green
Positive treatment
Circuit Split
Quoted verbatim 4×
10.0 score
G Cite
cited 2× by 2 distinct cases, last quoted 1989 ·
…we conclude that the selection and supervision of participants in the federal witness protection program constitute discretionary functions.
⚠ not in text
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986
2006
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited "but see"
Carter v. Buscher
But see Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir.1985) (en banc), cert. denied, 476 U.S. 1115 , 1124, 106 S.Ct. 1970 , 1993, 90 L.Ed.2d 654 (1986) (when an officer improperly beat the suspect-decedent, the officer's improper use of power created the need to use deadly force when the suspect retaliated, and the officer could be held liable for shooting the suspect in spite of the officer's legitimate fear at the time of the shooting)
discussed
Cited "but see"
Carter v. Buscher
But see Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir.1985) (en banc), cert. denied, 476 U.S. 1115 , 1124, 106 S.Ct. 1970 , 1993, 90 L.Ed.2d 654 (1986) (when an officer improperly beat the suspect-decedent, the officer’s improper use of power created the need to use deadly force when the suspect retaliated, and the officer could be held liable for shooting the suspect in spite of the officer's legitimate fear at the time of the shooting).
examined
Cited as authority (quoted)
David Schalk and Ronald T. Smith v. William K. Reilly, Administrator, U.S. Environmental Protection Agency, Sarah E. Frey and People Against the Incinerator (Pati), an Unincorporated Association v. William K. Reilly, in His Official Capacity as Administrator of the United States Environmental Protection Agency
the statutory approach to the problem of hazardous waste is inconsistent with the delay that would accompany pre-enforcement review.... e find in an implicit disapproval of pre-enforcement judicial review.
examined
Cited as authority (quoted)
Schalk v. Reilly
the statutory approach to the problem of haz ardous waste is inconsistent with the delay that would accompany pre-enforcement re-view_ e find in an implicit disapproval of pre-enforcement judicial review.
discussed
Cited as authority (quoted)
Piechowicz v. United States
we conclude that the selection and supervision of participants in the federal witness protection program constitute discretionary functions.
discussed
Cited as authority (quoted)
Cheryl Ann Piechowicz, Individually and as Personal Representative of the Estate of David Scott Piechowicz Sherrie Marie Waldrup, a Minor by Cheryl Ann Piechowicz, Her Mother and Next Friend Melva Kennedy, \To the Use of Walter Piechowicz\" \"To the Use of Florence Piechowicz\" \"To the Use of Reliance Insurance Company\" John I. Kennedy
we conclude that the selection and supervision of participants in the federal witness protection program constitute discretionary functions.
cited
Cited "see"
Henry v. BALLY'S LOUISIANA, INC.
See Brunner v. Maritime Overseas Corporation, 779 F.2d 296, 298 (5th Cir.1986), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1971 , 90 L.Ed.2d 655 (1986).
discussed
Cited "see"
Parfait v. Transocean Offshore, Inc.
(2×)
See Brunner v. Maritime Overseas Corporation, 779 F.2d 296, 298 (5th Cir.1986), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1971 , 90 L.Ed.2d 655 (1986).
discussed
Cited "see"
Parfait v. Transocean Offshore, Inc.
(2×)
See Brunner v. Maritime Overseas Corporation, 779 F.2d 296, 298 (5th Cir.1986), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1971 , 90 L.Ed.2d 655 (1986).
discussed
Cited "see"
Pantel v. Workmen's Circle/Arbetter Ring Branch 281
Generally, the doctrine of exhaustion of administrative remedies requires “ ‘litigants to address their complaints initially to administrative tribunals, rather than to the courts and * * * to exhaust all possibilities of obtaining relief through administrative channels before appealing to the courts’ ” (Young Men’s Christian Assn. v Rochester Pure Waters Dist., 37 NY2d 371, 375 , quoting 2 Cooper, State Administrative Law, at 561; see, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169 , cert denied 476 US 1115 ).
cited
Cited "see"
Cabahug v. Text Shipping Co., Ltd.
