Civil trial for former Ohio U. student set for next year

University Wire;  February 18, 1999 ;   Jenny Applegate;   390 words ......discrimination, deprivation of constitutional rights, due process violation, breach of contract, defamation and negligence. Mallory...Carpinelli with deprivation of constitutional rights, due process violation and negligence but, according to a motion, would drop Carpinelli...

Petitions filed for dismissal of Ohio U. student's lawsuit

University Wire;  January 8, 1999 ;   Jenny Applegate;   436 words ......discrimination, deprivation of constitutional rights, due process violation, breach of contractual or advantageous relations, negligence...discrimination, deprivation of constitutional rights, due process violation and negligence. Mallory is suing Woodruff, Carfrey and...

Landowner Had Property Interest in Rezoning.(Brief Article)

Land Use Law Report;  May 24, 2000 ;     625 words ......that would support a substantive due process violation claim after the city downzoned the...damages for an alleged substantive due process violation and regulatory taking. Both sides...judgment. To establish a substantive due process violation, the court observed, the plaintiff...

With its decision last year.(Slants & Trends)(Brief Article)

Land Use Law Report;  November 3, 2004 ;     71 words ......other federal appeals courts in holding zoning officials' actions must be truly egregious to support a substantive due process violation claim (see story, p. 174). A developer's chance of winning such a case within the 3rd Circuit's jurisdiction now appears...

Former Ohio U. student will appeal ruling

University Wire;  October 5, 2001 ;   Stephanie Corbin;   427 words ......discrimination, deprivation of constitutional rights, due process violation, breach of contract, defamation and negligence. Mallory...Carpinelli with deprivation of constitutional rights, due process violation and negligence. The charges against Carpinelli were dismissed...

Law enforcement shielded from tort lawsuits in hot pursuit chases

Sheriff;  July 1, 1998 ;   Weintraub, Richard M;   459 words ......conduct that "shocks the conscience" and rises to a due process violation of an individual's rights. Phillip Lewis, a passenger on...Amendment requires law enforcement to justify finding a due process violation when unintended injuries occur after an officer pursues...

Supreme Court affirms limits on local liability for high speed...

Nation's Cities Weekly;  June 1, 1998 ;   Tabin, Barrie;   607 words ......determined that an action could give roe to a substantive due process violation only if it goes so far as to shock the-conscience. According...shock-the conscience and there could be no substantive due process violation on the part of the officer. NLC, in cooperation with the...

Location restrictions did not violate gun shop owner's rights.

Land Use Law Report;  February 8, 2006 ;     632 words ......treating a retail gun shop differently. To establish a due process violation, Koscielski would have to prove the zoning ordinance was...Assuming that to be true, Koscielski did not establish a due process violation. The city produced a list of addresses that would permit...

Rezoning did not violate developer's rights.

Land Use Law Report;  November 2, 2005 ;     742 words ......rezoning at its regular meeting May 3, 1999. No Procedural Due Process Violation Maple challenged the validity of the ordinance before the...recognized in other cases to constitute a substantive due process violation. The court's opinion is available from BPI's DocuDial service...

Ex Parte Contacts in Appeal Violated Due Process.(Brief Article)

Land Use Law Report;  August 16, 2000 ;     634 words ......that the receipt of telephone calls did not create a due process violation because the hearing cured any improper influence from the...fact-gathering session without proper notice, a clear due process violation. Because the substance of the telephone calls the council...

What's happening in.... (developments in law, surveyed by International...

Defense Counsel Journal;  July 1, 1997 ;   Wheeler, Thomas E. Irick, Joan Fullam Hummer, Paul M. Sutherland, Lewis Nunnally, Knox Schwartz, Charles Hamilton, Thomas M. Dameris, Thad T. Mucchetti, Michael J.;   787 words ......traditionally governed by state law, and thus no substantive due process violation was pleaded, and the federal claims were properly dismissed...plaintiff is claiming a constitutional substantive due process violation. More is required to state a claim for a constitutional...

Future Rent Adjustment Precludes Due Process Violation Damages.(trailer...

Land Use Law Report;  March 14, 2001 ;     785 words ......with the field of public utilities regulation suggested that delay in an upward adjustment of rents does not rise to a due process violation. Kavanau implies that a system of rent regulation flexible enough to adjust rates to compensate for delay does not inflict...

Prosecutors rebut judge on executions; Reject argument of 'due process'...

The Washington Times;  May 17, 2002 ;     557 words ...Byline: Frank J. Murray, THE WASHINGTON TIMES Federal prosecutors yesterday broke their silence on a federal judge's ruling that the death penalty never again could be constitutional, filing a scathing reply that attacked the judge's logic, his timing and his reading of the law and the

JUDGE RULES AGAINST LARRY'S NIGHTCLUB NO `DUE PROCESS' VIOLATION SEEN IN...

Seattle Post-Intelligencer (Seattle, WA);  January 24, 2006 ;   Castro, Hector;   693 words ...Byline: HECTOR CASTRO P-I reporter Larry's Nightclub, the beleaguered Pioneer Square nightspot that has been the poster child of night-life problems, lost its latest effort to serve alcohol and keep the business alive. The club's liquor license was suspended in an emergency action by the state

5th Circuit: Extended lockdown is due process violation

Corrections Digest;  May 16, 2003 ;   Anonymous;   263 words ...Confinement of inmates in extended lockdown by prison officials is a violation of due process rights in the 5th circuit. Robert Wilkerson, Albert Woodfox and Herman Wallace were placed in lockdown at the Louisiana State Penitentiary for a period of 30 years. They remained alone in 60-foot cells for