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Case • 2005
, which provides that a court must not `insert what has been omitted' from a statute." (Security Pacific National Bank v. Wozab (1990) 51 Cal.3d 991, 998.) [33] It is true, of course, that we ...
Case • 2005
Bill 474. Thompson informed Ray that she thought this practice was improper. [17] When Thompson reported her conversation with Ray to Chairman Whitworth, he instructed her to forget what she had ...
Case • 2005
in the control room for several hours before returning to their pod. He stated, "I overlooked the situation because I was new to the job and did not know what to do." [28] On October 14, 1997, Sergeant ...
Case • 1995
presented on this appeal give us no occasion to consider what minimal requirements might suffice to create a liberty interest ...
Case • 2002
what he was doing with these papers. Carter responded that he was not assigned to the law library as a legal aide but that he was being paid for helping people. McGrady then told Carter that he could ...
Case • 1987
interest, purports to cover visits at the Kentucky State Reformatory; it is unclear from the record what set of regulations governs visits in other parts of the Kentucky system. We affirm the District ...
Case • 1985
prison term. Once this determinant is changed, petitioner's effective sentence is altered. That is what Weaver v. Graham is all about. (Weaver, 450 U.S. at p. 32 [67 L.Ed.2d at p. 25].) The incorrectness ...
Case • 1990
lives." What a legacy! Of the 228 prisoners in the City Jail and the 450-480 inmates ordinarily imprisoned in the MSI, about 92 percent, are black men. Perhaps that is one reason our society is so ...
Case • 1989
increases punishment beyond what was prescribed when the crime was consummated. Thus, even if a statute merely alters penal provisions accorded by the grace of the legislature, it violates the Clause ...
Case • 2002
, but we have yet to resolve what effect Crawford-El had on Veney's heightened pleading requirement.*fn5 We do so here. We conclude that the Supreme Court's decision in Crawford-El invalidates the heightened ...
Case • 1989
to promote in the fee statute. [69] Id. (citations omitted). Thus, the crucial question remains: What was plaintiff's success, and was it de minimis? [70] The sum of plaintiff's "relief" is found ...
Case • 2004
with the trial court, and that court did not treat Robin's petition as a habeas petition. It would be improper for us to determine, on appeal, that the petition should be considered to be something other than what ...
Case • 2004
. Ballero's opinion as to what caused appellant's fingers to turn black and require amputation, Dr. Ballero testified that injury was caused by the inappropriate application of the metal handcuffs ...
Case • 1988
immunity -- discretion -- Headnote:[6A][6B] At common law, only the discretionary functions of government officials are immune from liability. [***LEdHN7] APPEAL § 1339.5 certiorari -- what reviewable ...
Case • 1989
then is whether the Mayor and Sheriff may be held liable in their official capacities under section 1983 for Leach's damages and what that means in terms of actual responsibility to pay the determined damages ...
Case • 2001
and frequently on what constitutes mental illness,' *á*á* but the Court itself has used a variety of expressions to describe the mental condition of those properly subject to civil confinement." Id. at 359 ...
Case • 1989
the visits for about 3,000 inmates go through those same gates. [62] Q [BY THE COURT]: But what not is included in that awful lot of traffic is six Jewish people going to a weekly service? [63 ...
Case • 1989
states that O'Riordan walked back to Bird's cell and carried on a conversation with Bird during which Edwards swears to have overheard Bird state that Mr. O'Riordan had nothing to do with what happened ...
Case • 1989
consistent with the allegations," Hishon, supra, at 73, a claim must be dismissed, without regard to whether it is based on an outlandish legal theory or on a close but ultimately unavailing one. What Rule 12 ...
Case • 2001
, it is unclear to me what type of relief plaintiff would be entitled to even if he were allowed to proceed on the claim. Plaintiff is no longer housed at the Wyandotte County Jail and therefore has no legitimate ...
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