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Positive treatment
Quoted verbatim 3×
6.9 score
“federal claim should not present significant additional facts such that the claim was not fairly presented to the state court"; claims made in state and federal courts must have "at least an 'arguable factual commonality”
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1994
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2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Laura Holtz v. Rockefeller & Co., Inc.
the plaintiff may preclude summary judgment by producing evidence from which the trier of fact reasonably could draw an inference of discrimination.
discussed
Cited as authority (quoted)
Williamson v. Ward
it must be a very rare circumstance indeed where a decision not to investigate would be 'reasonable' after counsel has notice of the client's history of mental problems.
examined
Cited as authority (quoted)
Demarest v. Price
federal claim should not present significant additional facts such that the claim was not fairly presented to the state court"; claims made in state and federal courts must have "at least an 'arguable factual commonality
discussed
Cited "see"
Allen v. Egan
See Owens v. New York City Housing Auth., 934 F.2d 405 , 410 (2d Cir.) (supervisor’s comments that the plaintiffs problems had to do with her age and entry into menopause constituted sufficient direct evidence to preclude granting of summary judgment), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 451 (1991).
cited
Cited "see"
Kenneth Kenley v. Michael Bowersox
See Kenley v. Armontrout, 937 F.2d 1298 (8th Cir.) (Kenley I), cert. denied, 502 U.S. 964 (1991).
cited
Cited "see"
Kenneth Kenley v. Michael Bowersox
See Kenley v. Armontrout, 937 F.2d 1298 (8th Cir.) (Kenley I), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 450 (1991).
discussed
Cited "see"
Kenneth Kenley v. Michael Bowersox
(2×)
See Kenley v. Armontrout, 937 F.2d 1298 (8th Cir.), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 450 (1991).
discussed
Cited "see"
Harold McQueen Jr. v. Gene Scroggy, Warden
(2×)
See Kenley v. Armontrout, 937 F.2d 1298, 1304-09 (8th Cir.), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 450 (1991).
discussed
Cited "see"
United States v. William F. Breckenridge
See- also United States v. Rivers, 929 F.2d 136, 140 (4th Cir.) (“[sjimply because two convictions have concurrent sentences” and sentencing was consolidated “does not mean the crimes are related”) (quoting United States v. Flores, 875 F.2d 1110, 1114 (5th Cir.1989)), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 451 (1991).
discussed
Cited "see, e.g."
People v. Marrero
Accordingly, we remand the matter for resentencing, at which time the People may allege a different prior felony conviction as the basis for a second felony offender adjudication (see People v Candelario, 183 AD2d 440 [1992], lv denied 80 NY2d 894 [1992]; see also People v Hunt, 162 AD2d 782 [1990], affd 78 NY2d 932 [1991], cert denied 502 US 964 [1991]).
discussed
Cited "see, e.g."
Weber v. Parfums Givenchy, Inc.
See, e.g., Owens v. New York City Housing Auth., 934 F.2d 405 , 410 (2d Cir.) (statements made by individuals with “substantial influence” over plaintiffs employment raise genuine issue of fact on issue of pretext), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 451 (1991); Rosen v. Thornburgh, 928 F.2d 528, 534 (2d Cir.1991) (finder of fact could find that decision was the product of religious bias, even if the ultimate decision maker was unaware of plaintiffs religion, when biased supervisors 'played a role in the decision); Ryduchowski v. Port Authority, No. 96-CV-5589, 1998 W…
discussed
Cited "see, e.g."
Tout v. County of Erie
Cornwell v. Robinson, 23 F.3d 694, 706 (2d Cir.1994); see also, Owens v. New York City Housing Authority, 934 F.2d 405, 410-11 (2d Cir.), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 451 (1991); Almendral v. New York State Office of Mental Health, 743 F.2d 963, 967 (2d Cir.1984).
discussed
Cited "see, e.g."
State v. Marshall
(2×)
Moreover, one cannot consider counsel’s strategy reasonable, as the majority appears to do, because it was not “proceeded by a ‘thorough investigation of law and facts’ and a consideration of all ‘plausible options.’” Savage, supra, 120 N.J. at 618, 577 A.2d 455 (quoting Strickland, supra, 466 U.S. at 690, 104 S.Ct. at 2066 , 80 L.Ed.2d at 695 ). “[Strategic choices made after less than complete investigation are reasonable precisely to the extent that reasonable professional judgments support the limitations on investigation.” Strickland, supra, 466 U.S. at 690-91, 104 S.Ct.…
discussed
Cited "see, e.g."
Olesen v. Class
Olesen, 524 N.W.2d at 618 ; see also, Kenley v. Armontrout, 937 F.2d 1298, 1303-04, 1308 (8th Cir.), cert. denied, 502 U.S. 964 , 112 S.Ct. 431 , 116 L.Ed.2d 450 (1991); Chambers v. Armontrout, 907 F.2d 825, 828-31 (8th Cir.) (en banc), cert. denied, 498 U.S. 950 , 111 S.Ct. 369 , 112 L.Ed.2d 331 (1990); Lawrence v. Armontrout, 900 F.2d 127, 129-30 (8th Cir.1990); Wade v. Armontrout, 798 F.2d 304, 306-07 (8th Cir.1986).
discussed
Cited "see, e.g."
Marfia v. T.C. Ziraat Bankasi, New York Branch
Second, even assuming the decision was made by the Head Office, the jury could have reasonably found that Ozman influenced the Head Office, thereby “poisoning the well.” Crader v. Concordia College, 724 F.Supp. 558, 564 (N.D.Ill.1989) (if decision-maker’s sources of information about plaintiff are “polluted by racial bias, that might be enough to poison the well”); see also Owens v. New York City Housing Authority, 934 F.2d 405, 410 (2d Cir.) (offensive statements made by “individuals with substantial influence over [plaintiffs] employment” were sufficient to raise issue of fact …
discussed
Cited "see, e.g."
Lawson v. Dixon, Warden
(2×)
See, e. g., Kenley v. Armontrout, 937 F. 2d 1298, 1303-1308 (CA8), cert. denied, 502 U. S. 964 (1991); Thompson v. Wainwright, 787 F. 2d 1447, 1451 (CA11 1986), cert. denied, 481 U. S. 1042 (1987).
Retrieving the full opinion text from the archive…
Delo, Superintendent, Potosi Correctional Center
v.
Kenley
v.
Kenley
No. 91-483.
Supreme Court of the United States.
Nov 12, 1991.
502 U.S. 964
Cited by 7 opinions | Published
C. A. 8th Cir. Motion of respondent for leave to proceed in forma pauperis granted. Certiorari denied.