§Why CasetextPricing

Lederman v. USA, et al

Memorandum in opposition to re MOTION for Reconsideration re Memorandum & Opinion of April 13, 2007, Denying in Part Defendant's Motion to Dismiss the Second Amended Complaint MOTION for Reconsideration re Memorandum & Opinion of April 13, 2007, Denying in Part Defendant's Motion to Dismiss the Second Amended Complaint

52 Cited authorities

  1. Heck v. Humphrey

    512 U.S. 477 (1994)   Cited 29,233 times   25 Legal Analyses
    Holding that a court must dismiss a § 1983 suit if a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction or sentence

  2. Hartman v. Moore

    547 U.S. 250 (2006)   Cited 2,219 times   1 Legal Analyses
    Holding that a Bivens remedy may be available for malicious prosecution, but the plaintiff had to allege and prove lack of probable cause

  3. Pierson v. Ray

    386 U.S. 547 (1967)   Cited 5,346 times
    Holding that a good faith defense applies if the defendant held a subjective belief that was objectively reasonable that he was acting legally

  4. R.A.V. v. St. Paul

    505 U.S. 377 (1992)   Cited 1,614 times   8 Legal Analyses
    Holding the government may not "license one side of a debate to fight freestyle, while requiring the other to follow Marquis of Queensberry rules"

  5. Michigan v. Defillippo

    443 U.S. 31 (1979)   Cited 2,103 times   6 Legal Analyses
    Holding that probable cause existed for an arrest even though the ordinance at issue was later found unconstitutional

  6. Texas v. Johnson

    491 U.S. 397 (1989)   Cited 1,327 times   7 Legal Analyses
    Holding that Johnson's conviction for burning the American flag violates the First Amendment

  7. Zurcher v. Stanford Daily

    436 U.S. 547 (1978)   Cited 911 times   7 Legal Analyses
    Holding that the Fourth Amendment allows for warrants where "the owner or possessor of the place to be searched is not . . . reasonably suspected of criminal involvement"

  8. Garrison v. Louisiana

    379 U.S. 64 (1964)   Cited 1,453 times   3 Legal Analyses
    Holding that Louisiana's criminal libel law was not “narrowly drawn” because it did not require a finding of “clear and present danger” and was not limited “to speech calculated to cause breaches of the peace”

  9. Brandenburg v. Ohio

    395 U.S. 444 (1969)   Cited 999 times   8 Legal Analyses
    Holding that mere advocacy of violence is protected by the First Amendment, unless intended to incite it or produce imminent lawlessness, and rejecting the contrary rule in Whitney v. California , 274 U.S. 357, 47 S.Ct. 641, 71 L.Ed. 1095, as having been "thoroughly discredited by later decisions"

  10. Wood v. Kesler

    323 F.3d 872 (11th Cir. 2003)   Cited 633 times
    Holding that an officer could not be liable for malicious prosecution where he had probable cause to arrest the plaintiff for reckless driving

  11. Section 22-3204 - Case referral

    D.C. Code § 22-3204   Cited 630 times
    Carrying a pistol without a license

  12. Section 24-301 - Probation system; probation officers; appointment. [Repealed]

    D.C. Code § 24-301   Cited 229 times
    Setting forth the elements of, and the defendant's burden of proof in asserting, the insanity defense

  13. Section 72 - Public offices; at seat of Government

    4 U.S.C. § 72   Cited 15 times

    All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law. 4 U.S.C. § 72 July 30, 1947, ch. 389, 61 Stat. 643.

  14. Section 71 - Permanent seat of Government

    4 U.S.C. § 71   Cited 6 times

    All that part of the territory of the United States included within the present limits of the District of Columbia shall be the permanent seat of government of the United States. 4 U.S.C. § 71 July 30, 1947, ch. 389, 61 Stat. 643.

  15. Section 10-503.16 - Unlawful conduct

    D.C. Code § 10-503.16   Cited 5 times

    (a) It shall be unlawful for any person or group of persons: (1) Except as authorized by regulations which shall be promulgated by the Capitol Police Board: (A) To carry on or have readily accessible to the person of any individual upon the United States Capitol Grounds or within any of the Capitol Buildings any firearm, dangerous weapon, explosive, or incendiary device; or (B) To discharge any firearm or explosive, to use any dangerous weapon, or to ignite any incendiary device, upon the United

  16. Section 10-503.18 - Prosecution and punishment of offenses

    D.C. Code § 10-503.18   Cited 3 times

    (a) Any violation of § 10-503.16(a), and any attempt to commit any such violation, shall be a felony punishable by a fine not exceeding $5,000, or imprisonment not exceeding 5 years, or both. (b) Any violation of § 10-503.12, § 10-503.13, § 10-503.14, § 10-503.15, § 10-503.16(b), or § 10-503.17, and any attempt to commit any such violation, shall be a misdemeanor punishable by a fine not exceeding $500, or imprisonment not exceeding 6 months, or both. (c) Violations of this part, including attempts

  17. Section 1969 - Regulation of traffic by Capitol Police Board

    2 U.S.C. § 1969   Cited 2 times
    Regulating traffic only "within the United States Capitol Grounds"

  18. Section 5-133.05 - Public buildings and grounds belonging to the United States

    D.C. Code § 5-133.05   Cited 1 times

    The provisions of the several laws and regulations within the District of Columbia for the protection of public or private property and the preservation of peace and order are extended to all public buildings and public grounds belonging to the United States within the District of Columbia. D.C. Code § 5-133.05 July 29, 1892, 27 Stat. 325, ch. 320, § 15. Capitol Building and Grounds, jurisdiction and control, see § 10-503.01. Public parks, playgrounds, and reservations, regulation and control, see

  19. Section 10-503.19 - Policing

    D.C. Code § 10-503.19   Cited 1 times

    The Capitol Police shall police the United States Capitol Buildings and Grounds under the direction of the Capitol Police Board, consisting of the Sergeant at Arms of the United States Senate, the Sergeant at Arms of the House of Representatives, and the Architect of the Capitol, and shall have the power to enforce the provisions of this part, and regulations promulgated under § 10-503.25 and to make arrests within the United States Capitol Buildings and Grounds for any violations of any law of the

  20. Section 10-505.01 - Detail of personnel from Metropolitan Police to Capitol Police Board

    D.C. Code § 10-505.01

    The Mayor of the District of Columbia is authorized and directed to make such details upon the request of the Board. Personnel so detailed shall, during the period of such detail, serve under the direction and instructions of the Board and are authorized to exercise the same authority as members of such Metropolitan Police and members of the Capitol Police and to perform such other duties as may be assigned by the Board. Reimbursement for salaries and other expenses of such detail personnel shall