HAIG ET AL.
v.
BISSONETTE ET AL.

U.S. | 1988-03-21
No. 86-987
The Chief Justice, Justice O’Connor, Justice Scalia, and Justice Kennedy took no part in this decision.
485 U.S. 264 Supreme Court of the United States (1988) Positive Treatment
Also reported at: 99 L. Ed. 2d 288 · 108 S. Ct. 1253 · 1988 U.S. LEXIS 1317 · SCDB 1987-047
Cited by 14 cases

Per_curiam
Per Curiam.

Per Curiam.

Because the Court lacks a quorum, 28 U. S. C. § 1, and since a majority of the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court, the judgment of the United States Court of Appeals for the Eighth Circuit is affirmed under 28 U. S. C. § 2109, which provides that under these circumstances the Court shall enter its order affirming the judgment of the court from which the case was brought for review with the same effect as upon affirmance by an equally divided Court.

The Chief Justice, Justice O’Connor, Justice Scalia, and Justice Kennedy took no part in this decision.


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  • Fanny M. Riley v. Newton, 94 F.3d 632 (11th Cir. 1996)
    …t, we remand with directions to enter judgment in their favor. AFFIRMED in part, REVERSED in part. . The Eighth Circuit also considered the Act in Bissonette v. Haig, 776 F. 2d 1384 (8th Cir.1985); aff'd en banc, 800 F. 2d 812 (8th Cir.1986), aff'd, 485 U.S. 264, 108 S.Ct. 1253, 99 L.Ed.2d 288 (1988). In that case, plaintiffs sought damages based on federal officials’ alleged violation of the Fourth Amendment in connection with the occupation of the village of Wounded Knee by federal authorities, includin…
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  • Davis v. Little, 851 F.2d 605 (2d Cir. 1988)
    …6th Cir.1987) (1981 incident); the Seventh, Lester v. City [*610] of Chicago, 830 F. 2d 706, 711 (7th Cir.1987) (1979 incident); the Eighth, Bissonette v. Haig, 776 F. 2d 1384, 1387 (8th Cir.1985) (1973 incident), aff'd, by lack of quorum, — U.S. —, 108 S.Ct. 1253, 99 L.Ed.2d 288 (1988); the Ninth, Smith v. City of Fontana, 818 F. 2d 1411, 1416 (9th Cir.) (1982 incident), cert. denied, — U.S. —, 108 S.Ct. 311, 98 L.Ed.2d 269 (1987); and the Tenth, Ryder v. City of Topeka, 814 F. 2d 1412, 1416-18 (10th Cir.198…
  • Mitchell v. City OF Sapulpa, 857 F.2d 713 (10th Cir. 1988)
    …Bissonette v. Haig, 776 F. 2d 1384, 1386-87 (8th Cir.1985) {Garner supports view that otherwise permissible search or seizure may be rendered unreasonable if interests against seizure outweigh interests in favor), aff'd by lack of quorum, — U.S. -, 108 S.Ct. 1253, 99 L.Ed.2d 288 (1988); Jamieson v. Shaw, 772 F. 2d 1205 (5th Cir.1985) (applying Garner to traffic stop made without probable cause, resulting in injury to passenger); Kibbe v. City of Springfield, 777 F. 2d 801, 808 (1st Cir.1985) (Garner applied…

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