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Case • 1997
[**6] standing to assert the First Amendment rights they are claiming. III In addressing the substantive issues of the case, defendants argue that the decision of [*886] the court is controlled ...
Case • 1997
not apply to state prisons and that the Eleventh Amendment bars this suit in federal court. [23] II. JURISDICTION [24] We address first the plaintiffs' contentions that we lack jurisdiction to consider ...
Case • 2000
Procedure 10.1(a)(5); see TEX. R. APP. P. 10.1(a)(5). Nonetheless, we will address the merits of her motion in the interest of justice. [**4] [*245] The United States Supreme Court has instructed that we ...
Case • 2004
, but that return address requirements are permitted); Prison Legal News v. Cook, 238 F.3d 1145, 1149-53 (9th Cir. 2001) (holding that prohibiting non-profit bulk mail is unconstitutional). The Turner analysis ...
Case • 2003
agreed to go to the medical section. Vishino called Dr. Kenneth Sanford, a MCG employee, and apprised him of the situation. Dr. Sanford initially ordered observation but then changed his mind and ordered ...
Case • 2001
cannot consider matters outside the complaint unless the motion is converted to a summary judgment motion. Fed.R.Civ.P. 12(b) (West 2001). However, the standard changes somewhat for "nonenumerated" Rule 12 ...
Case • 2004
. § § 1291 and 2253 and we affirm in part and reverse in part. In doing so, we hold that: [18] (1) Caswell's Ex Post Facto claim is moot, and thus it is unnecessary to address the merits of that claim ...
Case • 2002
addressed the constitutional right to confrontation. The Ohio Supreme Court denied leave to appeal and dismissed Lewis' appeal as not involving any substantial constitutional question. Although the Ohio ...
Case • 2001
as the plaid that he had seen earlier on the man fleeing the Birkey's pickup. [17] The officers stopped defendant. Decker asked defendant his name and address, arrested him, and conducted a pat-down ...
Case • 2000
the amendment makes this clear, stating that the change to "current and ongoing" (emphasis added): [39] corrects the confusing use of the word "or" to describe the limited circumstances when a court may ...
Case • 1982
with this stipulation, both [**3] parties have moved for partial summary judgment on the basis of the stipulated facts. This opinion addresses these cross-motions. n1 Since the Court holds that R.I.G.L. § 42-56-25 ...
Case • 2002
was lawful and we find no merit to the defendant officers' arguments claiming entitlement to qualified immunity. [24] The defendant-officers contend that because there is no case addressing excessive ...
Case • 2001
, and had failed to address her history of substance abuse. The Board requested that Marler involve herself in counseling and treatment until her next scheduled hearing in February, 1998. Marler complied ...
Case • 2002
to address its decisions in Bennett v. Pippin, 74 F.3d 578 (5th Cir. 1996), Doe v. Rains County Indep. Sch. Dist., 66 F.3d 1402 (5th Cir. 1995), and Doe v. Taylor Indep. Sch. Dist., 15 F.3d 443 (5th Cir. 1994 ...
Case • 2001
). In Merrick, we addressed the question whether A.R.S. section 41-1604.10 applied to Merrick, an inmate who committed a felony in 1991. The court of appeals had construed the intent provision of the 1993 ...
Case • 2000
entitled to preliminary injunctive relief based on their First Amendment Free Exercise claim. Therefore, [**4] I did not address their Due Process claim. On March 16, 1999, I entered a preliminary [*1193 ...
Case • 1998
these publications could be prohibited if the "current practices" of their publishers change. Id. at 7. The Program Statement provides that "inmates may use the Administrative Remedy Program to appeal return ...
Case • 1997
of appeal are divided, two circuits which have addressed the application of the PLRA's attorney fee provisions have concluded that section 1997e does not apply to fees incurred before the Act's effective date ...
Case • 1995
a violation of plaintiff's due process rights, and so we decline to address these allegations. Defendants have moved to dismiss Landfair's complaint pursuant to Rule 12(b)(6). Plaintiff has responded ...
Case • 2004
rulings in the case, and/or to grant a new trial on all issues, including liability. Plaintiffs, in turn, move to strike (# 793) defendants' motions except to the extent that they address the issue ...
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