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Civil Rights
109 S. Ct. 1827 (1989) | Cited 30692 times
... JUSTICE MARSHALL delivered the opinion of the Court. The question presented is whether a complaint filed in forma pauperis which fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) is automatically frivolous within the meaning of 28 U. S. C. § 1915(d). The answer, we hold, is no. ...
125 S.Ct. 738 (2005) | Cited 22596 times
... 543 U. S. ____ (2005) The question presented in each of these cases is whether an application of the Federal Sentencing Guidelines violated the Sixth Amendment. In each case, the courts below held that binding rules set forth in the Guidelines limited the severity of the sentence that the judge ...
416 F.3d 310 (2005) | Cited 14313 times
... PUBLISHED Argued: May 24, 2005 Before WIDENER and MOTZ, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by published opinion. Judge Motz wrote the opinion, in which Judge Widener and Senior Judge Hamilton joined. OPINION Rovilma Diamond sued her former employer, Colonial Life & ...
101 S. Ct. 1089 (1981) | Cited 13526 times
... JUSTICE POWELL delivered the opinion of the Court. This case requires us to address again the nature of the evidentiary burden placed upon the defendant in an employment discrimination suit brought under Title VII of the Civil Rights Act of 1964, 42 U. S. C. § 2000e et seq. The narrow ...
203 F.3d 1122 (2000) | Cited 10222 times
... FOR PUBLICATION OPINION Argued and Submitted October 21, 1999--San Francisco, California Concurrence by Judge Rymer; Dissent by Judge Sneed OPINION The Prison Litigation Reform Act of 1995 ("PLRA") provides that a district court "shall dismiss" an in forma pauperis complaint "if the court ...
512 U.S. 477 (1994) | Cited 9695 times
... JUSTICE SCALIA delivered the opinion of the Court. This case presents the question whether a state prisoner may challenge the constitutionality of his conviction in a suit for damages under 42 U.S.C. § 1983. I Petitioner Roy Heck was convicted in Indiana state court of voluntary manslaughter for ...
122 S.Ct. 992 (2002) | Cited 9645 times
... 534 U. S. ____ (2002) On Writ Of Certiorari To The United States Court Of Appeals For The Second Circuit This case presents the question whether a complaint in an employment discrimination lawsuit must contain specific facts establishing a prima facie case of discrimination under the framework ...
935 F.2d 1106 (1991) | Cited 8387 times
... LOGAN, Circuit Judge Pro se plaintiff Kenneth E. Hall, Jr. appeals the district court's dismissal of his claim that the policies and procedures of the Lexington Assessment and Reception Center (LARC), as well as the actions of LARC employees, violated his First Amendment right to free exercise of ...
105 S. Ct. 1504 (1985) | Cited 7049 times
... JUSTICE WHITE delivered the opinion of the Court. In Pullman-Standard v. Swint, 456 U.S. 273 (1982), we held that a District Court's finding of discriminatory intent in an action brought under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq., is a ...
126 S.Ct. 2405 (2006) | Cited 6248 times
... 548 U. S. ____ (2006) Title VII of the Civil Rights Act of 1964 forbids employment discrimination against "any individual" based on that individual's "race, color, religion, sex, or national origin." Pub. L. 88-352, §704, 78 Stat. 257, as amended, 42 U. S. C. §2000e-2(a). A separate section of the ...
293 F.3d 103 (2002) | Cited 4315 times
... As amended June 14, 2002. PRECEDENTIAL Argued: April 6, 2001 OPINION OF THE COURT Norman Grayson, an inmate at various times of the three institutions named as defendants, brought this pro se damages action under 42 U.S.C. S 1983, alleging the defendants were deliberately indifferent to his ...
935 F.2d 1015 (1991) | Cited 4310 times
... CHOY, Circuit Judge Sammy Terrell, a federal prisoner proceeding pro se and in forma pauperis, appeals from a November 30, 1989 summary judgment order dismissing his action with prejudice. Terrell alleges that the district court erred by (1) denying Terrell's request for appointment of counsel; ...
106 S. Ct. 2399 (1986) | Cited 4152 times
... JUSTICE REHNQUIST delivered the opinion of the Court. This case presents important questions concerning claims of workplace "sexual harassment" brought under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq. I In 1974, respondent Mechelle Vinson met ...
