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“sjtrong policies compel courts 'to allow the widest possible latitude to the armed services in their administration of personnel matters.' sanders v. united states, 594 f.2d 804, 813 , 219 ct.cl. 285 (1979).”
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 42 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
United States v. Larry Harris
predisposition ... is, by definition, the defendant's state of mind before his initial exposure to governmental agents.
examined
Cited as authority (quoted)
Gerald F. Arens v. The United States
sjtrong policies compel courts 'to allow the widest possible latitude to the armed services in their administration of personnel matters.' sanders v. united states, 594 f.2d 804, 813 , 219 ct.cl. 285 (1979).
cited
Cited "see"
Oliver, III v. United States of America
See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988), cert. denied, 488 U.S. 941 (1988); Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963).
cited
Cited "see"
Oliver, III v. United States of America
See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988), cert. denied, 488 U.S. 941 (1988); Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963).
cited
Cited "see"
Bonneau v. United States of America
See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir.), cert. denied, 488 U.S. 941 (1988); Weller v. Dickson, 314 F.2d 598, 600 (9th Cir.), cert. denied, 375 U.S. 845 (1963).
cited
Cited "see"
Gilliard v. Bb&t Bank
See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir.), cert. denied, 488 U.S. 941 (1988); Weller v. Dickson, 314 F.2d 598, 600 (9th Cir.), cert. denied, 375 U.S. 845 (1963).
discussed
Cited "see"
Watson v. Mukasey
See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988), cert. denied, 488 U.S. 941 (1988); Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). “[C]ourts will generally look to whether the person is employed, the person’s annual salary, and any other property or assets the person may possess.” Schneller v. Prospect Park Nursing and Rehab.
discussed
Cited "see"
Ficken v. Golden
See Prows v. Kastner, 842 F.2d 138, 140 (5th Cir.), cert. denied, 488 U.S. 941 (1988); Weller v. Dickson, 314 F.2d 598, 600 (9th Cir.), cert. denied, 375 U.S. 845 (1963). “[C]ourts will generally look to whether the person is employed, the person’s annual salary, and any other property or assets the person may possess.” Schneller v. Prospect Park Nursing and Rehab.
discussed
Cited "see"
Flowers v. United States
See Voge v. United States, 844 F.2d 776, 781-82 (Fed.Cir.) (vacating the portion of a court order reviewing servicewoman’s service records because correction of service records was not “incident of and collateral to” an award of additional special pay), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988); see also Carman v. United States, 221 Ct.Cl. 165 , 602 F.2d 946, 949 (1979) (holding that there must be a “sufficient nexus” between the money and the equitable claim for the Claims Court to consider an equitable claim).
discussed
Cited "see"
DeGroat v. Townsend
Moehl v. United States, 34 Fed.Cl. 682, 688 (1996); see Voge v. United States, 844 F.2d 776, 780 (Fed.Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988); Lee v. United States, 32 Fed.Cl. 530, 538-39 (1995)(quoting Murphy, 993 F.2d at 873.).
discussed
Cited "see"
Ricks v. United States
More recently, in Roth v. United States, 378 F.3d 1371, 1394 (Fed.Cir.2004), the Federal Circuit reversed the Court of Federal Claims’ decision voiding Plaintiffs nonseleetion for promotion and ordering him reinstated with back pay retroactively, stating that the court “went too far.” See also Chisolm v. United States, 65 Fed.Cl. 497, 499 (2005) (“[T]his court does not have the authority to void Chisolm’s promotion nonselections and retirement, and then award back pay and allowances at this stage.”); accord Voge v. United States, 844 F.2d 776, 782 (Fed.Cir. 1988), cert. denied, 488…
cited
Cited "see"
Fairbrother v. Connecticut, Department of Mental Health & Addiction Services
See Loudermill v. Cleveland Bd. Of Educ., 488 U.S. 941 , 109 S.Ct. 363 , 102 L.Ed.2d 353 (1988). 5 .
discussed
Cited "see"
Gavin v. United States
See Voge v. United States, 844 F.2d 776 (Fed.Cir.1988), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988) (holding that claims for special professional pay and retroactive promotion are nonjusticiable).
discussed
Cited "see"
Augustin S. James v. Louis Caldera, Secretary of the Army and Philip J. Schrock
(2×)
See Voge v. United States, 844 F.2d 776, 781 (Fed.Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988).
discussed
Cited "see"
Hodges v. United States
See Voge v. United States, 844 F.2d 776, 780 (Fed.Cir.1988) (citations omitted), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988) (holding that “[a] controversy is ‘justiciable’ only if it is ‘one which the courts can finally and effectively decide under tests and standards which they can soundly administer within their special field of competence’”).
