what - Search | Prison Legal News

Weaver v. Toombs-948 F.2d 1004 (6th Cir. 1991)

Case • 1991

is immaterial to the question of access. Their alleged "constitutional right to file a non-frivolous suit" was not precluded, nor was their right to pursue what they perceived to be a non-frivolous appeal ...

Hertog, ex rel. S.A.H. v. City of Seattle-979 P.2d 400 (WA 1999)

Case • 1999

the reality of what officials exercising the cursory supervision permitted by state and local law can do to "control" the behavior of dangerous or, as here, potentially dangerous criminals. The huge caseloads ...

People v. Reyes-80 Cal.Rptr. 734, 968 P.2d 445 (Cal. 1998)

Case • 1998

) 43 Cal.3d 600, and Tyrell J. illustrate what a moveable feast the Fourth Amendment can be. In Burgener, an adult parolee, subject to a warrantless search condition, became the prime suspect ...

Waterman v. Verniero-12 F.Supp.2d 364 (D NJ 1998)(preliminary)

Case • 1998

that it prohibits constitutionally permissible speech. Third, the statute's failure to define "associated anatomical area" chills plaintiffs' rights to free speech because they do not have fair notice of what ...

Mitchell v. Maynard-80 F.3d 1433 (10th Cir. 1996)

Case • 1996

was asleep when the riot began and that he had nothing to do with what took place. In fact, Mr. Mitchell, an African American, after the urging of two guards, attempted to negotiate the release of the hostages ...

Inmates of Suffolk County v. Sheriff of Suffolk Co-952 F. Supp. 869 (D MA 1997)

Case • 1997

to unconstitutional conditions of pretrial confinement," the document declared: And whereas all parties desire to avoid further litigation on the issue of what shall be built and what standards shall be applied ...

California Department of Corrections v. Morales-115 S. Ct. 1597 (1995)

Case • 1995

held that the question of what legislative adjustments are of sufficient moment to transgress the constitutional prohibition must be a matter of degree, and has declined to articulate a single "formula ...

Mathis v. Sauser-942 P.2d 1117 (Alaska 1997)

Case • 1997

, and hence more relevant, sense: The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official ...

United States v. One Toshiba TV-213 F.3d 147 (3rd Cir. 2000)

Case • 2000

events, the jurisprudence of constitutional notice appropriately focuses not on what actually occurred, but rather on the procedures that were in place when notice was attempted. Evaluating the adequacy ...

Kikumura v. Hurley-242 F.3d 950 (10th Cir. 2001)

Case • 2001

there are alternate means for the inmate to exercise the asserted constitutional right. See id. at 90. Finally, courts should consider whether ready alternatives to the prison regulation are available and what impact ...

Lavallee v. Justices in the Hampden Superior Court-(442 Mass. 228; 812 N.E.2d 895 Mass. 2004)

Case • 2004

evidence of harm. The difficulty here is that, without counsel, there is no way for the Commonwealth or the court to know what that harm is. We cannot properly rely on the petitioners themselves to assess ...

Simmat v. United States Bureau of Prisons-413 F.3d 1225 (10th Cir. 2005)

Case • 2005

. § 1331. But jurisdiction is not enough. To bring suit, a plaintiff must also state a claim upon which relief may be granted, what used to be called stating a cause of action. See, e.g., Lake Country ...

Harlow v. Fitzgerald-457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982

Case • 1982

" to know what he actually did know. Ante, at 819, n. 33. Thus the clever and unusually well-informed violator of constitutional rights will not evade just punishment for his crimes. I also agree ...

U.S. Marshal's Service v. Means-741 F.2d 1053 (8th Cir. 1984)(en banc)

Case • 1984

. . . ." Indeed, what subsection (c) does specifically provide the indigent litigant is stated clearly in the first sentence: "The officers of the court shall issue and serve all process, and perform all duties ...

Via v. Taylor-224 F. Supp.2d 753 (D. Del. 2002).

Case • 2002

and on or off duty relationships. Article 16 also contains no disciplinary standards. Defendants make case-by-case determinations as to whether and what degree of discipline should be imposed as a result ...

Ciraolo v. City of New York-216 F.3d 236 (2nd Cir. 2000)

Case • 2000

out by footnote 29. [40] Accordingly, and despite what might be the salutary effects of punitive damages in a case such as this, we are constrained by the Supreme Court's holding in Newport ...

In Re Edward Ramirez-94 Cal.App.4th 549 (2001)

Case • 2001

with Francisco Chapa, Roger Yepez, and Arnold Herrera to buy alcohol. At 1:00 a.m. Ramirez and two of his companions entered what turned out to be a biker bar, where Herrera became involved in a confrontation ...

People v. Buckhalter-26 Cal.4th 20, 25 P.3d 1103 (Cal. 2001)

Case • 2001

this intervening period, defendant was subject to what the court described as the 15 percent limit on worktime credits for persons serving Three Strikes prison terms, rather than the more liberal good behavior ...

Johnson v. Commissioner of Correction-786 A.2d 1091 (Conn. 2002)

Case • 2002

of a court is raised, [it] must be disposed of no matter in what form it is presented. . . . The court must fully resolve it before proceeding further with the case. . . . Whenever a court finds that it has ...

Pryer v. Slavic-251 F.3d 448 (3rd Cir. 2001)

Case • 2001

by the officers' conduct. The court did not instruct the jury as to what kinds of injuries were compensable under S 1983, and did not inform the jury that it could awar d money damages for intangible harms ...