809 F.2d 1446 (1987) | Cited 3674 times
... Before: Harry Pregerson, Dorothy W. Nelson and David R. Thompson, Circuit Judges. PREGERSON, Circuit Judge: William Noll, a federal prisoner, brought a Bivens -type 1 civil rights action pro se and in forma pauperis against four officials of the United States Bureau of Prisons. After Noll twice ...
101 S. Ct. 173 (1980) | Cited 3559 times
... Petitioner, an inmate of the Illinois State Penitentiary, asks us to review an order dismissing his civil rights action against the respondent corrections officers and directing him to pay counsel fees of $400 for services rendered by the Attorney General of Illinois in representing the respondents ...
536 U.S. 101 (2002) | Cited 3523 times
... 536 U. S. ____ (2002) Respondent Abner Morgan, Jr., sued petitioner National Railroad Passenger Corporation (Amtrak) under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. §2000e et seq. (1994 ed. and Supp.V), alleging that he had been subjected to discrete ...
97 S.Ct. 1843 (1977) | Cited 3361 times
... CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Argued January 10, 1977 STEWART, J., delivered the opinion of the Court, in which BURGER, C. J., and WHITE, BLACKMUN, POWELL, REHNQUIST, and STEVENS, JJ., joined. MARSHALL, J., filed an opinion concurring in part and ...
105 S. Ct. 1694 (1985) | Cited 2863 times
... JUSTICE WHITE delivered the opinion of the Court. This case requires us to determine the constitutionality of the use of deadly force to prevent the escape of an apparently unarmed suspected felon. We conclude that such force may not be used unless it is necessary to prevent the escape and the ...
856 F.2d 1439 (1988) | Cited 2584 times
... Carey appeals the district court's dismissal without prejudice of his action brought pursuant to 42 U.S.C. § 1983 for failure to prosecute. He contends that the district court abused its discretion by dismissing his complaint sixty days after mail, addressed to him from the district court, was ...
111 S. Ct. 453 (1990) | Cited 2547 times
... CHIEF JUSTICE REHNQUIST delivered the opinion of the Court. In April 1986, petitioner, Shirley Irwin, was fired from his job by the Veterans' Administration (VA), which was subsequently redesignated as respondent Department of Veterans Affairs. Irwin contacted an equal employment opportunity ...
687 F.2d 44 (1982) | Cited 2516 times
... Before WIDENER, ERVIN and CHAPMAN, Circuit Judges. ERVIN, Circuit Judge: This appeal raises the issues whether a prisoner's § 1983 action was properly referred to a magistrate under 28 U.S.C. § 636(b) (1) (B) without the prisoner's consent, and whether the district court made a proper review of ...
102 S. Ct. 1127 (1982) | Cited 2428 times
... JUSTICE WHITE delivered the opinion of the Court. The primary question in these cases is whether the statutory time limit for filing charges under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. § 2000e et seq. (1970 ed.) is a jurisdictional prerequisite to a suit ...
708 F.2d 452 (1983) | Cited 2370 times
... Order DENYING PETITION FOR REHEARING Because the lateness of the Petition for Rehearing was the result of representations by court personnel, we grant the motion to enlarge the time for filing of the petition. Our previous order denying the petition is withdrawn. Britt brought a civil rights ...
125 S.Ct. 2562 (2005) | Cited 2284 times
... 545 U. S. ____ (2005) This case involves two federal prescriptions: the one-year limitation period imposed on federal habeas corpus petitioners by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U. S. C. §2244(d)(1); and the rule that pleading amendments relate back to the ...
577 F.3d 816 (2009) | Cited 2194 times
... ARGUED SEPTEMBER 19, 2008 Before POSNER, RIPPLE and EVANS, Circuit Judges. Angel Rodriguez, proceeding in forma pauperis, filed this action under 42 U.S.C. § 1983 against Plymouth Ambulance Service, St. Agnes Hospital, Waupun Memorial Hospital and various Plymouth employees. Mr. Rodriguez claims ...
511 U.S. 244 (1994) | Cited 2104 times
... JUSTICE STEVENS delivered the opinion of the Court. The Civil Rights Act of 1991 (1991 Act or Act) creates a right to recover compensatory and punitive damages for certain violations of Title VII of the Civil Rights Act of 1964. See Rev. Stat. § 1977A(a), 42 U.S.C. § 1981a(a), as added by § 102 of ...
