KIRCHNER

v.

KIRCHNER

Citator

Cited By (53 total)

• United States v. Savaiano, 843 F.2d 1280 (10th Cir. 1988)
  …section 846 need not allege overt acts,” but we held that it was essential to prove the completion of “an overt act by one or more of the conspirators.” However, in Timberlake v. United States, 767 F. 2d 1479, 1481-82 (10th Cir.1985), cert. denied, 474 U.S. 1101, 106 S.Ct. 882, 883, 88 L.Ed.2d 918 (1986), we held that an overt act was not required under an identical drug enforcement conspiracy statute, 21 U.S.C. § 963. The dissent in Timber-lake, which addresses another point, also acknowledges that Congres…
• Herrington v. Cnty. OF Sonoma, 834 F.2d 1488 (9th Cir. 1987)
  …precluded from challenging the substance of the liability instructions, even if "plain error" was present, because it made no objections to these instructions at trial. Brocklesby v. United States, 767 F. 2d 1288, 1293 (9th Cir.1985), cert. denied, 474 U.S. 1101, 106 S.Ct. 882, 88 L.Ed.2d 918, (1986); Pierce Packing Co. v. John Morrell & Co., 633 F. 2d 1362, 1365 (9th Cir.1980); Calhoun v. United States, 591 F. 2d 1243, 1246 (9th Cir.1978), cert. denied, 439 U.S. 1118, 99 S.Ct. 1025, 59 L.Ed.2d 77 (1979); M…
• Raymon J. Melton v. City OF Okla. City, 879 F.2d 706 (10th Cir. 1989)
  …ty protection provided by Harlow. Since good faith immunity precludes liability for actual damages, we find no basis for a punitive damage award on the First Amendment claim. Cf. Lavicky v. Burnett, 758 F. 2d 468, 477 (10th Cir.1985), cert. denied, 474 U.S. 1101, 106 S.Ct. 882, 88 L.Ed.2d 917 [*733] (1986) (no punitive damage award where issue should not have been submitted to jury in the first place). With respect to the property interest claim (retired officer status), we have held that only the City and…