green
Positive treatment
Quoted verbatim 1×
9.5 score
G Cite
cited 3× by 1 distinct case ·
"mere unsupported allegations do not warrant a hearing."
cited 3× by 1 distinct case ·
“mere unsupported allegations do not watrant a hearing.”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 40 distinct citers.
examined
Cited as authority (quoted)
Robert J. Paters v. United States
(2×)
mere unsupported allegations do not watrant a hearing.
discussed
Cited "see"
People v. Mckanney
Similarly, the test of reasonableness applies to X-ray searches of inmates and “[a] reasonable suspicion that an inmate is secreting contraband supports an involuntary x-ray search” (Sanchez v Pereira-Castillo, 573 F Supp 2d 474, 485 [D PR 2008]; see People v Pifer, 216 Cal App 3d 956, 961-962, 265 Cal Rptr 237, 240 [1989], cert denied 498 US 938 [1990]).
cited
Cited "see"
Humphrey v. Lane County
See generally Wood v. Ostrander, 879 F.2d 583, 595 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990).
cited
Cited "see"
United States of America,appellee v. Luis Navarrete-Barron, A/k/aluis Navarrete,appellant
See United States v. Foote, 898 F.2d 659, 663 (8th Cir.), cert. denied, 498 U.S. 838 , 111 S.Ct. 112 , 112 L.Ed.2d 81 (1990) and 498 U.S. 938 , 111 S.Ct. 342 , 112 L.Ed.2d 307 (1990).
cited
Cited "see"
United States v. L. Navarrete-Barron
See United States v. Foote, 898 F.2d 659, 663 (8th Cir.), cert. denied, 498 U.S. 838 (1990) and 498 U.S. 938 (1990).
cited
Cited "see"
Mason v. Barker
See id. at 1011 (citing Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990); White v. Rockford, 592 F.2d 381 (7th Cir.1979)).
discussed
Cited "see"
Andrea Quintero, a Minor, by Her Guardian Ad Litem, Joseph Quintero Joseph Quintero Evelyn Quintero v. Uma Bedi, M.D. Marcia Villalobos, M.D.
See Wood v. Ostrander, 879 F.2d 583, 587 (9th Cir.1989), cert. denied, 498 U.S. 938 (1990); Youngberg, 457 U.S. at 323 (imposing liability when the decision is such a substantial departure from accepted professional judgment, practice, or standards as to demonstrate that the person responsible actually did not base the decision on such a judgment). 6 There is no genuine issue of material fact as to whether Dr. Bedi is a qualified professional.
discussed
Cited "see"
Gabriel Torres v. H. Bonilla S.M. Shenian
See Wood v. Ostrander, 879 F.2d 583, 588 (9th Cir.1989), cert. denied, 498 U.S. 938 (1990). 6 The question is whether, under the allegations of the complaint, plaintiff could prove a set of facts which would entitle him to relief.
discussed
Cited "see"
Lewis v. Alamance County
See Collins v. City of Norfolk, 883 F.2d 1232 (4th Cir.1989) (Collins II ), cert. denied, 498 U.S. 938 , 111 S.Ct. 340 , 112 L.Ed.2d 305 (1990). 7 At-large voting schemes may work to create the appearance of minority preference where none actually exists because once the number of seats up for election exceeds the number of candidates that minority voters "prefer," minority voters face the choice of either voting for a candidate that they do not actually prefer or not voting at all.
discussed
Cited "see"
Lewis v. Alamance County NC
(2×)
See Collins v. City of Norfolk, 883 F.2d 1232 (4th Cir.1989) (Collins II), cert. denied, 498 U.S. 938 , 111 S.Ct. 340 , 112 L.Ed.2d 305 (1990). 7 At-large voting schemes may work to create the appearance of minority preference where none actually exists because once the number of seats up for election exceeds the number of candidates that minority voters “prefer,” minority voters face the choice of either voting for a candidate that they do not actually prefer or not voting at all.