94 S. Ct. 1011 (1974) | Cited 2089 times
... MR. JUSTICE POWELL delivered the opinion of the Court. This case concerns the proper relationship between federal courts and the grievance-arbitration machinery of collective-bargaining agreements in the resolution and enforcement of an individual's rights to equal employment opportunities under ...
95 S. Ct. 2362 (1975) | Cited 2032 times
... MR. JUSTICE STEWART delivered the opinion of the Court. These consolidated cases raise two important questions under Title VII of the Civil Rights Act of 1964, 78 Stat. 253, as amended by the Equal Employment Opportunity Act of 1972, 86 Stat. 103, 42 U.S.C. § 2000e et seq. (1970 ed. and Supp. ...
780 F.2d 1334 (1985) | Cited 2028 times
... Before ROSS, McMILLIAN and FAGG, Circuit Judges. McMILLIAN, Circuit Judge. Allen F. Martin appeals pro se from a district court 1 order dismissing his complaint for failure to state a claim. Appellant brought his claims under 42 U.S.C. § 1983 seeking declaratory, injunctive and monetary relief ...
363 F.3d 229 (2004) | Cited 1870 times
... PRECEDENTIAL Argued January 15, 2004 OPINION OF THE COURT At the end of Gary Marshall Alston's 17-year sentence in a New Jersey prison, he was involuntarily committed to Greystone Park Psychiatric Hospital. While there, Alston sued various Greystone employees in a pro se § 1983 complaint, ...
95 S. Ct. 1716 (1975) | Cited 1834 times
... MR. JUSTICE BLACKMUN delivered the opinion of the Court. This case presents the issue whether the timely filing of a charge of employment discrimination with the Equal Employment Opportunity Commission (EEOC), pursuant to § 706 of Title VII of the Civil Rights Act of 1964, 78 Stat. 259, 42 U.S.C. ...
80 F.3d 954 (1996) | Cited 1825 times
... MURNAGHAN, Circuit Judge: Appellant Christine Evans appeals a district court order granting summary judgment to her employer in a Title VII discrimination case. She argues that the district court erred by failing to apply the appropriate legal standards in analyzing the motion for summary ...
106 S. Ct. 668 (1986) | Cited 1799 times
... JUSTICE REHNQUIST delivered the opinion of the Court. Petitioner sued prison officials seeking damages under 42 U. S. C. § 1983 for injuries he suffered when they negligently failed to protect him from another inmate. On December 19, 1980, petitioner was threatened by one McMillian, a fellow ...
38 F.3d 1380 (1994) | Cited 1781 times
... Opinion OF THE COURT LEWIS, Circuit Judge. Appellant Sherry J. Oshiver brought suit against the Philadelphia law firm of Levin, Fishbein, Sedran & Berman, where she had been employed as an attorney, claiming violations of both Title VII and the Pennsylvania Human Relations Act ("PHRA"). This is ...
375 F.3d 206 (2004) | Cited 1760 times
... Argued: February 18, 2004 Plaintiff Michael Antonio Patterson, a former employee of defendant Oneida County ("County") Sheriff's Department ("Sheriff's Department" or "Department"), appeals from a judgment and an order of the United States District Court for the Northern District of New York, ...
152 F.3d 1193 (1998) | Cited 1746 times
... FOR PUBLICATION Appeal from the United States District Court for the District of Nevada Howard D. McKibben, District Judge, Presiding Submitted August 17, 1998 D.C. No. CV-96-00546-HDM ORDER ORDER Barren appeals the district court's order sua sponte dismissing the third amended complaint of ...
109 S. Ct. 2363 (1989) | Cited 1720 times
... JUSTICE KENNEDY delivered the opinion of the Court. In this case, we consider important issues respecting the meaning and coverage of one of our oldest civil rights statutes, 42 U. S. C. § 1981. I Petitioner Brenda Patterson, a black woman, was employed by respondent McLean Credit Union as ...
101 S. Ct. 498 (1980) | Cited 1673 times
... JUSTICE POWELL delivered the opinion of the Court. The question in this case is whether respondent, a college professor, timely complained under the civil rights laws that he had been denied academic tenure because of his national origin. I Columbus Ricks is a black Liberian. In 1970, Ricks ...
