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Article • May 15, 2007
and subsequently dismissed the action. The Ninth Circuit held: 1) The court abused its discretion in denying plaintiff's motion for an extension of time as plaintiff's "inability to comply with a procedural order ...
Article • May 15, 2007
for leave to file a fourth amended complaint. The district court considered four factors in deciding the motion for leave to amend: (1) undue delay; (2) bad faith; (3) futility of the amendment; and (4 ...
Article • May 15, 2007
, but using them on these prisoners for 4 1/2 years was. The court permitted use of leg and waist chains to control the prisoners. Additionally, the Court held the prisoners Eighth Amendment right was denied ...
damages awarded in a 42 U.S.C. §1983 action. A Missouri state prisoner was awarded $1 nominal damages and $3,000 punitive damages by a federal jury on his claim that an employee in the school of a state ...
that Canty had failed to exhaust her administrative remedies. The district court denied the motion, holding: 1) Procedural requirements for filing a Title VII action mandate that the claimant obtain a right ...
Article • May 15, 2007
and that cell searches be performed in the presence of the detainees when they were in the area. The Ninth Circuit affirmed, holding: 1) "A blanket restriction on contact visits for all detainees may present ...
Article • May 15, 2007
venire panel." The government appealed. The Eighth Circuit remanded with directions, holding: 1) After denying the government's summary judgment motion, the district court should have held ...
Article • May 15, 2007
for rehearing, the Eighth Circuit affirmed the district court's dismissal, holding: 1) Prison officials were not required to produce a laboratory analysis of the pills where no report was prepared. Furthermore ...
of state law. The county moved for summary judgment and Moreland moved for partial summary judgment. The district court granted the county's motion in part, holding: 1) Moreland did not demonstrate, prima ...
Article • May 15, 2007
: Rydberg vs. Nassau County, Nassau Co. Supreme Court, Case No. 8669/97. Source: Newsday (New York, NY), March 1, 2001 ...
Article • May 15, 2007
the case to the SRB with instructions to provide Renfro with a new hearing. See: In re PRP of Renfro, 124 Wash.App. 1051 (Wash.App. Div. 1, 2004) (Not Reported in P.3d). ...
could determine how .much money to award Rydberg, Nassau County settled the case for $98,500. Source: Newsday (New York, NY), March 1, 2001 ...
Earles would have to show that: (1) he was engaged in statutorily protected conduct; (2) his employer took adverse employment action against him; and (3) there was a casual link between that conduct ...
Article • May 15, 2007
in Garcia's favor. He was consequently awarded $75,000 in punitive damages and $l nominal damages against Charles Marshall, and $1 nominal damages against Glen Rodman. The defendants' positions were not given ...
Article • May 15, 2007
Filed under: Sentencing
. Div. 3, Case No. 24491-1-III (2006) (unpublished -- see: 2006 WL 2641523). ...
Article • May 15, 2007
." The district court, however, failed to assess four factors to determine if Davy was entitled to attorney fees under the FOIA. The Appeals Court, therefore, remanded for that court to determine "(1) the public ...
Article • May 15, 2007
. The Court held that Conley's right to privacy in her DNA information does not override the governments 'special needs' in: 1) obtaining reliable proof of a felon's identity, 2) deterring convicted felons from ...
administrative process that (1) was empowered to consider his complaint and (2) could take some action in response to it. Larkin does not contend that his excessive force complaint against Lts. Galloway ...
Article • May 15, 2007
the resolution of which will advance the litigation.'" (695) Rule 23(b)(1)(a) supports certification where separate proceedings would create a risk of "inconsistent or varying adjudications . . . which would ...
Article • December 15, 2003
Filed under: Mail, Legal Mail
Court for the Western District of New York dismissed for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Washington appealed. The Second Circuit reversed and remanded, holding: 1) Since ...
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