what - Search | Prison Legal News

Wooten v. D.C. Metro Police Dept.-129 F.3d 206 (DC Cir. 1997)

Case • 1997

). If he is foolish enough to pay $105 to have us say essentially what we have already said about his case, his appeal may proceed. But if he fails to pay this amount within 14 days of receipt of our opinion ...

Plunk v. Givens-234 F.3d 1128 (10th Cir. 2000)

Case • 2000

on something less than a preponderance of the evidence?"). These cases do not speak at all to the question of what standard a federal court should employ in determining whether a prison disciplinary conviction ...

Bourke v. Hawk Sawyer-269 F.3d 1072 (DC Cir. 2001)

Case • 2001

--the court in Chatman-Bey had emphasized that "what federal habeas corpus accomplishes for federal prisoners [is] having federal claims adjudicated in a federal forum," 864 F.2d at 810--and we expressly ...

Jones v. Berge-172 F.Supp.2d 1128 (WD WI 2001)

Case • 2001

by the class. Nevertheless, it remains the case that defendants have not waived an affirmative defense of failure to exhaust as to plaintiffs' "individual claims." However, it is unclear precisely what ...

Stevenson v. Whetsel-52 Fed.Appx. 444 (10th Cir. 2002).

Case • 2002

harm." Farmer v. Brennan, 511 U. S. 825, 834 (1994). Rather, Stevenson's complaint alleges only a discrete incident and what was possibly a temporary state of affairs. "To the extent that such conditions ...

Duke v. Cockrell-292 F.3d 414 (5th Cir. 2002).

Case • 2002

incidental to what he clearly knew, understood and accepted as the consequences of his plea. The revocation was not immediate in either time or impact because it was contingent upon intervening circumstances ...

Tyler v. Barton-901 F.2d 689 (8th Cir. 1990)

Case • 1990

understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987). Where there is a legitimate question whether a particularized ...

State of Washington v. Freeman-101 P.3d 878, 124 Wash.App. 413 (Wash.App.Div.1 20

Case • 2004

or clauses to an unambiguous statute when the Legislature has chosen not to include that language. The court should assume that the Legislature means exactly what it says. Delgado, 148 Wn.2d at 727. Statutory ...

Parker v. Reda-327 F.3d 211 (2nd Cir. 2003).

Case • 2003

of that document at the time did you in fact have personal knowledge of what occurred during that incident? [28] A: Yes. [29] [Q:] Did you, without describing this document, sir, did you write it? [30 ...

Williams v. Cash-836 F.2d 1318 (11th Cir. 1988)

Case • 1988

with a clipper without incident and that prisoner's medical records showed no complaint of injury on the day of the alleged beating, issue of material fact regarding what took place precluded grant of summary ...

United States v. Scott-316 F.3d 733 (7th Cir. 2003).

Case • 2003

that there is little privacy inside prison and imprisonment was a lawful alternative to conditional release). But what happened here looks more like a departure, given that Scott received the maximum imprisonment ...

Sprouse v. Babcock-970 F.2d 450 (8th Cir. 1989)

Case • 1989

. That the Constitution does not obligate the state to establish a grievance procedure is, we believe, of no consequence here, since what is at stake is a prisoner's right of access to an existing grievance procedure ...

Rickman v. Avanti-854 F.2d 327 (9th Cir. 1988)

Case • 1988

] The record in this case reflects what this Court and other courts know and long have acknowledged, namely that weapons, drugs, and other items of contraband are serious problems in our nation's prisons ...

Foman v. Davis, Executrix-371 U.S. 178; 83 S.Ct. 227; 9 L.Ed.2d 222(1962).

Case • 1962

his property to respondent, his second wife and executrix. Petitioner sought recovery of what would have been her intestate share of the father's estate. Respondent moved to dismiss the complaint ...

Higgason v. Hanks-54 Fed.Appx. 448 (7th Cir. 2002).

Case • 2002

made a statement about "putting a bullet in [the staff member's] [**5] head," which is what the staff member stated in the conduct report. Therefore, there was "some evidence" to support the board's ...

Francis v. Coughlin-849 F.2d 778 (2nd Cir. 1988).

Case • 1988

practice in what ought to be a relatively straightforward case, we are also mindful of the Supreme Court's admonition that "[u]nless the plaintiff's allegations state a claim of violation of clearly ...

Obado v. New Jersey-328 F.3d 716 (3rd Cir. 2003).

Case • 2003

term as Chief Judge on May 4, 2003. [29] *fn2 It is not clear from the District Court record just what "CDS" is. [30] *fn3 Obado also argues that his conviction imposes continuing restraints ...

Perotti v. Seiter-935 F.2d 761 (6th Cir. 1991).

Case • 1991

the total number of issues in the case with those actually prevailed upon." The Court noted that "such a ratio provides little aid in determining what is a reasonable fee in light of all the relevant factors ...

Butler v. Adams-397 F.3d 1181 (9th Cir. 2005)

Case • 2005

, the state provided the form titled "Reasonable Modification Or Accommodation Request." The form asked Butler to describe his disability, to "describe the problem" and to declare "what specific modification ...

Mayweathers v. Terhune-136 F.Supp.2d 1152 (ED CA 2001)

Case • 2001

(2d Cir. 1979) (The law of the case "does not constitute a limitation on the court's power but merely expresses the general practice of refusing to reopen what has been decided.") "The rule of practice ...