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Case • 1998
) (defining hot pursuit). The Eighth Amendment should apply so long as the officials are in "hot pursuit" because we cannot expect prison guards to know, or take the time to learn, for what crime the escapee ...
Case • 1991
. The preclusive effect of this state court action is what is at issue here. The plaintiff has asked this court to construe his claim as a habeas claim but has also requested that this court allow him to proceed ...
Case • 1999
[**7] as long as the force used is "not of a sort repugnant to the conscience of mankind." Id. at 9-10. 2. Review The parties present different versions of what happened before and after the incident ...
Case • 1997
had received information from what he believed to be a reliable source that Anthony Varrone and Claire Varrone would be visiting Joseph Varrone, their father and husband, then an inmate at the Arthur ...
Case • 2000
petition presents a single issue of first impression in Washington: what level of due process is required in a community custody revocation hearing. We hold that before an individual's community custody ...
Case • 1999
exhaustion of administrative remedies. Furthermore, paragraph (2) would be telling courts they "may" do what paragraph (1) asserts they "shall" do. This reading would also render Section 1997e(a) redundant ...
Case • 2000
reviewing the totality of the circumstances in light of what the officers believed as a result of their training and experience, we hold that the officers possessed a particularized and objective basis ...
Case • 1991
" are clear enough, but what are we to make of "orderly operation"? The "security" of the institution is covered in a separate clause, so presumably "orderly operation" is intended to reach beyond mere security ...
Case • 1991
inapplicable. The Department has not explained what it means by "obvious liability concerns," and we cannot postulate how the Department could be exposed to liability for Ziccarelli's truthful [**20] character ...
Case • 1990
much public debate and court activity over whether such a right exists and in what circumstances it exists, and these cases involve decisions made by enfranchised citizens or someone acting ...
Case • 2002
confinement and electronic monitoring. The District Court denied Gotti's motion in an unpublished August 7, 2002 decision and order for the reasons given in what it described as the Magistrate Judge's "thorough ...
Case • 2003
from scrutiny." [23] What is relevant to this case is the history and substance of RLUIPA. In 1990, the Supreme Court held that the United States Constitution does not require that government have ...
Case • 2003
was held to a higher standard for filing than what learned attorneys are held to. II. Standard of Review [18] The Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat ...
Case • 1986
), I believe that the state would not have moved unless this action had been brought. As I stated clearly in my June 27, 1982 order: [30] Much of what has occurred in this case resembles what ...
Case • 2003
in Bonilla's direction. Bonilla was unable to understand what Parmelee said to him, but asked whether Parmelee would like to see the Sergeant. Parmelee asked who the Sergeant was and was informed ...
Case • 1987
and personal observation filtered through the experience of the decisionmaker and leading to a predictive judgment as to what is best both for the individual inmate and for the community," id., at 8,*fn5 ...
Case • 2004
relevant benchmark against which the punitive damages award should be measured is "what the jury found,"*fn1 my findings, set forth at length in the Amended Order and Permanent Injunction, were based ...
Case • 2007
conditions in their prisons all the way up to the Director of the CDCR at the state capitol in Sacramento." Id. The court added that it was "not aware, for example, what the union contract provides ...
Case • 2007
in accordance with due process of law." 441 U.S. 520, 535-36, 99 S. Ct. 1861, 60 L. Ed. 2d 447 (1979). The Bell Court mandated a pragmatic approach to determining what constitutes punishment, and formulated ...
Case • 2007
18, 1999, Reynolds obtained the help of a prison officer, who removed him from his cell. After he told that officer what happened inside his cell, he was taken to the jail infirmary, and later ...
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