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Case • 2007
, collateral order is being appealed, and the appellate court has jurisdiction to hear the case, including challenges to the district court's determination that genuine issues of fact exist as to what conduct ...
Case • 2009
) (upholding [**8] Stevens' conviction for the murder of Zachary). B. Subsequent Amendments to the Act Since its inception in 1994 the Act has been amended several times. What began as a measure to give ...
Case • 2002
] (a) The Court's consideration of what an individual must prove to demonstrate a substantial limitation in the major life activity of performing manual tasks is guided by the ADA's disability definition ...
Case • 2004
on the recommendations [;] the only problem is that I don't know what those recommendations were." Letter, dated Nov. 15, 2000. Mr. Wirsching then requested a copy of the report and recommendations. In his opening brief ...
doctor phoned Marjorie to inquire what medications Ronnie was on, adding, they were having problems with him. She came to the jail with a bail bond check to take Ronnie home, only to learn that he had died ...
Case • 2007
to Michael Thompson v. Department of Justice? Recall that the only evidence of what happened in the district court is a single PACER docket report showing the case was dismissed, without a word on the grounds ...
Case • 2004
in the search, but did find what they termed "drug paraphernalia:" rolling papers and plastic baggies. According to [*573] plaintiff, the baggies were in her son's closet (she claims they were for her son's ...
Case • 2004
while the girls remained in custody, violated the Fourth Amendment in the absence of reasonable suspicion that contraband was possessed. We therefore vacate the judgment and remand to determine what ...
Case • 2005
in second- guessing what necessarily are subjective decisions, we are at the same time bound to insure that the inmate is accorded the basic requirements of due process, and where there is no evidence ...
Case • 2008
. See id. Beyond these minimal qualifications, the constitution does not specify any additional details about how the public defender in each circuit is to operate or what duties are to be performed ...
Case • 1998
stated that he had heard rumors that Mr. Knight was supporting Sam Page. Mr. Knight denied [*639] these rumors and asked Vernon what he should do to make things right. Vernon showed him "a list of Sam ...
Case • 1996
of July 30th, Duffy attracted the attention of another corrections officer. He gestured for a pen and paper, then wrote, "What happened to the hearing at 9:00 a.m.?" Duffy also showed the officer ...
Case • 1995
are unpersuaded. Halper addressed the issue "whether and under what circumstances a civil penalty may constitute punishment for the purpose of the Double Jeopardy Clause," 490 U.S. at 446, and is therefore ...
Case • 1996
not have a license to establish immunities from [section] 1983 actions in the interests of what we judge to be sound public policy." Tower v. Glover, 467 U.S. 914, 922-23 (1984). We turn now to a perusal ...
Case • 2001
change. During this time, plaintiff was still yelling and kicking his cell's door. What transpired next is highly controverted and is the foundation of plaintiff's claim. According to plaintiff: from ...
Case • 2004
of the legislature governs if that intent can be ascertained, and when a statute is plain and unambiguous, the court must give effect to the intention of the legislature as expressed rather than determine what the law ...
Case • 2008
and committing perjury. That is precisely what Plaintiff alleges here with regard to Defendants Agostini, Abate, Perez, Nieves and Martinez. Therefore, the Assistant District Attorney's actions do not constitute ...
Case • 2009
with Defendant Moises Ballista ("Ballista"), who was a guard at the prison, and that supervisory officials failed to protect her from what amounted to sexual abuse. The law presumes that a prisoner cannot consent ...
Case • 2001
about such a result," and that, "[i]n determining whether a defendant's conduct was malicious or wilful, you must consider what he did in light of all the circumstances, for malice and wilfulness ...
Case • 2001
, would likely have dismissed the claims under the same analysis used to dismiss the claims against Deputy Bunner. That we think we know what a district court probably would have done in a given situation ...
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