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Winniczek v. Nagelberg-400 F.3d 503 (7th Cir. 2005).

Case • 2005

, which is for breach of contract or, what need not be distinguished in this case (for all that is important is that the Winniczeks are complaining only about an overcharge, and not about the failure ...

Elwood v. Jeter-386 F.3d 842 (8th Cir. 2004).

Case • 2004

Placement Policies At the time Elwood pled guilty, the BOP had a policy of allowing prisoners to serve their last six months of incarceration in a CCC regardless of what percent of the [**3] sentence ...

Abdur' Rahman v. Bredesen-S.W.3d --, 2005 WL 2615801 (Tenn.)

Case • 2005

injection protocol in Tennessee was adopted based entirely on what has been done in the past without difficulty in other jurisdictions with very few, if any, modifications. Nonetheless, we recognize that what ...

In re Kinnamon-133 Cal. App. 4th 316, 34 Cal. Rptr. 3d 802 (2005)

Case • 2005

used, giving them their usual and ordinary meaning. [Citation.] 'If there is no ambiguity in the language of the statute, "then the Legislature is presumed to have meant what it said, and the plain ...

Ex Parte Millard-48 S.W.3d 190 (Tex.Crim.App. 2001)

Case • 2001

of the method used to calculate parole eligibility. Id. at 266. [33] After considering what meaning should be placed on "ceased to operate," we held that it means the point at which the Board of Pardons ...

Goad v. Florida Department of Corrections-845 So.2d 880 (Fla. 2003)

Case • 2003

the clearest proof' will suffice to override legislative intent and transform what has been denominated a civil remedy into a criminal penalty"). We find that Goad has failed to present the proof necessary ...

Martinez v. Stanford-323 F.3d 1178 (9th Cir. 2003)

Case • 2003

cellmate attempted to block entry of the noxious gas by covering the opening of their cell with a bed sheet. [18] Almost all of what happened next is disputed. According to the officers, Martinez ...

Farmer v. Perrill-288 F.3d 1254 (10th Cir. 2002)

Case • 2002

that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, but it is to say ...

Nichols v. Hopper-173 F.3d 820 (11th Cir. 1999)

Case • 1999

and Congress does not have "the power to determine what constitutes a constitutional violation." City of Boerne v. Flores, 521 U.S. 507, 117 S.Ct. 2157, 2164, 138 L.Ed.2d 624 (1997). The applicable law, however ...

Latiolais v. Whitley-93 F.3d 205 (5th Cir. 1996)

Case • 1996

] In the ordinary case, it is up to the defendants and their counsel, subject to the rules of evidence, to determine what evidence to present and when to rest their case. In this case, however, where neither ...

Sepulveda v. Ramirez-967 F.2d 1413 (9th Cir. 1992)

Case • 1992

that what he is doing violates that right. . . . In the light of pre-existing law the unlawfulness must be apparent." Id. at 640. Thus, in Anderson, while it was manifest that the right to be free from ...

Bingman v. Ward-100 F.3d 653 (9th Cir. 1996)

Case • 1996

any less jealously than Congress did. [42] Conclusion [43] We hold that § 636(e) means what it says. When a magistrate Judge is faced with a criminal contempt, he must certify the facts ...

Cornett v. Donovan-51 F.3d 894 (9th CIr. 1995)

Case • 1995

, and types of relief available." Bounds, 430 U.S. at 825, 97 S. Ct. at 1497. Further, the lawyer "must know what the law is in order to determine whether a colorable claim exists, and if so, what facts ...

Goff v. Nix-113 F.3d 887 (8th Cir. 1997)

Case • 1997

to the cell of a jailhouse lawyer shortly before he is transferred to ask what legal papers should remain, determine to whom they belong (by scanning them briefly), and ensure the return of the documents ...

LaBounty v. Coughlin-137 F.3d 68 (2nd Cir. 1998)

Case • 1998

official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640 (1987). Where a right is clearly established, "the defendants may nonetheless establish immunity ...

Finley v. Trent-955 F. Supp. 642 (ND W VA 1997)

Case • 1997

); Taylor v. Waters, 81 F.3d 429, 433 (4th Cir. 1996). The contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. Winfield v ...

Velazquez-Martinez v. Colon-961 F. Supp. 362 (D PR 1997)

Case • 1997

' failure to detail what steps defendants may have taken to remedy the situation. Here, the nonfunctioning locks and the sparsely-guarded wards were specific security elements that Soto-Torres could have ...

Johnson v. Meltzer-134 F.3d 1393 (9th Cir. 1998)

Case • 1998

Excerpts of Record at 97-98. [52] [9] Johnson has failed to present any evidence to contradict Officer Herrera's account of what happened when Herrera took Johnson's photograph and fingerprints. Therefore ...

Yang v. City of Chicago-137 F.3d 522 (7th Cir. 1998)

Case • 1998

than two full city blocks until two men on the side-walk saw what was happening and ran out to the street to stop the police car. Yang let go when the car stopped. Officer Brown then got out of the car ...

Oliver v. Falla-258 F.3d 1277 (11th Cir. 2001)

Case • 2001

"didn't have to do that ... [t]hat man ain't going to do nothing to him." [R. Vol. 6, p. 360]. Falla overheard Oliver's comment and approached the cell and asked Oliver what he said. Oliver responded, "You ...