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Case • 1987
all of the benefit sought by the plaintiff. Fast, 728 F.2d at 1033. Once plaintiff has surmounted this threshold barrier, it remains for the district court to determine what fee is "reasonable." Hensley ...
Case • 1988
claims. [30] This court has in the past taken a broad view of what constitutes "clearly established law" for the purposes of a qualified immunity inquiry, requiring some but not precise factual ...
Case • 2003
, a hearing was held on the petition alleging abuse and neglect (October hearing). There is no taped transcript of what occurred at this hearing, but the adjudication and disposition order, entered after ...
Case • 2006
. The next day, Defendant called Plaintiff to his office and said something to the effect of, "Didn't I tell you what would happen if you ever [went] over my head again?" Plaintiff asked, "What are you talking ...
Case • 2007
or imminent harm. It would also need to fine-tune what is "serious enough" to qualify for the exception. Is being denied heart medication? What about a cholesterol-lowering drug? How frequently do beatings need ...
Case • 2023
the defendant fair notice of what the . . . claim is and the grounds upon which it rests." Erickson v. Pardus, 551 U.S. 89, 93, 127 S. Ct. 2197, 167 L. Ed. 2d 1081 (2007) (quoting Bell Atl. Corp. v. Twombly, 550 ...
, but not hard. McCellan was not charged. Two other prisoners, Tracy Price and Kerry Porter, also told jurors what they saw. Price said Barnes' foot was moving on Reynolds' head "like putting out ...
Case • 1977
a "substantial part" in the decision of the Board not to renew Doyle's employment, he was entitled to reinstatement with backpay. App. to Pet. for Cert. 12a-13a. The District Court did not expressly state what ...
Case • 2002
a statute is plain and unambiguous, the court must give effect to the legislature's intent as expressed in the language of the statute, rather than determine what the law should be. It is presumed ...
Case • 1984
[that] what they were doing was within the scope of their appointment." This is the first time the question of good faith immunity was even arguably raised. [25] The plaintiffs testified and presented ...
Case • 2003
to prove his claims under the incorrectly identified amendments. n1 See Def.'s Reply at 2 ("Regardless of what the plaintiff states ... concerning allegations of his alleged illegal seizure ...
Case • 2004
of fruit. Officer William Benson ("Benson") admonished L.G. for getting up without permission, but permitted him to wash his fruit before sitting back down. What happened after L.G. returned to his seat ...
Case • 2002
federal imprisonment is preempting what he claims are rights of the state court. However, Taylor's argument has no persuasive support in constitutional principle, consistent practice or established case law ...
Case • 2004
and their parents, who are directly affected by the laws and practices against which their complaints are directed, give the parties standing to complain). [40] It follows, from what has been said ...
Case • 2002
from other sources. Id. Exh. B. It is true that the request in dispute is exceedingly broad, and not worded with sufficient clarify to allow a reasonable reader to know precisely what documents ...
Case • 2002
through his head. The pamphlet included several poems, cartoons and essays. Among the essays was one in which the author "wondered what would happen" if he shot the principal, the school's teachers ...
off water for a week, ending showers for prisoners. What water later flowed from faucets was brown and smelled/tasted bad. Southern Center investigator Mary Kelly said the bad water was from rusting ...
what is atypical and significant in any particular prison system.26 The Court went on to state that it does not matter in this case since the supermax imposes an atypical and significant hardship under ...
Case • 2003
, and maintain order, and, on the other, protecting the right of individuals to practice their faith unfettered by the state's definition of what constitutes a legitimate religious imperative. In cases like ...
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