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Brief • June 20, 2011
to qualified immunity, and the district court has discretion to determine in what order to address each part. Pearson v. Callahan, 129 S. Ct. 808, 818 (2009). The Court must determine “whether [the] plaintiff’s ...
Brief • September 9, 2015
with their signatures that the visit had occurred as stated. 22. After Ms. Hendley directed Plaintiff to assume responsibility for Mr. Arteaga’s offender monitoring visits, Plaintiff began to look into what Mr. Arteaga ...
Brief • October 26, 2011
by these defendants not for the proper purpose of fairly and evenhandedly investigating what was, at best, a minor criminal violation, but rather to frighten, harass and intimidate 13 Case 3:09-cv-01436-JBA Document ...
Brief • 2011
with his 15 hands together and asked John Doe III for help, John Doe III mocked Julio, shouting 16 “What’s the matter, you can’t find it?” 17 34. After he returned from the bathroom, Plaintiff Julio ...
Brief • 2011
in what is 13 known as the "isolation cell" - 14 destructive behavior. 15 a cell designed to prevent all means of self-harming or In addition to the five full-step BMPs, Plaintiff has twice been ...
Brief • 1999
. Riches wanted to think about whether to 8 report Appellant. 9 Correctional Lieutenant Mike Obenland. In the meantime, CO Ostrem reported what Ms. Riches had told him to 10 11 3.13 Lt. Obenland ...
Brief • 2009
, and to what degree, a particular record is covered by an exemption is a question of law. See Trentadue, 501 F.3d at 1226. When an agency withholds documents under an exemption, the district courts have ...
Brief • 2013
Police Officer MUNAWAR asked Plaintiff at what stop he had gotten on the train. 14. Plaintiff responded that he had gotten on the train at Chauncey Street. 4 Case 1:13-cv-00708-LAK Document 1 15 ...
Brief • 2008
“The Constitution requires a distinction between what is truly national and what is truly local. . . . The regulation and punishment of intrastate violence that is not directed at the instrumentalities, channels ...
Brief • 2009
and is the least restrictive means of furthering that interest. 42 U.S.C. Sec. 2000cc-l (2007). 22 23 24 Petitioner's First Amendment rights are reviewed under a "rational basis" constitutional scrutiny in what ...
Brief • 2007
is a meritless enterprise that cannot rescue defendants from the unavoidable conclusion, as a matter oflaw, that the Jail Improvement Act means exactly what it says and requires affirmative measures on defendants ...
Brief • 2004
tried to get back to the library but it was closed, so he went back to his cell. NGlJYLl\ advised that ",;hen the riot began he stayed in his cell with his cellmate SE.A~N SWA1~SON. NGlTYEN advised what ...
Brief • 2011
window. Thus, over the course of his nearly 30 months at MSP, Plaintiff has been 12 on an active BMP for approximately 25 days, only 4 days of which were in what is 13 Imown as the "isolation cell ...
Brief • 2010
major legal sources of jurisprudence in Islam are the Quran and the Sunnah. The Sunnah may confirm what is mentioned in Quran, interpret and explain it, specify what is meant by some general verses, limit ...
Brief • 2005
are as follows: 1. Refrain from taking the life of Sentient Beings; 2. Refrain trom speaking what is not true; 3. Retrain Ii-om taking what is not offered; 4. Refrain Ii-om sexual misconduct; 5. Refrain Ii-om ...
Brief • September 9, 2011
discretion to censor and exclude soft-cover books, even those sent directly from the publisher, without providing any guidelines, standards or criteria for determining what is acceptable or "unacceptable ...
Brief • 2012
) and “his alleged leadership . . . [and] his ability to lead the other inmates and control what they can do with the outside. . . . [H]is ability to control and influence people.”9 The Government also ...
Brief • 2005
the custodian to show that denial of access was proper. The question then becomes, what is the nature and extent of that burden? The statutory language could be construed to support the conclusion ...
Brief • 2008
arrange to pick up the prisoner from the holding facility, and would themselves make all decisions on how to deliver the prisoner to Park County. Examples of decisions they would make included what routes ...
Brief • 1998
in the Second Amended Complaint, SAC ¶ 69 [“Defendant Hill conspired with other members of the Shooting Review Board to ratify and condone what he knew was the unlawful and unjustifiable killing of Preston Tate ...
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