LEATHERS
v.
MILLER

U.S. | 1991-02-19
No. 90-940
498 U.S. 1109 Supreme Court of the United States (1991) Positive Treatment
Cited by 8 cases

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  • Tyvessel Tyvorus White v. State, 710 So. 2d 949 (Fla. 1998)
    …st, art. VI, cl. 2. While congress may have intended civil forfeiture to be a "powerful weapon in the war on drugs”. United States v. 141st Street Corp. by Hersh, 911 F. 2d 870, 878 (2d Cir.1990) (noting statute's legislative history), cert. denied, 498 U.S. 1109, 111 S.Ct. 1017, 112 L.Ed.2d 1099 (1991), it would, indeed, be a Pyrrhic victory for the country, if the government’s relentless and imaginative use of that weapon were to leave the constitution itself a casualty. To be valid, therefore, this warra…
  • Hudson v. McMILLIAN, 503 U.S. 1 (U.S. 1992)
    …Courts of Appeals already apply the Whitley standard to allegations of excessive force outside of the riot situation. See Corselli v. Coughlin, 842 F. 2d 23, 26 (CA2 1988); Miller v. Leathers, 913 F. 2d 1085, 1087 (CA4 1990) (en banc), cert. denied, 498 U. S. 1109 (1991); Haynes v. Marshall, 887 F. 2d 700, 703 (CA6 1989); Stenzel v. Ellis, 916 F. 2d 423, 427 (CA8 1990); Brown v. Smith, 813 F. 2d 1187, 1188 (CA11 1987). But see Unwin v. Campbell, 863 F. 2d 124, 130 (CA1 1988) (rejecting application of Whitley…
  • …nnects existing highways does not mean that it must be considered as part of a larger highway project; all roads must begin and end somewhere. Village of Los Ranchos de Albuquerque v. Barnhart, 906 F. 2d 1477, 1483-84 (10th Cir.1990), cert. denied, 498 U.S. 1109, 111 S.Ct. 1017, 112 L.Ed.2d 1099 (1991). Under Federal Highway Administration guidelines, in order to be regarded as a stand-alone project, the road must: 1) Connect logical termini and be of sufficient length to address environmental matters on a…

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