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Piggie v. Hanks-98 F.Supp.2d 1003 (ND IN 2000)

Case • 2000

in retrospect what really happened during incidents in the cellhouses. Where facts have been in dispute in cases before this court, prison officials certainly have frequently attempted to establish their version ...

Erlin v. United States-364 F.3d 1127 (9th Cir. 2004)

Case • 2004

on what a reasonable person knew or should have known. In that instance, the question is a mixed question of law and fact, which we review for clear error.*fn6 [28] [1] The relevant statute ...

Walker v. Thompson-288 F.3d 1005 (7th Cir. 2002)

Case • 2002

of what he is charged with. We did hold in Ryan v. Mary Immaculate Queen Center, 188 F.3d 857, 859-60 (7th Cir. 1999), that the complaint in that case had failed to allege a critical term of the conspiracy ...

Rinaldo v. Corbett-256 F.3d 1276 (11th Cir. 2001)

Case • 2001

)(1). Barry explains that in determining whether a document may be construed as a notice of appeal, we must first ask if "the litigant's action is the functional equivalent of what ... [R]ule [3 ...

Glaspy v. Malicoat-134 F.Supp.2d 890 (WD MI 2001)

Case • 2001

Malicoat did ultimately call the control center, he did so not to see what he could do for Glaspy, but instead because Williams was becoming agitated and unruly. And, when Malicoat placed the call, he ...

Murray v. Dosal-150 F.3d 814 (8th Cir. 1998)

Case • 1998

]risoners do have a protected interest in their money." Hampton, 106 F.3d at 1287. Thus, prisoners are entitled to due process before they can be deprived of these funds. [31] The question is what ...

Nelson v. Overberg-999 F.2d 162 (6th Cir. 1993)

Case • 1993

aware that such a right is implicated by a particular set of facts can depend on what factual Conclusions are drawn from the evidence. The inferences that can be drawn at this stage of the case are enough ...

Thomas v. Whitworth-136 F.3d 756 (11th Cir. 1998)

Case • 1998

is inadequate, no amount of access is going to let the prisoner do what he needs to do, because what he needs is presumably not there. But if access to an adequate library is unreasonably restricted only during ...

Swierkiewicz v. Sorema, N.A.-122 S.Ct. 922 (2002)

Case • 2002

Circuit's heightened standard conflicts with Rule 8(a)'s express language, which requires simply that the complaint "give the defendant fair notice of what the plaintiff's claim is and the grounds upon which ...

Duran v. Carris-238 F.3d 1268 (10th Cir. 2001)

Case • 2001

alleged are related as part of a common scheme, he has failed to show that they pose a threat of continuing criminal activity. At best, what Mr. Duran alleged is "actually a closed-ended series of predicate ...

Henderson v. Crosby-883 So.2d 847 (Fla. 1st DCA 2004).

Case • 2004

are not faced with an attempt to restrict access at all. Rather, we must determine to what extent the Florida access-to-courts provision requires the Department to provide more affirmative assistance to inmates ...

United States v. McSherry-226 F.3d 153 (2nd Cir. 2000)

Case • 2000

. The indictment charged that McSherry willfully lied before the grand jury about what transpired before and during Kim's parole hearing. [15] In his role as lead commissioner at the 1996 hearing, McSherry ...

Perkins v. HEA of Iowa, Inc.-651 N.W.2d 40 (Iowa 2002)

Case • 2002

had blood all over her body and in her mouth, eyes, and ears. The patient was infected with hepatitis C, a fact not known to Perkins prior to the rupture. Perkins testified she did not even know what ...

Treats v. Morgan-308 F.3d 868 (8th Cir. 2002)

Case • 2002

, sprayed him in the face with pepper spray, and then sprayed him a second time after he asked for the officer's name. Id. What happened in Foulk is similar to this case in that Treats was also sprayed ...

Lawrence v. Bowersox-297 F.3d 727 (8th Cir. 2002)

Case • 2002

out, "Niggers get naked." Lawrence responded by asking, "What did you say?" Hays reacted to this question by calling for a movement team, and E-Squad Officer Carl McCory immediately sprayed Lawrence ...

Kapfhammer v. Boyd-5 F.Supp.2d 689 (ED WI 1998)

Case • 1998

brief also states that "this force was not applied in any way maliciously or sadistically to cause harm." (Defendant's Brief, at p. 13.) A problem with Mr. Boyd's argument is that he never states what ...

Berry v. Oswalt-143 F.3d 1127 (8th Cir. 1998)

Case • 1998

remember that one: arranging sex between inmates. And what did Tammy Marino-Kompe tell you about? That's exactly what happened to her. She got raped by an inmate while [Reed] stood guard at the door ...

Sarnicola v. County of Westchester-229 F.Supp.2d 259 (SDNY 2002)

Case • 2002

of what was to be the third drug transaction between Detective Kelly and Cruz-Katz, Sgt. McGurn and Sgt. Buonanno of the Tarrytown Police Department, positioned themselves on Route 9 in the Village ...

Chavez v. Cockrell-310 F.3d 805 (5th Cir. 2002)

Case • 2002

separately questioned each individual juror to determine what he or she had witnessed, and if the juror's impartiality had been impaired by the incident. Seven of the twelve jurors correctly assumed ...

Russell v. Richards-384 F.3d 444 (7th Cir. 2004)

Case • 2004

advise "caution" in use of the shampoo by individuals who are allergic to ragweed. (The record does not reveal what [**4] type of reaction such individuals might have to the shampoo.) The jail does not ask ...