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Brief • November 26, 2008
effective remedy." Plaintiff does not specify what those "inconsistent conclusions" could be. 3 Case 5:06-cv-00144-TBR Document 66 Filed 11/26/2008 Page 4 of 13 "The fact that some plaintiffs may ...
Brief • March 6, 2012
lay layout "a "a short and plain statement of the claim showing that the pleader is entitled to relief relief" in order to of what the ... claim is and the grounds upon which it rests." "give ...
not understand what was being proposed by plaintiffs. Therefore, on June 18 plaintiffs sent a letter to defense counsel clarifying the Rule 42(b) motion and explaining why CCA’s suggestion of a bellwether approach ...
. There is, in other words, a form of extortion, and it is what is - 11 - Case 1:10-cv-00153-MMB Document 22 Filed 05/07/10 Page 16 of 18 done in the course of negotiation, rather than the issuance or any formal use ...
Brief
of the nature of what was being done. In addition, Defendants Barela, Wooley, Soliz and Roach had a duty to properly screen, hire, train, monitor, supervise and/or discipline employees of DACDC. Defendants Barela ...
Brief • March 26, 2009
the police communication system, but she deliberately omitted the fact that a citizen had been injured 6 by a police officer, in what turned out to be a fatal shooting. 4.7. As the highest-level officers ...
Brief • September 16, 2009
, the substantive law determines what facts are IImaterial ll • A material fact issue exists if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. support However ...
Brief • January 27, 2011
. Inmate Steiner subsequently asked Plaintiff, inmate Jones, and inmate Brent Leathers ("inmate Leathers") what happened to the video game disk. Inmate Jones told him that Defendant Kolman had the disk ...
Brief • September 19, 2007
individual issues. See Sterling, 855 F.2d at 1197. The claims in the Action are based on what Plaintiffs allege to be a single course of conduct: the Defendants’ unconstitutional policy of strip searching all ...
Filing • August 18, 2015
Filed under: Filing Fees (PLRA)
and meritorious litigation. Instead, the legislative history shows that, even when legislators were eager to end what they viewed as frivolous lawsuits, they did not intend to prevent prisoners from filing ...
Brief • May 11, 2007
Mexico Office of the Treasurer, 959 F.Supp. 1426, 1432 (D.N.M. 1997) (same). Plaintiff’s Second Amended Complaint contains only a single reference to equal protection so it remains entirely unclear what ...
Brief • March 31, 2005
here: whether the evidence created a fact issue concerning Johnson's prima facie case. This Court does not conduct fact-finding; yet, that is essentially what the Department asks of us. Because ...
Brief • January 14, 2011
as a possible witness until May 26, 2010, five months after the discovery deadline. First, much of what Plaintiffs classify as “expert testimony” is, in fact, permissible lay 17 Case 3:09-cv-00403-MMH-JRK ...
Brief • April 16, 2008
the M26 [Taser]? MR. PETER [attorney for Defendant]: Objection. ... MR. PETER: Go ahead and answer. A: If that is what I was looking for, sir, but that – Q: The answer is yes or no. Then, you can explain. 5 ...
Brief • April 8, 2011
as a compelling interest, the Court must reject that claim.") (citing Cutter, 544 U.S. at 709). The evidence presented in the instant case is substantially different from what was presented to the court ...
Brief • June 30, 2008
and punitive damages payable to Mr. DiCamillo's estate, but a declaration that the Herkimer County Sheriff s Department and the County of Herkimer are responsible for what happened to this man ...
Brief • August 31, 2005
analysis carried out by the errant members of the Municipal Police Force. Given the lack of equipment to measure the noise, this led to what appeared to be a pattern of selective enforcement of the Public ...
Brief • January 16, 2004
cell door allowing male inmates to rush into the cell. Plaintiff again before and after this incident complained to jailers concerning what was apparently a 25 -7- pattern and practice of unlocking ...
Brief • February 4, 2000
Filed under: Search and Seizure
by prisoners. 4 DOC's only argument is that the Seizure Statute itself strips what is concededly community property of its community character. DOC Br. at 10 ("The plain language ofRCW 72.09.480 clearly ...
Brief • March 24, 2011
. Plaintiff explained what he was doing to the security guard and door personnel and both allowed him to enter. 11. While Plaintiff went inside, Cox and Hodges waited outside. 12. Having retrieved the money ...
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