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Case • 2003
jurisdiction to address indigency determinations by the district courts in quite a few cases over the years. See, e.g., Geffken v. Strickler, 778 So. 2d 975 (Fla. 2001). In most cases, the petition filed ...
Case • 2000
prisoners to exhaust administrative remedies and pay filing fees, but not out-of-state prisoners. Gudmanson argues that the legislature changed the definition of "prisoner" used in § 801.02(7) in order ...
Case • 2002
believes he is perceived to be gay, alleges that he is repeatedly housed with racist and homophobic inmates, and that defendants consistently refuse his requests for a cell change. E.g., Compl. Page 2, P7 n1 ...
Case • 1985
. However that does not change the analysis in the text. Under the circumstances the proper course is to permit defendants to offer evidence showing there was just cause to discipline Shango and that he ...
Case • 1989
a prevailing party within the meaning of § 1988 the plaintiff must be able to point to a resolution of the dispute which changes the legal relationship between itself and the defendant. Id., at 760-761; Rhodes v ...
Case • 1985
found only one other decision addressing the precise question of mail between inmates of different institutions. See Schlobohm v. U.S. Attorney General, 479 F. Supp. 401 (M.D. Pa. 1979) (applying strict ...
Case • 1979
of assault, he indicated that it might have changed the decision. [23] Plaintiff's allegations that he never engaged in consensual activity are not altogether credible. Neither his testimony nor ...
Case • 1987
not allowed to shower in order to wash off the tear gas, nor were they permitted to change their bedding or to clean their cells. [18] Holloway claims use of the pepper fogger was unnecessary ...
Case • 1989
why having two hearings convened before the hearing at which the IDC addressed his case deprived him of due process. The hearing was held within eight days of the date the incident was reported ...
Case • 2000
of public employee speech, has no place in the context of prisoner petitions for redress of grievances, which typically address matters of personal concern. See Thaddeus-X, 175 F.3d at 392. Cf. Graham v ...
Case • 2000
testimony, there were no changes with respect to prison clothing, (R.R. at 422a-23a). Third, the City admitted in a post-trial affidavit that, after Powitz testified, additional sets of clothing were ...
Case • 2002
of the VA disability benefits check to pay the outstanding VCCB fine ordered by the New Jersey Superior Court. On the same date, Higgins filed a written complaint addressed to ADTC Superintendent William F ...
Case • 2001
address each argument in turn. [23] The prisoners' first argument rests on two provisions of RFRA. Entitled "Judicial relief," one provision establishes that "[s]tanding to assert a claim or defense ...
Case • 2001
Amendment Immunity The Fourth Circuit Court of Appeals addressed Eleventh Amendment immunity recently, stating: The Eleventh Amendment provides that "the Judicial power of the United States shall ...
Case • 2000
did not cross-appeal that conclusion, the district court having rejected each of the attendant constitutional claims. In his appeal of that judgment, we appointed counsel to address ...
Case • 1996
eligibility for conjugal visits. However, there is no indication that this is a permanent loss. Thus, Mr. Bullock's claim is not moot. The United [**13] States Supreme Court addressed the issue of whether ...
Case • 1991
the law was changed retroactively so as to deny it rent increases justified by expenditures already incurred. Under this theory, the deprivation resulted from the action of the City in passing Ordinance 529 ...
Case • 1997
was recommended for protective custody again on May 11, 1989. Even up until November 30, 1989, the MDT acknowledged that Hamilton's need for protective custody had not changed. In fact, while Hamilton was still ...
Case • 2001
with minimal change.) Section 2254(b)(1)(A) requires state prisoners to exhaust "the remedies available in the courts of the State" before seeking collateral relief in federal court. Markham holds ...
Case • 2001
on inmate property had changed and that inmates would no longer be allowed to have computers. Cody sought a temporary retraining order and/or preliminary injunction in this action to prevent the removal ...
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