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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Case • 1993
or be shot with the stun gun. Deputy Martens testified that Hickey understood the harsh consequences if he did not follow the order to sweep his cell and that "even Inmate Hickey could figure out what ...
Case • 1992
] In response, appellees state that they do not claim that they have a right to unlimited possession of property. They acknowledge that ADOC has the right to determine what amount of property inmates may have ...
Case • 1999
not review in this connection the district court's assessment of what facts are established by or inferable from the evidence. Nor do we have jurisdiction to review the district court's grant of Palmer's ...
Case • 1999
sentence was imposed. (emphasis added). [31] As a rule, a definition which declares what a term means is binding, National City Lines, Inc. v. LLC Corp ., 687 F.2d 1122 (8th Cir. 1982 ...
Case • 1993
and for what purposes they may be spent within the confines of the prison. 15% of all compensation received by inmates for Prison Industries work is applied to an inmate's release account until the account ...
Case • 1991
physician" at the Haymarket Correctional Facility at the time, although the record does not establish whether Mathis was the person actually contacted by the treating physician. What is undisputed ...
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