Terry v. Enomoto
Terry v. Enomoto, 469 U.S. 845 (1984)
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
C. A. 9th Cir. Certiorari denied.
How later courts describe this case
Explanatory parentheticals written by citing courts — 11 in all; the most informative distinct ones are shown.
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(testimony concerning the defendant’s physical appearance around the time of the crime is not rebuttal evidence within the meaning of Rule 12.1)
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(“At a minimum, a 1983 plaintiff must show that a supervisory official at least implicitly authorized, approved, or knowingly acquiesced in the unconstitutional conduct.”)
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(RICO conspiracy defendants need only agree to be a member of the conspiracy; they need not agree to commit two predicate offenses individually)
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("The statutory language, however, does not require proof that a defendant participated personally, or agreed to participate personally, in two predicate offenses. Read in context, section 1962(d)
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(“[T]he testimony ... fails to establish that appellees intentionally or negligently deprived Bellamy of his meals to the degree that a jury could find an Eighth Amendment violation.”)
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(liability under section 1983 in a defendant’s personal capacity must be predicated upon some showing of direct, active participation in the alleged misconduct)
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(jury reasonably could infer that defendant turned fugitive because of co-conspirator's cooperation)
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(“Proof of an agreement the objective of which is a substantive violation of RICO (such as conducting the affairs of an enterprise through a pattern of racketeering) is sufficient to establish a violation of section 1962(d).”)
Cited by 114 cases
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- United States v. Neapolitan
- United States v. Robert Neapolitan, United States of America v. Thomas Covello, Sr., Ralph Mascio, Jr., Joseph W. Hlavach, Antoine A. Turner, Victor R. Meadows, and Clement A. Messino
- Clarence Erwin Copeland v. Mark MacHulis James Stephens
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.