496 F.3d 773 (2007) | Cited 1594 times
... ARGUED MAY 25, 2007 Before BAUER, CUDAHY and FLAUM, Circuit Judges. Charles Horn complained to the Equal Employment Opportunity Commission that his employer, Concentra Health Services, Inc., fired him when he reported a sexual affair between his supervisor and another employee. The EEOC brought ...
96 S. Ct. 1961 (1976) | Cited 1571 times
... MR. JUSTICE STEWART delivered the opinion of the Court. The principal question presented by this case is whether § 717 of the Civil Rights Act of 1964 provides the exclusive judicial remedy for claims of discrimination in federal employment. The petitioner, Clarence Brown, is a Negro who has ...
102 S. Ct. 1883 (1982) | Cited 1560 times
... JUSTICE WHITE delivered the opinion of the Court. As one of its first acts, Congress directed that all United States courts afford the same full faith and credit to state court judgments that would apply in the State's own courts. Act of May 26, 1790, ch. 11, 1 Stat. 122, 28 U. S. C. § 1738. ...
766 F.2d 179 (1985) | Cited 1539 times
... POLITZ, Circuit Judge: This civil rights complaint by a prisoner inexorably directs our consideration of questions of court administration and the scope of one of the provisions of the Magistrates Act, 28 U.S.C. § 636(b)(1). Norman R. Spears invoked 42 U.S.C. § 1983 and filed a pro se complaint ...
336 F.3d 128 (2003) | Cited 1500 times
... Argued: November 6, 2001 AFFIRMED IN PART, AND VACATED AND REMANDED IN PART. Plaintiff, Andrew ("Jack") Jackson Terry, a former Special Agent with the Immigration and Naturalization Service ("INS") appeals from a decision of the United States District Court for the Southern District of New York ...
668 F.3d 1108 (2012) | Cited 1497 times
... FOR PUBLICATION OPINION Argued and Submitted November 18, 2011-San Francisco, California Before: Jerome Farris, John T. Noonan, and Carlos T. Bea, Circuit Judges. Opinion by Judge Farris; Partial Concurrence and Partial Dissent by Judge Noonan OPINION Petitioner Raymond Watison, who is ...
144 F.3d 719 (1998) | Cited 1442 times
... Appeal from the United States District Court for the Middle District of Florida. (No. 97-735-CV-J-20C), Harvey E. Schlesinger, Judge. In this appeal, we uphold as constitutional the "three strikes" in forma pauperis provision of 28 U.S.C.A. § 1915(g) (West Supp.1998), section 804(d) of the Prison ...
75 F.3d 190 (1996) | Cited 1413 times
... STEWART, Circuit Judge: This is a civil rights action filed under 42 U.S.C. § 1983 and based on allegations that the defendants deprived plaintiffs of certain constitutional rights in the shooting death of Wendell C. Baker, Jr. Plaintiffs appeal the district court's final judgment granting the ...
863 F.2d 835 (1989) | Cited 1372 times
... EDMONDSON, Circuit Judge: In this appeal we consider whether the damage suit of a pro se plaintiff proceeding in forma pauperis can be dismissed for failure to pay costs assessed as a penalty for unreasonable refusal to obey a discovery order. We believe such dismissals are permitted. Under the ...
537 F.2d 857 (1976) | Cited 1364 times
... CELEBREZZE, Circuit Judge. This is an appeal from the dismissal of an action brought under 42 U.S.C. section 1983 (1970), by a former inmate at the Wayne County Jail who claims that his constitutional rights were violated when prison authorities denied him medical treatment for a bleeding ulcer. ...
540 U.S. 749 (2004) | Cited 1357 times
... I. Federal law opens two main avenues to relief on complaints related to imprisonment: a petition for habeas corpus, 28 U. S. C. §2254, and a complaint under the Civil Rights Act of 1871, Rev. Stat. §1979, as amended, 42 U. S. C. §1983. Challenges to the validity of any confinement or to ...
307 F.3d 1119 (2002) | Cited 1280 times
... FOR PUBLICATION Argued and Submitted April 11, 2002--San Francisco, California OPINION This appeal involves a claim that a county coroner falsified an autopsy report, leading to the false arrest and prosecution of plaintiff Nelson Galbraith ("Galbraith") for murder in violation of his ...
