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Case • 2005
, and conducted additional tests to determine to what extent, if any, Reaves' outbursts were attributable to a frontal lobe injury. She noted that Reaves was refusing his breakfast and lunch meals due ...
Case • 2004
plea. Because a plea to the jurisdiction is not so much a motion as a category of complaints, it will always be hard to say with particularity or uniformity what rules ought to apply. Wisely, the Texas ...
Case • 2001
the refusal to submit to x-rays and peculiar dietary preferences. Aside from her allegation regarding the opening of mail, this is precisely what plaintiff is asking Bedford Hills to do. Because this Court ...
Case • 2001
of an employer-employee relationship, the Ninth Circuit has established what it refers to as "a useful framework." Bonnette, 704 F.2d at 1470. Although, "not etched in stone," the Ninth Circuit has stated ...
Case • 2001
traffic. [14] What happened next is subject to further dispute. Plaintiffs aver that officers Smith and Herring forcefully removed Mr. Cross from the auto and "were verbally abusive and perverse ...
Case • 2001
would be lost. [53] The decision of the district court is AFFIRMED. [54] Diane P. Wood, Circuit Judge, with whom Williams, Circuit Judge, joins, concurring. I agree with much of what ...
Case • 2000
not establish what a plaintiff must plead in a complaint. In any event, the court does not believe that liability depends upon whether members of the institutional staff received actual, particularized notice ...
Case • 2001
court judgment are bound by the Full Faith and Credit Act, 28 U.S.C. § 1738, to apply the law of the rendering state to determine whether and to what extent the state court judgment should have preclusive ...
Case • 2000
to plaintiffs simply because they were not available. What ideas not been adequately justified, however, is the practice of removing even a detainee's underclothing. [33] This is particularly troubling ...
Case • 2001
.3d 1308, 1313 (11th Cir. 1996) (observing that "excessive alcohol and drug use" is not "evidence in mitigation"). That is in fact what Britt decided to do here, based on his experienced judgment ...
Case • 1988
is to preserve and strengthen the child's family ties whenever possible; and, when it is found necessary to remove him, to secure for him custody, care and discipline as nearly as possible equivalent to what he ...
Case • 1990
to assignment or alienation. In our view, the two statutes are more persuasively reconciled by holding that the LMRDA determines what sort of judgment the aggrieved party may obtain, while ERISA governs ...
Case • 1987
, enlargement or surety shall be made."*fn1 In this case, we are asked to decide what factors these provisions allow a court to consider in determining whether to release a state prisoner pending appeal ...
Case • 2003
. 1; Dole, 483 U.S. at 207. Courts should defer substantially to Congress' determination as to what lies within the general welfare. Dole, 483 U.S. at 207. Second, "if Congress desires to condition ...
Case • 1999
by considering whether the incarcerated obligor has other assets that can be used to meet the obligation, some by determining what is in the best interest of the child, and some by a combination of these factors ...
Case • 2002
the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 168 (1993) (citation omitted ...
Case • 2002
Richardson to see defendant Capra. (See Pl.'s Am. Compl., § IV). Capra informed Richardson that he was aware of what had happened between Richardson and defendants Hillman and Deacon at Greenhaven; Capra also ...
Case • 2002
, 122 S. Ct. 2508 (2002). Liability only attaches if "the contours of the right [violated are] sufficiently clear that a reasonable official would understand that what he is doing violates that right ...
Case • 2006
counterparts received, it failed to comply with the statutory mandate. [39] In analyzing what the Legislature meant in enacting a given statute, our first step is to examine the statute's words because ...
Case • 2002
from appropriate and recognized Shi'a religious authorities in an effort to determine what is and is not required for Shi'ite inmates to practice their religion. The Constitution does not require prison ...
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