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Pennsylvania Lawyer Search - Listings for The Law Office of Gary D Monaghan
Name: The Law Office of Gary D Monaghan
Address: Brownsville, PA 15417
Phone Number: 724-785-2370
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Cases related to this attorney's specialties:
USCA10 Opinion 04-8084.wpd FILED United States Court of Appeals Tenth Circuit August 16, 2005 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT RUDY STANKO, individually and on behalf of similarly situated cattle traders, Plaintiff - Appellant, No. 04-8084 v. JIM MAHAR, individually and in his official capacity, Defendant - Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. No. 04-CV-03-B) Submitted on the briefs: Rudy Stanko, Gordon, Nebraska, Plaintiff-Appellant, Pro se. Patrick J. Crank, Attorney General, John W. Renneisen, Deputy Attorney General, Misha Westby, Senior Assistant Attorney General, David L. Delicath, Assistant Attorney General, Office of the Attorney General, Cheyenne, Wyoming for Defendant-Appellee. Before LUCERO, McKAY, and ANDERSON, Circuit Judges. McKAY, Circuit Judge. Plaintiff Rudy Stanko, proceeding pro se, appeals from the district court's order granting summary judgment to defendant Jim Maher(1) on Mr. Stanko's complaint alleging violations of his constitutional rights.(2) We affirm the entry of summary judgment in favor of Mr. Maher.(3) FACTS Mr. Stanko is a resident of Gordon, Nebraska who operates as a stock owner and drover in Fremont, Natrona, and Teton Counties, Wyoming. Mr. Maher is a brand inspector employed by the State of Wyoming Livestock Board (Board). (1) The case caption spells Mr. Maher's name "Mahar" but it appears that the correct spelling is "Maher." (2) Mr. Stanko's complaint recites that it is brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Bivens creates a remedy for violations of constitutional rights committed by federal officials acting in their individual capacities. Mr. Maher is a state brand inspector. Therefore, this action arises, if at all, pursuant to 42 U.S.C. 1983 rather than Bivens. (3) After examining the briefs and appellate record, this panel has determined unanimous...
GORMAN-BAKOS v CORNELL COOPERATIVE, U.S. 2nd Circuit Court of AppealsGORMAN-BAKOS v CORNELL COOPERATIVE UNITED STATES COURT OF APPEALS For the Second Circuit _ Spring Term, 2001 (Argued: March 14, 2001 Decided: June 04, 2001) Docket No. 00-9012, 00-9104 _ Lynn Gorman-Bakos and Rodney Bakos, Plaintiffs-Appellants-Cross-Appellees, -v.- Cornell Cooperative Extension of Schenectady County, Ellen Elliott, individually and as Executive Director of Cornell Cooperative Extension of Schenectady County, Angela Warner, individually and as agent, servant and employee of Cornell Cooperative Extension of Schenectady County, Mike Pierotti, individually and as President of Cornell Cooperative Extension of Schenectady County, Dorothy Foster, Bob Lindsay, Tim Manning, Marion Pierce, Jo Ann Rafilik, Steve Ras, Linda Rohmer, Sharon Sutton and Grace Underwood, individually and as directors of Cornell Cooperative Extension of Schenectady County, Defendants-Appellees-Cross-Appellants. _ Before: Sotomayor, Katzmann, Circuit Judges, and Chin, District Judge.* _ Plaintiffs-Appellants appeal from a judgment of the United States District Court for the Northern District of New York (Frederick J. Scullin, Jr., Chief Judge), granting defendants' motion for summary judgment because plaintiffs failed to offer sufficient proof of a causal connection between their allegedly constitutionally protected speech and their dismissal from defendants' 4-H program. Defendants-Cross-Appellants appeal the denial of their request for attorney's fees. The appeal is granted, and the judgment is vacated and remanded; the cross- appeal is denied as moot. _ L. John Van Norden, Schenectady, New York, for Plaintiffs-Appellants Lynn Gorman-Bakos and Rodney Bakos, Jeffrey T. Culkin, Gordon, Siegel, Mastro, Mullaney, Gordon & Galvin, P.C., Latham, New York, for Defendants-Appellees Cornell Cooperative Extension of Schenectady County, Ellen Elliott, individually and as Executive Director of Corne...
SUGAR CANE GROWERS v VENEMAN ANN M., U.S. DC Circuit Court of AppealsSUGAR CANE GROWERS 1000 v VENEMAN ANN M. United States Court of Appeals FOR THE DISTRICT OF COLUMBIA CIRCUIT Argued February 11, 2002 Decided May 10, 2002 No. 01-5335 Sugar Cane Growers Cooperative of Florida, et al., Appellants v. Ann M. Veneman, in her official capacity as Secretary of the United States Department of Agriculture, et al., Appellees Appeal from the United States District Court for the District of Columbia (01cv01904) Raymond B. Ludwiszewski argued the cause for appel- lants. With him on the briefs were Peter E. Seley and Hassan A. Zavareei. David J. Ball, Jr., Assistant United States Attorney, ar- gued the cause for appellees. With him on the brief were Roscoe C. Howard, Jr., United States Attorney, and R. Craig Lawrence, Assistant United States Attorney. William Bradford Reynolds and John F. Bruce were on the brief for amicus curiae United States Beet Sugar Associ- ation in support of appellees. Before: Tatel and Garland, Circuit Judges, and Silberman, Senior Circuit Judge. Opinion for the Court filed by Senior Circuit Judge Silberman. Silberman, Senior Circuit Judge: Sugar Cane Growers Cooperative of Florida, Florida Crystals Corporation, and Refined Sugars, Inc., appeal from the district court's grant of summary judgment holding that appellants lacked standing. The court dismissed their claims that the United States Department of Agriculture failed to comply with the Adminis- trative Procedure Act1 and the Food Security Act of 19852 in implementing a payment-in-kind program for the 2001 sugar crop by press release. We think appellants have demonstrat- ed standing and because the Department did not comply with the APA or the Food Security Act, we reverse the district court's grant of summary judgment and remand to that court to in turn remand to the Department. I. In the United States, sugar production, which the govern- ment support...
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