See Brunner v. Maritime Overseas Corporation, 779 F.2d 296, 298 (5th Cir.1986), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1971 , 90 L.Ed.2d 655 (1986).
discussed
Cited "see"
Swinehart v. City of Ottawa
In Lavicky v. Burnett, 758 F.2d 468 , 472 n.1 (10th Cir.), cert. denied 474 U.S. 1101 (1985), the court noted that the Parratt bar on § 1983 claims does “not apply to violations of substantive constitutional proscriptions under the Fourth Amendment.” The Parratt court expressly distinguished cases that arise under the Fourth Amendment from those that it held were barred by an adequate state tort remedy. 451 U.S. at 536 ; see Gilmere v. City of Atlanta, Ga., 774 F.2d 1495, 1501-02 (11th Cir. 1985), cert. denied 476 U.S. 1115 (1986) (discussing Parratt and noting that the existence of state…
discussed
Cited "see"
Missildine v. City of Montgomery
See Gilmere v. City of Atlanta, 737 F.2d 894 , 898 n. 8 (11th Cir.1984), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986); Hess v. Eddy, 689 F.2d 977 (11th Cir.1982), cert. denied, 462 U.S. 1118 , 103 S.Ct. 3085 , 77 L.Ed.2d 1347 (1983).
discussed
Cited "see"
State v. Gaines
See United States v. Veillette, 778 F.2d 899, 903 (1st Cir. 1985), cert. denied, 476 U.S. 1115 (1986) (defendant suffered "virtually nonexistent" interference with his possessory interest in his motorcycle shop when police arrested him shortly after its unlawful seizure).
discussed
Cited "see"
Hegarty v. Wright
See United States v. Veillette, 778 F.2d 899 , ___ _____________ ___ _____________ _________ 902 (1st Cir. 1985) (exigency is assessed by viewing "totality" of circumstances), cert. denied, 476 U.S. 1115 (1986). _____ ______ Katherine moved freely about the unilluminated interior of the locked cabin, which contained deadly firearms whose exact number and location were unknown to the officers.
cited
Cited "see"
Hegarty v. Somerset County
See United States v. Veillette, 778 F.2d 899, 902 (1st Cir.1985) (exigency is assessed by viewing “totality” of circumstances), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
discussed
Cited "see"
United States v. Pineda-Paz
See Veillette v. United States, 778 ___ _________ _____________ F.2d 899, 902 (1st Cir. 1985) (trial judge's findings of fact are set aside only if clearly erroneous), cert. denied, _____ ______ 476 U.S. 1115 (1986).
discussed
Cited "see"
United States v. Pineda-Paz
See Veillette v. United States, 778 F.2d 899, 902 (1st Cir. 1985) (trial judge's findings of fact are set aside only if clearly erroneous), cert. denied, 476 U.S. 1115 (1986).
discussed
Cited "see"
Tom v. Voida
Appellant’s Br. at 36-38; see Gilmere v. City of Atlanta, Georgia, 774 F.2d 1495, 1501-1502 (11th Cir.1985) (when officer improperly beat the suspect-decedent and this improper use of official power created need for use of deadly force, officer could be held liable for shooting even if officer had “a moment of legitimate fear”), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 , 476 U.S. 1124 , 106 S.Ct. 1993 , 90 L.Ed.2d 673 (1986).
discussed
Cited "see"
Tom v. Voida
Appellant's Br. at 36-38; see Gilmere v. City of Atlanta, Georgia, 774 F.2d 1495, 1501-1502 (11th Cir.1985) (when officer improperly beat the suspect-decedent and this improper use of official power created need for use of deadly force, officer could be held liable for shooting even if officer had "a moment of legitimate fear"), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 , 476 U.S. 1124 , 106 S.Ct. 1993 , 90 L.Ed.2d 673 (1986).
discussed
Cited "see"
Cox v. County of Suffolk
Robison, 821 F.2d at 924-25 ; see Gilmere v. City of Atlanta, Ga., 774 F.2d 1495, 1500 (11th Cir.1985) (en banc), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986); Massop v. Coughlin, 770 F.2d 299, 301 (2d Cir.1985).
