INDORATO
v.
UNITED STATES

U.S. | 1980-12-01
No. 80-5417
449 U.S. 1016 Supreme Court of the United States (1980) Positive Treatment
Cited by 10 cases

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  • Hobson v. Wilson, 737 F.2d 1 (D.C. Cir. 1984)
    …436 U.S. 658, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). There is no indication that the municipality impliedly or tacitly approved, authorized or encouraged such conduct by its employees, see Turpin v. Mailet, 619 F. 2d 196, 201 (2d Cir.), cert. denied, 449 U.S. 1016, 101 S.Ct. 577, 66 L.Ed.2d 475 (1980), or that any person of sufficient seniority that his or her “edicts or acts may fairly be said to represent official policy,” Monell, 436 U.S. at 694, 98 S.Ct. at 2037, ordered such activities. Plaintiffs have f…
  • Cleo R. Herrera v. Valentine, 653 F.2d 1220 (8th Cir. 1981)
    …gated to prove, by a preponderance of the evidence, that the City breached a duty owed to her and that that breach proximately caused the deprivation of her constitutional rights. See Turpin v. Mailet, 619 F. 2d 196, 201-202 (2d Cir.), cert. denied, 449 U.S. 1016, 101 S.Ct. 577, 66 L.Ed.2d 475 (1980); McClelland v. Facteau, 610 F. 2d 693, 695-697 (10th Cir. 1979). In order to prove her case, Yellow Bird had to establish that the City had notice of prior misbehavior and that its failure to act upon such know…
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  • United States v. Martino, 759 F.2d 998 (2d Cir. 1985)
    …dence herein, we hold that it was within the discretion of the trial court to determine whether or not to give the requested instruction as it related to consciousness of guilt. United States v. Indorato, 628 F. 2d 711, 720 (1st Cir.), cert. denied, 449 U.S. 1016, 101 S.Ct. 578, 66 L.Ed.2d 476 (1980). “We have sanctioned the giving of this charge in criminal cases ... on the issue of guilt, [citation omitted] [*1006] However, we have never held it error not to give the charge.” Fernandez v. Fitzgerald, 711 F…

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