MOORE

v.

LAVICKY

Citator

Cited By (44 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…
• 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…
• Cheryll Gray v. Lacke, 885 F.2d 399 (7th Cir. 1989)
  …t to engage in free speech.” Phares v. Gustafsson, 856 F. 2d 1003, 1009 (7th Cir.1988); see Belk v. Town of Minocqua, 858 F. 2d 1258, 1262 & n. 5 (7th Cir.1988); Day v. South Park Indep. School Dist., 768 F. 2d 696, 701 (5th Cir.1985), cert. denied, 474 U.S. 1101, 106 S.Ct. 883, 88 L.Ed.2d 918 (1986). Therefore, in deciding whether a public employer has wrongfully deprived an employee of his right to petition the government, our inquiry must begin with whether the petition touched upon a matter of public co…