Case law

Leonard Campbell v. Anderson McGruder Superintendent, Detention Services, (Two Cases)

580 F.2d 521 · Court of Appeals for the D.C. Circuit · Mar 30, 1978

conditions of pretrial imprisonment are virtually indistinguishable from those of punishment is only to restate the paradox of pretrial detention. *531 The hard fact is that the presumption of innocence is in this context qualified … of local government — unless those prerogatives translate into total immunity from federal judicial review.

Donald W. Riegle, Jr., Member, U. S. Senate v. Federal Open Market Committee

656 F.2d 873 · Court of Appeals for the D.C. Circuit · Jun 24, 1981

In short, although there is room for argument as to whether Senator Riegle clearly satisfies all requirements of the most stringent version of the Supreme Court’s standing test, we think it reasonable to hold that he has … of the United States, open market trading, and prime rates. *882 When a congressional plaintiff brings a suit involving circumstances in which legislative redress is not available or a private plaintiff would likely not qualify

Washington Legal Clinic for the Homeless v. Marion S. Barry, Jr., Mayor of the District of Columbia

107 F.3d 32 · Court of Appeals for the D.C. Circuit · Jun 12, 1997

To have a property interest in a government benefit, “a person clearly must have more than an abstract need or desire for [the benefit]. He must have more than a unilateral expectation of it. … Kelly, 397 U.S. 254, 262 , 90 S.Ct. 1011, 1017-18 , 25 L.Ed.2d 287 (1970), for example, the Supreme Court held that because persons meeting state AFDC eligibility standards automatically qualified for benefits, eligible individuals

United States v. Singleton, Carlos T.

182 F.3d 7 · Court of Appeals for the D.C. Circuit · Jun 25, 1999

The Act establishes procedures for each form of release, as well as for temporary and pretrial detention. Detention until trial is relatively difficult to impose. … Section 3142(f) implicitly recog- __________ possession of burglar's tools could qualify as violent offenses be- cause they often occur contemporaneously with a violent offense, such as burglary. See, e.g., Va.

Robert James Richards v. Milton Stanley Mileski (Two Cases)

662 F.2d 65 · Court of Appeals for the D.C. Circuit · Aug 21, 1981

The critical question is not whether the appropriate period is one year or three years, since Richards will qualify or fail under either standard. … Our discomfit is not a valid reason, however, for rearranging the statutory limits on Richards’ cause of action by refusing to employ the doctrine of tolling in a case where it clearly applies.

Richard L. Waters v. Richard Thornburgh

888 F.2d 870 · Court of Appeals for the D.C. Circuit · Oct 31, 1989

As Waters argued, “bar examination proceedings are uniquely immune” to attempts at witness influence. Reply Brief for Appellant at 11. … Moreover, Alexander turned on the intentional or willful element of the claim, and adds nothing to this court’s clearly-established precedent on that issue; Me-rola turned on plaintiff’s failure to show "adverse effect,”

United States v. Johnnie L. Peterson

509 F.2d 408 · Court of Appeals for the D.C. Circuit · Dec 27, 1974

Appellant argues that if this Court strains to find that the errors in the charge were nonprejudicial, it will forego the opportunity to establish clearly what the proper instruction should be for use in future cases involving … We believe that we have established the type of instruction contemplated by that rule.

Association of National Advertisers, Inc. v. Federal Trade Commission

627 F.2d 1151 · Court of Appeals for the D.C. Circuit · Jun 16, 1980

The requirements of due process clearly recognize the necessity for rulemakers to formulate policy in a manner similar to legislative action. … The importance and legitimacy of rulemaking procedures are too well established to deny administrators such a fundamental tool.

Tex. Children's Hosp. v. Azar

315 F. Supp. 3d 322 · Court of Appeals for the D.C. Circuit · Jun 1, 2018

The 2008 Rule Clearly Defines "Uncompensated Care" and "Costs Incurred" in Such a Way that Precludes Defendants' Interpretation. … The first factor clearly suggests that FAQ 33 is a legislative rule.

