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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 ...
, but not hard. McCellan was not charged. Two other prisoners, Tracy Price and Kerry Porter, also told jurors what they saw. Price said Barnes' foot was moving on Reynolds' head "like putting out ...
Case • 1977
a "substantial part" in the decision of the Board not to renew Doyle's employment, he was entitled to reinstatement with backpay. App. to Pet. for Cert. 12a-13a. The District Court did not expressly state what ...
Case • 2002
a statute is plain and unambiguous, the court must give effect to the legislature's intent as expressed in the language of the statute, rather than determine what the law should be. It is presumed ...
Case • 1984
[that] what they were doing was within the scope of their appointment." This is the first time the question of good faith immunity was even arguably raised. [25] The plaintiffs testified and presented ...
Case • 2003
to prove his claims under the incorrectly identified amendments. n1 See Def.'s Reply at 2 ("Regardless of what the plaintiff states ... concerning allegations of his alleged illegal seizure ...
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