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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 ...
Case • 2009
enjoining the Department from confiscating and destroying materials in his possession pursuant to the policy. Brittain attached what he characterizes as affidavits, signed by him and six other inmates, which ...
Case • 2008
" working with them. She further testified that she had witnessed rank-and-file members of the Police Department commenting about her in a derogatory way, saying, for example, "Careful what you say because ...
Case • 2001
risk of harm in the MCI-H annexes, what is the appropriate legal standard against which to measure Winebrenner's conduct; and, second, given the appropriate legal standard, is there enough evidence ...
Article • April 3, 2018 • from PLN April, 2018
Brownsville – is a perfect example of this. The 237-acre men’s prison began operating in 2003 on one corner of what, in the 1940s through the 1970s, was one of the largest coal preparation plants ...
Article • September 29, 2015
a prison, but she credits the other women with helping her through what might have been a more intimidating process. “When you walk through the metal detector, you don’t lift your foot up so ...
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