Nieves v. Mt. Sinai Queens Hosp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding the burden was on the government to show a lack of harm when a selection error was “more than a ministerial mistake”
• holding that exclusion of a class of members based on dates of service at Sheppard Air Force Base was “more than a ministerial mistake, such as the omis- sion of an Article 25, UCMJ, factor, or an intended name in a memorandum.”
• distinguishing Batson because, unlike in Batson, there was no evidence of an “improper motive to pack the member pool or to exclude members based on race” (internal quotation marks omitted)
• distinguishing Batson because, unlike in Batson, there was no evidence of an “improper motive to pack the member pool or to exclude members based on race” (internal quotation marks omitted)
• noting fairness and impartiality of members in evaluating for harmlessness
• noting fairness and impartiality of members in evaluating for harmlessness

Source: CourtListener parenthetical corpus (CC0).