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Case • 1995
, the narrow question on appeal is what constitutes a "pleading" within the meaning of Rule 38. [35] The Federal Rules of Civil Procedure, like any statutory scheme, should be given their plain meaning ...
Case • 1992
ultimately concluded that resolution of what actually happened was irrelevant to the qualified immunity claim, because the appropriate focus was on the perceptions of the officers. See 954 F.2d at 965-66 ...
Case • 1997
) (citing York v. Detroit (After Remand), 438 Mich. 744, 757, 475 N.W.2d 346 (1991)). [**7] n4 The Supreme Court expressly did not address "at what point a risk of inmate assault becomes sufficiently ...
Case • 1993
on the parties' briefs, this case presents a question of what is required for a fair trial and due process. There are many cases dealing with the shackling of defendants in criminal cases, a practice which has ...
Case • 1993
is to be jealously guarded. It is the right of a human being to respond to what that person's conscience says is the dictate of God. It is not a right to be readily trammeled by the state. A human being does not cease ...
Case • 1986
. United States, 371 U.S. 471, 9 L. Ed. 2d 441, 83 S. Ct. 407 (1963). Barr further argues that the district court should have conducted a taint hearing to determine what fruits, if any, were obtained ...
Case • 1985
the indication "M 2240." Below the line containing Calvin Johnson's name, in what appears to be different handwriting, is the indication "M 2240- was present." Form JBC-141D also contains a block captioned ...
Case • 2001
imprisonment is an available ordinary sentence. See [State v.] Serrone, supra, 95 N.J. [23,] 25 [(1983)]. But, NERA does not define what would constitute 85% of life for the purpose of applying NERA's parole ...
Case • 2001
hour until his parents posted bail for his release. No further charges were leveled against Fyvie. n4 There is a dispute as to what Fyvie said at this time. Fyvie states he was merely asking ...
Case • 2002
it is too vague. [38] [T]he void-for-vagueness doctrine requires that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct ...
Case • 2004
, but the record does not disclose what that [*935] evidence might be. Id. at Ex. C. No physical evidence was introduced at the hearing. Id. at Ex. E. In addition, there is a reference to "confidential informants ...
Case • 2001
that the number of persons involved in restraining Guy would excite the crowd and that the reported use of pepper spray would inflame them. What he has not been shown to know is that there were gang members among ...
Case • 2004
been generated or collected; how they have been kept confidential; what specific interests (e.g. of the police officers, of law enforcement, or of public concern) would be injured by disclosure ...
of what is happening, they are incapable of explaining why it is happening and who benefits from this state of affairs. Not so with Lockdown America. Anyone interested in learning not only how ...
Article • May 15, 1996 • from PLN May, 1996
Committee for the Right to Keep and Bear Arms. What is interesting is that LaCourse "loaned" the campaign almost $20,900. Carlson "loaned" it almost $2,000. I find it interesting that LaCourse has tens ...
Article • January 15, 2005 • from PLN January, 2005
the value of that asset. While PRIDE's prisoners earn pennies an hour, Davis is paid $236,000 a year to be ITC's CEO. Davis' salary has increased 35% since 2000. That salary is more than double what ...
: calling her a faker, laughing at her, dragging her, dropping Gina's limp hand onto her own face and finally threatening to video tape the girl to prove "what a pathetic and uncooperative child she ...
Article • March 15, 2002 • from PLN March, 2002
and contemptuous .No matter what a lawyer's feelings toward a client may be, the Court determined that does not prevent him from providing effective assistance .A defendant must still show how the conflict caused ...
are more likely to get outraged over lax treatment of prisoners, like the flap about the Massachusetts Department of Correction allowing convicted murderers to hold a Christmas party. But, no matter what ...
was transported to the Snohomish County jail where better medical facilities were supposed to be available. But Miller was quickly rushed back to the hospital only two days later, and died the next day from what ...
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