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First Circuit· 12/1/1994

Tatro v. Kervin

Citations

  • 41 F.3d 9
  • 1994 U.S. App. LEXIS 33684
  • 1994 WL 663805

How courts have described this case

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

  • holding that a plaintiff must “show that the officer’s intent or desire to curb the [plaintiff’s] expression was the determining or motivating factor”
  • warning that \extra language\ may erroneously mislead a jury
  • applying \but for\ standard available to mixed motive employment discrimination claims to cause of action alleging police officer arrested plaintiff in order to interfere with his freedom of speech
  • “Absent a showing of fundamental unfairness, a state court’s 18 misapplication of its own sentencing laws does not justify federal habeas relief.”
  • “Even if there is an implied right of action for damages under Title VI, and thus under [Section] 504, it cannot exist as against the federal government.”
  • To demonstrate prejudice, the 15 petitioner “must make a prima facie showing that he would 16 have been eligible for the relief and that he could have made 17 a strong showing in support of his application.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Campbell, Carter

Read full opinion on CourtListener

Cited by

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

Cites

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

Other cases named Tatro v. Kervin

1 other CourtListener record shares 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.