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Case • 1982
a class should be certified in this case under Rule 23. However, in my view it is not necessary to remand for further proceedings since it is entirely clear on this record that no class should have been ...
Case • 2001
, 961 F. Supp. 467, 478 (W.D.N.Y. 1997). Mr. Amaker asserts that "75% of the [Clinton's] officers were coming from [Green Haven and] . . . apparently knew of my pending litigations against [Green Haven ...
Case • 2001
counsel, but based on my finding above, those documents (like the tax [**19] documents) were in the control of Fabiano because Fabiano had the legal right to obtain the documents, and thus the Fabiano sons ...
Case • 2004
and publishers of My Life in the Mafia incorrectly reported that he had participated in certain specific crimes. 518 F.2d at 639-40. After recounting Cardillo's "record and relationships," the Second Circuit ...
Case • 2008
stolen some of his commissary items and because Hinojosa "was sticking something [up] my ass; a finder and/or something like a paper clip." Brown then stated that "[Hinojosa] or others was doing ...
Case • 2009
as a psychologist, I appreciate the frustration he must feel over the lack of any practical relief. Nevertheless, my personal empathy for plaintiff cannot displace the well settled legal limitations that preclude ...
Case • 2009
# 6016946A refuse to participate in the Mt. Pleasant Correctional Facility Sex Offender Treatment Program. My refusal . . . from SOTP has been discussed with me by staff and I understand that by signing ...
Case • 2004
, in my view, mischaracterizes the kind of"fact" we deal with here. What is at stake is a question of"legislative fact," the kind of fact that is expressly or implicitly"found" by a legislative body when ...
Case • 2008
feature of both the common law and our own jurisprudence-is not rendered inapplicable by the fortuity that a convicted criminal is no longer incarcerated.? Heck, 512 U.S. at 490 n. 10, 114 S.Ct. 2364. In my ...
Case • 1962
, and this is so even though such intention is denied by the writer. [33] I am expressing my views separately because I believe that for several reasons it is particularly regrettable for the Court to depart ...
Case • 1986
). Finally, I agree that mere negligent activity ordinarily will not amount to an abuse of state power. Where the Court today errs, in my view, is in elevating this sensible rule of thumb to the status ...
Case • 2001
under 42 U.S.C. § 1983. Congress believed--correctly in my view--that the overwhelming majority of these claims are frivolous and therefore impose an unnecessary burden on the federal courts ...
Case • 2001
do you're killing two people. I lost my husband, and if he dies I I [sic] do, too." (Id. at 1798.) Britt capped off the remorse-and-mercy strategy with the well-timed introduction of Housel's son ...
Case • 1999
. The only reference in the record to defendant's prior income appears in an uncertified letter plaintiff directed to her counsel in which she stated: [73] While I was with my ex-husband, he did ...
Case • 2002
. Judgment will be entered in favor of the defendant United States. Pursuant to Fed. R. Civ. P. 52, my findings of fact and conclusions of law follow. FINDINGS OF FACT [**2] A. Plaintiff Plaintiff ...
Case • 2007
, "No. As I said, it was broad daylight. We were in somebody's driveway at the time, and I had my sergeant and a couple of other units there. There's no reason to." Finally, Wilkerson was asked, "Are you taught ...
Case • 2006
was sweating. "And Davis had, for my own health reasons was concerned and said, 'You need to slow down,' and something to that effect, 'you know, I wouldn't want you to pass out, you know,'" Buck testified ...
Case • 2009
several bullet wounds in the abdomen and Haro a bullet wound to the chest area. As the victim was being transported to the hospital, she stated to the investigating officer "My husband tried to kill me ...
Case • 2009
injuries to the [**25] plaintiffs, a scenario covered by the insurance policies' "short time" exception. In my view, this possibility requires us to reverse the decision of the [*160] district court ...
Case • 2002
was leaving [the brother's] property and wasn't obeying my command to get on the ground. So I gave chase because I felt he was a threat." Joint Appendix ("J.A.") at 101 (Lowe Dep.). According to Burchett ...
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