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Case • 2004
. In the published portion of this opinion, we address the nature of the crime appellant committed when he fled and conclude that his flight constituted an escape, but only because appellant was a parolee in lawful ...
Case • 2005
petitioners to return to state court. Rose v. Lundy, 455 U. S. 509, 518-519. At the time, there was no statute of limitations on federal habeas petitions. But that changed with AEDPA, which preserved Lundy's ...
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 • 2002
, e.g., Kimberly R. Greer, The Changing Nature of Interpersonal Relationship in a Women's Prison, 80 Prison J. 442, 462 (2000); Klinger v. Dep't of Corr., 31 F.3d 727, 732 (8th Cir. 1994) ("Male inmates ...
Case • 2002
of the dispute would be expeditious," the claim could go forward. Id. [34] This court has never addressed the juridical link doctrine squarely, even though several district courts within this circuit have ...
Case • 1996
Langston notified Clark and the time he notified the medical technician. In this case, the rape had already occurred. Clark could do nothing to change that. Apart from the rape, there is no evidence ...
Case • 2002
] the majority of cases addressing the registration laws have been upheld. He again cites to Cutshall on this issue and distinguishes the plaintiff's Otte case factually. [**8] The defendant points out ...
Case • 2005
, and the employee's personal activities are substantially restricted; [51] "(f) Is changing into and removing program- specified clothing and equipment necessary for the performance of the job; [52] "(g ...
Case • 2002
to provide guardrails on the top bunk, notwithstanding an extensive history of inmates' falling from top bunks and injuring themselves." (Id., emphasis in original). The defendants have addressed both prongs ...
and then to request that the State Party address those concerns in writing. In its report to the UN Committee on the Rights of the Child in 2002, Israel refused to provide any information or comment concerning its ...
Case • 2007
urine sample, had failed to re-register his address, and failed to report for office visits as directed. That day defendant denied the allegations at an unreported hearing conducted by Judge Wilson Curle ...
Case • 2002
in [respondeat superior] terms does not change the substance of the allegation (these two Defendants in their official `supervisory' capacity failed to prevent the alleged constitutional violations.") [37 ...
Case • 2005
the Supreme Court's Blakely decision). While this appeal was under advisement, the Supreme Court issued its decision in Booker. Thereafter, Bailey and the government filed supplemental briefs addressing whether ...
Case • 1999
, it is the most recent of the three post- [Edwards] Ninth Circuit cases. True, [Edwards] itself has not yet been decided by that Court on remand, and when it is it may change the legal landscape, but until ...
Case • 1998
rise to this litigation. By letter dated January 2, 1997, addressed to the Sheriff of Suffolk County, the then pro se plaintiff made a request, pursuant to the Freedom of Information Act (5 U.S.C. Ã ...
Case • 1993
in the isolation cell; (5) his linens became soiled and were not changed; and (6) he was denied prompt procurement of prescribed prosthetic devices. In addition to the eye witness testimony, a videotape that had ...
Case • 2001
, he did not ask for a change in his housing situation, such as being moved to another unit at FCI Dublin, nor did he ask that another inmate be moved away from him. Swan also failed to make any ...
Case • 2001
on the merits. The Russmans appealed. [18] DISCUSSION [19] Because we conclude that the case is moot, we are no longer faced with a justiciable controversy and therefore do not address the merits ...
Case • 2005
recognizes the impossibility of enforcing Supreme Court Rule 415(c) as well as defense counsel's need to share discovery materials with defendant in order to prepare an adequate defense. However, changes ...
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