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Case • 1993
Lisa Huntley Flechsig appeals the District Court's denial of her Fed. R. Civ. P. 59(e) motion to alter or amend judgment. The District Court granted the United States' motion for summary judgment on her ...
Case • 1997
drawn a distinction between an excessive force claim and a conditions-of-confinement claim such as Babcock's and, in this case, Arrington's. "[E]xtreme deprivations are required to make out a conditions ...
Case • 1991
courts, guided by the principle of constitutional avoidance, have consistently held that the statute does not authorize reference to a magistrate. See, e. g., Hall v. Sharpe, 812 F.2d 644, 647-649 (CA11 ...
Case • 1998
494, 496 (9th Cir. 1996) (interpreting new 28 U.S.C. S 1915(e)(2) under the Landgraf test). We proceed to analyze section 3626 under the above rubric. [34] [6] Congress expressly prescribed section ...
Case • 1998
Simmons and Cook for violating prison's rules in this case, see Jackson v. Everett, 140 F.3d 1149, 1152-53 (8th Cir. 1998), "[w]e may affirm the district court's ruling on any basis supported by the record ...
Case • 1999
] No. 98-4288 [3] 196 F.3d 641, 1999 [4] October 27, 1999 [5] DWIGHT E. FREEMAN, PLAINTIFF-APPELLANT, V. WARDEN FRANCIS; CORRECTIONS OFFICER SHOEMAKER; NURSE KENT, DEFENDANTS ...
Case • 1999
, 98-4089 [4] December 09, 1999 [5] RICHARD K. WOLFF, PLAINTIFF-APPELLEE, v. THOMAS E. MOORE (98-4089); SANFORD WHITLOW (98-4080), DEFENDANTS-APPELLANTS. [6] Appeal from ...
Case • 1997
Program (Program). The Program was established pursuant to 18 U.S.C. § 3621(e), which authorizes a scheme for encouraging prisoners with substance abuse problems to undergo treatment. The pertinent ...
Case • 2000
that the case "(i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." § 1915 (e)(2)(B ...
Case • 2001
conduct befor e proceeding with retaliation inquiry). In this case, the District Court determined that Rauser's refusal to participate in a religious program was protected by the First Amendment ...
Case • 2001
] 267 F.3d 648, 2001 [4] September 28, 2001 [5] CHAD J. ALVARADO, PLAINTIFF-APPELLEE, v. JON E. LITSCHER, SECRETARY, JANE GAMBLE, B. MCCREEDY, ET AL., DEFENDANTS-APPELLANTS. [6 ...
Case • 1984
. A case by case analysis is required because the statute's definitions are stated in only the broadest terms. Section 3(e) defines "employee" as "any individual employed by an employer." 29 U.S.C. § 203 ...
Case • 1999
Defender, Denver, Colorado. Jessica Dunsay Silver and Louis E. Peraertz, Department of Justice, Washington, D.C. [8] Before Anderson, Kelly, and Briscoe, Circuit Judges. [9] The opinion ...
Case • 1986
statement and the two supporting exhibits, as well as the attached transcript of the hearing in question, cannot be considered by the Court on this motion. Fed. R. Civ. P. 56(e) states that on a motion ...
Case • 2005
-APPELLANTS. [6] Appeal from the United States District Court for the Eastern District of Wisconsin. No. 02-C-299 -- Aaron E. Goodstein, Magistrate Judge. [7] Before Ripple, Wood, and Evans ...
Case • 2004
. For HARLEY G. LAPPIN, Warden, OFFICER POSTON, ERIC WHITE, MS. KING, L. FORTUNE, Defendants - Appellees: Gerald A. Coraz, Thomas E. Kieper, OFFICE OF THE UNITED STATES ATTORNEY, Indianapolis, IN. JUDGES ...
Case • 2002
-15-B-S [3] 231 F. Supp.2d 341 [4] July 17, 2002 [5] JEFFREY E. SIMPSON, PLAINTIFF V. CHERYL GALLANT, RICHARD CLUKEY AND EDWARD REYNOLDS, DEFENDANTS. [6] Jeffrey E. Simpson ...
Case • 2003
. In a February 26, 2001 order, the district court dismissed all of Kajfasz's claims against defendants Haviland, Moore, Amos, Chambers, Wilkinson, Wince, and Sawmiller pursuant to 28 U.S.C. § 1915(e). The case ...
Case • 1984
, Walsh asked prison officials to put him in protective custody in Cell House E. The prison officials granted Walsh's request. Walsh still feared for his safety in Cell House E, though, and he asked ...
Case • 1991
[3] 1991, 928 F.2d 784 [4] decided: April 1, 1991. [5] RICHARD E. MAUL, PLAINTIFF-APPELLEE, v. DR. EVAN CONSTAN, ANTHONY METZCUS, AND RICHARD GORE, DEFENDANTS-APPELLANTS [6 ...
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