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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
telling the prisoners what was in store for them. The first step would be to move the PCP prisoners to remote prisons scattered across the countryside, in an effort to break prisoner unity. The prisoners ...
Case • 1987
on the library made available to him." Id. The magistrate concluded that the failure of the appellant to receive the Wisconsin cases he requested of the Waupun librarian "seriously restricts what appears ...
Case • 2002
with quotas in employment and movement through the level system." [28] December 27, 2001, Report and Recommendation at 5. Although there is some uncertainty about what claims Williams is asserting ...
Case • 2003
, that is the end of the inquiry. Id. If not, the Court must decide what deference should be given to the agency interpretation. Id. at 843. Petitioners contend that the statute is clear and unambiguous so the BoP ...
built a log stockade not far from what is now Pueblo and then, using laborers from Mexico, a sturdier adobe fort on the eastern plains, a haven for travelers along the Santa Fe Trail. For several years ...
Case • 2003
around midnight. [19] What transpired after Lolli had been in that holding cell for approximately four hours is the subject of much dispute. At his deposition, Lolli testified that he "in all ...
Case • 2004
, was escorted by Kight to the bathroom and searched for drugs and weapons in the same manner as were her daughters. Like her daughters, Donaldson offered a version of what happened during the search ...
Case • 2008
him was a single witness's testimony that Dunn "threw a punch" at the victim. Id. at 1295. There was no evidence to show when Dunn threw the punch, where on the victim's body it landed, or what type ...
Case • 1999
immediately, and those who required a period of time to do so." 89 F.3d at 572 & n.5. [40] Bearden controls the analysis of whether and under what circumstances an individual can be subjected to greater ...
Case • 2008
, 2007, directing the parties to brief the following questions: . What jurisdiction does this Court have to reconsider, on its own motion, a previously denied habeas claim when the applicant ...
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