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Case • 2001
law in favor of Title II's validity, I decline to substitute my judgment for that of Congress, and DENY defendants' motion for summary judgment on this ground. b. Individual Liability, Individual ...
Case • 2001
on this particular individual. Specifically that the government need not demonstrate an imminent threat to the public. The offender in this case, my client, is not afforded an opportunity to be heard prior ...
Case • 2001
, patience has worn thin .. Unfortunately, neither I nor any member of my administration has received an update in more than six months ... Justice that is [**21] perceived to be untimely undermines our ...
Case • 2005
perpetrators then shoved Merriweather's face into Childs' crotch and Childs ordered Merriweather to "lick my balls," but Merriweather refused to obey that command. Def.'s Ex. 2, p. 9. n5 The evidence ...
Case • 2005
soon. On April 9, 2000, Mr. Simmat submitted an Inmate Request to Staff form to Dr. Jackson and the Health Services administrator stating that "one of my problem teeth now gives me constant pain, which ...
Case • 1982
available to public-official defendants whenever the state of the law was so ambiguous at the time of the alleged violation that it could not have been "known" then, and thus liability could not ensue. In my ...
Case • 2002
of the rival Sunni sect. He filed an inmate grievance claiming that DOCS's chief Imam, n2 a Sunni, "and his underlings attempted to dissuade, proselytized, and cause me to give up my Shi'a beliefs that I hold ...
Case • 2003
Declaration. [55] Although I would not be so bold as to substitute my own judgment for Admiral Jacoby's on any of the numerous intelligence-related topics in his declaration, including the importance ...
Case • 1985
. I join Parts I through III of the Court's Opinion, but concur in the result reached in Part IV without joining its reasoning. In my opinion, the reliance upon Pennhurst State School & Hospital v ...
Case • 1995
U.S. 1047 (1989). My problem is that the record developed below demonstrates that the prison officials' judgment in this case was anything but informed, and was instead little more than a knee-jerk ...
Case • 1987
consideration to the needs of those in power, this Court's role is to ensure that fundamental restraints on that power are enforced. [39] In my view, adoption of "reasonableness" as a standard of review ...
Case • 2000
, exists in relation to the HEAP statute. My conclusion comports with other, pre-Gonzaga decisions in this Circuit that have either assumed, see Marbley v. Bane, 57 F.3d 224, 229 (2d Cir. 1995); Rodriguez ...
Case • 1976
] For the reasons stated in my dissenting opinion in Richardson v. Wright, 405 U.S. 208, 212 (1972), I agree with the District Court and the Court of Appeals that, prior to termination of benefits, Eldridge must ...
Case • 2006
] Accordingly, despite my profound disagreement with the reasoning in the Court's opinion, I concur in its judgment ...
Case • 1998
County of Sacramento v. Lewis - 523 U.S. 833, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (19 - 1998 County of Sacramento v. Lewis, 523 U.S. 833, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (U.S. 05/26/1998) [1] United States Supreme Court [2] No. 96-1337 [3] 523 U.S. 833, 118 S.Ct. 1708, 140 …
Case • 2001
of '95, did, in your opinion, did you feel like he felt in any physical jeopardy or peril from other inmates? [58] A: That was something that was on my mind that I asked Mr. Montgomery several times ...
Case • 2002
. [71] Given the foregoing and given the DOC's perception of the situation it is facing, it is my view that the DOC's response -- a co-pay regulation -- is not an exaggerated response ...
Case • 2001
and his self-help therapy. The Subject's vocational instructor . . . came to my office to verify the subject's excellent work, responsible attitude and willingness to help other students in the class ...
Case • 2002
no need for a fiscal note. . . . It's not giving you the answer you want, but that's my understanding.' Id., pp. 2856-57. Senator Jepsen then indicated that he could not support the bill because 'it doesn't ...
Case • 2002
and recording of defendant's personal visits did not violate California law, despite our decision in De Lancie v. Superior Court (1982) 31 Cal.3d 865 (De Lancie). In my view, however, this is true not because ...
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