discussed
Cited "see"
Wright v. Sheppard
See Gilmere v. City of Atlanta, 774 F.2d 1495, 1504 (11th Cir.1985) (en banc), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986). 39 Sheriff Sheppard testified, and the district court accepted, that he had heard of some situations in which officers "assisted business persons" in order to prevent civil actions from taking place, for the purpose of keeping the peace and saving the taxpayers' money.
cited
Cited "see"
Wright v. Sheppard
See Gilmere v. City of Atlanta, 774 F.2d 1495, 1504 (11th Cir.1985) (en banc), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
cited
Cited "see"
State v. Storer
See United States v. Veillette, 778 F.2d 899, 903-04 (1st Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
discussed
Cited "see"
Gutierrez v. City of Hialeah
See Gilmere v. City of Atlanta, Ga., 774 F.2d 1495 (11th Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 , 476 U.S. 1124 , 106 S.Ct. 1993 , 90 L.Ed.2d 673 (1986) (holding that supervisors were not liable for the shooting death of suspect where Plaintiff failed to establish that supervisors actually exercised control over the officer in connection with the shooting); Young v. City of Killeen, Tex., 775 F.2d 1349 (5th Cir.), reh’g denied, 778 F.2d 790 (1985) (holding that a police chief was not liable for an officer’s fatal shooting of a drug suspect due to the lack …
cited
Cited "see"
United States v. M. Genzale Plating, Inc.
See Lone Pine Steering Committee v. EPA, 777 F.2d 882 , 886-87 (3d Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986); J.
discussed
Cited "see"
Mario Colin McConney v. The City of Houston, and Lee P. Brown, Individually and in His Official Capacity as Chief of Police of the City of Houston
(2×)
See Brunner v. Maritime Overseas Corp., 779 F.2d 296, 297 (5th Cir.), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1971 , 90 L.Ed.2d 655 (1986).
discussed
Cited "see"
George Washington O'neal, Jr., Cross-Appellees v. Dekalb County, Georgia, Cross-Appellants
(2×)
See Gilmere v. City of Atlanta, 774 F.2d 1495, 1499 (11th Cir.1985) (en banc) (analyzing claim of excessive force under both substantive due process and fourth amendment), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
cited
Cited "see"
Dickerson v. Administrator, Environmental Protection Agency
See Lone Pine Steering Comm. v. EPA, 777 F.2d 882, 886 (3d Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
cited
Cited "see"
James L. Dickerson, Lareeta H. Dickerson and Amtreco, Inc., Plaintiffs v. Administrator, Environmental Protection Agency, United States of America v. James L. Dickerson, Lareeta H. Dickerson and Amtreco, Inc., Defendants
See Lone Pine Steering Comm. v. EPA, 777 F.2d 882 , 886 (3d Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
discussed
Cited "see, e.g."
State v. Barnthouse
See, e.g., LaFrance, 879 F2d at 6 (citing United States v. Veillette, 778 F2d 899, 903 (1st Cir 1985), cert den, 476 US 1115 (1986) (discussing intrusiveness of interference with possessory interest in premises while proprietor was under arrest, but before warrant obtained)).
discussed
Cited "see, e.g."
Blossom View Nursing Home v. Novello
Health Ctr. v Department of Health of State of N.Y., 247 AD2d 136, 151-152 [1998], lv denied 93 NY2d 803 [1999]; see also Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 180-181 [1985], rearg denied 66 NY2d 1035 [1985], cert denied 476 US 1115 [1986]).
discussed
Cited "see, e.g."
Monti v. Chassin
As there is no Statute of Limitations governing the initiation of a disciplinary proceeding (see, Matter of Gold v Chassin, 215 AD2d 18, 20 , lv denied 87 NY2d 805 ), petitioner must demonstrate that she was actually prejudiced by the claimed delay in order to prevail on her claim (see, Matter of Hubsher v DeBuono, 232 AD2d 764, 765 ; Matter of Moss v Chassin, 209 AD2d 889, 890 , lv denied 85 NY2d 805 , cert denied 516 US 861 ; see also, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 180 , cert denied 476 US 1115 ).
discussed
Cited "see, e.g."
