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Case • 2003
, the current CDC Director, in his declaration stated, [60] If race were to be disregarded entirely . . . I am certain, based upon my experience with CDC prisoners, that there will be problems within ...
Case • 1998
that a released prisoner in Spencer's circumstances is out of court on a § 1983 claim, and for reasons explained in my Heck concurrence, it would be unsound to read either Heck or the habeas statute as requiring ...
Case • 1997
). Indeed, as far as my research has disclosed, there may be more case-law support for immunity in the private-jailer context than in the government-jailer context. The only pre-Section(s) 1983 jailer ...
Case • 1995
. 23.) Peters Affidavit 6. To my knowledge, no inmates were refused access to any cases or legal reference volumes at the Huntingdon County Law Library. (Doc. 50, p. 26.) [**13] [*407] Rule 56(e ...
Case • 1997
and those that would create entitlement to such relief." Serio, 821 F.2d at 1119. My Discussion is premised upon an assumption that Clarke seeks restoration of good time credits that affect his entitlement ...
Case • 2001
for necessary attorney's fees. But necessary is a key word. An honorable lawyer must constantly ask, "Is the amount of my charge for this particular piece of trial preparation justified in light ...
Case • 2000
] no agreement or contracts to have them take my money." His counseled brief on appeal similarly attacks the prison's basis for taking his money, stating that "no court, nor any statute, authorizes the imposition ...
Case • 1993
: Q: When you say that you provide technical assistance, what does that consist of? A: Well, my office kind of serves a role of a kind of sounding board sometimes for facility staff. They may have ...
Case • 1995
judgment, nor is it a case that my clients intend to settle." (Letter from Defendants' counsel to the court dated 9/16/94, at 1) (emphasis added). O'Connor's second factor weighs strongly in favor ...
Case • 1998
, Concurring. [107] I generally concur in the majority's well drafted opinion. However, I write separately to express my disagreement with the majority's reversal of the district court's award of attorney's ...
Case • 2004
of supervised release or parole. And there can be no doubt that the widespread public access to this personal and constantly updated information has a severe stigmatizing effect. In my judgment, these statutes ...
Case • 2002
Cir. 1998)). The procedure endorsed in Lewis is the procedure that Judge Buchwald followed below - reaching, in my opinion, a correct result - and is the procedure we should follow on this appeal ...
Case • 2002
rule of state law.*fn16 In my judgment, the specific holding in Alden v. Maine represented a serious distortion of the federal balance intended by the Framers of our Constitution. If that case is now ...
Case • 1988
with a controversial penalty which the Supreme Court has held is within the province of the states to impose. [57] The nature of the factual findings on which this proclamation would be based does not lessen my ...
Case • 2004
. Later, he said, "I've been a biker my whole life. I ride. I attend parties. That's what I do." Id. at 94. Officer Kight was asked what kinds of things he did as a member of the Outlaws, and testified ...
Case • 2006
, 482 U. S. 78, 95 (1987).) Nor, to my knowledge, have we ever sanctioned the use of any search as a punitive measure. Instead, the question in every case must be whether the balance of legitimate ...
Case • 2006
(same). [78] *fn11 The majority mistakenly contends that my interpretation also renders this language superfluous. Ante, at 10 n. 9. As I have stated, the plain meaning of "drug trafficking crime ...
Case • 2007
that "[i]f a detention officer spoke back, I wouldn't have heard him, and that detention officer would[,] more likely than not, have ignored the call the same way my note went ignored." Several hours after ...
Case • 2023
Governor's grant of clemency fully restored Mr. Falls' rights of citizenship, including his right to vote. Thus, he was eligible to vote. In my view, the analysis ends there. Mr. Falls did not need to seek re ...
Case
Schwarz, 274 Wis. 2d 1, at ¶31 (discussing Tuescher's [***347]  interpretation of the phrase). Under this interpretation, if my hypothetical bank robber were held in pre-trial custody only ...
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