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Case • 2005
or the good cause standard of Georgia's administrative grievance procedures before filing a federal claim. This issue is one of first impression in our circuit and essentially asks what exhaustion requires ...
Case • 2002
or to decide what deference, if any, we owe to the Director's views in this case. Cf. Neely v. Benefits Rev. Bd., 139 F.3d 276, 281 (1st Cir. 1998); Liberty Mut. Ins. Co., 978 F.2d at 757. [37] We sustain ...
Case • 2006
" if it is "sufficiently clear that a reasonable official would understand that what he [or she] is doing violates that right."*fn28 [29] However, "[t]his is not to say that an official action is protected ...
Case • 2008
on the blood results, the line-up identification, and what he alleges was a false and coerced confession, Brown was convicted and sentenced to life in prison. Brown alleges that all of the wrongful actions ...
Case • 1998
Presbyterian [*830] Hospital for repair of the aneurysm. Hudak underwent successful surgery to contain the aneurysm at Columbia Presbyterian Hospital on February 20, 1996, and has experienced only what he ...
Case • 1994
glasses off, and then lifted up and carried by jailers and marshals. . . . The jailers and Marshals carried [Munz] into what is referred to as a padded cell. . . . Before entering the padded cell, a Marshal ...
Case • 1996
of administrative review because of his failure to file a timely appeal. This appeal requires us to determine what effect such a procedural default has upon a federal prisoner's request for habeas corpus relief under ...
Case • 1996
(as to what constitutes a "plan") that is ultimately found to be correct, the question is certainly arguable and open to debate. Freitas does not set out clearly established guidelines as to which verbal ...
Case • 1993
, for inclusion in the official record, 28 U.S.C. § 753(b), common-law judges exercise discretion and judgment in deciding exactly what and how much they will write. Early judicial notetakers, for instance, left ...
Case • 2005
of this Bankruptcy Code provision and federalism doctrine as expounded by the Supreme Court in Kelly v. Robinson, 479 U.S. 36 (1986). Having determined that the Supreme Court meant what it said in Kelly when it held ...
Case • 1976
may be inhibited from ordering or subscribing for the material. Cf. Lamont v. Postmaster General, 381 U.S. 301, 307, 14 L. Ed. 2d 398, 85 S. Ct. 1493 (1965). [17] 2. [18] What we have said ...
Case • 2000
the PLRA, applied the exhaustion requirement to all actions brought by prisoners with respect to prison conditions . . . regardless of what relief is sought"), and Nyhuis, 204 F.3d 65, 66-67 ("we hold ...
Case • 2004
, asked Johnson what he was doing with them, and after hearing his reply, told the inmates that he was terminating barber shop services for the day because of Johnson's use of the clippers. When inmate Elio ...
Case • 2005
with the Department's argument, but did not alter its award. As to bad faith, the court's letter ruling stated: I've not been able to evaluate what was redacted from various records in relation to good faith or bad ...
Case • 2007
that plaintiffs "need do no more than narrate a grievance simply and directly, so that the defendant knows what he has been accused of"). [23] That leaves the possibility that Edwards pleaded himself out ...
Case • 2008
in Atlanta Journal & Constitution does not reveal what evidence the court relied on to reach its conclusion. 2 The Court does not find persuasive other district court decisions cited by plaintiffs that failed ...
Case • 2009
-filed her action 23 days after it was dismissed by Judge Wolf on April 23, 2007, for insufficient service of process. The only issue -- which is what the court-imposed "actual notice" requirement [**4 ...
Case • 2001
," and thus subject to the exhaustion requirement. See id. The Supreme Court in its forthcoming review of the Second Circuit's Nussle decision may resolve the debate among the circuits on what has been a hotly ...
Case • 2000
] With this standard in mind, we turn to the facts of this case. To determine whether Joffer could have reasonably believed his actions did not violate Bouska's Eighth Amendment rights, we must first determine what ...
Case • 1984
of Jenkins. Harris County argued that any testimony by the witness as to what the two other men said would be inadmissible hearsay. The trial judge admitted the testimony over Harris County's objection. [32 ...
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