green
Positive treatment
Quoted verbatim 3×
13.3 score
“as distinguished from its procedural cousin ... a substantive due process inquiry focuses on 'what' the government has done, as opposed to 'how and when' the government did it.”
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992
2009
2026
Top citers, strongest first. 36 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Padberg v. McGrath-McKechnie
as distinguished from its procedural cousin ... a substantive due process inquiry focuses on 'what' the government has done, as opposed to 'how and when' the government did it.
discussed
Cited as authority (quoted)
Taylor v. Rhode Island Department of Corrections
he proper focus must be on the manner in which the state has acted: 'how and when' the alleged deprivation was effected.
examined
Cited as authority (quoted)
Lyons v. City of Lewiston
(2×)
e must determine whether defendants reasonably should have comprehended that their specific actions transgressed those 'clearly established' rights.
discussed
Cited "see"
Deneen v. Ashley
See Amsden v. Moran, 904 F.2d 748, 753 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991), quoting Zinermon v. Burch, 494 U.S. 113, 125 (1990) (“ ‘procedural due process’ is simply ‘a guarantee of fair procedure’ ”).
discussed
Cited "see"
Kennie v. Natural Resource Department
See Amsden v. Moran, 904 F.2d 748, 753 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991), quoting Zinermon v. Burch, 494 U.S. 113, 125 (1990) (“ ‘procedural due process’ is simply ‘a guarantee of fair procedure’ ”).
discussed
Cited "see"
Black v. Commonwealth
(2×)
See Kucharek v. Hanaway, 902 F.2d 513, 517 (7th Cir. 1990), cert. denied, 498 U.S. 1041 (1991).
cited
Cited "see"
Mark G. v. Sabol
See, Amsden v Moran, 904 F2d 748, 753 (1st Cir), cert denied 498 US 1041 . 4 .
cited
Cited "see"
Aubuchon v. Massachusetts ex rel. State Building Code Appeals Board
See Amsden v. Moran, 904 F.2d 748, 754 (1st Cir.1990), ce rt. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991).
cited
Cited "see"
Aubuchon v. MASS. BUILD. CODE APPELS BD.
See Amsden v. Moran, 904 F.2d 748, 754 (1st Cir. 1990), cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991).
discussed
Cited "see"
Wilfredo Martinez, A/K/A Wilfredo Martinez Rodriguez v. Rafael Colon, A/K/A Rafael Colon Pizarro
(2×)
In mounting this inquiry, courts may neither require that state actors faultlessly anticipate the future trajectory of the law, see Crooker, 5 F.3d at 585 (noting that a state actor is not "expected to carry a crystal ball"), nor permit claims of qualified immunity to turn on the eventual outcome of a hitherto problematic constitutional analysis, see, e.g., Collins v. Marina-Martinez, 894 F.2d 474, 478 (1st Cir.1990) (recognizing that "a plaintiff who is entitled to prevail on the merits is not necessarily entitled to prevail on the issue of qualified immunity"); accord Amsden v. Moran, 904 F.…
discussed
Cited "see"
Martinez-Rodriguez v. Rivera-Ramos
In mounting this inquiry, courts may neither require that state actors faultlessly anticipate the future trajectory of the law, see Crooker, 5 F.3d at 585 (noting that a state actor is not "expected to carry a crystal ball"), nor permit claims of qualified immunity to turn on the eventual outcome of a hitherto problematic constitutional analysis, see, e.g., Collins v. Marina-Martinez, 894 F.2d 474, 478 (1st Cir. 1990) (recognizing that "a plaintiff who is entitled to prevail on the merits is not necessarily entitled to prevail on the issue of qualified immunity"); accord Amsden v. Moran, 904 F…
discussed
Cited "see"
Martinez-Rodriguez v. Rivera-Ramos
In mounting this inquiry, courts may neither require that state actors faultlessly anticipate the future trajectory of the law, see Crooker, 5 F.3d at 585 (noting that a state actor is not ___ _______ "expected to carry a crystal ball"), nor permit claims of qualified immunity to turn on the eventual outcome of a hitherto problematic constitutional analysis, see, e.g., Collins v. ___ ____ _______ Marina-Martinez, 894 F.2d 474, 478 (1st Cir. 1990) (recognizing _______________ that "a plaintiff who is entitled to prevail on the merits is not necessarily entitled to prevail on the issue of qualif…
discussed
Cited "see"
United States v. Joaquin Osvaldo Gallo-Chamorro
United States v. Powell, 469 U.S. 57 , 105 S.Ct. 471 , 83 L.Ed.2d 461 (1984) (that a jury reaches what might be construed as inconsistent verdicts is not an adequate ground for reversal); see United States v. Hope, 901 F.2d 1013 , 1020 n. 12 (11th Cir.1990), cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991). 7 .