discussed
Cited "see"
ca9 1996
See Wood v. Ostrander, 879 F.2d 583, 588-90 (9th Cir.1989) (plaintiff could sue government when state officer affirmatively placed her in dangerous situation), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990); see also L.W. v. Grubbs, 974 F.2d 119, 121 (9th Cir.1992) (generally citizens may not sue state employees who fail to protect them from harm committed by private parties unless there is a special relationship between the plaintiff or the state places the plaintiff in danger), cert. denied, 508 U.S. 951 , 113 S.Ct. 2442 , 124 L.Ed.2d 660 (1993).
discussed
Cited "see"
Van Ort v. Estate of Stanewich
See Wood v. Ostrander, 879 F.2d 583, 588-90 (9th Cir.1989) (plaintiff could sue government when state officer affirmatively placed her in dangerous situation), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990); see also L.W. v. Grubbs, 974 F.2d 119, 121 (9th Cir.1992) (generally citizens may not sue state employees who fail to protect them from harm committed by private parties unless there is a special relationship between the plaintiff or the state places the plaintiff in danger), cert. denied, 508 U.S. 951 , 113 S.Ct. 2442 , 124 L.Ed.2d 660 (1993).
discussed
Cited "see"
Bradley v. Work
See Collins v. City of Norfolk, 883 F.2d 1232, 1241-42 (4th Cir.1989), ce rt. denied, 498 U.S. 938 , 111 S.Ct. 340 , 112 L.Ed.2d 305 (1990); Gomez v. City of Watsonville, 863 F.2d 1407 , 1409 n. 1 (9th Cir.1988), cert. denied, 489 U.S. 1080 , 109 S.Ct. 1534 , 103 L.Ed.2d 839 (1989); Buckanaga v. Sisseton Indep.
discussed
Cited "see"
Jones v. Dane County
See Carey v. Piphus, 435 U.S. 247, 266 (1978) (denial of procedural due process should be actionable for nominal damages without proof of actual injury). [10] Jones and Kinney urge us to adopt the results in Ross v. United States, 910 F.2d 1422 (7th Cir. 1990), Freeman v. Ferguson, 911 F.2d 52 (8th Cir. 1990), Wood v. Ostrander, 879 F.2d 583 (9th Cir. 1989), cert. denied, 498 U.S. 938 (1990), and Estate of Sinthasomphone, 785 F. Supp. 1343 (E.D.
discussed
Cited "see"
Harvell v. Blytheville School District # 5
See Collins v. City of Norfolk, 883 F.2d 1232, 1238 (4th Cir.1989) ("black candidates who received few votes were not the black community's preferred candidates"), cert. denied, 498 U.S. 938 , 111 S.Ct. 340 , 112 L.Ed.2d 305 (1990); Campos v. City of Baytown, 840 F.2d 1240 , 1245 & n. 7 (5th Cir.1988) (elections in which a minority candidate "gains little support from any segment of the community" need not be examined), cert. denied, 492 U.S. 905 , 109 S.Ct. 3213 , 106 L.Ed.2d 564 (1989); Citizens for a Better Gretna v. City of Gretna, 834 F.2d 496, 503 (5th Cir.1987) (only those elections off…
discussed
Cited "see"
Haryell v. Blytheville School District 5
See Collins v. City of Norfolk, 883 F.2d 1232, 1238 (4th Cir.1989) (“black candidates who received few votes were not the black community’s preferred candidates”), cert. denied, 498 U.S. 938 , 111 S.Ct. 340 , 112 L.Ed.2d 305 (1990); Campos v. City of Baytown, 840 F.2d 1240 , 1245 & n. 7 (5th Cir.1988) (elections in which a minority candidate “gains little support from any segment of the community” need not be examined), cert. denied, 492 U.S. 905 , 109 S.Ct. 3213 , 106 L.Ed.2d 564 (1989); Citizens for a Better Gretna v. City of Gretna, 834 F.2d 496, 503 (5th Cir.1987) (only those ele…
discussed
Cited "see"
United States v. Roman Sanford Terry
See United States v. Whitehead, 896 F.2d 432, 435 (9th Cir.), cert. denied, 498 U.S. 938 (1990) 3 In opposing Terry's request for a downward departure, the government did not argue that the district court lacked the legal authority to depart downward for aberrant behavior.
