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Case • 2000
that the standard for determining Eighth Amendment liability is wantonness, but "the state of mind that satisfies the requirement that the physical abuse be wantonly inflicted is not fixed. What constitutes a wanton ...
Case • 2001
. This allegation was reported to Liggett, who assigned Robert McLean to investigate. Tate testified that Whetzel threatened that he would lengthen her stay at YDC if she told anyone what he had done, so Tate gave ...
Case • 2002
, 483 U.S.635, 643 (1987)). When there are unresolved disputes of historical fact relevant to whether the officer had probable cause and to what information he possessed -- and thus to whether he may ...
Case • 2006
to "such administrative remedies as are available," §1997e(a)'s text strongly suggests "exhausted" means what it means in administrative law. P. 11. [14] (2) Construing §1997e(a) to require proper exhaustion also ...
Case • 1998
" or expected incidents of prison life. Id at 486. The Court's specific reference to administrative segregation as "typical" of what can normally be expected as an incident of prison life prompted some courts ...
Case • 2004
car, and asked Tinius for his name and what he was doing. Tinius replied that he was "just walking down the road." Plaintiff's Suppl. App. at 5. Tinius refused to give Deputy Potthoff his name. Tinius ...
old ones. We wore what we had for three days, some of us had menstrual blood all over us." The Overpass environment was torturous as well. The hot New Orleans summer sun baked prisoners and roasted ...
Case • 2006
the holding we would reach based on the plain reading of the statute is primarily based on Doe III's (1) reading of the term "liable" in the Act, (2) footnote 9, and (3) discussion of what completes a cause ...
over the very basics of his case file – what self-help classes he had successfully completed and whether he had any serious rule violations during his incarceration (he did not). It felt like ...
Brief • October 1, 2007
couldn’t believe what – that this was happening to him in this day and age.” [39] 5 At one point, Williams asked Crisp to call the police. Crisp told Williams it would not be 6 necessary. [40] During ...
Brief • March 8, 2011
that he was the owner of the property and, in effect, consented to their entry into the yard by 4 o 1 2 saying words to the· effect of, "why don't you jump over the fence and see what happens." Mr ...
Brief • August 14, 2017
understanding what these things mean, and are violated without meaningful preliminary or final hearings, all fail to provide parolees with adequate due process. 10 Case 2:17-cv-04149-SRB Document 1 Filed 08/14 ...
serious mental problems, he suffers from what even prison doctors admit are “complicated mental health disorders” – problems so acute as to require inpatient care. In Gay v. Chandra, 652 ...
Publication
quiet. In contempt of cop arrests, the individual is arrested for showing “contempt” towards a law enforcement officer, either by the way they speak to the officer or by refusing to do what the officer ...
Publication
Filed under: Juveniles, Juvenile Prisons
of Children and Family Services and the line staff took what was a questionable practice and then poorly implemented and executed it. This event was orchestrated without any clear policy or procedural direction ...
Publication
little or no opportunity to test the reality of his worst fears, nor direct the emotional intensity provoked by the harsh environment into productive activities. 3 Prisoners do what they can to cope. Many ...
Publication • May 30, 2012
other members of the departmen~s Port Security Team of misconduct while on the job in what police brass called "Lobstergate," because lobster shells were found in one oftbe squad's boats. After three days ...
Brief • August 12, 2013
on violations of their Fourth Amendment rights. The purpose of this Opinion (the “Remedies Opinion”) is to determine what remedies are appropriate in these cases. I address both cases in one Opinion because ...
Brief • August 23, 2022
. “That's why I adore you and your time issues” after Plaintiff worked a shift until 4 am. h. “Have I told you lately that I love you.” i. “Your smile is awesome.” j. “What if I asked you to marry me ...
Brief • October 11, 2022
Wall at Red Onion State Prison in August 2015. The issue at hand is whether the Court should impose sanctions for Defendants’ spoliation of video evidence concerning the incident and, if so, what ...
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