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United States v. Quinones-205 F.Supp.2d 256 (SD NY 2002)

Case • 2002

to consider such a claim at this belated stage. 506 U.S. at 420. Justice O'Connor continues: Ultimately, two things about this case are clear. First is what the Court does not hold. Nowhere does the Court ...

Buise v. Hudkins-584 F.2d 223 (7th Cir. 1978).

Case • 1978

that accepting Buise's claim that he could not be transferred would mean that a prison could never transfer its last writ writer, no matter what his misconduct and no matter what the prison's administrative needs ...

D.B. v. Tewksbury-545 F.Supp. 896 (D OR 1982)

Case • 1982

Department to gain access to the child. n7 An inmate manual governs the conduct of adults held in CCCF. Children are not advised what behavior will result in disciplinary action or sanctions ...

Glover v. Johnson-855 F.2d 277 (6th Cir. 1988)

Case • 1988

fact-finding by the district court. However, some facts necessary to an understanding of what we decide today appear to be incontrovertible. [30] Spring Arbor College, a private degree granting ...

Brown v. Budz-398 F.3d 904 (7th Cir. 2005)

Case • 2005

. Gomez v. Toledo, 446 U.S. 635, 638 (1980) (citing 42 U.S.C. § 1983). There is no dispute that Brown's complaint adequately alleges that each defendant acted under color of state law. What is in dispute ...

Williams v. Wilkinson-122 F.Supp.2d 894 (SD OH 2000)

Case • 2000

as it contains a factual impossibility. A "factual impossibility" is typically a criminal defense and is defined as "the situation in which the defendant is unable to accomplish what he intends because of some ...

Texas Dept of Criminal Justice v. Miller-51 S.W.3d 583 (Tex. 2001)

Case • 2001

, 923 S.W.2d at 585-86. If there is waiver in all of those cases, the waiver of immunity is virtually unrestricted, which is not what the Legislature intended. Id. at 586; see Lowe, 540 S.W.2d at 302 ...

Farrow v. West-320 F.3d 1235 (11th Cir. 2003)

Case • 2003

to Farrow, Dr. West responded that he did not care what Farrow needed and was "sick of being bother[ed] with [him]." Dr. West told Farrow to sign a waiver form acknowledging his refusal of the physical ...

Lockyer v. Andrade-123 S.Ct. 1166 (2003)

Case • 2003

on whether habeas relief is barred by §2254(d)(1). Pp. 6-7. [12] (b) This Court must first decide what constitutes such "clearly established" law. Andrade claims that Rummel, Solem, and Harmelin clearly ...

Estate of Christopher A. Moreland v. Dieter-395 F.3d 747 (7th Cir. 2005).

Case • 2005

underneath a blanket as pepper spray filled the air, but he heard a struggle between Moreland and Moffa and at one point heard what he said was "the sound of a basketball bouncing off concrete." The other ...

United States v. Vasquez-389 F.3d 65 (2nd Cir. 2004).

Case • 2004

that are not easily categorized as issues of either fact or law. The most common problem concerns review of a sentencing judge's application of a guideline to the facts. Sometimes, what appears to be an "application ...

Torcasio v. Murray-862 F.Supp 1482 (ED VA 1994)

Case • 1994

. Plaintiff asserts a number of conditions of confinement violated his constitutional and statutory rights. Listed below are plaintiff's claims, the defendants' response indicating what actions they took ...

Valdez v. Farmon-766 F. Supp. 1529 (ED CA 1991)

Case • 1991

to comply with reception procedures, including a strip search. Ayers asked Ortiz what she had done to obtain compliance with her orders and Ortiz told him. 15. Ayers called his immediate superior, Program ...

Porter v. Nussle-122 S.Ct. 983 (2002)

Case • 2002

: what injury must a plaintiff allege and show; what mental state must a plaintiff plead and prove. Proof requirements, once a case is in court, however, do not touch or concern the threshold inquiry ...

Dawson v. State-554 S.E.2d 137 (GA 2001)

Case • 2001

ones, and what those are the judiciary must judge"). [11] Similarly, prior rulings by this Court regarding the constitutionality of the use of electrocution cannot be deemed determinative ...

Morse v. Wash. State Dept. of Corrections-129 Wash.App. 1015 (Wash.App.Div.1, 2005)

Case • 2005

violation and breech {sic} in what the Dept. of Corrections stands for. [22] The question is not who reports it, in what time frame, but that it happens repeatedly with management being aware ...

Estelle v. Gamble-429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976)

Case • 1976

. JUSTICE STEVENS, dissenting. [32] Most of what is said in the Court's opinion is entirely consistent with the way the lower federal courts have been processing claims that the medical treatment ...

Bugg-Barber v. Randstad US, L.P.-271 F.Supp.2d 120 (D.D.C. 2003)

Case • 2003

, Chrishelle Bertrand. Ms. Wheeler approached Ms. Bugg-Barber and, as she routinely does to keep the call center operating efficiently, asked, "what are you working on[?]" Randstad St. P 17 (quoting Wheeler Dep ...

Tyler v. McCaughtry-293 F.Supp.2d 920 (E.D.Wis. 2003)

Case • 2003

at DCI prevented him from discovering what papers needed to be included with his petition and what the correct filing fee was. II. STANDARD OF REVIEW Rule 11 of the Rules Governing Section 2254 Cases ...

North v. Superior Ct of Riverside Co-502 P.2d 1305 (Cal. 1972)

Case • 1972

with what appeared to be custom carpeting of a "shag type, with long pile, possibly multi-colored yellow and brown." [13] Following the alleged incident, the officers showed the victim a series of 13 ...