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Case • 2000
. 1997) (same). [27] Several courts of appeals have addressed the exhaustion and futility question with which we are faced. Two general lines of authority have emerged from these cases. In cases ...
Case • 2003
Bank, 161 N.J. 220 (1999), a case involving an LAD claim against a private entity, this Court held that the PDA is relevant in addressing the disparity between the harm suffered and the amount ...
Case • 1998
. The parties entered into a comprehensive consent decree, which was approved by and made an order of the District Court on April 4, 1985. The detailed 33-page consent decree addresses sanitation, health care ...
Case • 2004
, not presented with the difficulties addressed in Torres because this case does not require us to review the merits of the denial of a Rule 60(b) motion, for we conclude below that it was error to apply Rule 60(b ...
Case • 2006
was predicated on both the probation search condition and reasonable suspicion, the Court did not address the reasonableness of a search solely predicated upon the probation condition. Pp. 3-5. [12] (b ...
Case • 2007
addressing employer liability under the Conscientious [***17] Employee Protection Act (CEPA), N.J.S.A. 34:19-1 to -8. Feldman v. Hunterdon Radiological Assocs., 187 N.J. 228, 241, 901 A.2d 322 (2006); see ...
Case • 2009
. Co. v. Allied Equities Corp., 519 F.2d 508, 510 (9th Cir. 1975). Nor did the district judge's vague statement that defendants "may" have an opportunity to change his mind counter the overall impression ...
Case • 2002
, which addressed the issues raised by Defendant in his Objections and Sentencing Memorandum. Due to the lack of time, the Court permitted counsel to submit their closing arguments in writing [Doc. [*1273 ...
Case • 2007
, 612. Also informing our analysis are cases interpreting the language of the LAD, as well as decisions addressing employer liability under the Conscientious Employee Protection Act (CEPA), N.J.S.A. 34:19 ...
Case • 2007
application of the sentencing enhancement requires a violation of the statute, the requisite degree of force is identical. Other circuits addressing the meaning of force for purposes of § 2241 have similarly ...
Case • 2004
for the record, Judge, the Mr. Walker's reason for the hunger strike was to draw attention to some civil matters being addressed by Jim Flower [another lawyer representing Walker] in another civil matter ...
Case • 2007
was replaced by the new sheriff, Mike Scott. The official capacity claim in the complaint was amended to reflect this [**17] change. 2 The district court dismissed the negligence and cruel and unusual ...
Brief • June 12, 2003
, the DOJ made recommendations for changes in the DPD's policies and procedures regarding use of force, conditions in DPD holding cells, and arrest and detention in the form of three technical assistance ...
Brief • 2010
Fourteen policies and practices of the Idaho Correctional Center (ICC) are challenged on Eighth Amendment grounds in Plaintiffs' Second Amended Complaint (Dkt. 71).1 Two of them are addressed in the instant ...
Brief
discusses the risks if SPS does not change its approach, including increasing infection with HIV and hepatitis B and C among prisoners, the threat of infection through needle-stick injuries, and risks ...
Brief • September 4, 2005
Filed under: Medication, Mental Health
Defendants were working at Riverside as a result of a contract between MDOC and Michigan Department of Community Health. Under West v. Akins, 487 U.S. 42 (1988), the Court addresses all Defendants as employees ...
Brief • November 19, 2007
such 3 thing [P17]; fourteenth, Williams, who merely asked for change to play pool, then, when 4 denied, sat outside to enjoy the fresh air, was bum rushed out of the hotel and threatened 5 ...
the courts to a flood of Bivens litigation for alleged contract mismanagement. Motion at p. 11. They further argue that when an alternative existing process exists for addressing the constitutionally protected ...
Brief • September 23, 2012
the custody of the Division of Corrections you must obtain authorization from the appointed authority of your Institution to address the media. As such no further action will be taken." R-7. Petitioners' filed ...
Brief • December 31, 2013
standard of care and that the antibiotic should have been changed to a "different group or family when it \vas apparent that the original antibiotic was not working." The Circuit Court ultimately found ...
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