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Case • 1996
, 115 S. Ct. 2293 (1995). [**9] The Requirements of Due Process Concluding that a prisoner has a liberty interest in parole decisions, the Court must still consider what process is due. To answer ...
Case • 1993
, Deputy Sigfrinius repeated the name, Akbar Abdullah, back and forth. Rosenbloom muttered, "What a bunch of assholes." Sigfrinius heard the remark, told Flygare that Rosenbloom had called him an asshole ...
Case • 1995
of greater punishment. In the wake of Collins, that question is not to be answered against what disadvantage may be visited upon the plaintiff class through elimination of the opportunity for early release ...
Case • 1991
. denied, 111 S. Ct. 963, 112 L. Ed. 2d 1050 (1991). This "plain meaning rule" is based on the view "that in the vast majority of its legislation Congress does mean what it says and thus the statutory ...
Case • 1995
Search On November 9, 1989, two officers, CO White and Sgt. Smith, searched plaintiff's cell. (Cpt PP 16-18 Stinson Aff. 12) There is a dispute as to what then occurred. According to plaintiff, Sgt ...
Case • 1994
' of the right must be sufficiently clear that a reasonable official would understand [**7] that what he is doing violates that right. . . . In light of the preexisting law the unlawfulness must be apparent." Id ...
Case • 1994
and contact the U.S. Attorney General Civil Rights Division if plaintiff "comes up dead." The committee also objected to plaintiff's statement in the letter asking his brother not to tell their mother what he ...
Case • 1997
that Giltner call Richards to testify as to how "he came up with this information I was extorting people and . . . what I was extorting . . . stuff like that." Joint Appendix on Appeal at 146. Giltner declined ...
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 ...
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