discussed
Cited "see"
United States v. George David McManus
See United States v. Archer, 840 F.2d 567, 572 (8th Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 364 , 102 L.Ed.2d 354 (1988) (holding that no seizure occurred when officers merely approached defendant and requested identification since officers did not use coercive tactics, display weapons, or physically restrain defendant).
discussed
Cited "see"
United States v. George David McManus
See United States v. Archer, 840 F.2d 567, 572 (8th Cir.), cert. denied, 488 U.S. 941 (1988) (holding that no seizure occurred when officers merely approached defendant and requested identification since officers did not use coercive tactics, display weapons, or physically restrain defendant).
discussed
Cited "see"
Robert J. SADDLER, Petitioner, v. DEPARTMENT OF the ARMY, Respondent
See Voge v. United States, 844 F.2d 776, 779 (Fed.Cir.) (“It has long been established that government officials must follow their own regulations, even if they were not compelled to have them at all_”), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988).
cited
Cited "see"
United States v. Charles Stephen Martin
See United States v. Archer, 840 F.2d 567, 574 (8th Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 364 , 102 L.Ed.2d 354 (1988).
discussed
Cited "see"
James G. Law v. United States
See Voge v. United States, 844 F.2d 776, 782 (Fed.Cir.), cert. denied 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988) ("strong policy reasons compel courts 'to allow the widest possible latitude to the armed services in their administration of personnel matters.’ ... absent a statute or regulation entitling a service member to a promotion as a matter of law, the Claims Court has no authority to entertain” a claim for a promotion) (citations omitted).
discussed
Cited "see"
United States v. Millan-Colon
See United States v. Monsanto, 852 F.2d 1400 (2d Cir.), cert. granted, 488 U.S. 941 , 109 S.Ct. 363 , 102 L.Ed.2d 353 (1988), rev'd, 491 U.S. 600 , 109 S.Ct. 2657 , 105 L.Ed.2d 512 (1989), on remand, 924 F.2d 1186 (2d Cir.), cert. denied, — U.S. —, 112 S.Ct. 382 , 116 L.Ed.2d 333 (1991).
discussed
Cited "see"
Dyer v. Sheldon
See Warren v. City of Lincoln, supra. “Probable cause exists where the facts and circumstances within the arresting officers’ knowledge are sufficient to warrant a prudent person in believing that the suspect had committed or was committing 'an offense.” United States v. Archer, 840 F.2d 567, 573 (8th Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 354 (1988); see also, Beck v. Ohio, 379 U.S. 89, 91 , 85 S.Ct. 223, 224 , 13 L.Ed.2d 142 (1964); United States v. Wajda, 810 F.2d 754, 758 (8th Cir.), cert. denied, 481 U.S. 1040 , 107 S.Ct. 1981 , 95 L.Ed.2d 821 (1987).
discussed
Cited "see"
United States v. Gary L. Dodge
Id. 33 This court has also identified the presence or absence of reluctance to engage in criminal activity as "[t]he most important factor in determining the lack of predisposition...." United States v. McLernon, 746 F.2d 1098, 1113 (6th Cir.1984); accord United States v. Silva, 846 F.2d 352, 355 (6th Cir.), cert. denied, 488 U.S. 941 (1988).
discussed
Cited "see"
United States v. George W. Lowry, III
See Whitney v. Brown, 882 F.2d 1068, 1071 (6th Cir.1989), and Loudermill v. Cleveland Bd. of Educ., 844 F.2d 304 , 308 (6th Cir.), cert. denied, 488 U.S. 941 and 488 U.S. 946 (1988). 31 In United States v. Martin, 920 F.2d 393 (6th Cir.1991), the defendant argued that the agent-affiant "never told the magistrate that his principal informant ... was a person whose veracity was open to serious question." Id. at 398 .
cited
Cited "see"
United States v. James A. McKines
See United States v. Archer, 840 F.2d 567, 571 (8th Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 364 , 365, 102 L.Ed.2d 354 (1988).
cited
Cited "see"
Heil Co. v. Snyder Industries, Inc.
See Loudermill v. Cleveland Bd. of Educ., 844 F.2d 304 , 309 (6th Cir.1988), ce rt. denied 488 U.S. 941 , 109 S.Ct. 363 , 102 L.Ed.2d 353 (1988).
discussed
Cited "see"
United States v. Greg Moore
(2×)
See United States v. Silva, 846 F.2d 352, 354-55 (6th Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 354 (1988).
discussed
Cited "see, e.g."
