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Case • 2001
of the claims at issue, I write separately to express my disagreement with the majority's decision to reverse and remand plaintiff's cruel and unusual punishment claim, and plaintiff's incitement to violence ...
Case • 1976
a hearing. That is not my view. In my judgment the detainer is comparable to an arrest or an indictment which identifies a time when it is clear that the government has a basis for going forward ...
Case • 2004
others that he's friends with. The fact that he's found sleeping with a bag of heroin underneath his bed, the only defense I could see is innocent association. It's not mine. It's my cell mate's, or it's ...
Case • 2003
, No. 02-1925 (3d Cir. filed Mar. 5, 2003). [81] *fn13 In his original complaint, Longenette stated: "I was given only two days notice that my Van [sic] and personal property were being subjected ...
Case • 2002
. at A137. According to Ways, while attempting to return, he was approached by Corrections Officer Robert Richter. Ways testified as follows: [27] [H]e's approaching me, so, out of instinct, my hands ...
Case • 2001
was issued only months after the present lawsuit was filed. [**22] Finally, even if my analysis of Kerr (and the Department's) is mistaken, and it was sufficient for defendants to offer plaintiff only ...
Case • 2002
of imprisonment is hereby commuted accordingly so that he may be eligible for pre-release consideration at the discretion of the Dept. of Corrections. Subsequent to the date of my signature below a conviction ...
Case • 2001
it stand. [45] My colleagues now ignore that jury verdict and hold that, as a matter of law, the confinement of Mr. Pearson under these conditions did not constitute cruel and unusual punishment ...
Case • 2000
of the opinion of the panel, and all of the balance of the opinion without reservation, I write separately to indicate my opinion that there is no discretion regarding the exercise of jurisdiction to hear ...
Case • 2003
, clearly identified as periodicals through the periodical cover sheet and on the SPO, will be processed through the mailroom. [54] "This policy is not new, and has been in place for some time. My ...
Case • 1998
Program) at Hutchinson Correctional Facility, which includes an admission of Guilt for my sex crime. I realize that I am being allowed to participate in an evaluation for acceptance into S.A.T.P ...
Case • 1998
to maintain a trust fund account in my name, thus enabling me to make purchases from the canteen. I also understand that if I do not complete and sign this form, my canteen privileges will be lost." Id. [17 ...
Case • 1994
in the operation of the jail, you are going to hit that constitutional wall fairly quickly, in my opinion."*fn2 [23] Jail officials and former and present prisoners testified to numerous specific incidents ...
Case • 1997
Defendants seek a reduction in any fee award for Rodriguez's allegations regarding conditions at the CCF [**18] where Rodriguez was incarcerated when he filed his initial complaint. My review of Rodriguez's ...
Case • 1996
in the Article 78 proceeding sustained Bates' finding. Given my finding that there was sufficient evidence for Bates to find Alnutt guilty, there is no need to rule on the collateral estoppel issue. I note ...
Case • 2000
of the district court and therefore concur. I write specially, however, to express my disagreement with the majority's observations regarding the addition of Hakim's religious name to his inmate identification card ...
Case • 2002
[s] that if I or any member of my household or guests should violate this lease provision, my tenancy may be terminated and I may be evicted." Id., at 69. [24] In late 1997 and early 1998, OHA ...
Case • 2004
and unusual punishment is, at the least, not indisputably meritless. Thus, in my view, the district court abused its discretion in dismissing the claim as frivolous, and reversal is required. Cf. id. at 720 & n ...
Case • 1991
in the general prison population unless my own safety or that of others would be endangered by my remaining there." [16] It makes no difference that the Indiana statute does not use "mandatory" language ...
Case • 2007
," Andrews asserted, "I have come into contact with hepatitis. . . . [N]ow my body is said to have contacted the hepatitis disease, a disease that is incurable and will be with me for life." His response also ...
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