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Case • 2003
judgment); Chance, 143 F.3d at 702-703 (motion to dismiss); Hathaway v. Coughlin, 37 F.3d 63, 67 (2d Cir. 1994) (motion for directed verdict). We have never had occasion, however, to consider what factors ...
Case • 2000
too often the `promise of treatment has served only to bring an illusion of benevolence to what is essentially a warehousing operation for social misfits' " (quoting Cross v. Harris, 418 F.2d 1095, 1107 ...
Case • 1999
the defendants to a penalty or a hardship since it requires them to do exactly what the act requires, i.e., to comply with the law. VII. CONCLUSION Accordingly, the cross-motion for summary judgment ...
Case • 2000
that what would normally be thought of as the burdens which attend litigation--such as the large amounts of time spent in depositions, preparing to testify, court appearances and the like--carry few ...
Case • 2000
that a court when it says "all" must also then specify what "all" means. An order setting a deadline for "all discovery" constitutes "other directions from the court," and therefore the deadline for disclosure ...
Case • 2001
time. That is exactly what RCW 9.96.050 does. This statute provides: [48] When a prisoner on parole has performed the obligations of his or her release for such time as shall satisfy ...
Case • 1999
(1998). But later cases make clear what was implicit in Steel Co.: There is an array of non-merits questions that we may decide in any order. Thus in Ruhrgas A.G. v. Marathon Oil Co., 119 S. Ct. 1563 ...
Case • 2002
knowingly imposed upon WSP inmates the unnecessary risk and reality of avoidable future assaults. Regardless of what claims Defendants make now regarding their contrition and resolve to improve in the future ...
Case • 2002
, it is not at all clear what DOCS policy #1.43 means. Is the sort of pain Brock has allegedly suffered and that we have identified as constituting a serious medical condition a "collateral symptom" within the meaning ...
Case • 2003
] This is but a variation on what the Courts of Appeal have referred to as the " `disappearing lawful arrest' " trick. (See Armondo v. Department of Motor Vehicles (1993) 15 Cal.App.4th 1174, 1178; Behan v. Alexis (1981) 116 ...
Case • 2003
not apply to the ADA and the RA claims, it applies to the § 1983 claim, and for this reason the district court should apply the limit to one third of the claimed work; 3) the fees and costs exceed what would ...
Case • 2002
on a supplemental warrant issued after the expiration of the parolee's sentence, even when the conduct occurred prior to that expiration. That is exactly what the Commission has done here. Even if the February 20 ...
Case • 2002
not be dismissed. [29] This Court has not yet determined what type of inquiry a district court must make before dismissing a prisoner's complaint for failure to comply with an IFP order directing the prisoner ...
Case • 2002
what she would like and it is none of his business. During the relevant time period of July through December of 2000, defendant worked at McLane's Northeast, a distribution company. Defendant worked ten ...
Case • 2003
is grossly inadequate. The isolation of Death Row, along with the inmates' pending sentences of death and the conditions at Unit 32-C, are enough to weaken even the strongest individual. What mental health ...
Case • 1998
versions of what transpired between Mahotep and the defendants. If Mahotep's version of events is believed, there is sufficient evidence to support a finding that defendants used excessive force against him ...
Case • 1998
of witnesses--because the same reasons for excluding an individual class member will necessarily apply with equal force to the entire class-- there is no justification for requiring the prison to engage in what ...
Case • 1998
that the Bureau was not permitted to use a sentence enhancement imposed under the Guidelines to transform what was otherwise a nonviolent felony (possession of 100 grams of methamphetamine) into a crime of violence ...
Case • 1994
in isolation."). In Dobson v. Camden, 705 F.2d 759 (5th Cir.1983), on rehearing en banc, 725 F.2d 1003 (5th Cir.1984), this court addressed what effect to give a settlement in a § 1983 action. We initially held ...
Case • 1996
therefore now explicitly hold what has been implicitly understood all along: An overnight or weekend delay in arraignment due to the unavailability of a magistrate does not by itself render the delay ...
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