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Case • 1995
. The objective component of the excessive force inquiry "draws[s] its meaning from the evolving standards of decency that mark the progress of a maturing society." Hudson v. McMillan, 503 U.S. at 8 (quoting Rhodes ...
Case • 1992
a motion to dismiss the complaint for failure to state a claim, pursuant to Rule 12(b)(6), Federal Rules of Civil Procedure, and, along with it, the action in its entirety. The motion will be denied. I ...
Case • 1992
, 75 L. Ed. 2d 425 (1983), issuance of such a writ is appropriate where, as here, a lower court has exceeded its jurisdiction. See People of the Territory of Guam v. District Court of Guam, 641 F.2d 816 ...
Case • 2002
as a result of the registration requirement. See Steele v. Hamilton Cty. Community Mental Health Bd. (2000), 90 Ohio St.3d 176, 181, 736 N.E.2d 10. Although due process is " `flexible and calls ...
Case • 2002
health or safety. See Street, 102 F.3d at 814 (citing Farmer, 511 U.S. at 834). Thus, Morgan is only liable under the Eighth Amendment if there was a substantial risk of serious harm to the plaintiff ...
Case • 2003
.3d at 742 (quoting Brown v. Bargery, 207 F.3d 863, 867 (6th Cir. 2000)). In other words, Plaintiff must show that Defendants knew of and disregarded an excessive risk to Mr. Tarzwell's health or safety ...
Case • 1998
in maintaining its defense; (3) that party must or should have known that, but for a mistake concerning identity, the action would have been brought against it; and (4) the second and third requirements must have ...
Case • 2001
at the New Haven Correctional Center submitted a request to the DOC Managed Health Care Utilization Review Committee ("URC") seeking authorization for closure of the plaintiff's colostomy. The URC denied ...
Case • 2009
pounds. During 1999, he visited the Health Care Unit (HCU) at Menard at least once a month, sometimes as often as three times a week. He was prescribed painkillers and physical therapy. He was given ...
Case • 2000
health benefits for his family. He suffered financial strain, including the repossession of two automobiles, and a substantial curtailment of his childrens' activities. Since Ross' damage award was $50,000 ...
Case • 2001
). Finally, Plaintiff contends that his [*469] health deteriorated during this time period, which his doctor determined was likely the result of work related stress. ( D.I. 67, Tab 6 P 10). In February ...
Article • April 15, 2014 • from PLN April, 2014
Filed under: News in Brief
Cookson, though there was no honeymoon. Desbrow intends to appeal his murder conviction. Canada: Canada’s most notorious prison, Kingston Penitentiary, officially closed its doors on September 30 ...
Article • July 15, 2013 • from PLN July, 2013
Filed under: News, News in Brief
, which rents the majority of its bed space to the federal government. A chair was used during the assault on guards Jesse P. Kipka and Jesse J. Overlie, and Kipka suffered a concussion when he was hit ...
of County Commissioners of Oklahoma refused to cover the legal expenses of defending against the federal lawsuit, requiring CCFA to hire its own attorneys. See: Blueberry v. Comanche County Facilities ...
Brief • July 21, 2008
conditions of confinement. Plaintiffs state generally that the women prisoners' health has deteriorated, that they have been deprived of psychiatric and medical care, and have been denied lightful legal access ...
Brief
Jail. 22. Plaintiffs have been denied access to sufficient quantities of items necessary to perform and address basic health and sanitary needs. 21. Plaintiffs have regularly been subjected to body ...
Brief • February 14, 2013
the district court below found that one factual issue—the Defendants’ subjective awareness that Burton was still in pain after taking the ibuprofen—was genuinely disputed, its “determination that fact issues ...
Brief • 2008
. The Defendants owed Plaintiff a duty to act reasonably towards Plaintiff in preserving his health and safety during the course of his confinement at Letcher County Jail. 41. The Defendants, negligently ...
Brief • August 15, 2001
for alleged deprivations of civil liberties. official Neither a State, capacities, are nor its officials acting in their "persons" under § 1983. will v. Michigan Department of State Police, 491 U.S ...
Brief • 2005
){under the Eighth Amendment an inmate is not entitledto the care of his or her choice). Rather, an inmate need .only receive treatment which is reasonably designed to meet the routine and emergency health ...
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