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Case • 1995
in Nebraska were not factually comparable, women were not denied equal education on the basis of sex in violation of Title IX) (Klinger III). [**2] I now issue my findings of fact and conclusions of law ...
Case • 1994
that it was inappropriate for the district court to have granted summary judgment on the basis of qualified immunity. However, I do so on a more limited basis than that contained in the court's opinion, and I set forth my ...
Case • 1997
the "exceptional circumstances" test. However, after a thorough review of the rationale behind Judge Becker's decision in Tabron and the cases he followed, I have re-evaluated my position. I now agree that Congress ...
Case • 2000
to have a witness at my hearing without a reason set forth in the record as to why my witness would not be available for testimony which is required by HSS 303.81." Id. at 58. In Wolff, the United States ...
Case • 2001
. After a hearing that is recorded in seven and one-half pages of transcript, the trial court concluded, "I had an opportunity to preside over the trial of this matter, and to my mind and recollection ...
Case • 2001
the police reports with my attorney, Leona Thomas, and I believe that there is a substantial likelihood that a trier of fact -- judge or jury, would find me guilty at trial. I give my permission for the judge ...
Case • 2001
to be supported by a showing of need. Here, no such showing was made.*fn5 I would reverse on that reasoning alone. [55] The majority, however, chooses to venture farther. My first concern is with the four ...
Case • 2001
: "That I be given the necessary treatment for my serious medical need." Id. The informal review occurred on August 21, 1998. Gomez had concerns about how the hepatitis treatment he had been promised would ...
Case • 2001
as they relate to the search at the Berkeley Street lockup. [*129] 2. Search at the County Jail Ford's claims relating to the search at the County Jail are completely addressed by my discussion in the Class ...
Case • 2003
of a prisoner's prior arrests, whether or not they are related his current confinement "in a jail, prison, or other correctional facility." Napier, 314 F.3d at 532-34. In my judgment, this holding depends ...
Case • 2003
inappropriate and asked me why it occurred. I agreed with Lt. Pizzi and informed him of the statement previous to my arrival in the staff dining hall and the statements made upon my arrival in the staff dining ...
Case • 2005
with the result reached by the majority, but arrive there by a different route. In my view, Pennsylvania law provides a procedure through which DeFoy may present his claim to the state courts and indicates ...
Case • 2005
because my medical snacks, they could have started to, doing anything to my food . . . ." [30] Bell I, 208 F.3d at 597-98 (citations and footnote omitted, alterations in Bell I). A magistrate judge ...
Case • 2002
to Burrell, "David had a large boom box radio and he would turn it and turn it up. And myself and others would complain to David Allen and he would say, 'This is my box and these are my tunes and fuck you ...
Case • 1997
treatment decisions of public doctors. Accordingly, in my view, today's creation of such an immunity now (with no corresponding benefit to the injured person whose remedy is adversely affected ...
Case • 1979
] GEE, Circuit Judge, specially concurring: [59] With considerable reluctance, I concur in the opinion of the court. My difficulty stems from two sources. The first is that my reading of the record ...
Case • 2002
for a consultation with Scicluna. On July 24, 1992, Scicluna sent Harvey a kite n5 stating, "I would like to talk to you [*851] again pertaining to my injury. I have thought about what you said, and want to see you ...
Case • 2003
use of the federal purse, reading the statute literally does not create an absurdity "so gross as to shock the general moral or common sense." Crooks, 282 U. S. at 60. To my mind, there is nothing ...
Case • 1981
, which includes the following account of the incident: My investigation revealed that the incident began as a result of several men having wine and others wanting it. Inmate Cecil Brown saw inmate Ted ...
Case • 1983
to present a well-reasoned theory of relief to the court. The first amendment claim was stated by plaintiff in such a way that the jury, in my opinion, could not have found for plaintiff. Moreover, plaintiff ...
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