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Case • 1993
was gang-related, and that Beeks was not informed until after he was released from lockup. The record does not reflect what, if anything, McKenzie was told. [26] The materials Lynch received from IDCI ...
Case • 1996
beneath the Conclusional allegations; to reduce the level of abstraction upon which the claims rest; to ascertain exactly what scenario the prisoner claims occurred, as well as the legal basis for the claim ...
Case • 1996
is direct evidence refuting Samuels's allegations, since the statements they contain are merely conclusory allegations made by a person who lacks personal knowledge of what transpired at the Program Committee ...
Case • 1996
) whether a valid, rational connection exists between the regulation and a legitimate government interest behind the rule; (2) whether there are alternative means of exercising the right in question; (3) what ...
Case • 1994
a painful reality. See § 541.21(c) (6). This brings us to the specific sanction imposed upon Collazo-Leon once the DHO determined that he believed what was stated by the correctional officer ...
Case • 1998
Merritt nor McNeil supports such a Manichaean dualism under which, if uncounseled litigants do not always win, then they always lose. A thoughtful exercise of discretion is what Rule 39(b) requires. [26 ...
Case • 1998
but throw that shit out. I can do what I want to do." At that point, defendant-appellee Daniel Dominguez, a sergeant at the McConnell Unit, approached Choyce from behind, grabbed his left arm, ordered ...
Case • 1994
alternative means of exercising the right at issue; (3) what impact accommodation of the asserted constitutional right will [*448] have on guards and other inmates; and (4) whether ready alternatives ...
Case • 1994
to the parole board procedure is cognizable under § 1983, and that dismissal was therefore improper. Cook is not challenging the fact of his conviction or confinement, but is merely seeking to avoid what he ...
Case • 1993
certain as to what the Magistrate Judge's mental processes were, but it appears that he rejected the August 7 list out of hand, treating the later list, the one filed after entry of the form order ...
Case • 1991
and Robert on her next visit. Although there is some dispute about what can actually be heard on the tape (Hanrahan admitted that in some places the tape was "incredibly bad"), Hanrahan stated that he ...
Case • 1995
U.S. 800, 818 (1982) (Harlow). In order for a right to be clearly established, its contours "must be sufficiently clear that a reasonable person would understand that what he [or she] is doing violates ...
Case • 1994
," but that they were placed on him "too tightly," i.e., in excess of what was necessary under the circumstances. The key inquiry under Hudson and its precedents is whether the alleged conduct involved "unnecessary ...
Case • 1995
, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987), to determine whether the right is "sufficiently clear that a reasonable official would understand that what he is doing violates that right."*fn2 Id. at 639-40 ...
Case • 1992
. 1034, 61 S. Ct. 640 (1941); Beshaw v. Fenton, 635 F.2d 239. Bounds represents the Supreme Court's most thorough analysis of what constitutes adequate, effective and meaningful access to the courts ...
Case • 1998
," or concerning what additional administrative remedies, if any, plaintiff must exhaust. The court disagrees with the Magistrate Judge's interpretation of § 1997e(a). n2 His interpretation isolates the term ...
Case • 1997
concerns for public safety. Nevertheless, BOP may not rewrite the statute. Congress is presumed to mean what it says, and BOP's interpretation of § 3621 abrogates the word "convicted." n2 n2 The Court ...
Case • 1998
post facto laws. U.S. Const. Art. I, S 9. "An ex post facto law is the imposition of what can fairly be designated punishment for past acts. If a statute is enacted to punish a class ...
Case • 1997
judge found that the officers were acting within the scope of their employment, and the District does not appeal on this point. Instead the District here takes what seems to be the opposite tack, arguing ...
Case • 2001
me state first of all what my thinking was as I recall at the time I commuted the defendant's sentence. It was my thought process at that time that a one-year sentence in the county jail would beat ...
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