Skip to main content
Tenth Circuit· 8/12/1997

Phelps v. Hamilton

Citations

  • 122 F.3d 1309
  • 1997 WL 458202

How courts have described this case

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

  • concluding that, where the motion “involves ‘reconsideration of matters properly encompassed in a decision on the merits,’” a court considers the motion under rule 59(e)
  • concluding that courts should consider motions that seek to alter the court’s substantive ruling under rule 59
  • holding that plaintiffs against whom charges were dropped following an acquittal did not have standing to challenge state law as facially unconstitutional \based solely on past prosecutions\
  • holding that Kansas state trial court’s finding of no bad faith, on a motion to dismiss criminal charges for prosecutor’s bad faith, was decisive in a § 1983 claim as to the issue of bad faith
  • stating that because the “actionable conduct” of defendants has been a “moving target,” plaintiff had not “thus far” introduced “the entire relevant panoply of facts needed to overcome the shortcomings identified by the Court”
  • finding privity through control because non-party/attorney had input into the legal theories and arguments advanced

Source: CourtListener parenthetical corpus (CC0).

Judges: Brorby, Henry, Murphy

Read full opinion on CourtListener

Cited by

148 cases in this archive cite this case; the 20 most cited are listed.

Cites

50 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Phelps v. Hamilton

11 other CourtListener records share this case name.

Sourced 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.