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Case • 1979
after he had been transferred from the MRDCC, Doe asked for certain declaratory and injunctive relief in light of what he maintained was an atmosphere of pervasive violence and danger to the inmates ...
Case • 2005
malpractice trial, the 'trier of fact will be asked to decide what a reasonable jury or fact finder {in the underlying trial or 'trial within the trial'} would have done but for the attorney's negligence ...
Case • 2000
" suicide watch. What is clear is that as many as 45 minutes elapsed from the time a deputy last checked on Jacobs to the time she was discovered hanging from the light fixture in the detox cell. [15 ...
Case • 1972
, whether such right has been infringed in the case before it, and (3) if a constitutional right has been infringed, what remedy is appropriate. [29] IV. [30] In the instant case plaintiffs ...
Case • 2003
. [27] Thus, at the outset, we must identify precisely the constitutional violation being asserted by Resnick. To do so, however, it must be clear what Resnick does not assert. As the district court ...
Case • 1987
square feet or less be used to house only one inmate. The most important exception to the latter requirement relates to "open celling" through which two inmates may [**6] be assigned to what otherwise ...
Case • 1989
and proceed to the issues. [28] III. [29] A. [30] This case cannot be considered in isolation. What began as one inmate's effort to obtain relief from local conditions that he considered ...
Case • 1980
on the merits of his claims, either in the trial court or on appeal. The congressional Committee Reports described what were considered to be appropriate circumstances for such an award by reference to two cases ...
Case • 2000
shall not consider this DOCS argument for present purposes. n2 No matter what plaintiff or the other inmates can write or research in isolation, if they cannot gather to discuss common issues ...
Case • 2004
. In Anderson, we considered what immunity should extend to the Chairman of the Oregon State Parole Board and the Assistant Director of the Oregon Interstate Compact. Anderson, 714 F.2d at 907-08. We held ...
Case • 2005
and the desirability of avoiding frequent appellate review of what essentially are factual matters." Hensley, 461 U.S. at 433. However, a "request for attorney's fees should not result in a second major litigation." Id ...
Case • 2004
.520 itself, which merely directs the WUTC to adopt regulations, form the basis of a CPA violation? Similarly, what kind of violation can or should be divined from the amorphous 'legislative finding ...
Case • 2000
divests a district court of the authority to order discovery or conduct other burdensome pretrial proceedings. [20] But what about a district court's authority to accept an amended complaint ...
Case • 2002
or expect from the prison administrative process; he had "won" his appeal and had been granted all the relief he sought in his grievance. Nowhere have the defendants articulated what other types of relief ...
Case • 2002
, part of what we will call Chapter 980, defines a sexually violent person as one "who has been convicted of a sexually violent offense . . . and who is dangerous because he or she suffers from a mental ...
Case • 2002
that, when the defendants implemented the new regulations, they had no idea how many visitors would be affected by them, or what the effect would be on visitors and inmates. See id. at 821. In light ...
Case • 2003
in the unauthorized practice of law requires us to examine, as a preliminary matter, what constitutes the practice of law. n10 In Illinois, [**15] the practice of law includes, at a minimum, representation provided ...
Case • 2003
. The common knowledge exception applies if what is alleged to have occurred in the officer's conduct is so obviously lacking in reasonable care and conduct and the conduct is so negligent that the malicious ...
Case • 2002
by, and Concepcion responded by asking, "What's your problem?" App. at A112-13. Concepcion claims that the two men then started swinging at each other simultaneously. [21] According to Concepcion, he ...
Case • 2005
imprisoned or restrained.' Id. at 318. When, as here, the statutory terms are plain and unambiguous we assume the legislature meant exactly what it said and decline to construe the statute otherwise.*fn3 See ...
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