Stein v. United States
Additionally, the court does not sit as “a super correction board.” Skinner v. United States, 219 Ct.Cl. at 331 , 594 F.2d at 830 ; see also Voge v. United States, 844 F.2d 776, 782 (Fed.Cir.) (The “court does not function as ‘a sort of super Correction Board.’” (quoting Reale v. United States, 208 Ct.Cl. 1010 , 1013, 529 F.2d 533 , cert. denied, 429 U.S. 854 , 97 S.Ct. 148 , 50 L.Ed.2d 129 (1976))), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988).
discussed
Cited "see, e.g."
O'Brien v. United States
The court may also order the correction of military records “as an incident of and collateral to” an award of monetary damages. 28 U.S.C. § 1491 (a)(2); see also Voge v. United States, 844 F.2d 776, 781 (Fed.Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988).
discussed
Cited "see, e.g."
McClellan v. United States
The court does not sit as “a super correction board.” Skinner v. United States, 219 Ct.Cl. at 331 , 594 F.2d at 830 ; see also Voge v. United States, 844 F.2d 776, 782 (Fed.Cir.) (The “court does not function as ‘a sort of super Correction Board.’ ” (quoting Reale v. United States, 208 Ct.Cl. 1010 , 1013, 529 F.2d 533 , cert. denied, 429 U.S. 854 , 97 S.Ct. 148 , 50 L.Ed.2d 129 (1976))), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988).
discussed
Cited "see, e.g."
Reeves v. United States
See also Voge v. United States, 844 F.2d 776, 781 (Fed.Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988); Walker v. United States, 40 Fed.Cl. 666, 670 (1998); Sanford, 32 Fed.Cl. at 365 . .
discussed
Cited "see, e.g."
Christie Thomas and Scott Fisher v. Gregory Dickel, Joseph Leo, and City of Des Moines, Iowa
(2×)
See, e.g., United States v. Archer, 840 F.2d 567 , 572 n.2 (8th Cir.) ("[i]n considering whether sufficient reasonable suspicion existed to justify a seizure, we will evaluate the circumstances known to [the officer] at the earliest point at which a seizure could be said to have occurred"), cert. denied, 488 U.S. 941 (1988).
discussed
Cited "see, e.g."
Christie A. Thomas v. Gregory Dickel
See, e.g., United States v. Archer, 840 F.2d 567 , 572 n.2 (8th Cir.) ("[i]n considering whether sufficient reasonable suspicion existed to justify a seizure, we will evaluate the circumstances known to [the officer] at the earliest point at which a seizure could be said to have occurred"), cert. denied, 488 U.S. 941 (1988).
discussed
Cited "see, e.g."
Randall v. United States
As the United States Court of Appeals for the Federal Circuit recently recognized in a case factually similar to the instant case, a plaintiffs “prayer that the Court of Federal Claims direct the Secretary to promote him to the rank of colonel plainly was a request for impermissible ‘interfer[ence] with legitimate Army matters.’ Courts will not interject themselves into the promotion process.” Adkins, 68 F.3d at 1324 (quoting Orloff v. Willoughby, 345 U.S. 83, 94 , 73 S.Ct. 534, 540 , 97 L.Ed. 842 (1953)); see also Voge v. United States, 844 F.2d 776, 780 (Fed.Cir.) (“This is like th…
discussed
Cited "see, e.g."
Randall v. United States
As the United States Court of Appeals for the Federal Circuit recently recognized in a case factually similar to the instant case, a plaintiff's "prayer that the Court of Federal Claims direct the Secretary to promote him to the rank of colonel plainly was a request for impermissible 'interfer[ence] with legitimate Army matters.' Courts will not interject themselves into the promotion process." Adkins, 68 F.3d at 1324 (quoting Orloff v. Willoughby, 345 U.S. 83, 94 , 73 S.Ct. 534, 540 , 97 L.Ed. 842 (1953)); see also Voge v. United States, 844 F.2d 776, 780 (Fed.Cir.) ("This is like thousands o…
cited
Cited "see, e.g."
Commonwealth v. Eddie D. Johnson
Id. at 554 n.6, 100 S. Ct. at 1877 n.6; see also United States v. Archer, 840 F.2d 567, 572 (8th Cir.), cert. denied, 488 U.S. 941 , 109 S. Ct. 365 , 102 L.Ed.2d 354 (1988).
discussed
Cited "see, e.g."