229 F.3d 1012 (2000) | Cited 1275 times
... [PUBLISH] Appeals from the United States District Court for the Northern District of Georgia John Chapman filed a lawsuit in federal district court against AI Transport, AIG Aviation, American International Group Claims Services ("AIGCS"), and American International Group ("AIG") (collectively, ...
644 F.2d 811 (1981) | Cited 1260 times
... Denny Lee London appeals the dismissal of her Second Amended Complaint, and concurrent dismissal of her action below, charging the defendant Coopers & Lybrand with unlawful employment discrimination. We affirm in part and reverse in part. I. BACKGROUND The background to this appeal illustrates ...
290 F.3d 639 (2002) | Cited 1225 times
... As amended June 25, 2002. PUBLISHED Argued: January 22, 2002 Before WILLIAMS and KING, Circuit Judges, and Cynthia Holcomb HALL, Senior Circuit Judge of the United States Court of Appeals for the Ninth Circuit, sitting by designation. Affirmed by published opinion. Senior Judge Hall wrote the ...
759 F.2d 355 (1985) | Cited 1206 times
... WILKINSON, Circuit Judge: This is an employment discrimination action brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (1982). Plaintiff Thomas J. Ross, employed by defendant Communications Satellite Corporation (hereinafter COMSAT) until his termination on August ...
973 F.2d 1518 (1992) | Cited 1174 times
... BALDOCK, Circuit Judge Plaintiff Craig Bryant Northington appeals from the dismissal of his 42 U.S.C. 1983 and 1985 civil rights actions against various Denver sheriff's deputies, corrections officers and the Denver Sheriff's Department. All of the allegations regard misdeeds which occurred when ...
112 F.3d 818 (1997) | Cited 1168 times
... JERRY E. SMITH, Circuit Judge: Texas state prisoner # 517349, Arthur Carson, proceeding pro se and in forma pauperis ("IFP"), appeals the construction of his habeas corpus petition as a 42 U.S.C. § 1983 suit, its dismissal, sanctions imposed upon him, and an order barring him from filing further ...
544 F.3d 739 (2008) | Cited 1156 times
... ARGUED APRIL 9, 2008 Before POSNER, RIPPLE, and MANION, Circuit Judges. The question presented by this interlocutory appeal under 28 U.S.C. § 1292(b) is whether a prisoner plaintiff in a suit for damages governed by the Prison Litigation Reform Act is entitled by the Seventh Amendment to a jury ...
404 F.3d 371 (2005) | Cited 1128 times
... PUBLISHED Plaintiff-Appellant Michael Geiger, proceeding pro se and in forma pauperis ("IFP"), appeals the dismissal of his 42 U.S.C. § 1983 suit as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(e). We affirm. I. FACTS AND ...
206 F.3d 271 (2000) | Cited 1101 times
... Argued: September 16, 1999 Filed March 3, 2000 OPINION OF THE COURT This appeal raises a number of employment law issues relating to the recruitment, hiring and later firing of appellant, Susan Farrell. The District Court granted summary judgment in favor of defendants Planters Lifesavers ...
788 F.2d 1116 (1986) | Cited 1047 times
... Before: Irving L. Goldberg, Thomas M. Reavley and Will Garwood, Circuit Judges. THOMAS M. REAVLEY, Circuit Judge: This appeal comes from judgment in one of the thousands of prisoner civil rights cases on the district court dockets of this circuit. Most of these cases are lying dormant because of ...
43 F.3d 29 (1994) | Cited 1044 times
... KEARSE, Circuit Judge : Plaintiff Lorenzo Chambers appeals from a final judgment of the United States District Court for the Southern District of New York, Vincent L. Broderick, Judge, dismissing his complaint against defendant TRM Copy Centers Corporation ("TRM"), for the termination of his ...
366 F.3d 138 (2004) | Cited 1037 times
... Argued: April 24, 2003 Plaintiff Larry E. Feingold ("Feingold" or "plaintiff") appeals from a decision and order of the United States District Court for the Southern District of New York (Jed S. Rakoff, J.) entered on July 31, 2002. Feingold alleged that while employed as an Administrative Law ...
