ZYLSTRA

v.

UNITED STATES

Citator

Cited By (54 total)

• Lewis v. Smith, 855 F.2d 736 (11th Cir. 1988)
  …ciplinary action, and that the documents submitted to them on appeal exhibited facial due process violations of which they should have been aware. This finding is not clearly erroneous. See King v. Higgins, 702 F. 2d 18, 21 (1st Cir.), cert. denied, 464 U.S. 965, 104 S.Ct. 404, 78 L.Ed.2d 344 (1983) (prison superintendent, as the official designated to hear prisoners’ appeals and who had a duty to conduct an investigation to determine whether there was any merit to plaintiff’s appeal, and who received repor…
• United States v. Caporale, 806 F.2d 1487 (11th Cir. 1986)
  …n furtherance of the conspiracy pursuant to Fed.R. Evid. 801(d)(2)(E).28 See United States v. [*1512] Cannington, 729 F. 2d 702, 711 (11th Cir.1984); United States v. Peacock, 654 F. 2d 339, 350 (5th Cir.1981), on reh’g, 686 F. 2d 356, cert. denied, 464 U.S. 965, 104 S.Ct. 404, 78 L.Ed.2d 344 (1983). Milano, Sr.’s statements to Milano, Jr., are not hearsay under the same rationale. A statement made by a co-conspirator is admissible if evidence independent of hearsay statements shows that a conspiracy existe…
• Bonitz v. Fair, 804 F.2d 164 (1st Cir. 1986)
  …nsidered unreasonable by the then-prevailing case law. For a legal norm to be clearly established, it does not require “specific judicial articulation.” Blackburn, 771 F. 2d at 570 (quoting King v. Higgins, 702 F. 2d 18, 20 (1st Cir.), cert. denied, 464 U.S. 965, 104 S.Ct. 404, 78 L.Ed.2d 344 (1983)).9 As the Court stated in Mitchell, an official is not always “immune from liability or suit for a warrantless search merely because the warrant requirement has never explicitly been held to apply to a search co…