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Belgard v. State of Hawaii-883 F. Supp. 510 (D HI 1995)
Case • 1995
(particularly before trial, so that defendants can know what claims will be tried and what will be the applicable standard on which they must defend their policies). Defendants' Objections to F&R II at 2 ...
Muslim v. Frame-891 F. Supp. 226 (ED PA 1995)
Case • 1995
) Mr. Muslim did not serve a copy on defendants. Since the court forwarded a copy of plaintiff's objections to defendants, it is not apparent in what way plaintiff's most assuredly unconventional ...
Guglielmo v. Cunningham-811 F. Supp. 31 (DC NH 1993)
Case • 1993
facts, not subjective characterizations, as to who did what to whom and why." Dewey, supra, 694 F.2d at 3. In claiming a violation of his civil rights under 42 U.S.C. § 1983, a plaintiff must allege ...
Hadix v. Johnson-933 F.Supp. 1362 (WD MI 1996)
Case • 1996
) provides that "all laws in conflict with such rules shall be of no further force or effect after such rules have taken effect." Pursuant to the REA, the Supreme Court adopted what are now known ...
Northington v. Jackson-973 F.2d 1518 (10th Cir. 1992)
Case • 1992
for the court to pierce the veil of the complaint and dismiss plausible allegations as untruthful under Rule 12(b)(6). See Neitzke, 490 U.S. at 327 ("What Rule 12(b)(6) does not countenance are dismissals based ...
Daugherty v. Campbell-935 F.2d 780 (6th Cir. 1991)
Case • 1991
be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless the very action ...
Taylor v. Freeman-34 F.3d 266 (4th Cir. 1994)
Case • 1994
are consigned to speculate over what facts in particular supported the district court's Conclusions. See Appellee's Br. at 15-24 ("Plaintiffs here briefly review the evidence upon which each material finding ...
James v. Lash-965 F.Supp. 1190 (ND IN 1997)
Case • 1997
applicable to that case was something other than what the courts said it was." Id. at 1457 (citations omitted). Where acts of the legislative branch prevent the judicial branch from accomplishing [**10] its ...
Calderon v. Ashmus-118 S.Ct 1694 (1998)
Case • 1998
declaratory judgments in cases where the controversy would admit "of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon ...
Barrie v. Grand County Utah-119 F.3d 862 (10th Cir. 1997)
Case • 1997
came on duty, relieving Walker. After Walker briefed Neal on what was going on in the jail, and that he had a prisoner in the tank on vehicle burglary, Neal did a jail check and found Ricks in his cell ...
New York State Crime Victims Bd v. TJM Productions-705 NYS.2d 320, 265 AD.2d 38 (NY App.Div.1, 2000)
Case • 2000
or ambiguous." Similarly expressed, "What the Legislature intended to be done can only be ascertained from what it has chosen to enact, and it is only when words of the statute are ambiguous or obscure ...
Perez-Olivo v. Chavez-394 F3d. 45 (1st Cir. 2005)
Case • 2005
the computation of GCT supports his position that he should earn fifty-four days per year for each year of his ten-year sentence imposed--what could be easier than multiplying fifty-four by ten? Perez-Olivo's ...
Smith v. Cochran-339 F.3d 1205 (9th Cir. 2003)
Case • 2003
U. S. 514, 531-32 (1968). The purpose of the Amendment indicates that it contains a limitation on what types of state actors can violate it. The Supreme Court has instructed that "the text ...
Gomez v. Winslow-177 F.Supp.2d 977 (ND CA 2001)
Case • 2001
effects of interferon [*979] (e.g., how it would affect his other medical conditions and medications), but was not receiving what he considered satisfactory information, so he would not sign the consent ...
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 ...
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