550 F.2d 926 (1977) | Cited 1026 times
... WIDENER, Circuit Judge: Russell Vinnedge brought this civil rights action for damages under 42 USCA § 1983 1 alleging that defendants, under color of state law, denied him medical treatment after his arrest and while he was incarcerated in the Fairfax County Jail. He also alleged that defendants ...
126 F.3d 494 (1997) | Cited 1023 times
... Argued July 22, 1997 Filed September 26, 1997 OPINION OF THE COURT After American Sterilizer Company ("AMSCO") placed him on workers' compensation leave, channel welder Robert Krouse filed this action against AMSCO and Liberty Mutual Insurance Company, asserting retaliation claims under the ...
898 F.2d 1196 (1990) | Cited 1023 times
... BOYCE F. MARTIN, JR., Circuit Judge. Richard G. Lawler appeals the district court's dismissal of his 42 U.S.C. § 1983 civil rights action as frivolous under 28 U.S.C. § 1915(d). Lawler is a prisoner at the Southern Ohio Correctional Facility. He alleges that defendants Marshall and Dunn, both of ...
927 F.2d 1165 (1991) | Cited 1012 times
... EBEL, Circuit Judge This is an appeal 1 from a district court order adopting the magistrate's report and recommendation to grant summary judgment for defendants, Salt Lake City Corporation and Officer James E. Faraone of the city police department. 2 Plaintiff brought this action pro se under 42 ...
165 F.3d 1321 (1999) | Cited 994 times
... PUBLISH Plaintiff-Appellant Cedric D. Simms appeals two orders of the district court granting summary judgment in favor of defendant, the Oklahoma Department of Mental Health and Substance Abuse Services ("DMHSAS") on claims of unlawful employment discrimination and retaliation. On appeal, ...
897 F.2d 356 (1990) | Cited 974 times
... Timothy Thompson, an Iowa prisoner, appeals from a final order of the District Court dismissing his 42 U.S.C. § 1983 suit following an evidentiary hearing before a magistrate. Thompson alleged in his complaint that Iowa prison officials violated his eighth and fourteenth amendment rights by ...
465 F.3d 1210 (2006) | Cited 955 times
... PUBLISH Before HENRY, McKAY and EBEL, Circuit Judges. Plaintiff-Appellant Jesse Trujillo, a pro se prisoner proceeding in forma pauperis, filed this 42 U.S.C. § 1983 claim against various New Mexico and Virginia corrections officials 2 alleging that they violated his constitutional rights by: 1) ...
364 F.3d 135 (2004) | Cited 945 times
... PRECEDENTIAL Argued January 26, 2004 OPINION OF THE COURT Appellant Richard Conoshenti alleges that his employment with Public Service Electric and Gas Company ("PSE&G") was terminated in violation of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq., ("FMLA"), New Jersey public ...
452 F.3d 256 (2006) | Cited 928 times
... PRECEDENTIAL Argued May 16, 2006 Before: RENDELL, VAN ANTWERPEN and WEIS, Circuit Judges. OPINION OF THE COURT This case requires us to address, for the first time, the circumstances under which a plaintiff's employment discrimination claims should be dismissed for failure to properly verify a ...
171 F.3d 794 (1999) | Cited 926 times
... August Term 1998 Argued: March 17, 1999 Appeal from a judgment of the United States District Court for the Southern District of New York (Thomas P. Griesa, Chief Judge) dismissing a pro se, in forma pauperis complaint. Vacated and Remanded. Plaintiff-appellant Louis Gomez appeals from a ...
96 S. Ct. 2574 (1976) | Cited 923 times
... MR. JUSTICE MARSHALL delivered the opinion of the Court. Petitioners, L. N. McDonald and Raymond L. Laird, brought this action in the United States District Court for the Southern District of Texas seeking relief against Santa Fe Trail Transportation Co. (Santa Fe) and International Brotherhood of ...
108 S. Ct. 2777 (1988) | Cited 921 times
... JUSTICE O'CONNOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and III, and an opinion with respect to parts II-C and II-D, in which THE CHIEF JUSTICE, JUSTICE WHITE, and JUSTICE SCALIA join. This case requires us to decide what ...
984 F.2d 392 (1993) | Cited 919 times
... PER CURIAM Appellant Joseph Carroll filed this complaint under 42 U.S.C. § 1983, alleging that various members of the Florida State Bar violated his due process rights. Adopting the magistrate judge's recommendation, the district court dismissed Carroll's complaint under 28 U.S.C. § 1915(d). We ...
