HEFFERNAN

v.

THOMS

Citator

Cited By (23 total)

• Baxter v. Palmigiano, 425 U.S. 308 (U.S. 1976)
  …ined counsel within the hearing.” 487 F. 2d 1280, 1292 (1973). We granted certiorari, vacated the judgment of the Court of Appeals, and remanded to that court for further consideration in light of Wolff v. McDonnell, supra, decided in the interim. 418 U. S. 908 (1974). On remand, the Court of Appeals affirmed its prior decision but modified its opinion. 510 F. 2d 534 (1974). The Court of Appeals held that an inmate at a prison disciplinary proceeding must be advised of his right to remain silent, that…
• Morris v. Travisono, 528 F.2d 856 (1st Cir. 1976)
  …made out here for us to make an exception to Rule 51. We are well aware that this case involves the complex and combustible area of prison control and discipline, see Palmigiano v. Baxter, 487 F. 2d 1280, 1283 (1st Cir. 1973), vacated and remanded, 418 U.S. 908, 94 S.Ct. 3200, 41 L.Ed.2d 1155, on reconsideration, 510 F. 2d 534 (1974), cert. granted, 421 U.S. 1010, 95 S.Ct. 2414, 44 L.Ed.2d 678 (1975), but we cannot overlook basic procedural rules [*860] because of the identity of the parties or because of…
• Marshall v. Gibson's Prods., 584 F.2d 668 (5th Cir. 1978)
  …r granted nor denied. Cf. Thoms v. Heffernan, 473 F. 2d 478 (2d Cir. 1973) (where district court “forbears” to enter injunction and merely declares act unconstitutional, appeal is properly to court of appeals), vacated and remanded on other grounds, 418 U.S. 908, 94 S.Ct. 3199, 41 L.Ed.2d 1154 (1974). Moreover, no appeal was taken from the dismissal of the counterclaim; the only issue on appeal is the propriety of the dismissal of the Secretary’s petition, which, of course, seeks to enjoin no act of Congre…