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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 ...

State v. Cavan-337 Ore. 433, 98 P.3d 381 (2004).

Case • 2004

not conclusively indicate what the framers meant when they stated that "the accused shall have the right to public trial by an impartial jury[.]" Although the words "impartial jury" may seem to have a self-evident ...

Taylor v. Burnett-105 F.Supp.2d 483 (ED VA 2000)

Case • 2000

of inadequate treatment of HIV or AIDS must be analyzed with respect to all the surrounding facts and circumstances. Few circuit courts have addressed the issue of what precise level of medical care is necessary ...

Burgess v. Lowery-201 F.3d 942 (7th Cir. 2000)

Case • 2000

, 640 (1987), that "the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." The relevant sources of law from which ...

Auge v. New Jersey-327 N.J.Super. 256, 743 A.2d 315 (2000)

Case • 2000

the statutory scheme [is] so punitive either in purpose or effect,' as to 'transfor[m] what was clearly intended as a civil remedy into a criminal penalty.'" Ibid. (quoting Ward, supra, 448 U.S. at 248- 49, 100 S ...

Yeskey v. Pennsylvania-76 F.Supp.2d 572 (MDPA 1999)

Case • 1999

whether a disability exists, what constitutes a major life activity should not be decided on a case-by-case basis as it relates to a particular plaintiff; to do so would lessen the burden of showing ...

Mitchell v. Brown & Williamson Tobacco Corp.-294 F.3d 1309 (11th Cir. 2002)

Case • 2002

the language Congress chose to express its intent is clear and unambiguous, that is as far as we go to ascertain its intent because we must presume that Congress said what it meant and meant what it said ...