989 F.2d 191 (1993) | Cited 913 times
... REYNALDO G. GARZA, Circuit Judge: The appellant, Raymundo R. Mendoza ("Mendoza"), is a Texas state prisoner. Proceeding pro se and in forma pauperis, Mendoza filed an action under 42 U.S.C. § 1983, arguing that his civil rights were violated. The basis of his contentions, which were rooted in his ...
9 F.3d 913 (1993) | Cited 908 times
... FAY, Circuit Judge: This case involves a complaint filed pursuant to the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq. The district court granted summary judgment for the employer, holding that the employee had failed to comply with the applicable statute of limitations ...
354 F.3d 632 (2004) | Cited 898 times
... ARGUED SEPTEMBER 3, 2003 On October 22, 2001, Thomas Flannery filed his first charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"). He alleged age and disability discrimination by his former employer, Recording Industry Association of America ("RIAA"), in violation of ...
157 F.3d 1030 (1998) | Cited 892 times
... Appeal from the United States District Court for the Southern District of Texas Paul Larson, a state prisoner, appeals the dismissal, for want of prosecution after failing to comply with a court order, of his pro se complaint. Finding no reversible error, we affirm. I. In a suit filed in October ...
841 F.2d 1512 (1988) | Cited 880 times
... HOLLOWAY, Chief Judge. Plaintiff Meade filed a pro se complaint on July 3, 1984 alleging physical violence and denial of medical care by three Oklahoma County sheriffs, and emotional distress. The complaint also named several Oklahoma state and county officials as defendants. Meade amended his ...
118 S.Ct. 2275 (1998) | Cited 877 times
... Opinion of the Court FARAGHER v. BOCA RATON ____ U. S. ____ (1998) NOTICE: This opinion is subject to formal revision before publication in the preliminary print of the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, ...
112 F.3d 191 (1997) | Cited 877 times
... ROBERT M. PARKER, Circuit Judge: Lee Andrew Siglar, II, Texas prisoner # 96054477 ("Siglar"), filed a civil rights action pursuant to 42 U.S.C. § 1983 against Warden Elvis C. Hightower ("Hightower") and Corrections Officers Ejike S. Nwose ("Nwose"), James L. Alexander ("Alexander") and Melissa ...
433 F.3d 889 (2006) | Cited 871 times
... Argued October 7, 2005 Before: ROGERS and BROWN, Circuit Judges, and WILLIAMS, Senior Circuit Judge. Plaintiff Christine Holcomb filed suit against her employer, the Federal Deposit Insurance Corporation (FDIC), alleging two violations of Title VII of the Civil Rights Act of 1964: first, ...
165 F.3d 803 (1999) | Cited 828 times
... PUBLISH Plaintiff, a pro se prisoner who is HIV positive, 1 appeals the district court's dismissal of his civil rights action 2 seeking redress for (1) being required to wear a face mask whenever he leaves his cell; (2) being denied all outdoor exercise for more than nine months; and (3) being ...
284 F.3d 1234 (2002) | Cited 827 times
... [PUBLISH] Non-Argument Calendar William A. Dupree, a state prisoner, appeals the district court's order dismissing his pro se 42 U.S.C. § 1983 civil rights complaint. The district court dismissed Dupree's complaint without prejudice under the three strikes provision of 28 U.S.C. § 1915(g) without ...
45 F.3d 1310 (1995) | Cited 823 times
... POOLE, Circuit Judge: In this 42 U.S.C. § 1983 action, the district court entered a permanent injunction in favor of inmates at five Kern County jails. The inmates, who are pretrial detainees and convicted prisoners, appeal the district court's refusal to enjoin prison officials from placing ...
313 F.3d 758 (2002) | Cited 816 times
... Argued: June 21, 2002 As amended January 24, 2003 Plaintiff-appellant Marc Andrew Mario appeals from a judgment of the United States District Court for the Western District of New York (Richard J. Arcara, Judge) dismissing his complaint against his employer, defendant-appellee P&C Food Markets, ...
