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Case • 1998
declaratory judgments in cases where the controversy would admit "of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon ...
Case • 1997
came on duty, relieving Walker. After Walker briefed Neal on what was going on in the jail, and that he had a prisoner in the tank on vehicle burglary, Neal did a jail check and found Ricks in his cell ...
Case • 2000
or ambiguous." Similarly expressed, "What the Legislature intended to be done can only be ascertained from what it has chosen to enact, and it is only when words of the statute are ambiguous or obscure ...
Case • 2005
the computation of GCT supports his position that he should earn fifty-four days per year for each year of his ten-year sentence imposed--what could be easier than multiplying fifty-four by ten? Perez-Olivo's ...
Case • 2003
U. S. 514, 531-32 (1968). The purpose of the Amendment indicates that it contains a limitation on what types of state actors can violate it. The Supreme Court has instructed that "the text ...
Case • 2001
effects of interferon [*979] (e.g., how it would affect his other medical conditions and medications), but was not receiving what he considered satisfactory information, so he would not sign the consent ...
Case • 2001
that should result in a sentence different from that described." . . . The decision as to whether and to what extent departure is warranted rests with the sentencing court on a case-specific basis ...
Case • 2003
current incarceration (second interpretation). Napier, 314 F.3d at 532-34. Additionally, it also could refer to a prisoner's current "prison custody," i.e., to his current incarceration in what § 1997e(e ...
Case • 2003
, and (3) "a reasonable defendant [would] have understood from the existing law that [his] conduct was unlawful." Young v. County of Fulton, 160 F.3d 899, 903 (2d Cir. 1998). "The question is not what ...
Case • 2002
requested that the court approve her reappointment. The court obliged. [17] In January of 1996, the district court entered what it termed a "partial final judgment." In this decree, the court settled ...
Case • 1990
and to determine what action ought to be taken to detect possible exchange of drugs during the visitations. [15] Close observation by the prison personnel disclosed no exchange of drugs to prisoners ...
Case • 1987
to determine what fee is "reasonable." Hensley, 103 S. Ct. at 1939. [25] Prevailing party status is not restricted to a "victor" after entry of a final judgment following full trial on the merits ...
Case • 1989
REHNQUIST delivered the opinion of the Court. [12] This case requires us to decide what constitutional standard governs a free citizen's claim that law enforcement officials used excessive force ...
Case • 2003
and the district court has a clear legal duty to determine his indigency without requiring compliance with the statute. The Prisoner Indigency Statute is still relatively new and questions as to what types of cases ...
Case • 2005
the prisoners on the floor had discussed the suit by shouting from cell to cell. In response to what he perceived to be undue harassment by several of the prison guards, Bell sent a "Notice of Litigation ...
Case • 2001
that there was no way that we could justify a Federal investigation on what would at best be misdemeanor level quantities." J.A. 1074. [20] Although Lincoln never formally granted permission for Michael ...
Case • 1989
sources" placing plaintiff at the scene. n3 Plaintiff was sentenced to one year in the SHU. n3 We are unclear as to who or what these reliable sources were. Defendants' counsel appeared equally ...
Case • 1990
of that system solely as the remedy for what he asserts has been the intolerable beatings inflicted upon him in the prison. [28] Hakeem is "seeking immediate release" from his present confinement only ...
Case • 1981
group for failure to state a claim under Rule 12(b)(6). A third group of allegations was disposed of on summary judgment under what appears to be a collateral estoppel theory. The district court disposed ...
Case • 2002
brought this to his attention, and [**5] told him that this makes me feel uncomfortable because I do not know what's on this man's mind, and I had -- the only response I've got out of the system is, 'Don't ...
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