.2d 1329 (9th Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987), we reiterated that a blanket policy subjecting all minor offense arrestees to body cavity searches was unconstitutional, and held that the sheriff under whom such searches were performed was not entitled to qualified immunity.
cited
Cited "see"
United States v. Blocker
See generally United States v. Abell, 23 MJ 99, 104 (1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
cited
Cited "see"
Russell v. Coughlin
See Weber v. Dell, 804 F.2d 796, 804 (2d Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Dotson v. Chester
See Weber v. Dell, 804 F.2d 796, 803 (2d Cir.1986) (holding that a state administrative prison code requiring thorough searches did not mandate the sheriff's decision to implement a strip search policy, and, therefore, the county, not the state, was liable), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987). 56 Moreover, the Commission only possesses discretionary authority to order operations to cease at a jail in violation of the mandatory standards.
discussed
Cited "see"
Dotson v. Chester
See Weber v. Dell, 804 F.2d 796, 803 (2d Cir.1986) (holding that a state administrative prison code requiring thorough searches did not mandate the sheriffs decision to implement a strip search policy, and, therefore, the county, not the state, was liable), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
DiLoreto v. Borough of Oaklyn
See Weber v. Dell, 804 F.2d 796 , (2d Cir.1986), ce rt. denied sub no-mine County of Monroe v. Weber, 483 U.S. 1020 [ 107 S.Ct. 3263 , 97 L.Ed.2d 762 ] (1987); Jones v. Edwards, 770 F.2d 739 (8th Cir.1985); Stewart v. County of Lubbock, 767 F.2d 153 (5th Cir.1985), cert. denied, 475 U.S. 1066 [ 106 S.Ct. 1378 , 89 L.Ed.2d 604 ] (1986); Giles v. Ackerman, 746 F.2d 614 (9th Cir.1984), cert. denied, 471 U.S. 1053 [ 105 S.Ct. 2114 , 85 L.Ed.2d 479 ] (1985); Hill v. Bogans, 735 F.2d 391 (10th Cir.1984); Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir.1983); Logan v. Shealy, 660 F.2d 1007 (4…
discussed
Cited "see"
Sandsbury Lee v. Richard L. Dugger
(2×)
See Ward v. County of San Diego, 791 F.2d 1329 (9th Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987) (decision of one state court upholding constitutionality of strip search policy not enough to shield officials from liability.) The Department's interpretation of the law was a reasonable one and the Department was entitled to attempt to persuade the same court that its prior decision was in error. 9 AFFIRMED.
cited
Cited "see"
Ward v. City of San Jose
See Wood, 879 F.2d at 591 , citing Ward v. County of San Diego, 791 F.2d 1329, 1332 (9th Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Johnsen v. Independent School District No. 3
See Eiland v. City of Montgomery, 797 F.2d 953, 957 (11th Cir.1986) (district court reversed for improperly dividing a poem into protected and unprotected stanzas before performing the Pickering balance test), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Johnsen v. Independent School District No. 3 Of Tulsa County
See Eiland v. City of Montgomery, 797 F.2d 953, 957 (11th Cir.1986) (district court reversed for improperly dividing a poem into protected and unprotected stanzas before performing the Pickering balance test), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987). 20 The issue of whether speech involving multiple incidents or subjects should be considered separately in applying the Pickering balancing test arises in a wide spectrum of circumstances.
discussed
Cited "see"
Linda K. Wood v. Steven C. Ostrander Neil Maloney
(2×)
See Ingraham v. Wright, supra, We now consider, in light of Ostrander's qualified immunity defense, whether a reasonable police officer in his position could have believed on September 23, 1984, that his treatment of Wood, as alleged by her, comported with the Constitution even though, assuming the trier of fact accepts Wood's version of the case, it actually did not. 7 To resolve this question, we must "survey the legal landscape" as it existed in September 1984 to determine whether it had been clearly established at that time that Ostrander's alleged conduct violated Wood's liberty interest …
discussed
Cited "see"
George Eng v. Thomas A. Coughlin, Iii, Charles J. Scully, Stephen Adler, Charles Hernandez and Donald Selsky, Charles J. Scully and Stephen Adler, George Eng v. Nathaniel Milligan
See Weber v. Dell, 804 F.2d 796, 803 (2d Cir.1986) (requiring an appropriately direct prior holding by federal courts as a prerequisite to finding "clearly established" rights), cert. denied, --- U.S. ----, 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); see also Anderson v. Creighton, --- U.S. ----, 107 S.Ct. 3034, 3038 , 97 L.Ed.2d 523 (1987); Robison v. Via, 821 F.2d 913, 920 (2d Cir.1987).
discussed
Cited "see"
Eng v. Coughlin
See Weber v. Dell, 804 F.2d 796, 803 (2d Cir.1986) (requiring an appropriately direct prior holding by federal courts as a prerequisite to finding “clearly established” rights), cert. denied, — U.S. -, 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); see also Anderson v. Creighton, — U.S. -, 107 S.Ct. 3034, 3038 , 97 L.Ed.2d 523 (1987); Robison v. Via, 821 F.2d 913, 920 (2d Cir.1987).
