VITALE

v.

UNITED STATES

Citator

Cited By (40 total)

• A.H. v. State, 846 So. 2d 1215 (Fla. 5th DCA 2003)
  …hool official will be ‘justified at its inception’ when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.” New Jersey v. T.L.O., 469 U.S. 825, 341-342, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985). The state is required to elicit specific and articulable facts which, when taken together with rational inferences from those facts, reasonably warrant the intrusion. A.N.H. v. State, 832 So. 2d 170 (F…
• Pierce v. Underwood, 487 U.S. 552 (U.S. 1988)
  …, 716 F. 2d 471, 473 (CA7 1983); Foster v. Tourtellotte, 704 F. 2d 1109, 1112 (CA9 1983) (per curiam); United States v. 2,116 Boxes of Boned Beef, 726 F. 2d 1481, 1486-1487 (CA10), cert. denied sub nom. Jarboe-Lackey Feedlots, Inc. v. United States, 469 U. S. 825 (1984); Ashburn v. United States, 740 F. 2d 843, 850 (CA11 1984). To be “substantially justified” means, of course, more than merely undeserving of sanctions for frivolousness; that is assuredly not the standard for Government litigation of which a…

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• Ralph E. Nishiyama and wife v. Dickson Cnty., 814 F.2d 277 (6th Cir. 1987)
  …rmant accompanied a murderer of plaintiff’s brother no constitutional cause of action was asserted against FBI supervisors because “no special relationship” between the parties gave rise to a constitutional duty to provide protection), cert. denied, 469 U.S. 825, 105 S.Ct. 104, 83 L.Ed.2d 48 (1984); Bowers v. DeVito, 686 F. 2d 616, 618 (7th Cir.1982) (holding: “[TJhere is no constitutional right to be protected by the state against being murdered by criminals or madmen.”). The Eleventh Circuit has noted: R…