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Walker v. Bain-65 F. Supp.2d 591 (E.D.Mich. 1999)

Case • 1999

enforcement of civil rights by means of lawsuits. As a general principle, "what Congress giveth, . . . it can also taketh away." Burks v. American River Transp. Co., 679 F.2d 69, 76 (5th Cir. Unit A 1982 ...

Justice v. Coughlin-941 F. Supp. 1312 (ND NY 1996)

Case • 1996

to the district court for consideration of whether the plaintiff had stated a case under Sandin. Id. at 36-38. The court noted that "it is . . . unclear to what extent the Sandin analysis confers a liberty interest ...

Tabron v. Grace-6 F.3d 147 (3rd Cir. 1993)

Case • 1993

that there were clearly many more episodes of infection, that this is indeed what happened when the infection was promptly treated. In any event, the district court improperly indulged certain assumptions that were ...

Mandala v. Coughlin-920 F. Supp. 342 (ED NY 1996)

Case • 1996

). Having set forth the standard for "deliberate indifference," the Court now considers what constitutes a "serious medical need." As Judge Pratt recognized in his dissenting opinion in Nance v. Kelly, 912 F ...

Jones v. Murray-962 F.2d 302 (4th Cir. 1992)

Case • 1992

of a DNA identification program easily can be accomplished without application of the ex post facto sanction, we conclude that "the legislature would be satisfied with what remains after the invalid part has ...

Nolley v. County of Erie-802 F. Supp. 898 (WD NY 1992)

Case • 1992

that Louise Nolley was forced to endure. Id. But what made defendant's decision to segregate plaintiff so ignoble was its permanent duration, with no administrative review whatsoever. In H.C. by Hewett v ...

Ayo v. Bathey-106 F.3d 98 (5th Cir. 1997)

Case • 1997

that there were clearly many more episodes of infection, that this is indeed what happened when the infection was promptly treated. In any event, the district court improperly indulged certain assumptions that were ...

Jolly v. Klein-923 F. Supp. 931 (SD TX 1996)

Case • 1996

, 883 F.2d 400, 408 (5th Cir. 1989). A legal right is clearly established if the contours of the right are sufficiently clear that a reasonable official would understand that what he is doing violates ...

Marts v. Hines-117 F.3d 1504 (5th Cir. 1997)(en banc)

Case • 1997

. In December 1937, the Supreme Court adopted what are now the Federal Rules of Civil Procedure. Rule 73 governed the mechanics of taking an appeal, including the form of notice of appeal, but did not initially ...

Gutierrez v. Peters-111 F.3d 1364 (7th Cir. 1997)

Case • 1997

that there were clearly many more episodes of infection, that this is indeed what happened when the infection was promptly treated. In any event, the district court improperly indulged certain assumptions that were ...

Farmer v. Hawk-991 F. Sup. 19 (D. DC 1998)

Case • 1998

. The information contained in the Log however, is inconclusive at best--staff do not always indicate which prisoner or prisoners they plan to visit or for what purpose. It is by no means clear that anyone visits ...

Magluta v. Samples-375 F.3d 1269 (11th Cir. 2004)

Case • 2004

to be clearly established, its contours must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. Hope v. Pelzer, 536 U.S. 736, 739, 122 S.Ct. 2508, 2515 ...

Hawker v. Consovoy-198 F.R.D. 619 (D NJ 2001).

Case • 2001

and concludes that it is based on inmates' unrealistic expectations of what this class action intended to accomplish. These objectors must recognize that a settlement necessarily involves compromise. Having ...

Strachan v. Ashe-548 F.Supp. 1193 (D MA 1982)

Case • 1982

; and the determination of what punishment is effective and fair considering the nature of the offense and the character of the offender should be left to the informed judgment of prison authorities. But prison authorities ...

Meriwether v. Coughlin-879 F.2d 1037 (2nd Cir. 1989)

Case • 1989

not know that what he did was in violation of constitutional law" and a competent New York State Commissioner of Corrections could not have been expected at the time to know that the challenged conduct ...

Cancel v. Mazzucca-205 F.Supp.2d 128 (SD NY 2002)

Case • 2002

of the position to be delivered to Ms. Perez and Mr. Perry. Id. P 71. Ms. Perez and Mr. Perry denied the promotion on the basis of what Mr. Cancel claims was "a clearly bogus excuse." Id. P 72. Mr. Cancel re-wrote ...

In Re Southern Ohio Correctional Facility-173 F.R.D. 205 (S.D. Ohio 1997).

Case • 1997

. As addressed earlier in this Order, we believe that the non-economic relief afforded to the class members is more than what could be achieved through litigation and is therefore more than adequate. The Parties ...

Palermo v. CMS, Inc.-133 F.Supp.2d 1348 (SD FL 2001)

Case • 2001

prescribed a balm for what was perceived as arthritis of the wrist. Lane at 64. Lane also had a lice problem. Lane admits that Dr. Fisher prescribed a special shampoo to treat it, but alleges that Dr. Fisher ...

Castillo v. Cameron County, Tex.-238 F.3d 339 (5th Cir. 2001)

Case • 2001

motion to terminate the existing relief. Although the court did expressly state that it was continuing the relief, that language is a mere truism - it did no more than state what would happen by operation ...

Surprenant v. Rivas-424 F.3d 5 (1st Cir. 2005)

Case • 2005

as "the hole." [14] While the parties agree to these raw facts, they offer starkly different accounts of what transpired before and after the enumerated events occurred. Rivas claims that immediately ...