Albritten v. Dougherty County, Ga.
See also Gilmere v. City of Atlanta, 774 F.2d 1495, 1501 (11th Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986) (officers liable if a .beating occurs “with little or no provocation” and “the blows were not delivered in good faith effort to control ..., but rather out of irritation”); Sweatt, supra, 876 F.Supp. at 1577 (“malicious and summarily punitive infliction of harm transgressed clear constitutional bounds — indeed, bounds so broadly recognized and accepted as to have been incorporated into most of the primary constitutional provisions constraini…
discussed
Cited "see, e.g."
United States v. Santiago
See also United States v. Veillette, 778 F.2d 899, 904 (1st Cir.1985) (explaining that a court must set aside the misstatements and analyze whether the remainder of the affidavit supports a finding of probable cause), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
cited
Cited "see, e.g."
Estate of Saldana ex rel. Saldana v. Weitzel
Compare Gilmere v. City of Atlanta, 774 F.2d 1495 (11th Cir.1985) cert. denied 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
discussed
Cited "see, e.g."
Corning Glass Works v. Ovsanik
They exist for the benefit of complainants and should not be used to oust DHR of jurisdiction and shelter those charged with violating the statute unless there is a showing of substantial actual prejudice attributable to the delay (see, Matter of Harris & Assocs. v deLeon, at 703, supra; Sarkisian, 48 NY2d, at 818 , supra; Union Free School Dist., 35 NY2d, at 380-381 , supra; see also, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 177-178 , cert denied 476 US 1115 ).
discussed
Cited "see, e.g."
Mike Yang v. Paul Hardin
See, e.g., Gilmere v. City of Atlanta, 774 F.2d 1495,1500-02 (11th Cir.1985) (police liable under § 1983 on substantive due process theory for using excessive police force against decedent), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986); Mathis v. Parks, 741 F.Supp. 567, 570 (E.D.N.C.1990) (Fourth Amendment seizure occurs when government actors restrain *285 liberty of citizen by means of physical force or show of authority).
discussed
Cited "see, e.g."
Mckinney v. Pate
See, e.g., Gilmere v. City of Atlanta, 774 F.2d 1495 , 1511 n. 21 (11th Cir.1985) (en banc) (Tjoflat, J., concurring in part and dissenting in part), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986) In Rochin, a convicted defendant claimed that his right to a fair trial was violated because improperly seized evidence--evidence seized in a fashion that would "shock the conscience"--was admitted at trial against him.
discussed
Cited "see, e.g."
McKinney v. Pate
See, e.g., Gilmere v. City of Atlanta, 774 F.2d 1495 , 1511 n. 21 (11th Cir.1985) (en banc) (Tjoflat, J., concurring in part and dissenting in part), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986). 1068 In Rochin, a convicted defendant claimed that his right to a fair trial was violated because improperly seized evidence-evidence seized in a fashion that would "shock the ccinscience"-was admitted at trial against him.
discussed
Cited "see, e.g."
Doe v. St. Clare's Hospital & Health Center
(Young Men’s Christian Assn. v Rochester Pure Waters Dist., 37 NY2d 371, 375 ; see also, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 180 , cert denied 476 US 1115 .) Thus, absent extraordinary circumstances, courts are constrained not to interject themselves into ongoing administrative proceedings until final resolution of those proceedings before the agency.
discussed
Cited "see, e.g."
United States v. Ralph H. Carty
(2×)
See Franks, 438 U.S. at 156 , 98 S.Ct. at 2676 ; see also United States v. Veillette, 778 F.2d 899, 904 (1st Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986) (search warrant valid where supporting affidavit established probable cause independently of false statement). .
discussed
Cited "see, e.g."
United States v. Carty
See Franks, 438 U.S. at 156 ; see also United States v. Veillette, 778 F.2d 899, 904 (1st Cir. 1985), cert. denied, 476 U.S. 1115 (1986) (search warrant valid where support- ing affidavit established probable cause independently of false statement). 7The district court responded: I am trying to give you as much leeway as you want to attack the man's credibility.
discussed
Cited "see, e.g."
