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Case • 1995
dispute therein involved the application of "clearly established" law to a given (for appellate purposes undisputed) set of facts, and the Court explicitly limited its holding to appeals challenging ...
Case • 1995
during his twenty-three years in prison. Upon his arrival at Mule Creek, however, Pratt was placed in a two-person cell. He claims that double-celling causes him serious health problems. Specifically, he ...
Case • 1993
to judgment as a matter of law. Fed.R.Civ.P. 56; Russo v. Health, Welfare & Pension Fund, Local 705, 984 F.2d 762 (7th Cir. 1993). A thorough discussion of Rule 56 by the Supreme court of the United States can ...
Case • 1996
and we therefore REVERSE its judgment and REMAND with instructions that the appropriate legal standard be applied. I. A. [16] This case has a long procedural history and is on appeal before ...
Case • 2001
. Sept. 20, 2000) (finding that the district court did not abuse its discretion in declining to depart based on conditions of confinement and, therefore, declining to decide whether such a departure ...
Case • 2005
request, it ends with the statement "INMATE IS CLOSE TO HAVING A NERVOUS BREAKDOWN. PLEASE HELP BEFORE IT'S TO[O] LATE." J.A. at 98. In addition to Johnson's own efforts, one or more members of Johnson's ...
Case • 2002
the bounds of its jurisdiction; (2) whether it acted according to law; (3) whether its action was arbitrary, oppressive, or unreasonable and represented its will, not its judgment; and (4) whether the evidence ...
Case • 2002
to substantiate his assertion. (Notice, Ex. A1 & A2). The health care manager who conducted the second level response, Dr. Raj Sethi, granted Brady's appeal on July 2, 1999. (Pl's Notice of Administrative Remedies ...
Case • 2001
has since changed her name to Debra Stuczynski-Sumiec. n2 In its website, Exodus House describes itself as located "one block from the business district and within walking distance of almost all church ...
Case • 2001
(b)(6) motion, the complaint must be construed in the light most favorable to the plaintiff, assuming its factual allegations to be true. See, e.g., Hishon v. King & Spalding, 467 U.S. 69, 73, 81 L. Ed ...
Case • 2001
Penitentiary and the South Dakota State Department of Corrections. He argues that the district court erred in its ruling on three of the fourteen claims he brought under 42 U.S.C. § 1983 (Supp. IV 1998 ...
Case • 2002
the Department acted within the bounds of its jurisdiction; (2) whether it acted according to law; (3) whether its action was arbitrary, oppressive, or unreasonable and represented its will, not its judgment ...
Case • 1994
to consider, in the event the Act was properly invoked, whether Freeman and Delworth could avail themselves of its protections. [16] On remand, the Attorney General's designee certified that Freeman ...
Case • 2002
Whistleblower Act's waiver of state sovereign immunity in Texas state court operates to waive Eleventh Amendment immunity in federal court. Even when a State consents to suit in its own courts, however, it may ...
Case • 2005
OPINION: [*1060] MEMORANDUM OPINION AND ORDER Defendants filed a Motion to Reconsider, Doc. 129, asking that the Court reconsider its ruling on the summary judgment motions in this case in light ...
Case • 2001
] district court, in its discretion, may allow a prevailing party in a Section 1983 action to recover attorney's fees as an element of costs. See Bonner v. Guccione, 178 F.3d 581, 597 (2d Cir. 1999 ...
Case • 2005
on medical co-pay procedures. [Administrative] [directive No.] 04.03.103[,] [']Health Care Services for Inmates[,'] states in [s]section [II(E)(6)(b)]: 'Prior to scheduling the needed services, the inmates ...
Case • 2003
, Shannon undertakes the initial burden of establishing a prima facie case of disability discrimination. Heyman v. Queens Village Comm. for Mental Health, 198 F.3d 68, 72 (2d Cir. 1999). To make out a prima ...
Case • 2008
v. Miller, 76 F3d 1446, 1456 n.6 (8thCir 1996) (providing: "According to the intracorporate conspiracy doctrine, a corporation cannot conspire with [***10] itself through its agents when the acts ...
Case • 2005
, 2001, but the hearing never took place and discovery ensued. The city had completed its revision of the confidential documents list. The list was revised in September 2001. A little over 100 documents ...
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