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Case • 2002
" and service as to Leslie was improper. [74] *fn5 There is a practical limitation to this standard: the Court will permit amendment to make clear what is implied, it will not permit amendment ad infinitum ...
Case • 2005
. Henderson observed Poiroux in the holding area at least every thirty minutes and sometimes more frequently. At some point, Henderson saw Poiroux sitting on the bunk in cell number one tearing strips of what ...
Case • 1978
that there are varying religions in the world and no attempt will be made herein to name each of the various religions and no attempt will be made herein to define what sort of beliefs or practices or combination of both ...
Case • 2002
with murder; what evidence established that Dr. Ozoa knew that his statements were false; and how the falsifications caused the charging decision. See Branch I, 937 F.2d at 138788. [31] Subsequent cases ...
Case • 2002
nothing to stop the attack. According to the subsequent IMR drafted by Centanni, on the other hand, what happened was that "Espinal raised his right foot into the corner wall area, pushing us both back ...
Case • 2004
that they were offending. It is instead the more practical question of whether they would have understood that what they were doing violated the plaintiffs' rights." Markham v. White, 172 F.3d 486, 492 (7th Cir ...
Case • 2004
briefs and therefore need not be considered. Insofar as Defendants claim that we can review only what is in the parties' excerpts of record, as distinct from the entire actual record, they are simply ...
Case • 2003
of the Federal Rules of Civil Procedure. Clark v. Town of Ticonderoga, 213 F. Supp. 2d 198, 202 (N.D.N.Y. 2002); Albert v. Carovano, 851 F.2d 561, 571 n.3 (2d Cir. 1988) ("Factual allegations alone are what ...
Case • 2004
the question whether Mitchell [**11] and Cates knew of and consciously disregarded an excessive risk of harm. In terms of what Mitchell and Cates knew, the record discloses that they were well-aware of Aaron's ...
Case • 2004
] are, finally, so important and worthwhile. While this case has followed a "long, winding, and often quite bumpy" road, Wyatt v. Sawyer, 105 F. Supp. 2d 1234, 1236 (M.D. Ala. 2000), the enormity of what this case ...
Case • 2002
, pursuant to Hays. The Court agrees that this is a question that cannot be answered at this stage of the proceedings. Because no discovery has been taken, there is no information in the record regarding what ...
Case • 2003
was all he needed to know for the purposes of consent. n14 N14 None of the cases finding consent based on notice required that the prison notify the inmate regarding precisely what entity would be making ...
Case • 2003
" in that they go more "to what the administrative officer thinks the statute or regulation [*1147] means" when applied in particular, narrowly defined, situations. Id. (Internal citations omitted). In this case ...
Case • 2003
clear that a reasonable official would understand that what he is doing violated that right.'") (quoting Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987)). Thus ...
Case • 2002
with a limp? A. Yes, I look good. Q. Yes, that's what I was trying to say. You don't--you're limited because you do walk with a limp, but it would be fair to say that you get around pretty well, don't ...
Case • 2001
. In addition, to let stand what we perceive to be errors would significantly delay plaintiff's earliest possible parole eligibility date. Hence, to correct this error and prevent injustice to plaintiff, we ...
Case • 2003
custody is no different than not adopting a policy, or simply ignoring an already-adopted policy, to respond affirmatively to such a circumstance in the first instance, which is what the Plaintiff alleges ...
Case • 2003
, the DEA would have had some basis to conduct a search for records. However, the Court cannot compel a search of what effectively is a new request because its jurisdiction extends only to the DEA's response ...
Case • 2002
. [33] Although there is a factual dispute as to whether Nichols or Gregg was the prisoner who requested a change of cellmate and regarding precisely what specific information was told to him about ...
Case • 2002
. at 390 (emphasis added). [84] *fn28 . Burge v. Parish of St. Tammany, 187 F.3d 452, 472 (5th Cir. 1999). [85] *fn29 . See Ogg Deposition at 40 ("Generally, what would happen is: Police ...
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