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Stanford Law Review-The Myth of Personal Liability, March 2020

Publication • 2020

Filed under: Civil Rights Actions or Offenses/Bivens Actions

indemnified), and Carlos Manuel Vázquez, What Is Eleventh Amendment Immunity?, 106 YALE L.J. 1683, 1795-96, 1796 n.464 (1997) (same). 8. Some argue for the assignment of liability to the agency or department ...

Free v. State-874 P.2d 571 (Idaho App. 1993)

Case • 1993

. McDonald v. State, supra ; Bradford v. State, supra. To demonstrate prejudice from being denied access to the psychological evaluation, Free must indicate what he would or could have done to rebut the report ...

Hill v. Koon-732 F. Supp. 1076 (D NV 1990)

Case • 1990

both plaintiffs), she called for Mr. Koon. He came to the visiting room to observe the inmates' activities for himself and to determine what action ought to be taken to detect possible exchange of drugs ...

Blissett v. Coughlin-66 F.3d 531 (2nd Cir. 1995)

Case • 1995

of a violation of somebody's constitutional rights? There wasn't any question at that time. [83] MR. CREAM: That is right, Judge, but what behavior, what actions, what conditions constituted that violation ...

Hall v. Lombardi-996 F.2d 954 (8th Cir. 1993)

Case • 1993

detention.*fn4 [26] To demonstrate that the law is "clearly established," there must be a showing that a "reasonable official would understand that what he is doing violates" plaintiff's rights ...

Hall v. Griego-896 F. Supp. 1043 (D CO 1995)

Case • 1995

temporary six week assignment at CTCF satisfies even defendants' narrow definition of what constitutes a punitive or retaliatory transfer. There exist genuine issues of material fact as to whether Hall's ...

Miller v. Fairman-872 F. Supp. 498 (ND IL 1994)

Case • 1994

what procedures are used to punish an unconvicted pretrial detainee, Bell would hold such punishment unconstitutional. An analogous substantive due process right may be found in a mental patient's right ...

McGrath v. County of Nevada-67 F.3d 248 (9th Cir. 1995)

Case • 1995

. Rep. No. 94-1011, p. 6 (1976)). In determining what constitutes a reasonable fee, the district court should take into account the factors set forth in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 69 ...

Weeks v. Scott-55 F.3d 1059 (5th Cir. 1994)

Case • 1994

of this proposition. As Weeks states, "prosecution evidence--especially the charlatanesque testimony in this case--cannot establish as "true' what is scientifically established as false. Mr. Weeks' conviction can ...

Walker v. Sumner-14 F.3d 1415 (9th Cir. 1994)

Case • 1994

a choice as to what day the hearing was to be held. According to Walker, he responded that he was not prepared for a hearing because he had not been appointed an attorney or a staff representative as had ...

Newlin v. Helman-123 F.3d 429 (7th Cir. 1997)

Case • 1997

. [41] Next in line come a series of questions about payment. What happens to the $105 filing and docket fees, now that Griffin has been disqualified from proceeding in forma pauperis on appeal? How does ...

Buehl v. Lehman-802 F. Supp. 1266 (ED PA 1992)

Case • 1992

the right that remain open to prison inmates; (3) what impact accommodation of the asserted constitutional right will have on guards, other inmates, and the allocation of prison resources generally ...

Wilcox v. City of Reno-42 F.3d 550 (9th Cir. 1994)

Case • 1994

to the face.*fn1 Chief Kirkland testified at trial that he even used the videotape capturing the incident involving Wilcox as a training tool to show his officers exactly what type of force the new policy ...

Melvin v. United States-963 F. Supp. 1052 (D KS 1997)

Case • 1997

Melvin returned to Cell A-463, the cell was unlocked and his property was missing. Later that evening, in the presence of Officer Lowell Streeter, Melvin asked Richard what had happened. There are two ...

State ex Rel Callahon v. Kinder-879 S.W.2d 677 (Mo. App. WD 1994)

Case • 1994

unless such access is necessary for the employee to carry out his duties . . .. " (emphasis added). The statute goes on to allow Corrections to determine "what department employees or [**11] other ...

Allah v. Menei-844 F.Supp 1056 (ED PA 1994)

Case • 1994

"What the Muslims Believe" and a ten (10) point statement subtitled "What the Muslims Want". Pl.'s Mot. in Objection to Def.s' Mot. for Summ. J., Ex. A2. Upon review of the defendants' report ...

Sultenfuss v. Snow-7 F.3d 1543 (11th Cir. 1993)

Case • 1993

that the Connecticut statute governing commutation of prison sentences does not create a liberty interest; in so holding, the Court said: "The statute imposes no limit on what procedure is to be followed, what evidence ...

Woods v. Thieret-5 F.3d 244 (7th Cir. 1993)

Case • 1993

. Deines v. Vermeer Mfg. Co., 969 F.2d 977, 979 (10th Cir. 1992); Syncom Capital Corp. v. Wade, 924 F.2d 167, 169 (9th Cir. 1991) ("because we lack a transcript detailing what these facts might be, we ...

Searles v. Von Bebber-64 F.Supp.2d 1033 (D.Kan. 1999)

Case • 1999

), plaintiff fails to provide any indication of what the faxes related to. The Court cannot determine which faxes were reasonably necessary and which were merely for the sake of convenience. To compensate ...

In Re Smith-139 Wn.2d 199 (Wash. 1999)

Case • 1999

of Bellingham, 128 Wash. 2d 537, 546, 909 P.2d 1303 (1996); In re Kurtzman's Estate, 65 Wash. 2d 260, 263, [*204] 396 P.2d 786 (1964). In general, the intent of the Legislature is to be deduced from what it said ...