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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 ...

Rolling v. Butterworth-630 So.2d 635 (Dist. Ct. App., Fl. 1st Dist. 1994)

Case • 1994

whether any future more narrowly drawn injunction could pass constitutional muster, what county or counties would be the proper venue(s) for seeking the lien under section 944.512, or whether ...

Levoy v. Mills-788 F.2d 1437 (10th Cir. 1986)

Case • 1986

to formulate what standard of suspicion must exist before prison officials can conduct a body cavity search. For now, it suffices to say that the government must demonstrate a legitimate need to conduct ...

Jones v. Metzger-456 F.2d 854 (6th cir. 1972)

Case • 1972

the case since the subject matter was more properly the concern of the state courts and plaintiffs had failed to exhaust state remedies (although appellants do not specify what those remedies might ...

Wilwording v. Swenson-404 U.S. 249, 92 S.Ct. 407, 30 L.Ed.2d 418 (1971)

Case • 1971

courts underlying this Petition." (Emphasis supplied.) Indeed, petitioners' counsel in his reply brief disclaims knowledge of what claims were presented in the cases, stating: "As this writer did ...

Santana v. Coughlin-457 Ad.2d 947, 457 N.Y.S.2d 944 (AD 1982)

Case • 1982

was then asked in Spanish: "But you attempted to cut him?" Petitioner's reply, again in Spanish was: "I wasn't going to cut him. What happened is, you know, I got punched. I then tried to cut him. I don't know ...

Willis v. FBI-274 F.3d 531 (DC Cir. 2001).

Case • 2001

an issue of first impression for this circuit: what criteria should guide district courts in deciding motions for the appointment of counsel in cases brought under the Freedom of Information Act, 5 U.S.C. s ...