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United States v. Francis-129 F.Supp.2d 612 (SD NY 2001)
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 ...
Napier v. Preslicka-331 F.3d 1189 (11th Cir. 2003)
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 ...
Anderson v. Recore-317 F.3d 194 (2nd Cir. 2003)
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 ...
Morales Feliciano v. Rullan-303 F.3d 1 (1st Cir. 2002)
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 ...
Hill v. Koon-732 F.Supp. 1076 (D.Nev. 1990).
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 ...
Swart v. Scott County, Minnesota-650 F.Supp. 888 (D.Minn. 1987).
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 ...
Graham v. Connor-490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (198
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 ...
Schmidt v. Crusoe-878 So.2d 361 (Fla. 2003).
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 ...
Bell v. Johnson-404 F.3d 997 (6th Cir. 2005)
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 ...
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 ...
Vasquez v. Coughlin-726 F.Supp. 466 (SD NY 1999)
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 ...
Abdul-Hakeem v. Koehler-910 F.2d 66 (2nd Cir. 1990)
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 ...
Madyun v. Thompson-657 F.2d 868 (7th Cir. 1981)
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 ...
Scicluna v. Wells-219 F.Supp.2d 846 (E.D. Mich. 2002).
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 ...
Smith Ex Rel. Smith v. Siegelman-322 F.3d 1290 (11th Cir. 2003).
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 ...
Powell v. Ward-643 F.2d 924 (2nd Cir. 1981)
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 ...
Morrow v. Harwell-768 F.2d 619 (5th Cir. 1985).
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 ...
Parks v. Warren Correctional Institution-51 Fed.Appx. 137 (6th Cir. 2002).
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 ...
Washington v. Wallin-125 Wn. App. 648, 105 P.3d 1037 (2005)
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 ...
Wright v. Rushen-642 F.2d 1129 (9th Cir. 1981)
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 ...
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