Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, David Souter, Harry Blackmun, John Paul Stevens, Majority, Ruth Bader Ginsburg, William Rehnquist

Harris v. Forklift Systems Inc

Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, David Souter, Harry Blackmun, John Paul Stevens, Majority, Ruth Bader Ginsburg, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

In this case we consider the definition of a discriminatorily “abusive work environment” (also known as a “hostile work

*Briefs of amici curiae urging reversal were filed for the American Civil Liberties Union et al. by Steven R. Shapiro, John A. Powell, and Lois C. Waldman; for Feminists for Free Expression by Cathy E. Crosson; for the NAACP Legal Defense and Educational Fund, Inc., et al. by Elaine R. Jones and Eric Schnapper; for the National Conference of Women’s Bar Associations et al. by Edith Barnett; for the National Employment Lawyers Association by Margaret A. Harris, Katherine L. Butler, and William J. Smith; for the NOW Legal Defense and Education Fund et al. by Deborah A. Ellis, Sarah E. Burns, Richard F. Ziegler, and Shari Siegel; for the Southern States Police Benevolent Association et al. by J. Michael McGuinness; and for the Women’s Legal Defense Fund et al. by Carolyn F. Corwin, Judith L. Lichtman, Donna R. Lenhoff, and Susan Deller Ross.

Robert E. Williams, Douglas S. McDowell, and Ann Elizabeth Reesman filed a brief for the Equal Employment Advisory Council as amicus curiae urging affirmance.

Briefs of amici curiae were filed for the American Psychological Association by Dort S. Bigg; and for the Employment Law Center et al. by Patricia A. Shiu. OCTOBER TERM, 1993 Syllabus HARRIS v. FORKLIFT SYSTEMS, INC. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT No. 92-1168. Argued October

Anthony Kennedy, Byron White, Clarence Thomas, Criminal Procedure, Harry Blackmun, Majority, William Rehnquist

Smith v. United States

Anthony Kennedy, Byron White, Clarence Thomas, Criminal Procedure, Harry Blackmun, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. We decide today whether the exchange of a gun for narcotics constitutes “use” of a firearm “during and in relation to… [a] drug trafficking crime” within the meaning of 18 U. S. C. § 924(c)(1). We hold that it does.

I

Petitioner John Angus Smith and his companion went from Tennessee to Florida to buy cocaine; they hoped to resell it at a profit. While in Florida, they met petitioner’s acquaintance, Deborah Hoag. Hoag agreed to, and in fact did, purchase cocaine for petitioner. She then accompanied petitioner and his friend to her motel room, where they were joined by a drug dealer. While Hoag listened, petitioner and the dealer discussed petitioner’s MAC-l0 firearm, which had been modified to operate as an automatic. The MAC-l0 apparently is a favorite among criminals. It is small and compact, lightweight, and can be equipped with a silencer. Most important of all, it can be devastating: A fully automatic MAC-l0 can fire more than 1,000 rounds per minute. The dealer expressed his interest in becoming the owner of a MAC-l0, and petitioner promised that he would discuss selling the gun if his arrangement with another potential buyer fell through.

Unfortunately for petitioner, Hoag had contacts not only with narcotics traffickers but also with law enforcement officials. In fact, she was a confidential informant. Consistent with her post, she informed the Broward County Sheriff’s Office of petitioner’s activities. The Sheriff’s

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, David Souter, Majority, William Rehnquist

United States v. Olano

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, David Souter, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. The question in this case is whether the presence of alternate jurors during jury deliberations was a “plain error” that the Court of Appeals was authorized to correct under Federal Rule of Criminal Procedure 52(b).

I

Each of the respondents, Guy W. Olano, Jr., and Raymond M. Gray, served on the board of directors of a savings and loan association. In 1986, the two were indicted in the Western District of Washington on multiple federal charges for their participation in an elaborate loan “kickback” scheme. Their joint jury trial with five other codefendants commenced in March 1987. All of the parties agreed that 14 jurors would be selected to hear the case, and that the 2 alternates would be identified before deliberations began.

