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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 • 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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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