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Case • 2001
not provide Congress with authority to enact §13981's federal civil remedy. A congressional enactment will be invalidated only upon a plain showing that Congress has exceeded its constitutional bounds. See ...
Case • 1991
director to use health care staff to conduct the exams. The searches revealed seventeen balloons of gunpowder and a detonator cord, but none of the blasting caps the informant had mentioned. [18 ...
Case • 1993
custody in order to ensure the plaintiff's physical and mental safety and well-being; and that defendant Meachum failed to enact and enforce policies and procedures to protect the physical and mental health ...
Case • 1996
of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw ...
Case • 1998
omitted). [25] We affirmed the district court's order by a judgment order on February 25, 1993. See Fontroy v. Owens, 989 F.2d 486 (3d Cir. 1993). Subsequently, the Supreme Court issued its decision ...
Case • 1994
proper proceeding for redress. n2 Although the United States Supreme Court has held that "neither a State nor its officials acting in their official capacities are 'persons' under § 1983," Will v ...
Case • 1993
of innocence, secured only after centuries of struggle, would lose its meaning."). Punishment comes only after conviction by proof beyond a reasonable doubt. In re Winship, 397 U.S. 358, 25 L. Ed. 2d 368, 90 S ...
Case • 1999
to, exhibits, photocopying, postage, telephone calls and travel expenses. See e.g., Kuzma v. I.R.S., 821 F.2d 930, 933-34 (2d Cir. 1987); Aston v. Secretary of Health and Human Services, 808 F.2d 9, 12 (2d Cir ...
Case • 1997
, such as the severity of the cold; its duration; whether the prisoner has alternative means to protect himself from the cold; the adequacy of such alternatives; as well as whether he must endure other uncomfortable ...
Case • 1985
, impair his health. [29] Joint Appendix at 30. Grandison sought compensatory and punitive damages, and injunctive relief. He also moved for leave to proceed in forma pauperis and for the appointment ...
Case • 2003
Virginia Department of Health and Human Resources, 532 U.S. 598 (2001), which rejected the catalyst theory as a legal basis for the recovery of prevailing-party attorneys' fees under the ADA and the FHAA ...
Case • 2001
; it is enough that the official acted or failed to act despite his knowledge of a substantial risk of harm. [32] [But] prison officials who actually knew of a substantial risk to inmate health or safety ...
Case • 2003
constitutional guarantees, but on appeal he pursues only the Eighth [*939] Amendment claim and has thus abandoned the others. See Duncan v. Wis. Dep't of Health & Family Servs., 166 F.3d 930, 934 (7th Cir. 1999 ...
Case • 1996
appeals from civil contempt orders entered against parties to litigation. See Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 859 F.2d 681, 687 (9th Cir. 1988); Union of Prof'l Airmen v ...
Case • 2003
.3d 545, 548 (D.C. Cir. 1999) that District Court abused its discretion when it failed to consider the pro se plaintiffs complaint in light of his reply to the motion to dismiss). [20] Wall's ...
Case • 2002
-Claudio was seen by a health care professional, who diagnosed him as suffering from post-traumatic stress disorder ("PTSD"). [19] Medina-Claudio remained at MDC until November 1, 1999, after which he ...
Case • 2001
and its probable cause. United States v. Kubrick, 444 U.S. 111, 122 (1979). The district court found that McCoy's claim was barred by the statute of limitations in § 2401(b) because McCoy knew ...
Case
for summary judgment "must 'demonstrate the absence of a genuine issue of material fact,' but need not negate the elements of the nonmovant's case."34 If the moving party satisfies its burden, "the non-moving ...
Case • 2023
health and that he suffered "severe" headaches after the fire. Id. at 281. He claims that he "was injured by the Fire and suffered from headaches, nausea, worsened asthma, black discharge from his&nbsp ...
Article • May 15, 2001 • from PLN May, 2001
Filed under: News, News in Brief
of the prisoner's health. The prisoners received extensive political support during their hunger strike. The sentence reduction should result in the prisoner's release within a year. AZ: On December 27, 2000 ...
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