Parties and their roles:. LaChance, director, Office of Personnel Management petitioner; Erickson et al Responded
In this case a major fight broke out in the cafeteria. As officers tried to regain control of the situation, one of the prisoner’s fingers was broken. The prisoner does not have a case against the prison/officer. A broken finger is a minor, non-life threatening injury, and could have occurred while the prisoner resisted the officers. If the prisoner decides to file a petition in court, he could use the Whitley v Albers case as a precedent and the eighth Amendment’s cruel and unusual punishment along with excessive force to argue his case.
CNN reported on August 1, 2014 that 43-year-old Eric Garner died on July 17 after being confronted by police on Staten Island for allegedly selling cigarettes illegally. As police officers approached Garner he raised both hands in the air and told the officers not to touch him. Moments later, a video recording shows an officer grabbing the 350-pound man from behind in a choke hold and wrestled him to the ground, rolling him onto his stomach.
Facts: The Green family runs and owns Hobby Lobby Stores, Inc., a national arts and skills chain that has over 500 stores and they have over 13,000 employees. Other facts of the case are that the Green family has been able to organize the business around the values of the Christian faith and has explicitly expressed the desire to run the company as told by Biblical principles, one of which is the belief that the utilization of contraception is wicked. Also, the facts show that under the Patient Protection and Affordable Care Act (ACA), occupation -founded group health care plans must offer certain sorts of preventative care, for example, FDA-accepted contraceptive approaches.
In the novel A Separate Peace by John Knowles, Gene Forrester inadvertently causes the death of his best friend, Finny, a tragedy which results in his premature metamorphosis from an envious and insecure teenager into a man who loves himself and therefore others. At the beginning of the novel, during the summer session at Devon School, Gene describes his feelings about Finny’s evading disciplinary action for using a tie as a belt, a dress code violation: “He had gotten away with everything. I felt a sudden stab of disappointment. That was because I just wanted to see some more excitement; that must have been it” (Knowles 28). Gene is tired of Finny’s rule-breaking and is jealous of Finny’s powers of persuasion. Gene seems ashamed of his feelings and tries to
Johnson v. McIntosh was a title dispute over acres of land in present-day Illinois. The case, decided by the U.S. Supreme Court under Chief Justice John Marshall in 1823, turned on the question of whether or not Native Americans had the right to transfer land title by sale to private citizens. Like many cases that determined the rights of Native Americans, the litigants were non-native whites. The inquiry “therefore, is in a great measure, confined to the power of Indians to give, and of private individuals to receive, a title which can be sustained in the Courts of this country” (pg. 13). In finding for the defendant McIntosh, the court ruled that the nature of Indian title is such that Indians can only transfer title to the federal government.
Before taking a look at this case, think about the following questions. Do students have the same rights under the 4th amendment as adults?, What are students’ rights while being searched on school grounds?, and What guidelines do administrators and teachers need to follow as a result of New Jersey v. T.L.O? The case of New Jersey vs T.L.O involved two freshmen high schoolers who were caught using narcotics in the restroom by a teacher. The teacher took the students to the principal who then asked the students about the incident. The principal tried to make them confess to possessing marijuana but only one of the two girls came out as guilty and took the consequences. The other girl, T.L.O, however decided to plead herself as being innocent of any such crime.
Facts: A high school freshman (T.L.O) had her purse searched by the Assistant Vice Principal at her school because a teacher found her and another student smoking in the lavatory. The Assistant Vice Principal uncovered cigarettes and marijuana.
The first amendment of our Constitution states that we as citizens have the right to freedom of speech, granting us the right to express ourselves as individuals without interference or constraint from the government. But does this right apply to students in your average public school?
In 1945, the High Court of Australia heard the case of Gratwick v Johnson and ultimately decided to dismiss the appeal in a unanimous decision by the Judges. While different reasoning was employed, all five judges drew the conclusion that the appeal should be dismissed as the statute the defendant was charged under was inconsistent with s.92 of the Australian Constitution.
when Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional
Emmett Till, a young black boy of Mississippi, was murdered by Roy Bryant and John W. Milam in August of 1955. The notorious case drew in a crowd of more than a thousand people, all attentive to the decision on whether or not to indict the accused men. However, by the ruling of an all-white-man jury, Bryant and Milam were acquitted on all charges. This decision sparked a national outcry from the African American population, and ultimately fueled the flames to Black Civil Rights in the South. Despite racial barriers established in America, Bryant, Milam, and the town of Sumner, Mississippi recognized the extinguished life of a human being, not just a negro boy, evidenced through the website famous murder trials by Douglas O. Linder.
“Shipp”). He was taken outside to the chants of the rest of the mob and was then marched to the Tennessee River, where he was thrown in (Pfeifer, “Historic”; “Shipp”). After waiting a couple minutes, Johnson was pulled up (Pfeifer, “Historic”). There were signs of life from Johnson, so the mob shot him (Pfeifer, “Historic”). His last words were: “God bless you all. I am innocent” (Pfeifer, “Historic”; “Shipp”). After the death of Ed Johnson, there was much protest from the blacks in the community (“Shipp”). As a result, the mayor of Chattanooga closed all saloons and deputized 200 men (“Shipp”). Even people outside of Chattanooga were affected by Johnson’s death (Pfeifer, “Historic”; “Shipp”). The Supreme Court was shocked and infuriated (Pfeifer, “Historic”). Justice Harlan stated that an order by the Supreme Court had not been obeyed by a community for the
I would use Westlaw as my source to locate statutes and information to assist in my representation of the case. To begin my research on Mr. Newhouse’s slip and fall case, I would go into Westlaw, select “State Materials”, “Michigan”, and then “Michigan Statutes and Court Rules.” From this page, I would type in the search bar “premises liability.” In the top right hand corner under secondary sources, there is a result that populated titled § 7.Premises liability.
The court cases Goldberg and Wheeler do not stand for the proposition that only welfare benefits for people in extreme circumstances are entitled to pre-termination hearings. However, this is one situation where cutting off benefits with little or no notice could affect the well-being of the family or person. Any programs that offer they type of assistance people rely on to survive could benefit from pre-termination hearings, not just the welfare program.