cited
Cited "see"
Gomez v. Coughlin
See Weber v. Dell, 804 F.2d 796 (2d Cir.1986), cert. denied, — U.S.-, 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
Flores v. Meese
In Giles , the court held that arrestees charged with minor offenses could be strip searched “only if jail officials possess a reasonable suspicion that the particular arrestee is carrying a concealed weapon or contraband or suffering from a communicable disease.” Id. at 617 ; accord, Ward v. County of San Diego, 791 F.2d 1329 (9th Cir.1986), ce rt. denied, — U.S. —, 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see"
O'BRIEN v. Borough of Woodbury Heights
See Weber v. Bell, 804 F.2d 796 (2d Cir.1986), cert denied sub nom County of Monroe v. Weber, — U.S. -, 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); Jones v. Edwards, 770 F.2d 739 (8th Cir.1985); Stewart v. County of Lubbock, 767 F.2d 153 (5th Cir.1985), cert. denied, 475 U.S. 1066, 106 S.Ct. 1378 , 89 L.Ed.2d 604 ; Giles v. Ackerman, 746 F.2d 614 (9th Cir.1984), ce rt. denied, 471 U.S. 1053 , 105 S.Ct. 2114 , 85 L.Ed.2d 479 ; Hill v. Bogans, 735 F.2d 391 (10th Cir.1984); Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir.1983); Logan v. Shealy, 660 F.2d 1007 (4th Cir.1981), cert. denied, 45…
discussed
Cited "see, e.g."
Terebesi v. Torreso
Even if this Court has not explicitly held a course of conduct to be unconstitutional, we may nonetheless treat the law as clearly established if decisions from this or other circuits “ ‘clearly foreshadow a particular ruling on the issue.’ ” 12 Id. (quoting Varrone v. Bilotti 123 F.3d 75, 79 (2d Cir.1997)); see also Weber v. Dell, 804 F.2d 796 , 801-n. 6, 803-04 (2d Cir.1986) (looking to decisions of other circuits for clearly established law), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see, e.g."
Williams v. TOWN OF SOUTHINGTON
Keenan v. City of Philadelphia, 983 F.2d 459, 468 (3d Cir.1992); See also, Weber v. Dell, 804 F.2d 796 (2d Cir.1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987)(sheriff established county policy by ordering strip searches). *982 In this instance, Williams, allegations that the Board defended its Chief of Police in Williams, prior lawsuit and that the Board subsequently decided to terminate her do not raise an inference that an official policy existed to retaliate against employees for filing such lawsuits.
discussed
Cited "see, e.g."
Phelps v. Hamilton
See also Ward v. County of San Diego, 791 F.2d 1329, 1334 (9th Cir.1986) cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987) (erroneously granted injunction cannot be basis for prevailing party attorney fee award).
cited
Cited "see, e.g."
United States v. Lincoln
See also United States v. Abell, 23 MJ 99 (CMA 1986), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see, e.g."
Green v. Bauvi
See also Weber v. Dell, 804 F.2d 796, 803 (2d Cir.1986) (requiring an appropriately direct prior holding by federal courts as a prerequisite to finding “clearly established” rights), cert. denied 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
discussed
Cited "see, e.g."
Karen Kennedy v. Los Angeles Police Department City of Los Angeles James J. King Stanley A. Schott
After concluding that the Wolfish test could not sustain the search, the court held that “arrestees charged with minor offenses may be subjected to a strip search only if jail officials possess a reasonable suspicion that the individual arrestee is carrying or concealing contraband.” Id. at 617 ; see also Ward v. County of San Diego, 791 F.2d 1329, 1332-33 (9th Cir.1986) (no immunity for public officials who unreasonably subject misdemeanor arrestees to visual body-cavity searches), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); Weber v. Dell, 804 F.2d 796, 802 (2d C…
discussed
Cited "see, e.g."
Karen Kennedy v. Los Angeles Police Department City of Los Angeles James J. King Stanley A. Schott
After concluding that the Wolfish test could not sustain the search, the court held that “arrestees charged with minor offenses may be subjected to a strip search only if jail officials possess a reasonable suspicion that the individual arrestee is carrying or concealing contraband.” Id. at 617 ; see also Ward v. County of San Diego, 791 F.2d 1329, 1332-33 (9th Cir.1986) (no immunity for public officials who unreasonably subject misdemeanor arrestees to visual body-cavity searches), cert. denied, 483 U.S. 1020 , 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987); Weber v. Dell, 804 F.2d 796, 802 (2d C…
discussed
Cited "see, e.g."
Morgan v. Ward
Nonetheless, the lack of “specific authority directly on point” in 1974 and 1975 does not absolutely “preclude a finding that the law was clearly established.” Shabazz, 852 F.2d at 701 ; see also Weber v. Dell, 804 F.2d 796 (2d Cir.1986), cert. denied, — U.S.-, 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
cited
Cited "see, e.g."
United States v. Huitt
See also United States v. Abell, 23 M.J. 99 (C.M.A.1986), cert. denied, — U.S. —, 107 S.Ct. 3263 , 97 L.Ed.2d 762 (1987).
Retrieving the full opinion text from the archive…
County of Monroe
v.
Weber et vir.
v.
Weber et vir.
No. 86-1121.
Supreme Court of the United States.
Jun 26, 1987.
Cited by 24 opinions | Published
Citer courts: Tenth Circuit (1) · S.D. Florida (1)
C. A. 2d Cir. Certiorari denied.