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Case • 1996
with active TB are placed in "respiratory isolation"; that is, these inmates do not share a common breathing space with persons who do not have active TB. [22] This case is about what happened to inmates who ...
Case • 1995
are unacquainted with the past history of these cases, and see their confinement problems [**4] as new matters. Finality in these cases is, accordingly, elusive -- even though it is highly desired. What is striking ...
Case • 1995
the jury did not know what part of Littles' testimony would be relevant. J.A. at 1051. See Epley, 579 F.2d at 579. Furthermore, to guard against the dangers of undue emphasis and context, the court gave ...
Case • 1995
of what occurred at these work release centers was irrelevant. Klinger I, 824 F. Supp. at 1418. In order to understand the issues [**4] that now confront me, it is necessary to have a clear understanding ...
Case • 1996
to the property room of the [Special Housing Unit] to inventory your personal property. At that time, you requested that a great deal of what you referred to as "excess paperwork" be destroyed by the officer. Your ...
Case • 1998
"in the manner provided by law." To hold that this statute permits direct purchases would be to beg the question. Thus, we must look to the specific authorization provisions to determine what manner is provided ...
Case • 1991
] Although incarceration itself represents a quintessential deprivation of liberty, lawful incarceration does not extinguish all of a prisoner's constitutionally protected liberty. Prison inmates retain what ...
Case • 1987
has exercised due diligence in serving a defendant, or, what is the equivalent inquiry, has shown good cause for missing the 120-day deadline, is a discretionary determination entrusted to the district ...
Case • 2003
.) J.R. also claims that when she called the New York State Police to inquire about her mental health arrest, a trooper responded that "well you know what we tell our children don't you? Don't do anything ...
Case • 2003
. 10; Bordanaro, 871 F.2d at 1155-63. What distinguishes "failure to train" cases, however, is that there need not be a systematic unconstitutional practice (i.e., a policy or a custom) for liability ...
Case • 2001
that there was no way that we could justify a Federal investigation on what would at best be misdemeanor level quantities." J.A. 1074. [20] Although Lincoln never formally granted permission for Michael ...
Case • 2004
56(f) affidavit, however, or said what he would need to address in discovery.) Plaintiff contends that by waiting so long, defendants have waived the defense. [25] Rule 15(a) of the Federal ...
Case • 2004
has been deprived of a protected liberty or property interest; the second step is to determine what process is due. Id. In the present case, it is undisputed that plaintiff had a protected liberty ...
Case • 1984
of a "trespasser on society." If the metaphor means what it seems to mean it has frightening implications*fn2 which my brothers would be the first to reject if put to the test. [38] It is true that persons ...
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 ...
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