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Case • 1987
, "Where the fuck do you think you are, a Holiday Inn. You eat what's here or starve, cause you're in my home now, and I don't cater to no Jew bastards." During Ross' stay at Downstate he ate only bread ...
Case • 1975
and necessarily to the advancement of a justifiable purpose of imprisonment.' I would add to Judge Pell's formulation by requiring the State to assume a heavy burden of justification. This, in my opinion, would ...
Case • 2001
of Nancy Harrington, Ex. G.) Plaintiff told her that the pain was like a "blowtorch to my toes." (Deposition of Kenneth Seals, p. 148.) Nurse Harrington noted in her deposition that Dr. Shah read ...
Case • 2005
in the white material she said "It's my baby" and began to cry. Inmate then said "I told you, do you believe me now?" I then went to find Sgt. Grist. Report continues as earlier reported. [39] On May 14 ...
Case • 2005
: [15] After the first time when he said, mother fucker, who told you to go downstairs, I told him I went to go mail my letter, officer, and I set the bible down on his desk. He continued talking ...
Case • 2000
complied with the directive. (Id. at PP 9-10) n2 Officer Cole then returned with Sergeant Patrick Conley and asked Jones Bey to cuff up. (Id. at P 12) Jones Bey replied by saying "yes, let me put my shoes ...
Case • 1984
?" Matthews replied, "maybe I should take the Fifth . . . You convinced me I should protect my rights, sir." The judge then ruled that Matthews had a right to remain silent, recalled the jury, and instructed ...
Case • 1988
for some specific prisoner, I cannot hold that its use always constitutes cruel and unusual punishment. My opinion also should not be interpreted to say that the use of food loaf as a sanction for certain ...
Case • 1973
, a claimant must show a deprivation of rights protected by the Constitution. Rosenberg v. Martin, 478 F.2d at 520 (2d Cir. 1973). The facts of the case before us, in my opinion, simply do not give rise ...
Case • 1975
] I find further support for my view in the interrelation of § 2241 and § 2255. Section 2255, added to the Judicial Code in 1948, was enacted largely to cure problems of venue arising under the general ...
Case • 1987
. V. DUE PROCESS ANALYSIS My analysis begins [**16] with the oft repeated statement that individuals retain constitutional protections even after they pass through the prison gates. "Hence, for example ...
Case • 2005
") to prevent Porter from working on the Lassen Yard. At another time, Wheeler told another sergeant in Porter's presence, "what is that fucking bitch doing on my yard?" [30] B. DeSantis [31] A week ...
Case • 1980
767] say that this does not fall within the category of legal victories which determine "substantial rights of the parties" for purposes of the Act. [46] In my view, the attorney's fees ...
Case • 2003
and requested that "persons be present at the hearing who have given information against me on which the Board may rely to revoke my parole." Another form, titled "Opening Statement at Revocation Hearing Without ...
Case • 1987
to be denied access to the courts. To wait for an inmate with a valid habeas corpus or civil rights claim to be denied access to the courts is intolerable; based on my findings in Wade and above, such an injury ...
Case • 2005
was "properly filed." In my view, it would be entirely appropriate, and consistent with the text and purposes of AEDPA, to define "properly filed" as excluding any filings deemed by the district court ...
Case • 2002
. The opinion, however, contains dicta that is not consistent with my understanding of the law, so I must join in the result and not the opinion ...
Case • 2004
." It has come to my attention that respondent's full name is "Joseph Scibana." I have corrected the caption accordingly. 03-C-581-C UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN ...
Case • 2004
at the last minute. [40] Moreover, I continue to adhere to my position that, to be entitled to relief on a Geiken*fn24 lack of notice claim, the applicant must show that he has actually been denied ...
Case • 2005
is constructive because the correctional facility superintendents remain the custodians of inmate personal property. My disagreement with the majority, however, is when and how that delivery occurs. The majority ...
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