BROOKENS

v.

FEDERAL LABOR RELATIONS AUTHORITY

Citator

Cited By

• Nelson v. Campbell, 541 U.S. 637 (U.S. 2004)
  …derlying offense.’” Ibid, (quoting 28 U. S. C. §2244(b)(2)(B)(ii)). Thus, the Eleventh Circuit held that petitioner was without recourse to challenge the constitutionality of the cut-down procedure in Federal District Court. We granted certiorari, 540 U. S. 1046 (2003), and now reverse. II A Section 1983 authorizes a “suit in equity, or other proper proceeding for redress,” against any person who, under color of state law, “subjects, or causes to be subjected, any citizen of the United States ... to the…
• Pa. State Police v. Suders, 542 U.S. 129 (U.S. 2004)
  …t the PSP was “precluded from asserting the affirmative defense to liability advanced in support of its motion for summary judgment,” the Court of Appeals remanded Suders’ Title VII claim for trial. 325 F. 3d, at 461. This Court granted certiorari, 540 U. S. 1046 (2003), to resolve the disagreement among the Circuits on the question whether a constructive discharge brought about by supervisor harassment ranks as a tangible employment action and therefore precludes assertion of the affirmative defense articul…
• Nelson v. Donal Campbell, 377 F.3d 1162 (11th Cir. 2004)
  …PER CURIAM: Nelson filed a complaint in the district court. The district court dismissed the complaint for lack of jurisdiction. We affirmed. Nelson v. Campbell, 347 F. 3d 910 (11th Cir.2003). The Supreme Court granted certiorari, 540 U.S. 1046, 124 S.Ct. 835, 157 L.Ed.2d 692 (2003). Later, the Supreme Court reversed and remanded for further proceedings consistent with its opinion. 541 U.S. -, 124 S.Ct. 2117, 158 L.Ed.2d 924 (2004). Accordingly, the judgment of the district court is revers…