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Case • 1991
that what he or she is doing violates that right. Anderson v. Creighton, 483 U.S. 635, 639, 107 S.Ct. 3034, 3038, 97 L.Ed.2d 523 (1987). In support of their claim of qualified immunity, defendants contend ...
Case • 1995
that Regel stated: "I know you know that we Security people stick together like you prisoners, didn't Sergeant Daigrepont tell you he gets what he wants?"; and Palermo added "This will make sure we don't see ...
Case • 1994
document in the federal court action submitted to us, that tells us what Smith claimed as the reason for the claimed retaliation. It could have been any number of reasons other than to interfere with his ...
Case • 1993
S. Ct. 3034 (1987). [27] We have taken a broad view of what constitutes "clearly established law" for the purpose of qualified immunity, requiring some but not precise factual correspondence ...
Case • 1987
commitment of scarce funds serves "substantial governmental interest in 'preventing prisoners from running up what are essentially uncollectible debts'") (quoting Matter of Milburn v. McNiff, 91 A.D.2d 1024 ...
Case • 2003
directive." When a staff [ Page 3] [13] member asked a question about what to do, Tanczyn simply pointed to the Policy Directive and told them to do the job "like the policy says." Tanczyn admits ...
Case • 2003
always agreed to comply, at least temporarily. Id. One time, during one of their informal meetings called as a result of plaintiff's behavior, defendant Feild told plaintiff that he would be issued what ...
Case • 2002
conduct may have "reflect[ed] indifference to [the officer's] record, . . . what is required is deliberate indifference to a plaintiff's constitutional right." Id. at 414-15. [27] Bryan County ...
Case • 2004
the indictment. Id. We concluded that the instruction did not constructively amend the indictment because the evidence produced at trial addressed only what was charged in the indictment. Id. at 1175. Because ...
Case • 1969
of our place. [33] Q. What emphasis, what provision is made to accommodate religious programs? [34] A. There is religious programs that are on both of these channels and more so on Sunday ...
Case • 1987
commitment of scarce funds serves "substantial governmental interest in 'preventing prisoners from running up what are essentially uncollectible debts'") (quoting Matter of Milburn v. McNiff, 91 A.D.2d 1024 ...
Case • 2004
] After Montez filed the complaint, the United States filed a motion to dismiss or, in the alternative, for summary judgment. The district court granted the motion, reasoning that "the decision as to what ...
Case • 1992
contains questions such as, "Are you ill" and "If so, what's wrong" - was left blank, with the notation "unable to answer" written across it in large letters. [19] Bryant was transported ...
Case • 1987
that "to protect the inmates' procedural due process [**17] rights," prison officials were to implement what the district court termed "additional procedures." Id. at 25-26. The district court ordered prison ...
Case • 2006
"is the appropriate standard by which to determine what type of action is sufficiently adverse to be cognizable in a retaliation claim under § 1983." Thaddeus-X v. Blatter, 175 F.3d 378, 397 (6th Cir. 1999). [28 ...
Article • January 15, 1995 • from PLN January, 1995
and/or Superintendent (who always follows the Colonel's recommendations anyway) to decide who goes on YSL, for what reason, and for how long. It can, and should, be argued that placement on the YSL constitutes ...
Article • February 15, 1996 • from PLN February, 1996
away with it. The tactics used by the DOC will be described below and they bear watching as other states will surely attempt to push the envelope, testing the waters to see what they can get away ...
Case • 2023
. Ngo, 548 U.S. 81, 88, 126 S. Ct. 2378, 165 L. Ed. 2d 368 (2006)). And what are the "applicable procedural rules"? Those requirements are defined by the prison grievance process itself, not by the PLRA ...
Article • December 15, 1992 • from PLN December, 1992
Filed under: Commentary/Reviews, Reviews
it gets printed. From my own experience I know that what tyranny fears the most is the light of day and public scrutiny. This isn't intended as a "put down" to the many prisoners who devote a lot of time ...
Article • November 15, 2005 • from PLN November, 2005
a lawsuit in forma pauperis but you can file it if you pay the entire filing fee when you submit the lawsuit to the court. This is commonly known as the three strikes" provision of the PLRA. What is a Strike ...
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