discussed
Cited "see"
Marylanders for Fair Representation, Inc. v. Schaefer
See id. [16] Under the third prong of Gingles' threshold inquiry, district courts typically consider experts' statistical analyses of census data and of past election returns to determine whether "a white bloc vote normally will defeat the combined strength of minority support plus white `cross-over' vote for the minority's preferred candidates." Collins v. City of Norfolk, 883 F.2d 1232, 1237 (4th Cir.1989) (citing Gingles, 478 U.S. at 56 , 106 S.Ct. at 2769 ), cert. denied, 498 U.S. 938 , 111 S.Ct. 340 , 112 L.Ed.2d 305 (1990). [17] If proportional representation did not defeat a vote diluti…
discussed
Cited "see"
Robert Maxwell Kelch v. Director, Nevada Department of Prisons, and Ron Angelone
See Wood v. Ostrander, 879 F.2d 583, 589 (9th Cir.1989) (substantive due process protects individuals against governmental acts “that are prohibited ‘regardless of the fairness of the procedures used to implement them.’ ”) (quoting Daniels v. Williams, 474 U.S. 327, 331 , 106 S.Ct. 662, 665 , 88 L.Ed.2d 662 (1986)), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990).
cited
Cited "see"
Howard A. Levin v. Regent Int'l J. Patrick McGuire
See Wood v. Ostrander, 879 F.2d 583 , 586 n. 1 (9th Cir.1989), cert. denied, 498 U.S. 938 (1990)
examined
Cited "see"
United States v. Bridget M. Denny-Shaffer
(4×)
also: Cited "see, e.g."
See United States v. Whitehead, 896 F.2d 432, 435 (9th Cir.) (affirming a district court’s refusal to instruct the jury on the insanity defense because the evidence adduced could not have established “with convincing clarity” that the defense was applicable), cer t. denied, 498 U.S. 938 , 111 S.Ct. 342 , 112 L.Ed.2d 306 (1990).
discussed
Cited "see, e.g."
Dobson v. Stahla
As a convicted felon, Taylor was not entitled to possess firearms or ammunition. 18 U.S.C. § 922 (g); see also United States v. Bagley, 899 F.2d 707, 708 (8th Cir.1990), cert, denied, 498 U.S. 938 , 111 S.Ct. 343 , 112 L.Ed.2d 307 (1990).
discussed
Cited "see, e.g."
Taylor v. State
As a convicted felon, Taylor was not entitled to possess firearms or ammunition. 18 U.S.C. § 922 (g); see also United States v. Bagley, 899 F.2d 707, 708 (8th Cir.1990), cert. denied, 498 U.S. 938 , 111 S.Ct. 343 , 112 L.Ed.2d 307 (1990).
cited
Cited "see, e.g."
Sciotto Ex Rel. Sciotto v. Marple Newtown School District
See also Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990); Cornelius v. Town of Highland Lake, 880 F.2d 348 (11th Cir. 1989).
discussed
Cited "see, e.g."
Doe v. Sabine Parish School Board
See, e.g., Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), ce rt. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (police arrested drunk driver and left his female passenger alone on the street in a high crime neighborhood, where she was raped) and Cornelius v. Town of Highland Lake, 880 F.2d 348 (11th Cir.1989), cert. denied, 494 U.S. 1066 , 110 S.Ct. 1784 , 108 L.Ed.2d 785 (1990) (state placed prisoner with a violent criminal history in a work program at town hall under supervision of untrained employee; prisoner abducted a city employee and held her hostage for three days).
discussed
Cited "see, e.g."
Morse v. Lower Merion School District
For example, we held in Kneipp that the police officer’s act of “intervening] to cut off Samantha’s private source of protection by giving Joseph permission to go home alone” constituted an affirmative act for purposes of § 1983 liability. 14 95 F.3d at 1210 ; see also Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (trooper liable for arresting driver of vehicle and leaving female passenger alone in a high crime area); White v. Rockford, 592 F.2d 381 (7th Cir.1979) (arresting driver and leaving minor passengers behin…
discussed
Cited "see, e.g."
