POTTER

v.

DEPARTMENT OF SOCIAL SERVICES

Citator

Cited By (27 total)

• Lalli v. Lalli, 439 U.S. 259 (U.S. 1978)
  …While that case'- was pending here, we decided Trimble v. Gordon, 430 U. S. 762 (1977). Because the issues in these two cases were similar in some respects, we vacated and remanded to permit further consideration in light of Trimble. Lalli v. Lalli, 431 U. S. 911 (1977). [*264] On remand,4 the New York Court of Appeals, with two judges dissenting, adhered to its former disposition. In re Lalli, 43 N. Y. 2d 65, 371 N. E. 2d 481 (1977). It acknowledged that Trimble contemplated a standard of judicial review de…
• United States v. Blackwell, 694 F.2d 1325 (D.C. Cir. 1982)
  …ate. See also McPherson v. Barksdale, 640 F. 2d 780 (6th Cir.1981) (federal courts lack supervisory authority to specify the remedy for state prosecutor’s breach of plea bargain); Palermo v. Warden, 545 F. 2d 286, 297 (2d Cir.1976), cert. dismissed, 431 U.S. 911, 97 S.Ct. 2166, 53 L.Ed.2d 221 (1977) (remedy for broken plea bargain is discretionary with court). In several instances, however, federal courts have ordered that the plea bargain be performed and charge concessions carried out. See United States…
• McCANN v. Coughlin, 698 F.2d 112 (2d Cir. 1983)
  …learly erroneous where that finding concerns motive or intent. See United States v. Yellow Cab Co., 338 U.S. 338, 341, 70 S.Ct. 177, 94 L.Ed. 150 (1949); Palermo v. Warden, Green Haven State Prison, 545 F. 2d 286, 293 (2d Cir.1976), cert. dismissed, 431 U.S. 911, 97 S.Ct. 2166, 53 L.Ed.2d 221 (1977). Y. OFFICIAL GOOD FAITH IMMUNITY The defendants challenge the district court’s rejection of their claim of official good faith immunity. The state of the law concerning an inmate’s rights at disciplinary heari…