On May 26, shortly before the end of the 3-month trial, the District Court suggested to the defendants that the two alternate jurors, soon to be identified, might be allowed to attend deliberations along with the regular jurors:”… I’d just like you to think about it, you have a day, let me know, it’s just a suggestion and you can-if there is even one person who doesn’t like it we won’t do it, but it is a suggestion that other courts have followed in long cases where jurors have sat through a lot of testimony, and that is to let the alternates go in but not participate, but just to sit in on deliberations.”I t’s strictly a matter of courtesy and I know many judges have done it with no objections

Anthony Kennedy, Antonin Scalia, Byron White, Civil Rights, Clarence Thomas, David Souter, Harry Blackmun, John Paul Stevens, Majority, William Rehnquist

Hazen Paper Co. v. Biggins

Anthony Kennedy, Antonin Scalia, Byron White, Civil Rights, Clarence Thomas, David Souter, Harry Blackmun, John Paul Stevens, Majority, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

In this case we clarify the standards for liability and liquidated damages under the Age Discrimination in Employment Act of 1967 (ADEA), 81 Stat. 602, as amended, 29 U. S. C. § 621 et seq.

I

Petitioner Hazen Paper Company manufactures coated, laminated, and printed paper and paperboard. The company is owned and operated by two cousins, petitioners Robert Hazen and Thomas N. Hazen. The Hazens hired respondent Walter F. Biggins as their technical director in 1977. They fired him in 1986, when he was 62 years old.

Respondent brought suit against petitioners in the United States District Court for the District of Massachusetts, alleging a violation of the ADEA. He claimed that age had been a determinative factor in petitioners’ decision to fire him. Petitioners contested this claim, asserting instead that respondent had been fired for doing business with competitors of Hazen Paper. The case was tried before a jury, which rendered a verdict for respondent on his ADEA claim and also found violations of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. 895, § 510, 29 U. S. C. § 1140, and state law. On the ADEA count, the jury specifically found that petitioners “willfully” violated the statute. Under § 7(b) of the ADEA, 29 U. S. C. § 626(b), a “willful” violation gives rise to liquidated damages.

*Robert E. Williams, Douglas S. McDowell, and Mona C. Zeiberg filed a brief for the Equal Employment Advisory

Anthony Kennedy, Antonin Scalia, David Souter, Due Process, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Seling v. Young

Anthony Kennedy, Antonin Scalia, David Souter, Due Process, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. Washington State’s Community Protection Act of 1990 authorizes the civil commitment of “sexually violent predators,” persons who suffer from a mental abnormality or personality disorder that makes them likely to engage in predatory acts of sexual violence. Wash. Rev. Code § 71.09.010et seq.(1992). Respondent, Andre Brigham Young, is confined as a sexually violent predator at the Special Commitment Center (Center), for which petitioner is the superintendent. After respondent’s challenges to his commitment in state court proved largely unsuccessful, he instituted a habeas action under 28 U. S. C. § 2254, seeking release from confinement. The Washington Supreme Court had already held that the Act is civil,In re Young,122 Wash. 2d 1, 857 P. 2d 989 (1993) (en bane), and this Court held a similar commitment scheme for sexually violent predators in Kansas to be civil on its face,Kansasv.Hendricks,521 U. S. 346(1997). The Court of Appeals for the Ninth Circuit nevertheless concluded that respondent could challenge the statute as being punitive “as applied” to him in violation of the

eral, and by the Attorneys General for their respective States as follows:

Bill Pryor of Alabama, Janet Napolitano of Arizona, Mark Pryor of Arkansas, Bill Lockyer of California, Ken Salazar of Colorado, Robert A. Butterworth of Florida, James E. Ryan of Illinois, Thomas J. Miller of Iowa, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland,

Majority, Privacy, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Troxel v. Granville

Majority, Privacy, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR announced the judgment of the Court and delivered an opinion, in which THE CHIEF JUSTICE, JusTICE GINSBURG, and JUSTICE BREYER join.

