Supreme Court Will Not Reexamine Doctrine That Shields Police In Misconduct Suits
Appointed by President Warren G. Harding, Chief Justice William H. Taft is the only individual to have served as both the President of the United States (1909 – 1913) and Chief Justice of the U.S. Charles Hughes was nominated to be the eleventh Chief Justice by President Herbert Hoover in 1930. Chief Justice Hughes had been the Republican nominee for the 1916 U.S. presidential election, dropping by a small margin to Woodrow Wilson, and he had also served as an associate justice on the U.S. The Hughes Court was identified for upholding laws defending civil rights and civil liberties, and for resisting President Franklin D. Roosevelt’s try to pack the Court in 1937 by way of the Judiciary Reorganization Bill. After the unsuccessful try to pack the Court, Justice Owen Roberts, who had previously sided with the conservative justices, started to vote with the liberal justices.
Click the case number to open the opinion within the State of Oregon Law Library Digital Collection. Search outcomes are primarily based on the case number and will show any paperwork associated with the case which are out there. The Board of Professional Responsibility (“the Board”) filed a Petition for Discipline against James MacDonald (“Attorney”) based mostly on a single grievance arising from his illustration of Michael Huddleston. Thereafter, the Board filed a petition for evaluate of the Panel’s determination in the Knox County Chancery Court.
Attorney sought evaluation on this Court, arguing that the chancery courtroom incorrectly substituted its own judgment for that of the Panel’s and abused its discretion. Upon evaluation of the record and relevant law, we reverse the chancery court’s conclusion that Attorney violated RPC three.3(b) and (c), three.4(a) and (b), and eight.four(a), and we reinstate the Panel’s dismissal of these allegations. Additionally, we maintain that the chancery court was with out authority to conclude that Attorney violated RPC eight.4(c), and this Court should deal with the Panel’s failure to make a conclusion as a dismissal of the allegation. Therefore, the Petition for Discipline in opposition to Attorney is dismissed in its entirety. Appointed by President Grover Cleveland, Melville Fuller served because the eighth Chief Justice of the U.S.
This change marked an finish to the so-referred to as Lochner era (named for the 1905 case Lochner v. New York), a interval during which the Court tended to strike down efforts by Congress to manage business and trade. See Court Reporters – U.S. (Federal) for info on the call numbers, locations, and dates of coverage of print reporters within the Gallagher Law Library collection.
The chancery court docket reversed the Panel’s dismissal of all six rule violations and determined that the Panel’s conclusions had been arbitrary and capricious and unsupported by the evidence. In addition, the chancery court docket held that the Panel abused its discretion by making use of an incorrect legal commonplace. The chancery courtroom discovered that Attorney violated all six guidelines alleged within the Board’s petition and imposed a public censure as punishment.