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Case • 1979
constitutional guarantees because they discontinued further negotiations as to what the disputed issue of FYSK might contain. [22] We are essentially in agreement with the contentions of the Commonwealth ...
Case • 1985
the Memorandum and Order of the district court seems to suggest that the State's discretion is exercised to grant the inmate an advance "where undue hardship would ensue," that suggestion goes beyond what id found ...
Case • 1984
to absolute immunity as are these boards. See Franklin v. Shields, 569 F.2d 784, 798 (4th Cir. 1977), cert. denied, 435 U.S. 1003, 56 L. Ed. 2d 92, 98 S. Ct. 1659 (1978). What little law ...
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 • 1986
a detailed analysis of what steps need to be taken to correct the identified deficiencies in understaffing, overcrowding, sanitation, security, fire safety and health care, it left to defendants the task ...
Case • 1983
not deprive the prisoner of liberty within the meaning of the due process clause, might be thought to put Caldwell out of court -- for what difference does it make whether a prisoner is transferred to a more ...
Case • 1972
distinctions as may survive analysis under the Equal Protection Clause. [ 405 U.S. Page 325] What petitioner's basic claim amounts to is that because prison facilities are provided for denominational ...
Case • 2002
[violated are] sufficiently clear that a reasonable official would understand that what he is doing violates [*617] that right[.]'" Solis v. Prince George's County, 153 F. Supp. 2d 793, 800 (D. Md. 2001 ...
Case • 2001
F. Supp. 1200, 1207-08 (D. Minn. 1997). At least one of those procedures, however, was not properly followed. From what can be determined from this limited record, it appears Defendant's lay advocate ...
Case • 1989
to him by inspecting or removing the hard covers. [36] In Kincaid, supra, the Seventh Circuit dealt with a somewhat different problem. The sheriff was more concerned with what inmates did ...
Case • 2003
the defendants). [34] California's view of prevailing-party attorneys' fees in the wake of Buckhannon may also be affected by what appears to be a tradition of California courts to construe the attorneys ...
Case • 2003
begin our explanation of that conclusion with a brief review of the evidence of what occurred. [38] Appellant testified that he was subjected to examinations that met the district court's definition ...
Case • 2000
" videocassette recorder. (Tr. pp. 292-94). As part of this procedure, Schmidt edited the tape using his "judgment" about what portions of the tape the correctional facility would need in the event ...
Case • 2000
in a "regular" videocassette recorder. (Tr. pp. 292-94). As part of this procedure, Schmidt edited the tape using his "judgment" about what portions of the tape the correctional facility would need in the event ...
Case • 2005
a subsequent federal suit. See Pozo, 286 F.3d at 1024 ("Failure to do what the state requires bars, and does not just postpone, suit under § 1983."). To hold otherwise, according to the Seventh Circuit, would ...
Case • 2004
in which he noted, "[t]he wall is missing tiles and this surface is what caused the cut to her right hand" (Ex. 35). When asked about the condition of the floor, he stated, "[j]ust damp floor, nothing ...
Case • 2005
constitutional right"-and, in such a posture, the government's argument might well prevail. But here, where Antelope is on the defensive, Fifth Amendment case law offers him protection beyond what the Chavez ...
Case • 2004
were accused of excessive force in the same incident. The court agrees with Plaintiff that the claims against both "involve[d] a common core of facts," that is, what happened in Plaintiff's cell ...
Case • 2004
of the Department of Corrections and the Department of Health noted the increase in HCV-infected inmates and asked Dr. Rost to develop a protocol that would determine, in Dr. Rost's words, "what the criteria should ...
Case • 2002
applied to individual employees, this standard is an objective one; it considers not only what the policymaker actually knew, but what he should have known, given the facts and circumstances surrounding ...
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