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State v. Hurt-107 Wn.App. 816, 27 P.3d 1276 (2001)

Case • 2001

245 (1988). In Houston, the Court noted that the federal rule for filing appeals did not define what constituted filing. Neither did the rule designate where or with whom the appeal must be filed. Id ...

Willis v. Tennessee Department of Correction-113 S.W.3d 706 (TN 2003)

Case • 2003

be analyzed with a two-part inquiry: (1) whether the interest involved can be defined as "life," "liberty" or "property" within the meaning of the Due Process Clause; and if so (2) what process is due ...

True v. Stewart-18 P.3d 707 (Ariz. 2001)

Case • 2001

Safety Commission, it has also stated that "a legislature says in a statute what it means and means in a statute what it says there. When the words of a statute are unambiguous, then, this first canon ...

Rice v. State-76 P.3d 1048 (KS App. 2003)

Case • 2003

recent memo simply clarified what part of mailroom has in enforcing the policy. Also, since it appeared some inmates were not following the policy, we gave reasonable notice of the fact that this needs ...

Searcy v. Simmons-299 F.3d 1220 (10th Cir. 2002)

Case • 2002

with a choice: take advantage of a benefit the KDOC provided or turn down that benefit in order to avoid providing what he feared, perhaps legitimately, would be self-incriminating statements. "Although ...

Noble v. Board of Parole-327 Or. 485, 964 P.2d 990 (1998)

Case • 1998

notification and the record on review did not show what actions (if any) had been taken in that regard, his claims were "premature." To the extent that the Board's concern was that petitioner's claims were too ...

Cohen v. United States-151 F.3d 1338 (11th Cir. 1998)

Case • 1998

first address whether the BOP's decisions concerning classification of prisoners and what institution to place them in "involve[] an element of judgment or choice." Gaubert, 499 U.S. at 322, 111 S. Ct ...

Denike v. Fauver-3 F.Supp.2d 540 (D NJ 1998)

Case • 1998

courts have been vested with the authority "to say what the law is" in particular cases and controversies. See Id. at 218-19 (quoting Marbury v. Madison, 5 U.S. 137, 177, 2 L. Ed. 60 (1803). This power ...

Alexander v. Hawk-159 F.3d 1323 (11th Cir. 1998)

Case • 1998

to evaluate each cause of action and each type of relief sought in each prisoner's complaint and determine whether the BOP can grant any adequate relief. This is not what the PLRA provides or what Congress ...

White v. Paulsen-997 F.Supp. 1380 (ED WA 1998)

Case • 1998

military officers by enlisted personnel because, in part, the federal constitution vests principal responsibility for military matters in Congress and the President). The determination of what international ...

Holloway v. Wittry-842 F.Supp 1193 (SD Iowa 1994)

Case • 1994

what he witnessed of the assaults on Holloway, the court rejects his testimony. Miller's inaction in the face of imminent danger to Holloway's safety by the gang assault on him can only be considered ...

Findlay v. Lewis-831 P.2d 830 (AZ App. Div. 1 1991)

Case • 1991

the Western Interstate Correctional Compact. ("Compact.") The Compact is a multistate agreement adopted by Arizona and codified as A.R.S. §§ 31-471 to -475. [17] Petitioner filed what he denominated ...

Taylor v. Bowers-966 F.2d 417 (8th Cir. 1992)

Case • 1992

that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987). [26] The burden on the section 1983 ...

Bazzetta v. McGinnis-286 F.3d 311 (6th Cir. 2002)

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 ...

Gerhardt v. Lazaroff-221 F.Supp.2d 827, 833 (S.D. Ohio 2002).

Case • 2002

, that governments may, in their effort to accommodate religion, go beyond what is minimally required of them by the Free Exercise Clause without running afoul of the Establishment Clause. Id. at 334-35, 107 S.Ct ...

Spellman v. Hopper-Case No. 95 F.Supp.2d 1267 (MD AL 1999)

Case • 1999

. The Gregory court found it significant that the policies in question were "not directed at what mail an inmate could receive, but only at when he could receive it." Gregory, 768 F.2d at 290 (disciplinary ...

Horne v. Coughlin-191 F.3d 244 (2nd Cir. 1999)

Case • 1999

, that would have been dictum; it would have had no effect on the Disposition, as the defendant would have been entitled to qualified immunity because the right was not yet clearly established. Perhaps what ...

Michigan v. Wyngaard-614 N.W.2d 143 (Mich. 2000)

Case • 2000

and purchase money was an appropriate remedy that cured the defendant's detrimental reliance. Id. at 456. [36] Gallego did not address the precise issue presented here: What remedy must be afforded under ...

Kaiser v. Sakata-40 P.3d 800 (Alaska 2002)

Case • 2002

usual function and noted that "regardless of their opinion, the parties are still allowed to go ahead with the case" and go to trial. Defendants waived the panel. Kaiser asked the court what advantage ...

Estate of Ford v. Ramirez-Palmer-301 F.3d 1043 (9th Cir. 2002)

Case • 2002

, belief about the facts or about what the law requires in any given situation. Id. at 202 (quoting Malley v. Briggs, 475 U.S. 335, 341 (1986)); see Jeffers, 267 F.3d at 909 (noting in Eighth Amendment case ...