cited
Cited "see"
Smith v. State of NH Bd. of Licensure
See Amsden v. Moran, 904 F.2d 748, 753-58 (1st Cir.), mot, denied, 498 U.S. 936 (1990), cert, denied, 498 U.S. 1041 (1991).
discussed
Cited "see"
Freeman v. Planning Board
(2×)
also: Cited "see, e.g."
See Amsden v. Moran, 904 F.2d 748, 753-754 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991) (discussing the distinction between procedural and substantive due process claims).
cited
Cited "see"
Supreme Video, Inc. v. Steven Schauz, James Thome, and One or More John Does
See Kucharek v. Hanaway, 902 F.2d 513, 515 (7th Cir.1990), cert. denied 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991).
cited
Cited "see"
Anyon v. Mach
See Amsden v. Moran 904 F.2d 748, 754 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991).
discussed
Cited "see"
Anyon v. Mach
See Amsden v. Moran 904 F.2d 748 , ___ ______ _____ 754 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991). ____ ______ Moreover, the state is not prohibited from making this revision by the fact that it extinguished any liberty interest Anyon may have had under the prior rules for short- term release.
cited
Cited "see"
Roger D. Anyon v. Leonard MacH
See Amsden v. Moran 904 F.2d 748, 754 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991).
cited
Cited "see"
Martel v. Fridovich
See Amsden v. Moran 904 F.2d 748, 754 (1st Cir.1990), cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991).
discussed
Cited "see"
Martel v. Fridovich
See Amsden v. Moran 904 F.2d ___ ______ _____ 748, 754 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991). ____ ______ Since Martel concedes that he does not meet the eligibility requirements of the revised rules, he does not have any state created liberty interest in short-term release which would implicate the federal right to procedural due process.
discussed
Cited "see"
United States v. Ann W. McRee Joseph H. Hale
(2×)
See United States v. Hope, 901 F.2d 1013, 1019-20 (11th Cir.1990) (affirming a conviction under section 641 after finding that the government retained sufficient supervision and control over federal funds, which the defendant diverted after the government transferred the funds to Dade County for use in community development projects), cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991); United States v. Smith, 596 F.2d 662, 664 (5th Cir.1979) (affirming a conviction under section 641 after finding that the government maintained sufficient supervision and control over the funds…
discussed
Cited "see"
United States v. James Dean Downs
See id. at 1042. 27 Downs contends that the district court's use of the term "incorrigible" was an improper basis for departure since concerns about a defendant's recidivism are already factored into the calculation of criminal history points.
examined
Cited "see"
United States v. Ann W. McRee Joseph H. Hale
(4×)
See United States v. Hope, 901 F.2d 1013, 1019-20 (11th Cir.1990) (per curiam) (funds transferred to Dade County that were to be used to fund community development projects remained government property because they were subject to government control), application and cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991); United States v. McIntosh, 655 F.2d 80, 84 (5th Cir.1981) (grant transferred to closing attorney by Farmers Home Administration that was to be used to satisfy grantee's debts remained government property because the government retained control over the use of th…
cited
Cited "see"
In Re Nineteen Appeals Arising Out of the San Juan Dupont Plaza Hotel Fire Litigation
See Amsden v. Moran, 904 F.2d 748, 753 (1st Cir.1990), cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991); Needleman v. Bohlen, 602 F.2d 1, 5 (1st Cir.1979).
discussed
Cited "see"
R. A. v. v. City of St. Paul
(2×)
See Kucharek v. Hanaway, 902 F. 2d 513, 517 (CA7 1990), cert. denied, 498 U. S. 1041 (1991).
discussed
Cited "see, e.g."
