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Hadley v. Illinois Dept. of Corrections-362 Ill.App.3d 680, 840 N.E.2d 748 (Ill.App. 4 Dis
Case • 2005
] In some circumstances, the concept of indigence could create ambiguity. Everyone knows what "indigence" means in a general sense. But more precisely, in terms of dollars or net worth, how destitute must ...
Young v. Wall-359 F.Supp.2d 84 (D RI 2005)
Case • 2005
. To What Extent Do Prisoners Have a Property Right to Wages at Common Law and/or Under Rhode Island Law? At common law, prisoners did not maintain the same protected property rights in their wages, and any ...
Walters v. Edgar-163 F.3d 430 (7th Cir. 1998)
Case • 1998
, 419 U.S. 393, 401 (1975); Nelson v. Murphy, 44 F.3d 497, 500 (7th Cir. 1995). What would have saved the suit from dismissal had these two conditions been satisfied would not have been the principle ...
Carr v. O'Leary-167 F.3d 1124 (7th Cir. 1999)
Case • 1999
a guard opened the door to the second floor to take a look around inside, Carr asked him what he should do and the guard told him to go back to his room and wait. Eventually the guards took over the second ...
Kerr v. Farrey-95 F.3d 472 (7th Cir. 1996)
Case • 1996
similar. Quoting from the earlier decision in West Virginia Board of Education v. Barnette, 319 U.S. 624, 642 (1943), the Court held that "no official, high or petty, can prescribe what shall be orthodox ...
Spellmon-Bey v. Lynaugh-778 F. Supp. 338 (ED TX 1991)
Case • 1991
to discover whether this is the case. Without knowing what the specific security concerns facing the prison were in this instance, it is not feasible to determine whether, under the circumstances, the notice ...
Powell v. Coughlin-953 F. 2d 744 (2nd Cir. 1991)
Case • 1991
.), cert. denied, 454 U.S. 832 (1981). Judge Stewart also clarified what he acknowledged had been an ambiguity as to whether the preliminary injunction accorded prisoners not only the right to have ...
Ang v. Martin-154 Wash.2d 477, 114 P.3d 637 (Wash. 2005)
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 ...
Vaughn v. Willis-853 F.2d 1372 (7th Cir. 1988)
Case • 1988
. Rather than constituting reversible error, Mr. Vaughn asserts that the district court should be commended for explaining to the jury exactly what the consequence was of granting the directed verdict. He ...
Harbour v. Correctional Medical Services-702 N.W. 2d 671 (MI. App. 2005)
Case • 2005
is diminished from what it would be had the individual not consumed liquor or a controlled substance. An individual is presumed under this section to have an impaired ability to function due to the influence ...
United States v. Durham-219 F.Supp.2d 1234 (N.D.Fla. 2002)
Case • 2002
. With respect to the triggering of the device, the court should inquire as to what precautions are taken to prevent the device from accidently triggering; and what kind of training is provided to the deputy ...
Dunkin' Donuts Inc. v. Patel-174 F.Supp.2d 202 (D.N.J. 2001)
Case • 2001
, Dunkin's representative's identification of mouse feces is based upon what Defendants' employees reported to be only visual observations of feces. Second, neither of Mr. James' documents includes a list ...
Jones v. R.R. Donnelley & Sons Co.-124 S.Ct. 1836 (2004)
Case • 2004
is no less an "Act of Congress" than a new, stand-alone statute. What matters is the new rights of action and corresponding liabilities created by the enactment. Thus, a cause of action "aris[es] under an Act ...
People v. Alford-42 Cal. 4th 749; 171 P.3d 32; 68 Cal. Rptr. 3d 310 (2007)
Case • 2007
to be a "straitjacket." "Where the Legislature has not set forth in so many words what it intended, the rule of construction should not be followed blindly in complete disregard of factors that may give a clue ...
Texas v. Abbott-265 S.W.3d 697 (Tex. App.-Austin 2008)
Case • 2008
. This requirement embodies the principle that courts should generally defer to the legislature to decide whether or to what extent sovereign immunity should be waived, so as to "preserve the legislature's interest ...
Holm v. Iowa District Court-767 N.W.2d 409 (Iowa 2009)
Case • 2009
, including SOTP. Id. (emphasis added). There is virtually no difference between what is required of inmates under the language [**13] of the 2001 amendment and what is required of them under the language ...
Stockmeier v. Nev. Dep’t of Corr. Psychological Review Panel, 135 P.3d 220 (Nev. 2006)-135 P.3d 220
Case • 2006
through the ability to appeal. Without these basic adversarial procedures, a proceeding could be unfair and unreliable. [32] This is exactly what the open meeting law was enacted to prevent ...
Burkey v. Marberry-556 F.3d 142 (3rd Cir. 2008)
Case • 2008
14, 2007). The District Court did not believe it could predict what the sentencing court would do in Burkey's case, and thus it could not conclude that the relief sought likely would be granted ...
Williams v. Donald-USDC, M.D. Ga., No. 5:01-cv-292 (HL) (Dec. 4, 2007)
Case • 2007
. There is no dispute as to what authority should govern the constitutionality of Defendants' refusal to deliver Plaintiff's Internet- generated mail, and the Magistrate Judge recognized this. The undersigned agrees ...
People v. Savage-361 Ill.App.3d 750, 838 N.E.2d 247 (Ill.App. 4 Dis
Case • 2005
and did not read any of what was written on them. Once material was seized from a cell, it was put into a manila envelope with the inmate's name written on the outside. The envelopes were then signed ...
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