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Brief • 2006
the defendant fair notice of what the plaintiffs claim is 17 and the grounds upon which it rests." Swierkiewicz, 534 U.S. at 512. A court may dismiss a 18 complaint only ifit is clear that no reliefcould ...
Brief • 2009
for her serious signs and symptoms. Approximately four days later, around March 11, 2008, Plaintiff began vomiting what she thought was feces. On March 12, 2008, Plaintiff put in a kite for medical care ...
Brief • 2011
had never heard of Mr. Peake, and the only information she had about him was what was contained in the documents Detective Warren provided to her. Ms. Knox had no knowledge of Mr. Peake’s political ...
Brief • 2009
) Considering this fact-intensive inquiry, Defendants cannot satisfy their burden of proving that no genuine issue of material fact exists. to what, if anything, First, there is an issue of fact as Hlatky ...
Brief • 2003
, and what corrective action, if any, was taken. The log records the nature of disciplinary action, policy or procedural changes, institutional modifications, and disciplinary action against inmates.) 3 ...
Brief • 2006
that there were other inmates complaining about the gang members and he would see what he could do. 22. Between Lujan’s contact with Romero in mid-April 2004 until July 2005, he spoke with Romero approximately ...
Brief • 2006
consent must be denied. Once again, allowance of such a request would eviscerate the clear requirement of 28 U.S.C. 1446, and interject uncertainty into what is designed to be a clear and definite process ...
Brief • 2009
future searches. As Defendant Buck explained to the Greeley Tribune, “[Cerrillo] was interviewed and indicated this is what the IRS wants, and she does it for a number of people. At that point we had ...
Brief • 2007
for possession of a controlled substance. 9. Norman, who enjoyed good health for most of his life, had been suffering from what seemed like flu symptoms at the time of his arrest. The arresting officers ...
Brief • 2007
Chaffee, an agent ofNDOC, spoke to Plaintiff. 18. Plaintifftold Defendant Chaffee that he needed help. Defendant Chaffee responded with, "What, are you guys tired of sucking each other's dicks?" 3 Case ...
Brief • 1999
, inflammatory language and profanity 6 towards D.C. which could have provoked the inmate during what was already a potentially 7 dangerous situation. She concluded that Appellant’s actions constituted ...
Brief • 2008
;.. ~l·t·Q dP.'rtartati'·il... ..",,1;1' ,. on. w . . 1'7. {~PGRtm~vitl~.sitioexplatiation.o£' has been ' '. what erltetia il !3ob$ldWsblca.,tegor1zing . , ptis\');i)¢)i$ ~$lfpotenfiat.rCEholds.~,·tht3 ...
Brief • 2006
growth and skin bumps. (Fields Decl. ¶¶ 5-7.) Ms. Fields is afraid of what the reduction and termination of her hormones will do to her body, especially her breast implants, and the extra tissue that she ...
Brief • 2010
abrogated"); Austin, 545 U.S. at 224 ("[a] liberty interest having been established, we turn to the question of what process is due"). While States may provide more protection than required by the federal ...
Brief • 2003
needs, even for a period of hours, though the reason for the delay and the nature of the medical need is relevant in determining what type of delay is constitutionally intolerable." McE1/igott v. Foley ...
anything on account of pending litigation involving his custody. 3. Snyder was asked, "Will you return to work, and what job do you want?" He answered that he had never refused to work during the last 7 ...
Brief • June 4, 2007
Filed under: Respiratory, Smoking
~ to smok· ers' fumes - what Carmona termed "in· voluntaiy smoking" - and tens of thou~ sands die each year as a result, concludes ' ,ERSEER ~not .tile • D.C. the 670-~ study. It cites •overwhelming ...
Brief • March 4, 2016
Filed under: Discrimination
about comments. He stated to Cao that Ms. Jones had “an issue” with him, and that “there are rules about a governmental environment.” Chief Diaz warned Dr. Cao that “he has to be careful with what is said ...
of what an ordinary, prudent police/corrections officer would have done under those circumstances. The amount of force used violated Plaintiff’s rights secured by the 4th Amendment to the United States ...
to be subjected to, use of force far in excess of what an ordinary, prudent police/corrections officer would have done under those circumstances. The amount of force used violated Plaintiffs’ rights secured ...
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