· 10/6/2023
Davids v. Andrew Saul Commissioner of Social Security
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the substance of the proceedings and the character of relief determines whether a contempt is of a civil or criminal nature
- concluding that a determinate sentence with a purge clause constitutes relief that is civil in nature
- holding that five consecutive sentences on five counts of contempt, suspended and three-year probation imposed, was not punitive sentence if contemnor had opportunity to purge by paying arrearage
- holding that any sentence of confinement that is for a determinate period of time is criminal
- recognizing that the “the critical feature[]” in determining whether a sanction is civil or criminal is “the character of the relief” at issue
- stating that the substance of the proceeding, among other things, determines whether contempt is civil or criminal
Source: CourtListener parenthetical corpus (CC0).
Judges: Magistrate Judge Robin M. Meriweather
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.