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Case • 2005
as the holding of the Court in McKune."). [74] *fn2 The SABER release form provides: "I hereby allow SABER to report to the appropriate authorities . . . any and all information concerning my behavior which ...
Case • 2003
, the district court (Weinstein, J.) granted the defendants' motion to dismiss. It ruled from the bench as follows: [21] This constitutes my opinion in the case: The Court is compelled to dismiss the case ...
Case • 2005
, 2000, and, in accordance with my training, I held the mail until [plaintiff] returned from court on March 21, 2001." *fn4 (R. Doc. 32, ex. 4 at 1 (emphasis added).) Reflecting a course of conduct ...
Case • 2004
constitutes a felony.*fn10 There may be situations where the legislature need not control an agency receiving delegated authority through the APA. However, in my view, when the gravity of the interests affected ...
Case • 2004
months." My disagreement is with the majority's decision to disregard the specific limitations set forth in section 3624(c), notwithstanding Congress's use of the phrase "a reasonable part" in modifying ...
Case • 2005
while his condition worsened also had an impact on my ultimate sentencing decision. Pretrial detention, when the defendant is presumed to be innocent, is not supposed to amount to punishment ...
Case • 2000
tying my mattress onto the steel bunk so that it would no longer slide off. [35] Thus, his bed has been taken care of. If the cruel and unusual punishment here is allowing the mattresses to slide ...
Case • 2002
Justices, stated: [33] Heck did not hold that a released prisoner in Spencer's circumstances is out of court on a § 1983 claim, and for reasons explained in my Heck concurrence, it would be unsound ...
Case • 1993
. The "Not In My Backyard" ("NIMBY") objection would doubtless acquire additional notoriety. [**6] Prisoner voting at the statewide level or at the former residence of a prisoner is permitted in some states (see ...
Case • 1998
. [47] In my view, a prisoner has not been "assisted" by being "provided" with an adequate law library if he is denied access to it. "The existence of an adequate law library does not provide ...
Case • 1997
Department of Corrections (KDOC), being duly sworn according to law upon my oath, do hereby depose and state as follows: "Inmate participation in the inmate trust fund account is mandatory under almost all ...
Case • 2000
she did not receive her AZT "took days away from my life") ; and Carter v. Cash, 1995 U.S. Dist. LEXIS 22209, No. 92- CV-5526, 1995 WL 347028, at *2 (E.D.N.Y. May 31, 1995)(holding that the correctional ...
Case • 2000
a danger to the secure running of the institution and the safety of others"); A115 (Varner Dep.)("[I]n my opinion, this man was still a danger"); A169 (White Dep.)("I felt he was still dangerous"). [49 ...
Case • 2002
" - "an inmate's fundamental constitutional right to court access." Neither reason, in my view, supports the continued adherence to our previous decisions and the concomitant burden imposed on litigants, trial ...
Case • 1995
for personal injury, civil rights violations, constitutional violations, and damages for my personal engagement ring." [35] *fn5 Discussing section 1997e's requirement of effective administrative remedies ...
Case • 2001
responsibility. Much too frequently, the jail roster shows the jail to be seriously over capacity. ... "3. The Sheriff's problem, however, becomes my problem as well as the other circuit judges' problem when we ...
Case • 2002
to the sender, without notifying me and without explaining to the sender why the letter was returned to them. Which letter contained 75.00, dollars, my monthly income. (Compl. at 3.) To state a civil rights claim ...
Case • 2004
of proof objectively, without the influence of my natural sympathy for those Ms. Stiltner left behind. That burden of proof does not permit this case to proceed to trial. Accordingly, I will grant ...
Case • 2004
that in camera inspection is never warranted or appropriate. In my view, however, such an inspection by the court should not be routinely conducted, and is no substitute to full disclosure to, and review ...
Case • 2004
Judge, concurring. [68] I concur in the majority's judgment and almost totally in its reasoning. My one reservation concerns the first complaint allegation discussed by the majority: that because ...
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