David Thomas Lewis
How Judge Lewis rules, drawn from 28 signed orders. Every observation links to the order it came from.
Judge Lewis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lewis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Statutory construction gave effect to every word rather than treating enacted language as surplusage.
“statutes are to be construed so that each word is given effect.”
An agency's interpretation did not receive weight when it conflicted with the controlling statute.
“This principle, however, is inapplicable when a departmental interpretation is inconsistent with the controlling statute.”
Procedural preferences
Treats the Federal Tort Claims Act's presentment-and-final-denial prerequisite as a non-waivable jurisdictional condition on suit.
“This requirement is jurisdictional and cannot be waived.”
Factual findings supported by conflicting testimony were left undisturbed under Rule 52 review.
“In such case the findings will not be disturbed on appeal.”
A filmed reenactment required a foundation establishing accuracy and fairness, with close scrutiny of the details portrayed.
“Where, as here, motion pictures purport to represent a reenactment of human conduct the court should scrutinize the foundation with great care as to detail.”
Cautions
Requires clear, unequivocal, and specific consent for a warrantless search; a spouse's implicit consent to search a car's passenger compartment does not extend to a locked trunk searched in her absence.
“Her implicit consent to search the passenger compartment in her presence with her assistance does not constitute unequivocal and specific consent to search the locked trunk in her absence.”
Declines to infer employer agency, and the sanctions that flow from it, from an employee's concealed criminal act taken to the employer's detriment.
“We are convinced that the record reflects a criminal frolic of Azmai's and that the inference of responsibility placed on plaintiff is not justified.”
A prior constitutional deprivation did not automatically invalidate a later guilty plea shown to have been entered voluntarily with counsel.
“the denial of a naked constitutional right does not invalidate all subsequent proceedings nor necessarily prevent an accused from acting voluntarily in such proceedings.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons therein stated this case is remanded to the Commission for iurther proceedings.”
“The case is remanded to the trial court with directions to grant a new trial.”
“The case is remanded for further proceedings.”
“The judgments are reversed and remanded with instructions to grant new trials.”
A historical record
Judge Lewis no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.