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Case • 2003
the Smith interview. [49] *fn4 Smith's complaint does not indicate what transpired in the juvenile court - for example, it does not indicate the complaint's final disposition. During oral argument ...
Case • 1981
. The only specification of the nature of the offense charged was citation to a code number; to find out what offense is covered by the code number an inmate must refer to the "Standards of Inmate Behavior ...
Case • 1985
of inmates at a given facility who are there long enough to have Bounds rights is important to what the defendant must do to remedy the violation. With only a few nontransient inmates for example, judicial ...
Case • 2002
they happen to arise in a qualified-immunity case; if what is at issue in the sufficiency determination is nothing more than whether the evidence could support a finding that particular conduct occurred ...
Case • 2005
court criticized the board for defying what was in fact a valid order.*fn24 The legislature subsequently provided procedures for the DOC to challenge sentences it believed were erroneous to prevent ...
Case • 1981
addresses sanitary conditions and food services. It mandates daily cleaning of showers and requires what the parties appear to agree would amount to three hot meals each day for inmates in administrative ...
Case • 1979
after he had been transferred from the MRDCC, Doe asked for certain declaratory and injunctive relief in light of what he maintained was an atmosphere of pervasive violence and danger to the inmates ...
Case • 2005
malpractice trial, the 'trier of fact will be asked to decide what a reasonable jury or fact finder {in the underlying trial or 'trial within the trial'} would have done but for the attorney's negligence ...
Case • 2000
" suicide watch. What is clear is that as many as 45 minutes elapsed from the time a deputy last checked on Jacobs to the time she was discovered hanging from the light fixture in the detox cell. [15 ...
Case • 1972
, whether such right has been infringed in the case before it, and (3) if a constitutional right has been infringed, what remedy is appropriate. [29] IV. [30] In the instant case plaintiffs ...
Case • 2003
. [27] Thus, at the outset, we must identify precisely the constitutional violation being asserted by Resnick. To do so, however, it must be clear what Resnick does not assert. As the district court ...
Case • 1987
square feet or less be used to house only one inmate. The most important exception to the latter requirement relates to "open celling" through which two inmates may [**6] be assigned to what otherwise ...
Case • 1989
and proceed to the issues. [28] III. [29] A. [30] This case cannot be considered in isolation. What began as one inmate's effort to obtain relief from local conditions that he considered ...
Case • 1980
on the merits of his claims, either in the trial court or on appeal. The congressional Committee Reports described what were considered to be appropriate circumstances for such an award by reference to two cases ...
Case • 2000
shall not consider this DOCS argument for present purposes. n2 No matter what plaintiff or the other inmates can write or research in isolation, if they cannot gather to discuss common issues ...
Case • 2004
. In Anderson, we considered what immunity should extend to the Chairman of the Oregon State Parole Board and the Assistant Director of the Oregon Interstate Compact. Anderson, 714 F.2d at 907-08. We held ...
Case • 2005
and the desirability of avoiding frequent appellate review of what essentially are factual matters." Hensley, 461 U.S. at 433. However, a "request for attorney's fees should not result in a second major litigation." Id ...
Case • 2004
.520 itself, which merely directs the WUTC to adopt regulations, form the basis of a CPA violation? Similarly, what kind of violation can or should be divined from the amorphous 'legislative finding ...
Case • 2000
divests a district court of the authority to order discovery or conduct other burdensome pretrial proceedings. [20] But what about a district court's authority to accept an amended complaint ...
Case • 2002
or expect from the prison administrative process; he had "won" his appeal and had been granted all the relief he sought in his grievance. Nowhere have the defendants articulated what other types of relief ...
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