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Case • 1998
the revocation process. Cf. Butz, 438 U.S. at 515 ("[a]n agency official, like a prosecutor, may have broad discretion in deciding whether a proceeding should be brought and what sanctions should be sought ...
Case • 1998
that a reasonable official would understand that what he is doing violates that right." Anderson, 483 U.S. at 640; see Swanson v. Powers, 937 F.2d 965, 968 (4th Cir. 1991), cert. denied, 502 U.S. 1031, 116 L. Ed. 2d ...
Case • 1985
the needs of changing times, the All Writs Act now permits what, in the time of McIntire and McClung it did not." 737 F.2d, at 1292 (footnote omitted). Judge Atkins, sitting by designation from the Southern ...
Case • 1979
, 557 F.2d 278 (2d Cir. 1977) (where no request for permission to amend complaint was made after it was dismissed by district court, and where there was no disclosure of what additional allegations might ...
Case • 1986
belief which prohibits him from trimming his beard, we must determine what standard of review to apply to Fromer's claim that Directive #4914's grooming requirements infringe upon his first amendment right ...
Case • 2001
deserved what I got and must've did something to provoke the attack." (Id.) When plaintiff replied, "I testified against [**25] Smith," he alleges he was told, "There you go." (Id.) He alleges that Story ...
Case • 2002
for the medical field so that they get a general idea of what different things look like. [59] 36. The Lyon County Detention Center Policy and Procedures Manual did not contain any procedures or guidelines ...
Case • 2002
the jury to resume deliberations, and stated that the jury was entitled to reconsider or stand by its findings on liability, "[b]ut then when you face damages on the 1983 charge, you have to decide what ...
Case • 2002
recognized -- indeed put forward by the Justices to illustrate what the states may properly do -- that such expressions cannot be dismissed as unconsidered dicta."). The Beacham court specifically declared ...
Case • 1988
the substance of what I had to say on another occasion about the recidivist legislation of Texas: [52] 'If the Constitution gave me a roving commission to impose upon the criminal courts of Texas my own ...
Case • 2001
to guess what arguments an objecting party depends on when reviewing a [magistrate judge's] report. See also Branch v. Martin, 886 F.2d 1043, 1046, 1989 U.S. App. LEXIS 15084 (8th Cir. 1989)("no de ...
Case • 2002
] Inmate access to religious personal property items is determined by religious necessity and the security policies and procedures of the institution. What constitutes a religious necessity is determined ...
Case • 1963
mentally abnormal, intermingle without adequate supervision. [16] Whether respondents are entitled to maintain these suits requires us to determine what Congress intended when it passed the Federal ...
Case • 1979
projector. The billy contained well below a lethal dose, even when used in a confined area. The dust projector, however, contained what appellants admitted is close to a lethal dose. The district judge ...
Case • 1986
. 864, 94 S. Ct. 114, 38 L. Ed. 2d 84 (1973). [48] We reject the Eighth Circuit's approach for several reasons. Most importantly, it does not directly address what we consider the heart ...
Case • 1987
over some of the publications. On remand the district court should determine whether and to what extent the individual rejections are moot. As to those which are not, the court should determine ...
Case • 1983
a recommendation to the Administrator, who then decides what action to take: [22] "[The Administrator] may, as the final decisionmaker: [23] "(a) Affirm or reverse, in whole or in part ...
Case • 1937
of these questions in the Whitfield case should not be permitted to weigh against our contentions here. This is especially true, because if what we consider to be dicta in the Whitfield case is accepted as binding ...
Case • 2003
continue as a class action and, if it can, what kind of a settlement would be in the best interest of a class that includes a small number of locatable members and a huge number of members with whom contact ...
Case • 2003
what, if any, harm Plaintiff suffered as a result of Defendants' failure to mail the correspondence at issue. Therefore, the request cannot be considered as burdensome or overbroad. Significantly ...
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