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Case • 2001
in what is essentially solitary confinement at Florence, and that defendants are punishing him for exercising his First Amendment rights. [17] Analysis [18] The threshold issue is whether ...
Case • 2001
test for what actions meet this standard, "the Eighth Amendment 'must draw its meaning from the evolving standards of decency that mark the progress of a maturing society.' " Id. (citations omitted ...
Case • 2001
created an impression that Wieman and Hausner might have instigated the charges against Subia in retaliation for his part in their son's dismissal from employment with the DOC. What was relevant was whether ...
Case • 2003
allocated for exercise, and that he was denied a pass to go to the medical clinic and nurses' station by Sergeant Borton after returning to his cell block. Although it is unclear what course Wallin's ...
Case • 2002
involvement. (J.A. at 263.) In so doing, the court ruled that the complaint stated a policy claim against Martin in his supervisory capacity. The court further granted limited discovery as to "what the policy ...
Case • 2003
, it does not delineate what constitutes 'exhaustion.'" Hock v. Thipedeau, 245 F. Supp. 2d 451, 454 (D.C. Conn. 2003). Courts have repeatedly held that administrative remedies are exhausted through the use ...
Case • 2003
would be aware of. Even that being said, what is the reason for the belt, Richard? [28] THE BAILIFF: I had the belt on him Friday, your honor, and that was my decision because of the Defendant's ...
Case • 1997
." Moreover, the baseline for determining what is "atypical and significant" -- the "ordinary incidents of prison life" -- is ascertained by what a sentenced inmate may reasonably expect to encounter ...
Case • 1979
. It is not disputed that Johnson is keenly aware of what foods are appropriate for [**5] a diabetic, and that throughout his life he has very scrupulously attempted to eat properly and to avoid what he termed ...
Case • 2002
.2d 990, 991-92 (10th Cir. 1991) (citations omitted). "The questions of what the current applicable law is, whether that law was clearly established at the t ime the official's action occurred ...
Case • 2001
analytical equivalent, a federal diversity action governed by state law under Erie v. Tompkins principles). By contrast, what is posed here is the effect of a prior federal-question judgment of dismissal ...
Case • 2002
party." [14] As with any summary judgment motion, this Court accepts nonmovant Knox's version of any disputed facts, but only so long as it is supported by record evidence. What follows ...
Case • 1988
Cal. Rptr. 343, 545 P.2d 255, 76 A.L.R.3d 571]; In re Anderson (1951) 107 Cal. App. 2d 670, 671-674 [237 P.2d 720].) What has been stated with respect to the last circumstance would logically be equally ...
Case • 1975
of their crimes. It knows long before the superintendent of the penal institution does, what they have done and how they have lived. [24] Such institutions have been visited by this court and it realizes ...
Case • 1990
, calculating the number of hours, and reducing the award by fifty percent to reflect what the court viewed as "the limited success of plaintiff in the overall litigation." Id. at 378. Bee, who was involuntarily ...
Case • 2002
questions by the attorney regarding his case beyond what he had filed in the original claim, and he had not received any of the court documents he had requested. The magistrate judge denied Taylor's motion ...
Case • 2003
court never should have ruled on the fee petitions in the first place. What should have happened instead, however, is a more complicated question. [17] We enforce the terms of settlement agreements ...
Case • 2003
, it does not delineate what constitutes 'exhaustion.'" Hock v. Thipedeau, 245 F. Supp. 2d 451, 454 (D.C. Conn. 2003). Courts have repeatedly held that administrative remedies are exhausted through the use ...
Case • 1985
materially impeded use of the minimal tools for defense preparation which the trial court tried to ensure. [24] The state offers no justification, such as cost or security exigencies, for what occurred ...
Case • 1981
or exceeded what was necessary for attaining such a goal." Putman v. Gerloff, supra, 639 F.2d at 420 (footnote omitted) (emphasis added). See also Bell v. Wolfish, supra, 441 U.S. at 539 n.20, 99 S. Ct. at 1874 ...
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