Valenca v. Town of Milford
Commonwealth v. Brown, 426 Mass. 475, 480 (1998); See also Amsden v. Moran, 904 F.2d 748, 753 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991) (“As the rubric itself implies, procedural due process is simply a guarantee of fair procedure” (citations omitted)).
discussed
Cited "see, e.g."
Zahra v. Town Of Southold
We will assume for purposes of our analysis that Zahra's entitlement to substantive due process based on the building permit was "clearly established." See Natale, 927 F.2d at 105 ("The threshold issue in determining the applicability of [the] qualified immunity defense is whether [the plaintiffs] had a 'clearly established right' to the permits at issue."); see also Amsden v. Moran, 904 F.2d 748, 752 (1st Cir.1990) (defendants conceded that revocation of land surveying license constituted deprivation of a property interest sufficient to clearly establish entitlement to due process), cert. den…
discussed
Cited "see, e.g."
Zahra v. Town of Southold
We will assume for purposes of our analysis that Zahra’s entitlement to substantive due process based on the building permit was “clearly established.” See Natale, 927 F.2d at 105 (“The threshold issue in determining the applicability of [the] qualified immunity defense is whether [the plaintiffs] had a ‘clearly established right’ to the permits at issue.”); see also Amsden v. Moran, 904 F.2d 748, 752 (1st Cir.1990) (defendants conceded that revocation of land surveying license constituted deprivation of a property interest sufficient to clearly establish entitlement to due proce…
discussed
Cited "see, e.g."
United States v. William E. Nidiffer
See, e.g., United States v. Christoph, 904 F.2d 1036 (6th Cir.1990), cert. denied 498 U.S. 1041 (1991) (17 points); United States v. Bennett, 975 F.2d 305 (6th Cir.1992) (21 points); United States v. Carr, 5 F.3d 986 (6th Cir.1993) (20 points).
cited
Cited "see, e.g."
Creamer v. Sceviour
Sullivan v. Carrick, 888 F.2d 1, 3 (1st Cir.1989); see also Amsden v. Moran, 904 F.2d 748, 752 (1st Cir.), cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1990).
discussed
Cited "see, e.g."
United States v. Lawrence C. Duso, Susan C. Duso, Michael A. Mercier
See U.S.S.G. § 4A1.3; see, e.g., United States v. Christoph, 904 F.2d 1036 (6th Cir.1990) (offense committed while in jail pending sentencing and past offenses not resulting in convictions were not counted in criminal history level and could be considered as facts justifying increase), cert. denied, 498 U.S. 1041 (1991). 40 With regard to the district court's second reason, the likelihood of recidivism is a proper reason for an upward departure.
discussed
Cited "see, e.g."
Neveida Gonzalez v. Tirado-Delgado
See, e.g., Amsden v. Moran, 904 F.2d ___ ____ ______ _____ 748, 749 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991). _____ ______ Appellant, a known member of the New Progressive Party (NPP), started working for the Commonwealth of Puerto Rico in the 1960s.
cited
Cited "see, e.g."
Neveida Gonzalez v. Tirado-Delgado
See, e.g., Amsden v. Moran, 904 F.2d 748, 749 (1st Cir. 1990), cert. denied, 498 U.S. 1041 (1991).
cited
Cited "see, e.g."
Carmen Nereida-Gonzalez v. Cirilo Tirado-Delgado
See, e.g., Amsden v. Moran, 904 F.2d 748, 749 (1st Cir.1990), cert. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991).
discussed
Cited "see, e.g."
Hansen v. Lamontagne
See id.; see also Amsden v. Moran, 904 F.2d 748, 751 (1st Cir.1990), ce rt. denied, 498 U.S. 1041 , 111 S.Ct. 713 , 112 L.Ed.2d 702 (1991). 2 “Because qualified immunity does not address the substantive viability of a section 1983 claim, but rather the objective reasonableness of a defendant’s actions, a plaintiff who is entitled to prevail on the merits is not necessarily entitled to prevail on the issue of qualified immunity.” Collins v. Marina-Martinez, 894 F.2d 474, 478 (1st Cir.1990).
Retrieving the full opinion text from the archive…
Zinker, of the Estate of Zinker
v.
Doty
v.
Doty
No. 90-750.
Supreme Court of the United States.
Jan 7, 1991.
498 U.S. 1041
Certiorari.
Published
C. A. 2d Cir. Certiorari denied.
Justice White would grant certiorari.