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Case • 1996
nevertheless told Babcock to enter the general population with what, to Babcock, must have seemed rather glib advice: "Just keep your eyes open." That very same day, Babcock refused his assignment, preferring ...
Case • 1995
U.S. at 328). [23] The analysis employed in Adams is precisely what is required when an appellate court must determine whether a district Judge abused his discretion in dismissing a complaint ...
Case • 1993
, there is the question of whether and to what extent the "extra" remedial protections of the decree, at least if embodied in a bargained-for consent decree, ought to remain relevant when the underlying federal violations ...
Case • 1992
to no further relief. Notwithstanding the court's invitation, appellant chose not to challenge the Judge's description as to what transpired at the unrecorded July 10 bench conference,*fn6 and opposed replacement ...
Case • 1996
what is required during their shifts. Although the post orders include a requirement for random security checks, the court found no indication that random checks must be (or were) accomplished hourly ...
Case • 1996
to let him or her know what had happened, but Defendant Brown "hollered" back that he did not want to hear Plaintiff's complaint. Twenty minutes later, Defendants [**4] Brown and Vergis arrived ...
Case • 1997
the congruence between the text of the statute and the legislature's easily discerned intent, we conclude that Congress meant precisely what it said - however deviant from ordinary usage that may be - when ...
Case • 2004
"and the legitimate governmental interest put forward to justify" them. 482 U.S. at 89. We next inquire whether there are alternative means for the inmate to exercise his right, what impact accommodation ...
Case • 2002
an additional claim that RLUIPA fails under the Spending Clause because Congress failed to provide guidance as to how agencies should obey the statute. Defendants' concern addresses what they consider ...
Case • 2005
, is not irrelevant. Rather, this Court must determine what past bad acts reveal about an applicant's current character. [47] III. [48] ¶18 In compliance with Rule 36(a)4.E, the Committee conducted ...
Case • 2005
) pending the outcome of the case.*fn3 [36] ISSUES [37] I. What is the appropriate level of deference an appellate court should afford to the trial court when deciding remittitur issues? [38 ...
Case • 1982
a prisoner is not a necessary component of an eighth amendment claim under § 1983. Spain v. Procunier, 600 F.2d 189, 197 (9th Cir. 1979); Haygood v. Younger, 527 F. Supp. 808, 820 (E.D. Cal. 1981). What ...
Case • 1980
as it affirmed the District Court's dismissal of the petitioner's complaint. He substantially agrees, however, with what is said in Part III of the Court's per curiam opinion, and for those reasons would reverse ...
Case • 1987
segregation in a Florida institution, we stated: "Regardless of what the state chooses to call the confinement to which plaintiff was subjected, the fact remains that the state, through regulation ...
Case • 2001
at the time of the trial, the appellee could have had the recovered secretion blood-typed to potentially rule him out as a suspect if he knew that he was not the perpetrator, but for what were presumably ...
Case • 1983
to indicate the gravity of the problem.*fn9 [46] On the limited record before us, the Department has adduced what can only be described as an extremely weak security justification for the instant rule ...
Case • 1988
predecessor, Donald Spaid, promulgated what the city readily acknowledges was a binding policy regarding secondary employment;*fn8 although the CSC ultimately modified the sanctions respondent suffered ...
Case • 1997
. 1995) ("Wolfish emphasized what is the animating theme of the Court's prison jurisprudence for [**14] the last 20 years: the requirement that judges respect hard choices made by prison administrators ...
Case • 2005
the area and summoned the on-duty nurse, Samantha Gilbert, R.N., to assess Cook's health. [19] Inasmuch as Cook does not recall in detail what occurred after Bigcraft ordered the videotaping, he ...
Case • 2001
of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987 ...
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