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Brief • July 14, 2008
or may not have exceeded what was constitutionally required. But because 20 defendants had not yet moved to terminate, they were still under the obligation to abide by it. 21 Two months later, an order ...
Brief • March 25, 2016
that this matter is one that falls under Chapter 17A, the Code of Iowa, as it is not agency action. The Iowa Department of Corrections further asserts that what occurred was not a contested case under Section 17A.12 ...
Brief • December 18, 2015
, 407 (11th Cir.1989). A. Defendants’ Allegation that Grievance Was Untimely Defendants produce as their Exhibit A what purports to be a grievance by Daniels filed directly with the Office ...
Brief • December 1, 2009
Defendant Police Officer COLIN HIGGINS that she did not know anything about any drugs. 22. Defendant Police Officer COLIN HIGGINS said, in sum and substance, that he was not stupid, knows what the cigar ...
facility, and by failing to properly train or monitor the facility. See ¶¶ 270 -278. In essence what the Plaintiffs argue in all of the above claims is that these four individuals failed to oversee ...
Brief • August 17, 2012
Calculations In order to highlight what he believed was the central flaw with Fagan’s benchmark decision, Smith devised (and Purtell constructed) an alternative regression analysis based on arrest and crime ...
Brief • May 4, 2015
other things, “the factual contentions have 2 The Court recognizes that there could be a difference between what was put on a tray and what was actually “provided” to Plaintiffs. The Court’s concern ...
Brief • September 16, 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 • November 11, 2013
Filed under: Money/Property
these contracts between the Defendants and this official jail policy, Cradduck agreed with Keefe that money seized from inmates was to be involuntarily placed into a pooled “designated account.”6 This is what ...
Brief • November 30, 2015
or waived” to maintain jurisdiction over the case. Chuman v. Wright, 960 F.2d 104, 105 (9th Cir. 1992). That is exactly what the district court did here. The rationale behind the Apostol rule is easy ...
Brief • January 30, 2018
400 grams illegal. Relator seeks correction of what he characterizes as now illegal sentences pursuant to La.C.Cr.P. art. 881.5, which provides, “On motion of the state or the defendant, or on its own ...
to search the person incident to a lawful custodial arrest” is categorical—i.e., it “does not depend on what a court may later decide was the probability in a particular arrest situation that weapons ...
Brief • February 16, 2018
asked Gardner what he would do if “Mr. Davidson lies about something that you have knowledge he lied about because you had the skinny on his background or his involvement or whatever from your ...
Brief • February 29, 2016
Filed under: PLN Litigation, Censorship
a handwritten note stating: “Refused.” The plaintiff does not know how or in what manner the defendants disposed of the other two copies of Prisoners’ Handbook. On information and belief, these books were never ...
there is no specific allegation of specific knowledge.” Id. at 378. The court stated that the information about “who observed [J.M.V.] day to day and what reports” existed were “what ought to be discovered in this case ...
had not been paid. b. On or about January 27, 2015, at approximately 1:31 p.m., HUBERFELD placed a call to CC-1. During the call, HUBERFELD told CC-1 "what are we doing about speaking about gelt," which ...
Wallace told them, "I should not have a celly and ya'II [meaning the c/o's] know this." (Doc. l, p. 4). C/O Spiller responded, "We're just doing what we are told." Id. Inmate Wallace then stepped away from ...
Brief • May 4, 2018
something,you do it no matter what." 26. On information and belief, the actions described herein are consistent with a pattern and practice of excessive force against persons detained in the Lake County ...
in time does suggest that 17 it sounds like retaliation. That’s what we frequently see in cases, link in time with respect 18 to actions and adverse actions that are taken.”)] Their 19 While ...
Brief • September 28, 2015
video recordings at the Border Patrol stations, but would inquire into what video recordings 20 Defendants actually had and how it could be produced to Plaintiffs. (Sanction Motion, 21 Mayer Decl ...
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