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Davidson v. Coughlin-914 F. Supp. 1011 (SD NY 1996)

Case • 1996

of cruel and unusual punishment. The state need not treat these conditions at a level that "exceeds what the average reasonable person would expect or avail herself of in life outside the prison walls ...

Rivera v. Senkowski-62 F.3d 80 (2nd Cir. 1995)

Case • 1995

Welch what to do in response to Rivera's inquiries, Welch told him not to take any action. While Rivera faults defendant (but not appellant) "John Doe" in OCM for this miscue, he does not allege that any ...

Cowsen-El v. U.S. Department of Justice-826 F.Supp 532 (DC DC 1992)

Case • 1992

. See id., Exhibit J. Specifically, the BOP released thirteen pages of medical records and withheld the remaining twelve pages, containing what it terms "diagnostic, evaluation and subjective impressions ...

Cooper v. Sheriff, Lubbock County, Texas-929 F.2d 1078 (5th Cir. 1991)

Case • 1991

that the regulations do not specify what consequences would follow from his failure to comply. He asserts that the jail guards made an "on the spot disciplinary decision" by refusing to feed him. Despite ...

Blumel v. Mylander-919 F. Supp. 423 (MD FL 1996)

Case • 1996

" that "will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it [*426] rests." Conley, 355 U.S. at 47 (quoting Fed. R. Civ. P. 8(a) (2)). In deciding a motion to dismiss ...

Rayes v. Johnson-969 F.2d 700 (8th Cir. 1992)

Case • 1992

stating what contraband had been removed from a prisoner's cell during a "shakedown" -- but apparently believed that he was prevented from obtaining them by Neb. Rev. Stat. § 83-178(2) (1987), which ...

Macguire v. Coughlin-901 F. Supp. 101 (ND NY 1995)

Case • 1995

interest. What is more, plaintiff never alleges, and there is no evidence to suggest, that he had exercised any constitutional rights in retaliation for which defendants might have acted. Summary judgment ...

Scott v. Mississippi DOC-961 F.2d 77 (5th Cir. 1992)

Case • 1992

to speculate that the ripple effect would not be great, the factor allows prison officials the opportunity to show what impact accommodating the prisoners' religious principles might have on their prisons.*fn17 ...

Martin v. Bissonette-118 F.3d 871 (1st Cir. 1997)

Case • 1997

. The Commonwealth called Rose as a witness in its case in chief. She stated repeatedly that she did not see (or, at least, could not recall) much of what had transpired on the evening in question. The prosecutor told ...

Canell v. Lightner-143 F.3d 1210 (9th Cir. 1998)

Case • 1998

body to qualify as state sponsorship of religion. Our decision in American Jewish Congress v. City of Beverly Hills, 90 F.3d 379 (9th Cir. 1996), however, offers guidance as to what constitutes a state ...

Luong v. Hatt-979 F. Supp. 481 (ND TX 1997)

Case • 1997

., the injury was a sore bruised ear which lasted for about 3 days. The Court found it to be a de minimis injury. In Horton v. Cockrell, 70 F.3d at 410, there is no discussion of what the quantum of the injury ...

Zehner v. Trigg-133 F.3d 459 (7th Cir. 1997)

Case • 1997

is constitutionally required, and it would be odd to conclude that Congress may not take away by statute what it has given by statute. See 952 F. Supp. at 1330. Moreover, Congress enacted sec. 1983 pursuant to its ...

McPherson v. Coombe-174 F.3d 276 (2nd Cir. 1999)

Case • 1999

therefore "establish[ed] a genuine issue as to a material fact" in accordance with Rule 56. [33] While this makes clear that McPherson had some awareness as to what summary judgment entails, we ...

Hicks v. Brooks-28 F.Supp.2d 1268 (D Colo 1998)

Case • 1998

5162.02 for use by its officers and employees in determining what constitutes a "crime of violence." In section 9 of Program Statement 5162.02, the BOP provides that a conviction, like Mr. Hicks ...

Smith v. Brenoettsy-158 F.3d 908 (5th Cir. 1998)

Case • 1998

-worker Lt. Griffin, after hearing what I had to say, Lt. Griffin, said to me it was between Lt. Brenocesty (sic) and me to work-out." Both letters concluded with a plea for Whitley to investigate ...

Kilgo v. Ricks-983 F.2d 189 (11th Cir. 1993)

Case • 1993

noted that the pretrial orders it had requested were long overdue. These orders were part of the packet Kilgo had returned to the court on March 21, 1990, with the notation that he did not understand what ...

Kimberlin v. Quinlan-6 F.3d 789 (DC Cir. 1993)

Case • 1993

introduces into the law of this circuit. [33] I dissent. IN AGREEMENT FOOTNOTES [34] 1 Although our "direct evidence" rule is a variation on what is often referred to as a "heightened pleading ...

Cooper v. Noble-33 F.3rd 540 (5th Cir. 1994)

Case • 1994

that "modification of a consent decree may [also] be warranted when the statutory or decisional law has changed to make legal what the decree was designed to prevent." Rufo, 502 U.S. at , 112 S. Ct. at 762. However ...

Bradley v. Hall-64 F.3d 1276 (9th Cir. 1995)

Case • 1995

of a grievance and "hostile, . . . [or] abusive" language exists, it is a hazy one, leaving the aggrieved prisoner guessing whether he will be punished for what he has said in his formal prison complaint ...

People v. Thomas-90 Cal.rptr.2d 642 (CAI. 1999)

Case • 1999

] A. Applicability Of Three Strikes Law To Presentence Conduct Credits [17] In general, a defendant receives what are commonly known as conduct credits toward his term of imprisonment for good behavior ...