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Brewer v. Blackwell-836 F.Supp 631 (SD Iowa 1993)
Case • 1993
not to breathe asbestos any less serious). [**28] n8 In McKinney, the Court clarified what McKinney was required to prove regarding the objective component of his Eighth Amendment claim. The Court stated ...
Thor v. Superior Court of Solano County, CA-855 P.2d 375 (Cal. 1993)
Case • 1993
, "Every human being of adult years and sound mind has a right to determine what shall be done with his own body . . .." (Schloendorff v. Society of New York Hospital (1914) 211 N.Y. 125 [105 N.E. 92, 93 ...
Deutsch v. United States-67 F.3d 1080 (3rd Cir. 1995)
Case • 1995
. See Connecticut Nat'l Bank v. Germain, 503 U.S. 249, 253-54, 112 S. Ct. 1146, 117 L.Ed.2d 391 (1992) ("[C]ourts must presume that a legislature says in a statute what it means and means in a statute ...
Turay v. Seling-108 F.Supp.2d 1148 (WD WA 2000)
Case • 2000
qualified professional; they exist, and have existed, despite uncontradicted professional opinion that they are failures to provide, in certain respects, what the minimum professional standards require. 8 ...
Turay v. Seling-108 F.Supp.2d 1148 (WD WA 2000)
Case • 2000
qualified professional; they exist, and have existed, despite uncontradicted professional opinion that they are failures to provide, in certain respects, what the minimum professional standards require. 8 ...
Lucas v. White-63 F.Supp.2d 1046 (N.D.Cal. 1999)
Case • 1999
unjust. B. Calculation of a Reasonable Fee Once a plaintiff satisfies the conditions for recovering attorneys' fees under § 2412(d), the Court must determine what fee is "reasonable." The process ...
McGuckin v. Smith-974 F.2d 1050 (9th Cir. 1992)
Case • 1992
L. Ed. 2d 543, 91 S. Ct. 547, 27 A.F.T.R.2d (P-H) 552 (1971) (opinion of Harlan, J.)), the proper focus is on what effect the district court intended its order to have. See Gerritsen v. de la Madrid ...
Russell v. Gregoire-124 F.3d 1079 (9th cir. 1997)
Case • 1997
." A. [36] Our court has not previously established a clear test to determine what constitutes punishment under the Ex Post Facto Clause. Likewise, the Supreme Court has not articulated a "formula ...
Ingalls v. Florio-968 F.Supp. 193 (DNJ 1997)
Case • 1997
. 1996) (permitting reasonable limits on prisoners' access to law library where security problems existed). The County defendants argue that because plaintiffs have failed to "articulate what violation ...
Thompson v. Gomez-993 F. Supp. 749 (ND CA 1997)
Case • 1997
the PLRA have agreed. "What Congress has done through the PLRA is modify the authority of the court to award relief greater than that required by federal law. . . . Congress changed the law governing ...
Lozeau v. Lake County, Mont.-98 F.Supp.2d 1157 (D MT 2000)
Case • 2000
, the courts determine what the plaintiff sought to accomplish by way of his lawsuit and whether the suit can be causally linked to the relief ultimately obtained. Id. (citing California Ass'n of the Physically ...
Aiello v. Litscher-104 F.Supp.2d 1068 (WD WI 2000)
Case • 2000
serves legitimate penological interests and provides fair notice of what it prohibits, defendants' motion for summary judgment will be denied. Plaintiffs' motion to correct two citation errors ...
United States v. O'Driscoll-203 F.Supp.2d 334 (MD PA 2002)
Case • 2002
. Congress expressly provided for victim impact consideration in the Death [**10] Penalty Statute but did not put any limits on what can be considered. § 3593(a). That is a matter for the court's discretion ...
Cody v. Hillard-830 F.2d 912 (8th Cir. 1987)(en banc)
Case • 1987
only to obscure our judicial role. The action of the court here is totally unnecessary. The issue is no longer ripe for review. [38] In view of the overall record, what the en banc court achieves ...
Goodwin v. Turner-908 F.2d 1395 (8th Cir. 1990)
Case • 1990
artificial insemination fails under the Turner test, it is not necessary to grapple with the question of what remains of Martinez after Abbott. [69] *fn2 The district court's conclusion ...
Curran v. Price-334 Md. 149, 638 A.2d 93 (Ct. App. Md., 1994)
Case • 1994
that might be covered by the statute, and, if so, [334 Md Page 157] [26] with whom and for what consideration. Price responded through counsel that he had entered into a contract for his "life story ...
Blair v. City of Pomona-206 F.3d 938 (9th Cir. 2000)
Case • 2000
in a reasonably timely manner to assure that applicants have a reasonable time to request a fair hearing under the 105 day rule. Since the parties have not agreed upon what constitutes a reasonable time in which ...
Mathews v. Eldridge-424 U.S. 319, 96 S.Ct. 893, 47 L.Ed.2d 18 (1976).
Case • 1976
would be adequate if disability benefits were not terminated until after the evidentiary hearing stage of the administrative process. The dispute centers upon what process is due prior to the initial ...
Newsom v. Norris-888 F.2d 371 (6th Cir. 1989)
Case • 1989
of their appointments [had] expired. . . . Thus, the court simply held that what occurred in Branti was in fact still a dismissal. On Day 1 plaintiffs had a job, and on Day 2 they were to be terminated from that job ...
Prison Legal News v. Simmons-401 F.Supp.2d 1181 (D.Kans. 2005)
Case • 2005
; instead, a plaintiff must show only that the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Sutton v. Utah State Sch ...
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