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Case • 1992
that professional judgment in fact was exercised. It is not appropriate for the courts to specify which of several professionally acceptable choices should have been made." Id. Thus the question is "not what ...
Case • 1995
memorandum regarding the incident, Lieutenant Thieke states the following: I asked inmate Anderson what is the problem he stated he was just real tired of staff not doing what they are supose [sic ...
Case • 1992
establishing that it matters at what point during trial the judgment on competence is made. Access to Expert Services Petitioner claims that he was denied the right to expert services. In Ake v. Oklahoma, 470 ...
Case • 2002
Emergency Response Team responded to the disturbance. [15] The accounts of what happen thereafter diverge, and the jury heard sharply conflicting evidence. Johnson's version of events is that after ...
Case • 1990
Nathan also testified. In essence, he reiterated much of what he already submitted in his reports, which are filed as part of the record in this case. The need to expedite this Memorandum and Order ...
Case • 1986
to the state but also replaces the Supreme court's established doctrine of deference with what amounts to a "least restrictive alternative" analysis. This new standard opens the door to a floodgate of future ...
Case • 1988
here was "clearly established" at the time of the alleged violations. The principal authority on what process is due in prison disciplinary hearings is still Wolff v. McDonnell, 418 U.S. 539, 41 L. Ed ...
Case • 1993
in the First Amendment, our cases have used it as shorthand to describe, at least in part, what the Clause commands. See, e. g., Jimmy Swaggart Ministries v. Board of Equalization of California,493 U.S. 378, 384 ...
Case • 1998
government power arbitrarily and oppressively exercised). While due process protection in the substantive sense limits what the government may do in both its legislative, see, e.g., Griswold v. Connecticut ...
Case • 2001
not arrest Shain for violation of the order of protection, he interviewed Denier because [17] [He] wanted to get a clearer picture of exactly what [Shain] did, to see if [he] could arrest him ...
Case • 2000
based on what he presents on appeal as two separate grounds: first, the alleged failure to state a claim under the GMVA; and second, qualified immunity with respect to both the GMVA and Section 1983 ...
Case • 1998
and Kyl, indicate that prison conditions litigation is what they were targeting. All examples of suits they hoped to squelch were prison conditions suits, including lawsuits challenging "insufficient ...
Case • 1978
for an indefinite duration and were not told what they had to do to regain entrance into the general prison populace. In some instances, even after the prison officials determined that an H-House inmate was ready ...
on in his house. A History of Investigations The question is: What did high-ranking BOP officials know, when did they know it, and did they dodge their responsibility to know by refusing to conduct ...
Case • 1999
at the time of the search. "Clearly established" for qualified immunity purposes means that the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing ...
Case • 2004
the doctor. Spruill also informed Gooler about his fall, to which Gooler responded, "so, what do you want me to do?" Spruill filed an official inmate grievance on May 4 complaining about the fall and new ...
Case • 2001
was released from custody a short time later after making a first appearance before a judge. The detention officers' version of what happened that morning, in brief, was that plaintiff was banging on the door ...
nurse practitioners, then they can trust that the system is catching it. But when people don’t know what to look for, that’s what you worry about.” In significant discomfort on one ...
A Boy Among Men by Maurice Chammah What happens when you throw a teenager into an adult prison? Guess. by Maurice Chammah, The Marshall Project Three years ago, the young man who would ...
Brief • 2003
barely any data documenting what he deems to be nationally accepted police practices. So too, his conclusions about the propriety of non-exigent one-on-one show-ups are inadmissible because ...
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