Section 26.10.160(3) of the Revised Code of Washington permits “[a]ny person” to petition a superior court for visitation rights “at any time,” and authorizes that court to grant such visitation rights whenever “visitation may serve the best interest of the child.” Petitioners Jenifer and Gary Troxel petitioned a Washington Superior Court for the right to visit their grandchildren, Isabelle and Natalie Troxel. Respondent Tommie Granville, the mother of Isabelle and Natalie, opposed the petition. The case ultimately reached the Washington Supreme Court, which held that § 26.10.160(3) unconstitutionally interferes with the fundamental right of parents to rear their children.

I

Tommie Granville and Brad Troxel shared a relationship that ended in June 1991. The two never married, but they had two daughters, Isabelle and Natalie. Jenifer and Gary Troxel are Brad’s parents, and thus the paternal grandparents of Isabelle and Natalie. After Tommie and Brad separated in 1991, Brad lived with his parents and regularly brought his daughters to his parents’ home for weekend visitation. Brad committed suicide in May 1993. Although the Troxels at first continued to see Isabelle and Natalie on a regular basis after their son’s death, Tommie Granville in

and Education Fund et al. by Patricia M. Logue, Ruth E. Harlow, and Beatrice Dohrn; for

Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Reeves v. Sanderson Plumbing Products Inc

Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. This case concerns the kind and amount of evidence necessary to sustain a jury’s verdict that an employer unlawfully discriminated on the basis of age. Specifically, we must resolve whether a defendant is entitled to judgment as a matter of law when the plaintiff’s case consists exclusively of a prima facie case of discrimination and sufficient evidence for the trier of fact to disbelieve the defendant’s legitimate, nondiscriminatory explanation for its action. We must also decide whether the employer was entitled to judgment as a matter of law under the particular circumstances presented here.

I

In October 1995, petitioner Roger Reeves was 57 years old and had spent 40 years in the employ of respondent, Sanderson Plumbing Products, Inc., a manufacturer of toilet seats and covers. 197 F.3d 688, 690 (CA5 1999). Petitioner worked in a department known as the “Hinge Room,” where he supervised the “regular line.” Ibid. Joe Oswalt, in his mid-thirties, supervised the Hinge Room’s “special line,” and Russell Caldwell, the manager of the Hinge Room and age 45, supervised both petitioner and Oswalt. Ibid. Petitioner’s responsibilities included recording the attendance and hours of those under his supervision, and reviewing a weekly report that listed the hours worked by each employee. 3 Record 38-40.

In the summer of 1995, Caldwell informed Powe Chesnut, the director of manufacturing and the husband of company president Sandra Sanderson,

Anthony Kennedy, Antonin Scalia, Clarence Thomas, David Souter, Federalism, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Kimel v. Florida Bd. of Regents

Anthony Kennedy, Antonin Scalia, Clarence Thomas, David Souter, Federalism, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. The Age Discrimination in Employment Act of 1967 (ADEA or Act), 81 Stat. 602, as amended, 29 U. S. C. § 621et seq.(1994 ed. and Supp. III), makes it unlawful for an employer, including a State, “to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual… because of such individual’s age.” 29 U. S. C. § 623(a)(1). In these cases, three sets of plaintiffs filed suit under the Act, seeking money damages for their state employers’ alleged discrimination on the basis of age. In each case, the state employer moved to dismiss the suit on the basis of its Eleventh Amendment immunity. The District Court in one case granted the motion to dismiss, while in each of the remaining cases the District Court denied the motion. Appeals in the three cases were consolidated before the Court of Appeals for the Eleventh Circuit, which held that the ADEA does not validly abrogate the States’ Eleventh Amendment immunity. In these cases, we are asked to consider whether the ADEA contains a clear

