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Case • 1994
the judgment of the Supreme Court of Florida. My thesis would be: (a) the 1978 Florida statute operates only prospectively and does not affect petitioner's credits earned and accumulated prior to the effective ...
Case • 1996
that "an exception to the [ADA] for prisoners, though not express, may have textual foundation in the term 'qualified individual.'" Id. at 248-49. However, in my judgment, where statutory language is unambiguous ...
Case • 1992
identified Sgt. Martin Earhart as saying to him, "How dare you cause my officers trouble" and then slapping him in the face. Although Sgt. Earhart was in charge of the RHU in the early hours of September 14 ...
Case • 2004
opinion, with one exception. I do not join in part 2 of the Discussion. [50] Although I find that part of the Discussion very informative, in my opinion we should not decide qualified immunity issues ...
Case • 2004
("This is not a collateral attack on my conviction. This is a Constitutional Rights Suit against Washington State and the Washington State Department of Corrections."). The immediate detention that White challenged in his ...
Case • 2004
to other dealers, thereby becoming a retail level supplier. In my view, the least culpable is the facilitator (or those who assist the deal by acting as driver or lookout). As a facilitator, Sanchez ...
Case • 2004
Lehn in defending himself against the Maryland "charges" (whatever form they take and assuming they actually exist). [50] It's a little hard to put my finger on exactly what the majority is saying ...
Case • 2001
segregation. In a letter Rust wrote to Underwood from segregation, postmarked September 21, 1995, Rust blamed Flint for his detention and stated that Flint was "at the top of my list of things to do." Prison ...
Case • 1988
from today's decision because in my view it fails to perform the fundamental judicial function of reading the body of enacted laws in such fashion as to cause none of them to be pointless; and because ...
Case • 2004
write separately to voice my disagreement with the breadth of the rule announced in the majority's decision and applied to the particular circumstances of [*100] this case. While I agree ...
Case • 2002
not what you said when I had my last occurance [sic] with you in #266 when I was slamming your face into the floor." [19] Prison officials shook down Mr. Bafford's cell and removed a broken coffee ...
Case • 1988
conclusions. In my view, a proper resolution of the issues in this case must begin with an inquiry into whether there is an Eighth Amendment right not to be executed while insane. [32] The Eighth ...
Case • 1991
submitted an affidavit of Dr. Phillips. Phillips stated that "it is my opinion that Edward M. Mendoza, M.D. failed to use the care and skill which is employed by the profession generally and, in the case ...
Case • 1980
years old, and nowhere in my past record will you find any sort of arrest that didn't involve [alcohol] or drugs." [60] *fn3 The Court, ante, at 13, n. 12, states that our conclusion ...
Case • 1981
it, about what he was like. Some of you may be fathers and I'm a father. With a little bad luck, my boy might sometime have to go to an institution like that for robbery or theft.... for burglary, and he ...
Case • 1989
. R. Civ. P. That fact is the analytical key to this case. It alone dictates my dissent. [67] Plaintiff has alleged that there is no treatment or segregation for persons testing positive for AIDS ...
Case • 2005
replied, "I do not know what is going on in my head." Finch reported her findings to Mason,*fn11, who in turn referred Cook to the on-duty psychologist, Shijing Hu, M.S. [29] Defendant Hu performed ...
Case • 1982
the action and not an assessment of the constitutionality or propriety of the action itself. [24] By ruling that "this case in my judgment falls clearly on the side of the establishment of the violation ...
Case • 2005
because of my race' is all a complaint has to say" to plead sufficiently race discrimination in violation of the Equal Protection clause. Bennett v. Schmidt, 153 F.3d 516, 518 (7th Cir. 1998). ...
Case • 1974
, and vindicating reputation by merely proving falsehood and winning a judgment to that effect are wholly foreclosed. Needlessly, in my view, the Court trivializes and denigrates the interest in reputation ...
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