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Case • 2001
, "no more [is required] from plaintiff['s] allegations of intent than what would satisfy Rule 8's notice pleading minimum and Rule 9(b)'s requirement that motive and intent be pleaded generally." Triad Assoc ...
Case • 2003
, to indicate that what the official allegedly did was objectively unreasonable in light of the clearly established constitutional rights." Williams v. Mehra, 186 F.3d 685, 691 (6th Cir. 1999) (en banc). [32 ...
Case • 1985
apparently held the appellant for so long without treatment because they were waiting for a detective to tell them what to do. [32] Appellant also argues that the officers violated his rights by failing ...
Case • 1984
from an outside employer depending on how many typical employer prerogatives are exercised over the inmate by the outside employer, and to what extent, and (2) that in a case involving an inmate ...
Case • 1999
denied knowing exactly what Mills did when he took the camera, two other officers heard Mills say that he was rewinding the tape, and another escort team officer admitted that Mills later said he rewound ...
Case • 1992
what reasonable attorney fees amount to in a given case. Under the approach adopted by the First Circuit and followed by this Court, a two-tiered process forms the bedrock of attorney fee calculation ...
Case • 2003
what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." Kolender v. Lawson, 461 U.S. 352, 357, 75 L. Ed. 2d 903, 103 S. Ct. 1855 (1983). See also ...
Case • 1987
] The second step in the inquiry is a determination of what level of process is due the prisoner. In making this determination, the courts balance the needs of prison administration against the deprivation ...
Case • 2003
be presumed to have known what the Court of Claims Act said." Id. Similarly, in Turker we found that a knowing, intelligent, and voluntary waiver is presumed when the plaintiff is represented by competent ...
Case • 1991
] Whether subdivision (d) is applicable here depends on what it means to "prevail in litigation." While no reported case has construed the phrase in this context, many courts have interpreted similar language ...
Case • 1991
of what due process requires. See Harper, 759 P.2d at 366 (involuntary medication policy was formulated in an attempt to adhere to Supreme Court precedent). [25] The defendants' third argument seems ...
Case • 2001
character, as distinguished from an opinion advising what the law would be upon a hypothetical set of facts." Preiser v. Newkirk, 422 U.S. 395, 401, 45 L. Ed. 2d 272, 95 S. Ct. 2330 (1975) (citation omitted ...
Case • 2003
. 1994)). [50] Castaneda asserts that the failure to sever his case resulted in jury confusion regarding what evidence was applicable to each count and to each defendant. However, the district court ...
Case • 2002
. National Children's Center, Inc., 98 F.3d 1406, 1409 (D.C. Cir. 1996). [14] What is unusual about this case is that even though the settlement agreement does not contemplate the retention ...
Case • 1984
as violations of 42 U.S.C. §§ 1983 and 1985. The plaintiffs further contend that because virtually all of the inmates were subjected to what is alleged to have been a systematic and indiscriminate violation ...
Case • 2005
counsel under 64.01(c). The statute requires that the sworn affidavit contain a statement of facts in support of the motion, but it does not specify what facts must be included. See Code of Criminal ...
Case • 1984
detailed pages, the Stipulated Modification spelled out precisely what inmates may or may not do in a way that the one page provision of the original decree did not. On April 21, 1982, the district court ...
Case • 1987
because of the passage of what is known as the "seven deadly sins" statute. The state contends that this statute precludes inmates convicted of the offenses listed in KRS 197.140 from being classified ...
Case • 1979
. However, it should be apparent that a mere subjective belief that the petitioner might attempt to escape is not enough to warrant her being placed in what amounts to solitary confinement. The evidence ...
Case • 1978
anything other than what they were hired to do, that is, determine when prisoners are to be paroled (Burgdorf v. Funder, 246 Cal. App. 2d 443, 448 [54 Cal. Rptr. 805]). [17] In his second cause ...
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