Foley, State Solicitor, Stephen P. Carney, Associate Solicitor, and Matthew J. Lampke, Assistant Solicitor, Paul G. Summers, Attorney General of Tennessee, and Michael E. Moore, Solicitor General, and by the Attorneys General for their respective States as follows: Richard Blumenthal of Connecticut, M. Jane Brady of Delaware, Thurbert E. Baker of Georgia, Earl I. Anzai of Hawaii, Alan G. Lance of Idaho, Carla

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Roe v. Flores-Ortega

Anthony Kennedy, Antonin Scalia, Clarence Thomas, Criminal Procedure, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court.

In this case we must decide the proper framework for evaluating an ineffective assistance of counsel claim, based on counsel’s failure to file a notice of appeal without respondent’s consent.

I

The State of California charged respondent, Lucio FloresOrtega, with one count of murder, two counts of assault, and a personal use of a deadly weapon enhancement allegation. In October 1993, respondent appeared in Superior Court with his court-appointed public defender, Nancy Kops, and a Spanish language interpreter, and pleaded guilty to seconddegree murder. The plea was entered pursuant to a California rule permitting a defendant both to deny committing a crime and to admit that there is sufficient evidence to convict him. See People v. West, 3 Cal. 3d 595, 477 P. 2d 409 (1970). In exchange for the guilty plea, the state prosecutor moved to strike the allegation of personal use of a deadly weapon and to dismiss both assault charges. On November 10, 1993,

* Kent S. Scheidegger and Christine M. Murphy filed a brief for the Criminal Justice Legal Foundation as amicus curiae urging reversal.

Lawrence S. Lustberg, Kevin McNulty, and Lisa B. Kemler filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging affirmance. respondent was sentenced to 15 years to life in state prison. After pronouncing sentence, the trial judge informed respondent, “You may file an appeal within 60 days from today’s date

Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist

Kolstad v. American Dental Assn

Anthony Kennedy, Antonin Scalia, Civil Rights, Clarence Thomas, David Souter, John Paul Stevens, Majority, Ruth Bader Ginsburg, Stephen Breyer, William Rehnquist / By

JUSTICE O’CONNOR delivered the opinion of the Court. Under the terms of the Civil Rights Act of 1991 (1991 Act), 105 Stat. 1071, punitive damages are available in claims under Title VII of the Civil Rights Act of 1964 (Title VII), 78 Stat. 253, as amended, 42 U. S. C. § 2000eet seq.(1994 ed. and Supp. III), and the Americans with Disabilities Act of 1990 (ADA), 104 Stat. 328, 42 U. S. C. § 12101et seq.Punitive damages are limited, however, to cases in which the em

*Briefs of amici curiae urging reversal were filed for the Association of Trial Lawyers of America by Jeffrey L. Needle and Mark S. Mandell; for the National Employment Lawyers Association et al. by Janice Goodman, Paula A. Brantner, and Peter S. Rukin; and for the Rutherford Institute by John W Whitehead and Steven H. Aden.

Briefs of amici curiae urging affirmance were filed for the Equal Employment Advisory Council by Robert E. Williams and Ann Elizabeth Reesman; for the National Retail Federation by Robert P. Joy; for the Society for Human Resource Management by D. Gregory Valenza and Roger S. Kaplan; and for the Washington Legal Foundation by Michael J. Connolly, David A. Lawrence, Clifford J. Scharman, Daniel J. Popeo, and Paul D. Kamenar.

Briefs of amici curiae were filed for the Chamber of Commerce of the United States by Timothy B. Dyk, Daniel H. Bromberg, John B. Kennedy, Stephen A. Bokat, and Robin S. Conrad; and for the Lawyers’ Committee for Civil Rights Under Law et al. by James M. Finberg, Daniel F.