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Case • 1981
restraint when the legislature 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 ...
Case • 2003
records always came with the patient. That's not always what happens ..." (J.A. at 1130.) Plaintiff concedes that there is not any evidence that the lack of medical records of inmates at the time of medical ...
Case • 2002
"for work release eligibility." It may be unclear whether the clerk indicated payment of costs was a sufficient condition or was instead merely a necessary condition for Kitchen's work release. However, what ...
Case • 2003
powers, it is not for the judiciary to usurp Congress' grant of authority to the Attorney General by applying what approximates de novo appellate review."). Instead, "the burden of proving that discretion ...
Case • 2004
to dismiss, no more is required from plaintiff's allegations of intent than what would satisfy Rule 8's notice pleading minimum and Rule 9(b)'s requirement that motive and intent be pleaded generally. Alvarado ...
Case • 2004
. n13 Put in the simplest terms, what Congress gave Congress can take away, which it did here by conferring [**20] on agencies the power to exempt certain records from the Privacy Act. n14 n12 BOP ...
Case • 2004
not delineate what qualifies as a prison condition. Accordingly, we have looked to another section of the PLRA, which defines a similar term. See Smith v. Zachary, 255 F.3d 446, 448-49 (7th Cir. 2001). Section ...
Case • 2004
to have been diligent in pursuing his claim. Second, this Court ascertains to what extent Defendants would actually be prejudiced "from delay during the time the limitations period [was] tolled." Id ...
Case • 2003
of the violation, "such that a reasonable official would understand that what he was doing violates those rights." See Morrell v. Mock, 270 F.3d 1090, 1094 (7th Cir. 2001). [39] Plaintiffs claim a violation ...
Case • 1995
statements alone to uphold rape conviction). We find the evidence given to the committee by these confidential sources constitutes "some evidence," which "obviously ranks below what would be sufficient ...
Case • 2006
itself is correct. Keck v. Keck, 56 Ill. 2d 508, 514 (1974). "It is the judgment and not what else may have been said by the lower court that is on appeal to a court of review. [Citations.] The reviewing ...
Case • 2002
. n3 There is, of course, a dispute as to what conduct is actually at issue in this case. Plaintiff alleges that he was placed in keeplock in retaliation for providing legal assistance to another inmate ...
Case • 2004
, placement in SHU for inmates facing the death penalty is permanent. Officer Smith testified that "no matter what," a death penalty certified inmate remains in SHU. Special Housing Unit (SHU) In order ...
Case • 2002
, she was extremely anxious, her pulse rate was elevated. I felt that she should be allowed to leave and seek medical care, and that's what I put on the evaluation, on the medical evaluation." Monette Dep ...
Case • 2001
years and, therefore, the use of force policy is not followed. What the law requires, however, is a more precise showing that in spite of these written polices that the corrections department actually ...
Case • 2002
and Submitted April 9, 2002--San Francisco, California [15] OPINION [16] The most significant issue we must decide in these consolidated appeals is what financial information unions must provide ...
Case • 2002
F.3d at 1278 n.7. [29] What happened next is hotly debated. Cunningham and Soly allege in their complaint that SIS officers simply began to shoot, firing eighteen shotgun blasts and handgun ...
Case • 2002
," nowhere does it suggest what action by a county police officer forms the basis of any claim. The County thus contends that the notice is inadequate because the County is not put on notice of "any action ...
Case • 2003
that any class representative is adequate. Counsel for plaintiffs admits that he has not attempted to undertake what may be a tedious, if not burdensome, task of securing affidavits from the 196 proposed ...
Article • December 15, 2007
of the unfortunate Ricky Ray Rector, who was clearly unaware of what was happening to him, and who had told his attorney just hours before he died that he was "going to vote for Clinton in the fall." Political Pork ...
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