Burton v. United States
See, e.g., United States v. Archer, 840 F.2d 567, 573 (8th Cir.) (defendant verbally consented to search while refusing to execute a written consent form), cert. denied, 488 U.S. 941 , 109 S.Ct. 364 , 365, 102 L.Ed.2d 354 (1988); State v. Luther, 63 Or.App. 86 , 663 P.2d 1261, 1263 (1983) (en banc) (although defendant closed door to his room, there was no "express revocation” where defendant “tried to open door himself, told a police officer that his mother had a key and made no objection to the police obtaining the key or opening the door”), aff'd, 296 Or. 1 , 672 P.2d 691 , 672 P.2d 69…
discussed
Cited "see, e.g."
Calvin Kuhlman, and Ernest Huertas v. Seattle Housing Authority Seattle Housing Authority, a Body Corporate and Politic Harry Thomas, Individually and as Executive Director of Seattle Housing Authority Gloria Terjung, Individually as Personal Manager of Seattle Housing Authority Marlaina Kiner, Individually and as an Employee of Seattle Housing Authority Fred Kay, Individually and as an Employee of Seattle Housing Authority Ron Judd, Individually and as a Member of the Seattle/king County Building and Trades Council Pat Deminko, Individually and as a Member of the Seattle/king County Building and Trades Council John 1-5 Does Jane 1-5 Does, Ernest E. Huertas v. Seattle Housing Authority Seattle Housing Authority, a Body Corporate and Politic Harry Thomas, Individually and as Executive Director of Seattle Housing Authority Gloria Terjung, Individually as Personal Manager of Seattle Housing Authority Marlaina Kiner, Individually and as an Employee of Seattle Housing Authority Fred Kay, Individually and as an Employee of Seattle Housing Authority Ron Judd, Individually and as a Member of the Seattle/king County Building and Trades Council Pat Deminko, Individually and as a Member of the Seattle/king County Building and Trades Council John 1-5 Does Jane 1-5 Does
See Loudermill, 470 U.S. at 545-46 , 105 S.Ct. at 1495 ; see also Loudermill v. Cleveland Bd. of Educ., 844 F.2d 304 , 310-11 (6th Cir.) (in further proceedings after remand from the Supreme Court, the court determined that a meeting with the supervisor and four days to respond was sufficient due process), cert. denied, 488 U.S. 941 , 109 S.Ct. 363 , 102 L.Ed.2d 353 (1988).
discussed
Cited "see, e.g."
Medicare & Medicaid Guide P 41,325 United States of America v. Clyde D. Brown Sharon Brown and Clyde D. Brown, M.D. And Associates, Inc.
See, e.g., Loudermill v. Cleveland Bd. of Educ., 844 F.2d 304 , 308 (6th Cir.), cert. denied, 488 U.S. 941 , 946, 109 S.Ct. 363 , 377, 102 L.Ed.2d 353 , 365 (1988). 18 U.S.C. § 1345 , sometimes referred to as the fraud injunction statute, came into existence as part of the Comprehensive Crime Control Act of 1984, Pub.L.
discussed
Cited "see, e.g."
Wilson v. United States
See, e.g., Voge v. United States, 844 F.2d 776 (Fed.Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988) (holding that the Claims Court has jurisdiction to review the procedural regularity of personnel decisions made by the military).
discussed
Cited "see, e.g."
Bettio v. Village of Northfield
See also Loudermill v. Cleveland Board of Education, 844 F.2d 304, 311-12 (6th Cir.1988), cert. denied 488 U.S. 941 , 109 S.Ct. 363 , 102 L.Ed.2d 353 (1988) (due process satisfied where employee is given notice of the charges, sees the evidence against him, and is given an opportunity to respond); Sutton v. Cleveland Board of Education, 726 F.Supp. 657, 659-60 (N.D.Ohio 1989), appeal dismissed 886 F.2d 330 (1989).
cited
Cited "see, e.g."
Ltc. John F. Mitchell v. The United States
See, e.g., Voge v. U.S., 844 F.2d 776 (Fed.Cir.), cert. denied, 488 U.S. 941 , 109 S.Ct. 365 , 102 L.Ed.2d 355 (1988).
Retrieving the full opinion text from the archive…
Kentucky West Virginia Gas Co.
v.
Pennsylvania Public Utility Commission
v.
Pennsylvania Public Utility Commission
No. 88-94.
Supreme Court of the United States.
Nov 7, 1988.
488 U.S. 941
Published
Citer courts: Sixth Circuit (1) · Federal Circuit (1)
C. A. 3d Cir. Certiorari denied.