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Case • 1997
(1983), and Taggart v. State, 118 Wash. 2d 195, 822 P.2d 243 (1992). I continue to believe those decisions ignore the reality of what officials exercising the cursory supervision permitted by state ...
Case • 1999
of rights is indelibly stamped upon its history, to say to its indigent prisoners seeking to redress what they believe to be the State's wrongs: 'Go to the federal court.'" Id. The Court held that, in failing ...
Case • 1998
.3d 14, 17 (2d Cir. 1994). To be clearly established, "the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Id ...
Case • 1994
] Dr. Vargo testified that the inmates all know of the limited significance of the "waiting list," but "sometimes they hear what they would like to hear." Under the circumstances, I cannot fault ...
Case • 1996
(1952) ("Juries are not bound by what seems inescapable logic to judges."). [**18] III. Qualified Immunity Defendant Connors belatedly argues that she is entitled to qualified immunity, and thus ...
Case • 1999
evidence in the form of affidavits demonstrating what the typical hourly rates are for attorneys in the Reno, Nevada area. This evidence is irrelevant, for the question is whether Reno (or Las Vegas) had ...
Case • 1999
for what happened to the $195,000. The court noted that the testimony and documents underlying the new trial motions were in evidence; therefore, defense counsel had been free to make any arguments based ...
Case • 1995
part re-affirming its precedents. The Farrar decision does not undermine this court's original determination of what constitutes a reasonable fee award in this case. [34] In Farrar, the plaintiffs ...
Case • 1992
Manual 1 (Sept. 1989) [hereinafter "SDU Manual"]. Rarely was she fully aware of what was going on around her. The record indicates, for example, that Clarkson underwent HIV testing without her knowledge ...
Case • 1996
U.S. 401, 407-08, 109 S. Ct. 1874, 1878-79, 104 L. Ed. 2d 459 (1989). However, in order to elaborate on what Congress meant by using the term "least restrictive means," we must determine its meaning ...
Case • 1994
. 74 (1993). Thus, because the similarly situated inquiry depends on what government action the plaintiffs are challenging, we must first precisely define the plaintiffs' claim. The third amended ...
Case • 1992
tiers of B block also would be constitutionally permissible, but only if construction similar to what has been done at D block relative to common area space were accomplished, as defendants represented ...
Case • 1994
, 1989, Joseph's son, plaintiff Anthony Varrone, and his companion, Susan Wight, spent what prison officials term a "contact visit" with Joseph at the Facility during regular visitation hours. This [**2 ...
Case • 2001
pleadings are subject to a lesser standard than pleadings drafted by lawyers. Haines v. Kerner, 404 U.S. 519, 520 (1972). Thus, to the extent that there is any question about what claims Morrison raised ...
Case • 2000
] confiscation." (Am. Compl. P 40). Although just barely meeting the minimum of what is required, plaintiff has alleged facts as to the personal involvement of both Artuz and Selwin sufficient to withstand ...
Case • 2003
, defendants would have seen what plaintiffs assert they already knew--that Rowe was seriously ill. b. Duty [**15] to Fund Medical Care--§ 14-6-19 Plaintiff alternatively argues that the Count breached a duty ...
Case • 1976
, but fell flat on their face. The adjustment centers have been recognized for what they are . . .. "Segregation and isolation units" (the "hole") were merely relabeled "adjustment centers" with temporary ...
Case • 2003
. [48] *fn7 One example of a damages claim for an alleged violation that would be indirectly invalidating, or what the Court in Heck calls "other harm caused by actions whose unlawfulness would render ...
Case • 2005
and potential plaintiffs, a summary of what happened to them, the date of their detention, and other information. The list indicates that sixty-four people were subject to the naked detention policy. Twenty ...
Case • 1980
with recorded findings of fact or conclusions of law. What the record indicates is that the court ordered the 500-inmate limit merely to bring the jail closer to compliance with state law.*fn10 As stated above ...
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