Morse v. Lower Merion School District
For example, we held in Kneipp that the police officer's act of "interven[ing] to cut off Samantha's private source of protection by giving Joseph permission to go home alone" constituted an affirmative act for purposes of § 1983 liability. 14 95 F.3d at 1210 ; see also Wood v. Ostrander, 879 F.2d 583 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (trooper liable for arresting driver of vehicle and leaving female passenger alone in a high crime area); White v. Rochford, 592 F.2d 381 (7th Cir.1979) (arresting driver and leaving minor passengers behind in ve…
discussed
Cited "see, e.g."
United States v. Maurice Cooke
(2×)
See id.; see also Humphrey v. United States, 896 F.2d 1066, 1071 (7th Cir.1990), certiorari denied 498 U.S. 938 , 111 S.Ct. 342 , 112 L.Ed.2d 306 .
discussed
Cited "see, e.g."
ca9 1996
A. 19 The Supreme Court held as early as 1977 that public school students have a right guaranteed by the Due Process Clause "to be free from, and to obtain judicial relief for, unjustified intrusions on personal security." Ingraham v. Wright, 430 U.S. 651, 673 , 97 S.Ct. 1401, 1413 , 51 L.Ed.2d 711 (1977); see also Wood v. Ostrander, 879 F.2d 583, 589 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (describing Ingraham as holding that students have "[a] liberty interest in personal security and freedom from restraint and infliction of pain").
discussed
Cited "see, e.g."
P.B. v. Koch
A. The Supreme Court held as early as 1977 that public school students have a right guaranteed by the Due Process Clause “to be free from, and to obtain judicial relief for, unjustified intrusions on personal security.” Ingraham v. Wright, 430 U.S. 651, 673 , 97 S.Ct. 1401, 1413 , 51 L.Ed.2d 711 (1977); see also Wood v. Ostrander, 879 F.2d 583, 589 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (describing Ingraham as holding that students have “[a] liberty interest in personal security and freedom from restraint and infliction of pain”).
discussed
Cited "see, e.g."
Dillon v. Chicago Southshore & South Bend Railroad
See also Wood v. Ostrander, 879 F.2d 583, 590 (9th Cir.1989), ce rt. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (police had affirmative duty to protect plaintiff after arresting driver of car in which plaintiff was passenger, impounding vehicle, and leaving plaintiff stranded in high-crime area); Bowers v. DeVito, 686 F.2d 616, 618 (7th Cir.1982) ("if the state puts a man in a position of danger from private persons and then fails to protect him, it will not be heard to say that its role was merely passive; it is as much an active tortfeasor as if it had thrown him into the …
discussed
Cited "see, e.g."
In Re Train Collision at Gary, Indiana
See also Wood v. Ostrander, 879 F.2d 583, 590 (9th Cir. 1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (police had affirmative duty to protect plaintiff after arresting driver of car in which plaintiff was passenger, impounding vehicle, and leaving plaintiff stranded in high-crime area); Bowers v. DeVito, 686 F.2d 616, 618 (7th Cir.1982) ("if the state puts a man in a position of danger from private persons and then fails to protect him, it will not be heard to say that its role was merely passive; it is as much an active tortfeasor as if it had thrown him into the …
discussed
Cited "see, e.g."
Callis v. Sellars
See, e.g., Wood. v. Ostrander, 879 F.2d 583, 588 (9th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 305 (1990) (by arresting driver and abandoning female passenger in high crime area in the middle of the night, trooper created danger that passenger would be assaulted and thereby triggered her due process right to protective services); White v. Rockford, 592 F.2d 381, 382-83 (7th Cir.1979) (minor plaintiffs stated a claim under Section 1983 when they alleged that police officers had arrested their uncle and left them unattended in a car on a busy roadside). 16 .
cited
Cited "see, e.g."
Gerald D. Castor v. United States
Sec. 2255 ; see also Humphrey v. United States, 896 F.2d 1066, 1070 (7th Cir.), cert. denied, 498 U.S. 938 (1990).
discussed
Cited "see, e.g."
