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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 ...
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 ...
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