Farley v. Abbetmeier

114 F.2d 569 · Court of Appeals for the D.C. Circuit · Jun 17, 1940

This tender, however, was qualified by the provisions that no such restoration should constitute a waiver of any defense the United States or the defendant might have as to any claim for compensation for past services, and … As to the former,- it clearly appears that plaintiffs have failed to exhaust a plain and, in view of our conclusion concerning defendant’s authority, adequate remedy by appeal to defendant in accordance with established departmental

American Association of Marriage and Family Counselors Inc. v. Harold Brown, Secretary of Defense

593 F.2d 1365 · Court of Appeals for the D.C. Circuit · Feb 21, 1979

the treatment of “nervous, mental, and chronic conditions.” 2 Pri- or to 1975, regulations permitted compensation for such treatment regardless of whether it was performed by a medical doctor or by another professionally qualified … We do note, however, that the effect of the government’s position might be the restriction, if not the elimination, of the seemingly well-established “common benefit” exception.

Action for Children's Television v. Federal Communications Commission

852 F.2d 1332 · Court of Appeals for the D.C. Circuit · Jul 29, 1988

We hold that “serious merit” need not, in every instance, immunize indecent material from FCC channeling authority. … Such a rule would present a clearly-stated position enabling broadcasters to comprehend what is expected of them and to conform their conduct to the legal requirement.

Alabama Power Company v. Douglas M. Costle, as Administrator, Environmental Protection Agency, Sierra Club, Intervenors.

636 F.2d 323 · Court of Appeals for the D.C. Circuit · Apr 21, 1980

If, however, the source is an established operation, a more realistic assessment of its impact on ambient air quality levels is possible, and thus is directed. 42 *380 Petitioners rail against this qualified “snapshot” approach … Some inherently must rely on case-by-case technical judgments by qualified scientists.

League of Women Voters v. Brian Newby

838 F.3d 1 · Court of Appeals for the D.C. Circuit · Sep 26, 2016

As the Tenth Circuit observed, “[t]his is-one of those instances in which the dissent clearly tells us what the law is not.” Ko-bach, 772 F.3d at 1188 . … The Newby Decisions, as discussed, make it substantially more difficult for groups like the Leagues' to register otherwise *13 qualified voters.

Ass'n of American Publishers, Inc. v. Governors of the United States Postal Service

485 F.2d 768 · Court of Appeals for the D.C. Circuit · Jun 26, 1973

The Act directs that the Postal Rate Commission determine rates in accordance with certain guidelines. 4 The most concrete of these, section 3622(b)(3), establishes the requirement that each class of mail or type of mail … class of mail according to its ability to pay, or what *406 kind of an increase it got last time, or its ‘social acceptability,’ then Congress is clearly better qualified to make such judgments than the Postal Service or

Sara Aviel v. Sergio Gor

Court of Appeals for the D.C. Circuit · Jun 5, 2025

And in any event, Marocco would not have qualified for such a designation. See id. § 3345(a). … Under these well-established principles, the President’s removal of Aviel was lawful.

United States v. Frank Ricardo Scott, A/K/A "Reds," United States of America v. Bernis Lee Thurmon, A/K/A Benjamin Thornton

516 F.2d 751 · Court of Appeals for the D.C. Circuit · Jul 25, 1975

James, 2 wherein this court established standards for assessing compliance with the minimization requirement. … Be that as it may, they were heavily used in the narcotics “business” and the fact that they were located in residences does not immunize them from a court ordered interception.

Am. Freedom Defense Initiative v. Wash. Metro. Area Transit Auth.

901 F.3d 356 · Court of Appeals for the D.C. Circuit · Aug 17, 2018

And we have held that WMATA is an arm of the state for sovereign immunity purposes. See Morris v. WMATA, 781 F.2d 218, 224 (D.C. … Cir. 1986) (Maryland and Virginia “conferred their eleventh amendment immunities upon WMATA” by signing compact creating WMATA).

Nat'l Indus. for the Blind v. Dep't of Veterans Affairs

296 F. Supp. 3d 131 · Court of Appeals for the D.C. Circuit · Nov 7, 2017

Despite the broad discretion afforded to the courts in granting a stay, it is well established that a stay pending the resolution of unrelated legal proceedings is an extraordinary remedy. … Thus, the balance of the harms clearly weighs in Plaintiffs' favor vis-à-vis the government.

Thomas Henry Carter v. United States of America

407 F.2d 1238 · Court of Appeals for the D.C. Circuit · Dec 13, 1968

makes application for reemployment within ninety days after he is relieved from such training and service * * * (A) if such position was in the employ of the United States Government, * * * such person shall- — (i) if still qualified … Since Carter denies making even this somewhat ambiguous statement, a triable issue of fact is clearly raised. Carter also alleges: “Throughout the interview and the preparation of the memorandum, Mr.