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Case • 1991
their nature as comments on matters regarding what types of prisoners should, or should not, be paroled. [17] Because the restricted speech involves matters of public concern, Pickering requires us ...
Case • 1996
clear [such] that a reasonable [**14] official would understand that what he is doing violates that right[;] in the light of pre-existing law the unlawfulness must be apparent." Id. at 640. Accepting ...
Case • 2000
as a treatment-related prohibition, that is not what the trial court imposed; accordingly, the constitutional implications of such a total prohibition have not been explored for this appeal and need ...
Case • 2001
disciplinary proceedings are not part of an inmate's criminal prosecutions and, thus, are not subject to the full panoply of rights initially due a defendant. In determining what process is due, three factors ...
Case • 2001
it was the highest-paying job available to them. Defendant Montgomery was the manager of the print shop. Montgomery, himself a former inmate, had what was characterized as a "close relationship" with several inmates ...
Case • 2003
pursuant to Rand , the magistrate judge's February 4, 2000 order undermined that earlier notice. The latter order does not explain what purpose the Toyebo findings would serve, whether or how Wyatt could ...
Case • 2003
paralyzed and utilizes a wheelchair, came in last from the yard with three other wheelchair-bound inmates. [20] Accounts differ as to what happened next. Correctional Officer Jones maintains ...
Case • 1989
contentions are not without some force, neither rises to the level necessary to oust what we think is the most reasonable interpretation of the statute in light of its manifest purpose. [ 490 U.S. Page 891 ...
Case • 2001
, the legitimacy of an investigative stop turns on what constitutes "reasonable suspicion," which this court has called "a common-sensical proposition . . . properly crediting the officers who observe on a daily ...
Case • 1989
their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments ...
Case • 2002
the concerns and complaints of inmates to the HVMF staff. During these meetings, she would answer the representatives' questions and elicit their views regarding what products the inmates wanted to have added ...
Case • 1980
of the crime, and (3) imposes some limits on what may be made criminal and punished. Ingraham v. Wright, 430 U.S. 651, 667, 97 S. Ct. 1401, 1410, 51 L. Ed. 2d 711 (1977). Appellants contend, citing the first two ...
Case • 2004
to provide all of an inmate's daily nutritional requirements. Food for the inmates is purchased and prepared in bulk. Inmates are given limited choice in what appears on their food trays; they are able ...
Case • 2005
three specific examples of potential strikes, the district court put the plaintiff on notice as to what it had considered in denying his request to proceed IFP. Id. The burden of persuasion then shifted ...
Case • 2004
in an opinion dated December 10, 2002. The district court first considered Shakur's claim that defendants violated what Shakur characterized as his rights "to freedom of political [**9] expression" and "to hold ...
Case • 2003
8.1, or in the Commentary, as to what constitutes an "unnecessary delay." However, in Cook v. State, n26 the Arkansas Supreme Court held that a delay of 31 days before bringing an accused to a judicial ...
Case • 2002
that Gerber's request is inconsistent with incarceration. What this case requires is a factual record from which it can be determined whether exercise of the right to procreation simpliciter is fundamentally ...
Case • 2001
and the conclusion that his estate should receive $1.6 million for his pain and suffering. The judge should have determined what the best esti mate of the amount of time that Johnson remained conscious ...
Case • 2002
as to what constitutes exhaustion - accordingly, court stated that an inmate may defeat a motion to dismiss where he has made a "reasonable attempt" to exhaust administrative remedies). [**12] On January ...
Case • 2002
in getting Ms. Sauls into the ASH. Although Chief Deputy Polk committed to do what he could, the ASH rejected Ms. Sauls because it had no room. n5 Judge Plegge noted this was the only time he had ...
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