what - Search | Prison Legal News

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 ...

Shannon v. New York City Transit Auth.-189 F.Supp.2d 55 (S.D.N.Y. 2002)

Case • 2002

chose to resign. Crisci and the union representative tried to figure out "what they could do as far as Mr. Shannon's situation was concerned." Shannon does not specifically recall whether he spoke ...

California Department of Corrections v. California State Personnel Board-147 Cal. App. 4th 797, 54 Cal. Rptr. 3d 665 (Cal. App. 5th Dist. 2007)

Case • 2007

of the judge is simply to ascertain and declare what is ? contained therein, not to insert what has been omitted, or to omit what has been inserted; ?? [Citation.] Legislative intent will be determined so far ...

CACI International v. St. Paul Fire and Marine Insurance Company-566 F.3d 150 (4th Cir. 2009)

Case • 2009

Corners Rule, the district court noted that few courts have discussed what evidence is "intrinsic" to the complaint and may be considered along with it. The court therefore compared the Eight Corners Rule ...

Conservatorship of Edde-173 Cal. App. 4th 883, 93 Cal. Rptr. 3d 266 (5th Dist. 2009)

Case • 2009

Code section 1026 or 1368 is a result of the state's interest in protecting the public, requiring relatives of these individuals to pay the cost of what is a state obligation creates a class of people ...

Townsend v. Knowles-562 F. 3d 1200 (9th Cir. 2009)

Case • 2009

of timeliness does not apply to non-capital cases. See id. at 751. In King, this court noted that in Clark the California Supreme Court provided no [*1208] standards for determining what constitutes ...

In re Det. of Martin-163 Wn.2d 501, 182 P.3d 951 (2008)

Case • 2008

or charged or the attorney general if requested by the prosecuting attorney? 5 cannot be interpreted to mean anything but exactly what it says. It exclusively authorizes a specific county prosecutor ...