156 F.3d 1284 (1998) | Cited 807 times
... Argued in banc May 13, 1998 Appeal from the United States District Court for the District of Columbia (No. 94cv01281) Opinion for the Court filed by Circuit Judge Wald. Dissenting Opinion filed by Circuit Judge Henderson, with whom Silberman, Williams and Ginsburg, Circuit Judges, join. ...
58 F.3d 439 (1995) | Cited 804 times
... PREGERSON, Circuit Judge: Plaintiff William Earl Warren III appeals the district court's grant of summary judgment in favor of defendants, the City of Carlsbad and city employees (collectively "the City"), and the district court's grant of Fed. R. Civ. P. 11 sanctions against him and Thomas Gill, ...
357 F.3d 197 (2004) | Cited 801 times
... Submitted: November 24, 2003 In January 2002, pro se plaintiff-appellant Guy McEachin ("McEachin" or "plaintiff"), then an inmate at the Southport Correctional Facility in Pine City, New York ("Southport"), filed suit against various Southport officials in the United States District Court for the ...
251 F.3d 1346 (2001) | Cited 800 times
... As amended June 5, 2001. Jamaal Ali Bilal, a pro se prisoner, filed suit, under 42 U.S.C. § 1983, against prison officials. The district court, after providing Plaintiff with detailed instructions, invited Plaintiff to file amended complaints. The district court later denied leave to file a third ...
325 F.3d 892 (2003) | Cited 799 times
... ARGUED SEPTEMBER 19, 2002 Not every genuine difficulty on the job amounts to impermissible discrimination in violation of federal statutes. Instead, distinctions like the difference between an "adverse employment action" and lesser problems, or between an employee's actual performance and the ...
350 F.3d 1157 (2003) | Cited 786 times
... [PUBLISH] Ned Hughes appeals the district court's dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(B)(i) and (ii), of his pro se and in forma pauperis civil rights action under 42 U.S.C. § 1983 against several C ity of Mobile police officers. In his complaint, Hughes alleges that the police officers ...
260 F.3d 265 (2001) | Cited 786 times
... Argued January 25, 2001 (Filed: August 3, 2001) OPINION OF THE COURT Gertrude Abramson appeals the summary judgment granted to her former employer, William Paterson College ("WPC"), 1 against whom she filed hostile work environment, religious discrimination, and unlawful retaliation claims ...
145 F.3d 653 (1998) | Cited 779 times
... PUBLISHED Argued: May 8, 1998 Affirmed by published opinion. Judge Williams wrote the opinion, in which Judge Luttig and judge Traxler joined. Gloria W. Dowe appeals the district court's grant of summary judgment to her former employer on her claims of employment dis- crimination under 42 ...
85 F.3d 1074 (1996) | Cited 774 times
... ARGUED JANUARY 24, 1996 Filed May 30, 1996) OPINION OF THE COURT Carol Aman and Jeanette Johnson appeal from the district court's grant of summary judgment in favor of Cort Furniture Rental Corporation on their employment discrimination claims brought under Title VII of the Civil Rights Act of ...
551 F.2d 44 (1977) | Cited 768 times
... WINTER, Circuit Judge: In pro se pleadings, petitioner, incarcerated under state law, attacked the validity of the denial of his application for parole. Inter alia, he sought psychiatric and psychological treatment to render him eligible for parole. The district court treated the action as one ...
161 F.3d 1318 (1998) | Cited 764 times
... [PUBLISH] Appellant, Allen K. Standard, Jr., a Caucasian former employee of Plaster Concepts, Inc. ("Plaster Concepts") through A.B.E.L. Services Inc., brought an action against twelve defendants, five of whom were dismissed by the district court. The complaint alleges employment discrimination ...
354 F.3d 277 (2004) | Cited 760 times
... OPINION ON REHEARING EN BANC PUBLISHED Argued: May 7, 2003 Affirmed by published opinion. Judge Traxler wrote the majority opinion in which Judges Widener, Wilkinson, Niemeyer, Luttig, Williams, and Shedd joined. Judge Michael wrote a dissenting opinion in which Judges Motz, King, and Gregory ...
12 F.3d 1310 (1993) | Cited 758 times
... NIEMEYER, Circuit Judge: Donald R. Mitchell, one of four corporate managers of quality assurance for Data General Corporation, was discharged by Data General in November 1990 as part of a reduction-in-force. At the time Mitchell was 58 years old. Contending that age was a determining factor for ...