DISTRICT OF COLUMBIA ET AL.

v.

MOORE ET AL.

Citator

Cited By

• Corn v. City OF Lauderdale Lakes, 997 F.2d 1369 (11th Cir. 1993)
  …ltimate determination of whether an action is arbitrary and capricious, is plenary. See In re Grand Jury Subpoena, 957 F. 2d 807, 809 (11th Cir.1992); Stephens v. Department of Health and Human Servs., 901 F. 2d 1571, 1573 (11th Cir.), cert. denied, 498 U.S. 998, 111 S.Ct. 555, 112 L.Ed.2d 562 (1990). The same is true of the legislative immunity issue. III. DISCUSSION OF THE LIABILITY ISSUE The district court’s holding, that the City’s refusal to permit Corn to proceed with construction of a 900-unit mini…
• LEE v. Hughes, 145 F.3d 1272 (11th Cir. 1998)
  …th and Human Servs., 901 F. 2d 1571, 1575 (11th Cir.) (holding that CSRA precluded Bivens claim for damages for allegedly prohibited personnel practice where, under the CSRA, the OSC refused to petition MSPB with plaintiffs complaint), cert. denied, 498 U.S. 998, 111 S.Ct. 555, 112 L.Ed.2d 562 (1990). Most notably, this court has recognized Fausto as “emphatically and conclusively establishing] the preemptive nature of the CSRA.” Id. In Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 4…
• Hardison v. Cohen, 375 F.3d 1262 (11th Cir. 2004)
  …in a Bivens action when (1) the plaintiff has no alternative means of obtaining redress and (2) no “special factors counseling hesitation” are present. Stephens v. Dep’t of Health & Hum. Servs., 901 F. 2d 1571, 1575-76 (11th Cir.1990), cert. denied, 498 U.S. 998, 111 S.Ct. 555, 112 L.Ed.2d 562 (1990). Those special factors “include an appropriate judicial deference” toward the will of Congress: “When the design of a Government program suggests that Congress has provided what it considers adequate remedial…