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Case • 1996
by the individual defendants asserting qualified immunity was immediately appealable under Mitchell v. Forsyth, 472 U.S. 511, 86 L. Ed. 2d 411, 105 S. Ct. 2806 (1985). After the panel issued its opinions in this case ...
Brief • 2010
-----------------------------------------------------------------------------------ii 3 I. STANDARD OF REVIEW----------------------------------------------------------------------------1 II. THE PROPOSED INJUNCTION IS UNCONSTITUTIONAL ON ITS FACE----------------5 4 5 6 ...
Brief • January 7, 2013
approximately 222 separate issues of its Prison Legal News monthly journal, 41 copies 3 Case 3:12-cv-00125-CAR Document 27-1 Filed 01/07/13 Page 8 of 33 of the book, Protecting Your Health and Safety, 41 ...
Filing • March 9, 2016
approximately 222 separate issues of its Prison Legal News monthly journal, 41 copies 3 Case 3:12-cv-00125-CAR Document 27-1 Filed 01/07/13 Page 8 of 33 of the book, Protecting Your Health and Safety, 41 ...
Brief • May 21, 2010
3 4 5 I. STANDARD OF REVIEW----------------------------------------------------------------------------1 II. THE PROPOSED INJUNCTION IS UNCONSTITUTIONAL ON ITS FACE----------------5 6 A. On Its ...
Case • 1999
are facts relating to the asserted liability of the City and the County, respectively. [16] Plaintiff alleged in the complaint that the City and its employee, probation counselor Mr. Hoover ...
Case • 1994
subsequently held hearings on the issue of damages in November and December of 1990. [16] In September of 1991, the court issued its order granting Black partial relief by awarding him $50.00 for racial ...
Case • 2023
by granting summary judgment in favor of Daniel and David; (2) the district court erred by dismissing his claim against Susie and abused its discretion by not giving him leave to replead his claims against Teri ...
Case • 2009
(the ?Estate?), filed a motion for a writ of execution to enforce a judgment against St. Joseph County, Indiana and its Board of Commissioners (the ?County?), pursuant to Indiana Code § 34-13-4-1 and Rule 69 ...
Publication
in the reporting period FTC - Number of FTCA actions filed BIV - Number of Bivens actions filed OTH - Number of other actions filed, e.g., mental health, mandamus ANS - Number of litigation reports completed PEN ...
Case • 2005
and provide a second opinion. Hester concluded that the government had not met its burden of proof and that the plea agreement provided the Angs with no material benefit. Retaining Hester and Keith A. MacFie ...
Case • 2004
according to the plain meaning of its words." Id. Here, an examination of both the text and the legislative history of the PLRA sheds little light on this question. The relevant statutory language simply ...
Case • 2000
, and actions against state officials in their official capacity where the relief sought is money damages. See Florida Department of Health v. Florida Nursing Home Ass'n, 450 U.S. 147, 67 L. Ed. 2d 132, 101 S. Ct ...
Case • 2003
of today's ruling, the court finds the City's and defendant Carey's motion should be denied without prejudice to its reassertion after the underlying liability issues are resolved. [**8] [*1106 ...
Case • 2005
was upheld by the Circuit Court for Somerset County on judicial review.*fn2 The Department appealed to the Court of Special Appeals, and this Court issued the writ of certiorari on its own motion prior ...
Case • 2007
is that he was deprived of a third chance at probation, in violation of at least the spirit of Proposition 36, if not its text. In People v. Tanner (2005) 129 Cal.App.4th 223 (Tanner) the Attorney General ...
Case • 2003
U.S. at 326-27, 109 S. Ct. at 1832. Accordingly, "nothing in Rule 12(b)(6) confines its sweep to claims of law which are obviously insupportable." Id., 490 U.S. at 327, 109 S. Ct. at 1832. DISCUSSION ...
Case • 2005
and provide a second opinion. Hester concluded that the government had not met its burden of proof and that the plea agreement provided the Angs with no material benefit. Retaining Hester and Keith A. MacFie ...
Case • 2004
. In response to Scott's complaints, the medical provider examined Scott and determined that the three times per day schedule could be continued. In its statement of material facts, the County asserted ...
Case • 2002
") breached its duty to provide him with "suitable quarters" as required by law. See 18 U.S.C. § 4042(a)(2). This case was bifurcated and the issue of liability was tried to the Court on May 28 and 29, 2002 ...
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