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Case • 1988
175, 101 S. Ct. 1830 (1981) (quoting Pughsley v. 3750 Lake Shore Drive Cooperative Bldg., 463 F.2d 1055, 1057 (7th Cir. 1972)). What constitutes adequate notice depends upon the facts of the case ...
Case • 1983
under what circumstances a court can or should appoint a medical expert for an indigent litigant. [50] The last objection concerns the district court's refusal to enforce a subpoena. The district ...
Case • 1992
. Chilicky, 487 U.S. 412, 423, 101 L. Ed. 2d 370, 108 S. Ct. 2460 (1988) ("When the design of a governmental program suggests that Congress has provided what it considers adequate remedial mechanisms ...
Case • 1984
), and Moore v. Illinois, 434 U.S. 220, 226-227 (1977), merely describe what the Kirby plurality had required for the Sixth Amendment to attach, and held that the plurality's test was satisfied. In neither case ...
Case • 2002
by its original request for excessive use of force records. However, the sheriff does not explain what the practical difference is with regard to these two terms, nor does he cite us to any authority ...
Case • 1981
it, about what he was like. Some of you may be fathers and I'm a father. With a little bad luck, my boy might sometime have to go to an institution like that for robbery or theft.... for burglary, and he ...
Case • 2002
not the `client's.'" United States v. Upjohn Co., 600 F.2d 1223, 1225 (6th Cir. 1979). Thus, the Sixth Circuit adopted what had become known as the "control group" test. This test provides that in the corporate ...
Case • 2000
consent decrees and to restrict 'the ability of Federal judges to affect the capacity and conditions of prisons and jails beyond what is required by the Constitution and Federal law.'" Hadix v. Johnson, 144 ...
Case • 2002
effectively is what plaintiff would have this court attempt. "In allocating . . . a scarce resource within the prison system, . . . [prison officials] must be permitted wide discretion to use that resource ...
Case • 1986
with the consent decree, "any dispute as to what is a reasonable amount of money or physically possible shall be submitted to the Court for resolution of that dispute." 2. The consent decree provided: "Air ...
Case • 1986
not. First, while the Supreme Court has been divided over what statutes may serve as a basis for liability under § 1983, the Court, and lower courts, have never expressed any doubt that § 1983 provides a cause ...
Case • 2005
stemming from the defendants' handling of what was ultimately diagnosed as an esophageal ulcer. Greeno argues that by failing to order further testing or provide him with effective treatment for over two ...
Case • 1984
of the plea bargain and therefore permitted the defendant to withdraw his guilty plea. The defendant then proceeded to jury trial and was ultimately sentenced to a term in excess of what had been originally ...
Case • 1980
witnesses or to obtain copies of certain documents, he does not indicate what information could have been obtained from such sources that was not available from the court records introduced by the parties ...
Case • 1987
. Implicit in this analysis is the recognition that in some cases emergency conditions can justify the postponement of due process protections. It is unclear what the Hughes Court meant by the term "emergency ...
Case • 2004
for a summary judgment. However, in a case in which there is a complaint that is more detailed n9 than what is required under the rules of notice pleading, n10 an affidavit asserting the same allegations asserted ...
Case • 2001
, I refused the request and told them that I did not need the Attorney General of Texas to tell me what my duties as Chief Judge of The Southern District of Texas were. Chief Judge John R. Brown had ...
Case • 2003
Bowman's arguments. First, Bowman did not object to the admission of what she describes as "habit" testimony by Myers at trial. Bowman has, therefore, waived any objection she may have had to such testimony ...
Case • 2003
notice of what the plaintiff's claim is and the grounds upon which it rests." Conley v. Gibson, 355 U. S. 41, 47 (1957) (quoting Fed. R. Civ. P. 8(a)(2)) (footnote omitted). Every prisoner must comply ...
Case • 2003
concluded that Section 1997e(d)(2) gives the district court discretion to determine what constitutes a proper portion -- up to 25 per cent. See Sutton v. Smith, 2001 U.S. Dist. LEXIS 9011, 2001 WL 743201 ...
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