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Case • 1987
and neither the plaintiff nor the court should be subjected to the unnecessary burden of reestablishing what has once been decided." System Federation No. 91 v. Wright, 364 U.S. 642, 647, 5 L. Ed. 2d 349, 81 S ...
Case • 2005
hair. [41] [2] Although RLUIPA does not define what constitutes a "substantial burden" on religious exercise, see 42 U.S.C. § 2000cc-5, in the context of a land use suit brought under RLUIPA, we ...
Case • 2000
religion, but rather to practice what he terms "Native American Spirituality." [18] Because Morrison's professed religious beliefs are similar to Native American beliefs, Morrison also wishes ...
Case • 2003
official would understand that what he is doing violates that right." Id. at 202. Although the officer must have knowledge of the right, it is not necessary that a case be "on all fours" with this one ...
Case • 2002
, 915 F.2d 845, 850 (3d Cir. 1990). Lacking any indication from Grayson's filings of what policy or custom he seeks to challenge under S 1983, we cannot say that the Jail had "fair notice of what ...
Case • 2002
agent Fontenot presented to the grand jury, of the testimony of four eyewitnesses described what those witnesses saw and made no reference to any statement by Sayes. Agent Craft testified that she had ...
Case • 2003
' " to a legitimate governmental interest; whether alternative means are open to inmates to exercise the asserted right; what impact an accommodation of the right would have on guards and inmates and prison resources ...
Case • 2005
in prison . . . for what I did . . . ." "I agree with the district attorney. I deserve a multiple-year denial for what I've done. . . . [S]o treat me like a first degree and not like a second degree because ...
Case • 2001
amenities are better than what law-abiding Americans have. Prisons should be places of detention and punishment; prison perks undermine the concept of jails as a deterrence. They also waste taxpayer money ...
Case • 2000
has substantially complied with the grievance procedure set forth under DC-ADM [*289] 804. n17 n16 It is somewhat unclear what steps defendants contend that plaintiff should have taken following ...
Case • 2003
are not going to tell me what to do." Id. In response, Velazquez and another guard, Ivano Bavaro, ordered all Observation Tier inmates to "lock in" to their cells. (Pl. Stmt, P 2.) At this time, Pizzuto obeyed ...
Case • 1998
, but the lack of fair notice and [19] governmental restraint when the legislature increases punishment beyond [20] what was prescribed when the crime was committed. Thus, even if a [21 ...
Case • 1996
of this new statute. Sasnett v. Sullivan, 91 F.3d 1018, 1023 (7th Cir. 1996). We express no opinion on what changes, if any, the new statute might require in the consent decree. We leave that issue in the first ...
Case • 1995
. What follows sets forth this Court findings of fact and conclusions of law upon which this determination is based as required by Rule 65 of the Federal Rules of Civil Procedure. The findings of fact ...
Case • 2002
established law. Citing a prior case from our court for the proposition that we take a "broad view" of what constitutes clearly established law, Burnham v. Ianni, 119 F.3d 668, 677 (8th Cir. 1997), the district ...
Case • 1994
by Plaintiffs' motion concerns what process is due to protect that liberty interest. The Defendants assert that this issue cannot be resolved on summary judgment. The Defendants point to numerous conflicts ...
Case • 1988
over what they were when this case began in 1976. (See this Court's description of those conditions in Owens-El v. Robinson, 442 F. Supp. 1368 (1978)). However, there have been no structural changes made ...
Case • 2003
. Id. [35] Snyder refers to Hampton as "Lucky" but also knew him as "Leroy" because that was what the guards called him. Plaintiff's SMF ¶ 14; Snyder Aff. ¶ 12. Snyder never talked to Hampton ...
Case • 2004
what's there when they're in undergarments so --." (Devlin Dep. at 15.) Later in her deposition, Devlin does state that she did not require minors to remove their bras and underwear (Devlin Dep. at 31 ...
Case • 1974
ask us to hold that the limitation on press interviews imposed by § 415.071 violates the freedom of the press guaranteed by the First and Fourteenth Amendments. They contend that, irrespective of what ...
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