what - Search | Prison Legal News

Gerhardt v. Lazaroff-221 F.Supp.2d 827, 833 (S.D. Ohio 2002).

Case • 2002

, that governments may, in their effort to accommodate religion, go beyond what is minimally required of them by the Free Exercise Clause without running afoul of the Establishment Clause. Id. at 334-35, 107 S.Ct ...

Spellman v. Hopper-Case No. 95 F.Supp.2d 1267 (MD AL 1999)

Case • 1999

. The Gregory court found it significant that the policies in question were "not directed at what mail an inmate could receive, but only at when he could receive it." Gregory, 768 F.2d at 290 (disciplinary ...

Horne v. Coughlin-191 F.3d 244 (2nd Cir. 1999)

Case • 1999

, that would have been dictum; it would have had no effect on the Disposition, as the defendant would have been entitled to qualified immunity because the right was not yet clearly established. Perhaps what ...

Michigan v. Wyngaard-614 N.W.2d 143 (Mich. 2000)

Case • 2000

and purchase money was an appropriate remedy that cured the defendant's detrimental reliance. Id. at 456. [36] Gallego did not address the precise issue presented here: What remedy must be afforded under ...

Kaiser v. Sakata-40 P.3d 800 (Alaska 2002)

Case • 2002

usual function and noted that "regardless of their opinion, the parties are still allowed to go ahead with the case" and go to trial. Defendants waived the panel. Kaiser asked the court what advantage ...

Estate of Ford v. Ramirez-Palmer-301 F.3d 1043 (9th Cir. 2002)

Case • 2002

, belief about the facts or about what the law requires in any given situation. Id. at 202 (quoting Malley v. Briggs, 475 U.S. 335, 341 (1986)); see Jeffers, 267 F.3d at 909 (noting in Eighth Amendment case ...

Williams v. Greifinger-97 F.3d 699 (2nd Cir. 1996)

Case • 1996

with active TB are placed in "respiratory isolation"; that is, these inmates do not share a common breathing space with persons who do not have active TB. [22] This case is about what happened to inmates who ...

Glover v. Johnson-879 F. Supp. 752 (ED MI 1995)

Case • 1995

are unacquainted with the past history of these cases, and see their confinement problems [**4] as new matters. Finality in these cases is, accordingly, elusive -- even though it is highly desired. What is striking ...

United States v. Tines-70 F.3d 891 (6th Cir. 1995)

Case • 1995

the jury did not know what part of Littles' testimony would be relevant. J.A. at 1051. See Epley, 579 F.2d at 579. Furthermore, to guard against the dangers of undue emphasis and context, the court gave ...

Klinger v. Nebraska DOC-887 F. Supp. 1281 (D NE 1995)

Case • 1995

of what occurred at these work release centers was irrelevant. Klinger I, 824 F. Supp. at 1418. In order to understand the issues [**4] that now confront me, it is necessary to have a clear understanding ...

Sterling v. United States-85 F.3d 1225 (7th Cir. 1996)

Case • 1996

to the property room of the [Special Housing Unit] to inventory your personal property. At that time, you requested that a great deal of what you referred to as "excess paperwork" be destroyed by the officer. Your ...

VitaPro Foods v. Department of Criminal Justice-969 SW 2d 84 (Tex.App.-Texarkana 1998)

Case • 1998

"in the manner provided by law." To hold that this statute permits direct purchases would be to beg the question. Thus, we must look to the specific authorization provisions to determine what manner is provided ...

Inmates of Orient Correctional Institution v. Ohio-929 F.2d 233 (6th Cir. 1991).

Case • 1991

] Although incarceration itself represents a quintessential deprivation of liberty, lawful incarceration does not extinguish all of a prisoner's constitutionally protected liberty. Prison inmates retain what ...

Del Raine v. Carlson-826 F.2d 698 (7th Cir. 1987)

Case • 1987

has exercised due diligence in serving a defendant, or, what is the equivalent inquiry, has shown good cause for missing the 120-day deadline, is a discretionary determination entrusted to the district ...

Disability Advocates, Inc. v. McMahon-279 F.Supp.2d 158 (N.D.N.Y. 2003)

Case • 2003

.) J.R. also claims that when she called the New York State Police to inquire about her mental health arrest, a trooper responded that "well you know what we tell our children don't you? Don't do anything ...

Faas v. Washington County-260 F.Supp.2d 198 (D.Me. 2003)

Case • 2003

. 10; Bordanaro, 871 F.2d at 1155-63. What distinguishes "failure to train" cases, however, is that there need not be a systematic unconstitutional practice (i.e., a policy or a custom) for liability ...

United States v. Fulcher-250 F.3d 244 (4th Cir. 2001)

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 ...

Stephenson v. Dunford-320 F.Supp.2d 44 (W.D.N.Y. 2004)

Case • 2004

56(f) affidavit, however, or said what he would need to address in discovery.) Plaintiff contends that by waiting so long, defendants have waived the defense. [25] Rule 15(a) of the Federal ...

Russell v. Lazar-300 F.Supp.2d 716 (E.D.Wis. 2004)

Case • 2004

has been deprived of a protected liberty or property interest; the second step is to determine what process is due. Id. In the present case, it is undisputed that plaintiff had a protected liberty ...

United States v. Roy-734 F.2d 108 (2nd Cir. 1984)

Case • 1984

of a "trespasser on society." If the metaphor means what it seems to mean it has frightening implications*fn2 which my brothers would be the first to reject if put to the test. [38] It is true that persons ...