United States v. Carty
See Franks, 438 U.S. at 156 ; see also United ___ ______ ___ ____ ______ States v. Veillette, 778 F.2d 899, 904 (1st Cir. 1985), cert. ______ _________ _____ denied, 476 U.S. 1115 (1986) (search warrant valid where support- ______ ing affidavit established probable cause independently of false statement). 7The district court responded: I am trying to give you as much leeway as you want to attack the man's credibility.
discussed
Cited "see, e.g."
Sharma v. Sobol
Because the passage of approximately four years following petitioner’s alleged commission of the acts forming the basis for specifications 3 and 6 deprived nurse C of the ability to testify with reasonable certainty as to the statements actually made by petitioner (see, Conley v Gravitt, supra, at 967-968), it is our view that actual prejudice has resulted from the delay in commencement of the proceedings (see, State Administrative Procedure Act § 301 [1]; compare, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 177 , cert denied 476 US 1115 ; Matter of Matala v Board of Regents, 1…
discussed
Cited "see, e.g."
Commonwealth v. Lee
Compare United States v. Veillette, 778 F.2d 899, 901-903 (1st Cir. 1985), cert. denied, 476 U.S. 1115 (1986); Commonwealth v. Hall, 366 Mass. at 802-803 ; Commonwealth v. Huffman, 385 Mass. at 123-124, 125-126 .
discussed
Cited "see, e.g."
Barmet Aluminum Corp. v. Reilly
Compare Aminoil, Inc. v. EPA, 599 F.Supp. 69, 72 (C.D.Cal.1984) (finding subject matter jurisdiction) and SCA Serv. of Indiana, Inc. v. Thomas, 634 F.Supp. 1355, 1359 (N.D.Ind.1986) with Lone Pine Steering Comm. v. EPA, 600 F.Supp. 1487 (D.N.J.1985) (holding that there was no subject matter jurisdiction), aff 'd, 777 F.2d 882 (3d Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986).
discussed
Cited "see, e.g."
Barmet Aluminum Corporation v. Reilly
Compare Aminoil, Inc. v. EPA, 599 F.Supp. 69, 72 (C.D.Cal.1984) (finding subject matter jurisdiction) and SCA Serv. of Indiana, Inc. v. Thomas, 634 F.Supp. 1355, 1359 (N.D.Ind.1986) with Lone Pine Steering Comm. v. EPA, 600 F.Supp. 1487 (D.N.J.1985) (holding that there was no subject matter jurisdiction), aff'd, 777 F.2d 882 (3d Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986). 21 Our circuit, in J.V.
discussed
Cited "see, e.g."
Rojas v. Sobol
However, neither the Statute of Limitations nor the doctrine of laches apply to disciplinary proceedings and, absent proof of actual prejudice, mere delay is not the basis for annulling a determination in a disciplinary hearing (see, Matter of Wolf v Ambach, 95 AD2d 877 ; see also, Matter of Cortlandt Nursing Home v Axelrod, 66 NY2d 169, 177 , cert denied 476 US 1115 ; Matter of Ambrosio v State Div. of Human Rights, 144 AD2d 662 ).
discussed
Cited "see, e.g."
Barmet Aluminum Corp. v. Thomas
Compare, e.g., Lone Pine Steering Comm. v. EPA, 600 F.Supp. 1487 (D.N.J.1985) (holding that such challenges were barred), aff'd, 777 F.2d 882 (3d Cir.1985), cert. denied, 476 U.S. 1115 , 106 S.Ct. 1970 , 90 L.Ed.2d 654 (1986), with SCA Services of Indiana v. Thomas, 634 F.Supp. 1355 (N.D.Ind.1986) (holding that some challenges could be allowed).
Retrieving the full opinion text from the archive…
Lone Pine Steering Committee
v.
United States Environmental Protection Agency
v.
United States Environmental Protection Agency
No. 85-1389.
Supreme Court of the United States.
May 19, 1986.
476 U.S. 1115
Published
Citer courts: Seventh Circuit (2)
C. A. 3d Cir. Certiorari denied.