United States v. Lugo Lopez
The psychiatrist's report is inadequate to establish that as a result of his PTSD Lugo-L pez was "unable to appreciate the nature and quality or the wrongfulness of his acts." See 18 ___ U.S.C. 17(a); Duggan, 743 F.2d at 81 (expert affidavit ______ asserted that "as a result of [PTSD], [defendants] were not able to conform their conduct to the requirements of the law," but contained no evidence or clinical findings in support of these conclusions and was thus inadequate to raise the insanity defense in compliance with Rule 12.2); see also ___ ____ United States v. Whitehead, 896 F.2d 432, 435 …
discussed
Cited "see, e.g."
United States v. Cartagena-Carrasquillo
The psychiatrist’s report is inadequate to establish that as a result of his PTSD Lugo-López was “unable to appreciate the nature and quality or the wrongfulness of his acts.” See 18 U.S.C. § 17 (a); Duggan, 743 F.2d at 81 (expert affidavit asserted that “as a result of [PTSD], [defendants] were not able to conform their conduct to the requirements of the law,” but contained no evidence or clinical findings in support of these conclusions and was thus inadequate to raise the insanity defense in compliance with Rule 12.2); see also United States v. Whitehead, 896 F.2d 432, 435 (9th …
discussed
Cited "see, e.g."
State v. Crims
(2×)
See, e.g., People v. Sandoval, 135 Ill.2d 159 , 142 Ill.Dec. 135, 145 , 552 N.E.2d 726, 736 , (acknowledging rape shield statute primarily as a codification of the common-sense premise that a victim's *868 sexual history is generally irrelevant to the issue of consent to relations with the accused), cert. denied, 498 U.S. 938 , 111 S.Ct. 343 , 112 L.Ed.2d 307 (1990); Joyce, 415 N.E.2d at 185 (same).
discussed
Cited "see, e.g."
National Ass'n for the Advancement of Colored People, Inc. Ex Rel. Niagara Falls, New York Branch v. City of Niagara Falls
See also Collins v. City of Norfolk, 883 F.2d 1232, 1242 (4th Cir.1989), cert. denied, 498 U.S. 938 , 111 S.Ct. 340 , 112 L.Ed.2d 305 (1990) (concluding that “the election of a second [African American] councilman ... was the result of special circumstances and should not [have been] dispositive in determining whether Norfolk’s at-large voting for a multimember council dilute[d] [African American] voting power”). *753 19. “[T]he race of the candidate per se is irrelevant to racial bloc voting analysis .... [T]he fact that race of voter and race of candidate is often correlated is not d…
discussed
Cited "see, e.g."
McNABB v. RILEY
Compare Delaware Dep't of Health and Social Servs. v. United States Dep't of Educ., 772 F.2d 1123 , 1138-39 (3d Cir.1985) (attorney's fees may be awarded and enforced in federal court) with Tennessee Dep't of Human Servs. v. United States Dep't of Educ., 979 F.2d 1162, 1165, 1168-71 (6th Cir.1992) (attorney's fees may be awarded but Eleventh Amendment bars enforcement in federal court) and Schlank v. Williams, 572 A.2d 101, 108-10 (D.C.App.), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 306 (1990) (the Act does not authorize the award of attorney's fees against a state agency).
discussed
Cited "see, e.g."
McNabb v. Riley
Compare Delaware Dep't of Health and Social Servs. v. United States Dep’t of Educ., 772 F.2d 1123, 1138-39 (3d Cir.1985) (attorney's fees may be awarded and enforced in federal court) with Tennessee Dep't of Human Servs. v. United States Dep’t of Educ., 979 F.2d 1162, 1165, 1168-71 (6th Cir.1992) (attorney’s fees may be awarded but Eleventh Amendment bars enforcement in federal court) and Schlank v. Williams, 572 A.2d 101, 108-10 (D.C.App.), cert. denied, 498 U.S. 938 , 111 S.Ct. 341 , 112 L.Ed.2d 306 (1990) (the Act does not authorize the award of attorney’s fees against a state agenc…
City of Norfolk, Virginia
v.
Collins
v.
Collins
No. 89-989.
Supreme Court of the United States.
Oct 29, 1990.
498 U.S. 938
Cited by 1 opinion | Published
Citer courts: Seventh Circuit (2)
C. A. 4th Cir. Certiorari denied.