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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 ...
Freeman v. Berge-283 F.Supp.2d 1009 (USDC WDWI 2003)
Case • 2003
disagree with defendants that plaintiff was required to put all of these allegations in one grievance. They are separate occurrences involving separate facts. What joins these allegations is a legal theory ...
Fowlkes v. Adamec-432 F.3d 90(2nd Cir. 2005)
Case • 2005
, or custody or confinement after conviction"; (2) what standard of review applies and what standard of deference, if any, is appropriate to applicable regulations or other interpretive authority of the SSA ...
Washington v. Everybodytalksabout-131 Wash.App. 227, 126 P.3d 87
Case • 2006
in violation of the Fifth Amendment. It explained that the proper inquiry is an objective one, focusing on what the state agent knows or ought to know will be the result of his words or acts.*fn26 It held ...
Brown v. Harris-240 F.3d 383 (4th Cir. 2001)
Case • 2001
by immediately placing Brown on "medical watch," which established constant video surveillance of Brown's cell. Although Ogden failed to place him in a paper gown or have him examined by "medical" -- which is what ...
Slakan v. Porter-737 F.2d 368 (4th Cir. 1984).
Case • 1984
to situations in which the inmate posed a threat to himself or others. Slakan's case against Secretary Reed focused principally on his failure to enact regulations specifying when and under what circumstances ...
Chandler v. Baird-926 F.2d 1057 (11th Cir. 1991)
Case • 1991
disciplinary proceedings, if applicable, as outlined in the above section." What this seems to indicate is that if, following the imposition of administrative confinement, an investigation leads to the levying ...
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