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Gordon v. Scott-6 S.W.3d 365 (TX-App.-Beaumont 1999)
Case • 1999
with citation and made no appearance before the trial court. As the trial court's order contains what is known as a "Mother Hubbard" clause, the order is final for appellate purposes. See Mafrige v. Ross, 866 S.W ...
Martinez v. Turner-977 F.2d 421 (8th Cir. 1992)
Case • 1992
. Ct. 864 (1989). The district court could not, on the basis of the record before it, determine what, if any, work was being asked of Martinez. His claim was not indisputably meritless, and should ...
Griffen v. Crippen-193 F.3d 89 (2nd Cir. 1999)
Case • 1999
claim was inappropriate because there are genuine issues of material fact concerning what transpired after appellant was handcuffed and whether the guards maliciously used force against him. The district ...
Steading v. Thompson-941 F.2d 498 (7th Cir. 1991)
Case • 1991
(Tacha, J., dissenting). [19] None of this is to deny what the Court held in Estelle v. Gamble, 429 U.S. 97, 50 L. Ed. 2d 251, 97 S. Ct. 285 (1976): that prison officials may not disregard ...
Reeves v. Pettcox-19 F.3d 1060 (5th Cir. 1994)
Case • 1994
give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly." Grayned v. City of Rockford, 408 U.S. 104, 92 S. Ct. 2294, 33 L. Ed. 2d 222 ...
Mann v. Reynolds-828 F.Supp 894 (WD OK 1993)
Case • 1993
] Next, plaintiff class agrees that a hard plastic window has been inserted into the grate which greatly increases visual perception. This is what the Court's judgment ordered. Now, the plaintiff class ...
Naddi v. Hill-106 F.3d 275 (9th Cir. 1997)
Case • 1997
understand what it will hold. -------------------------------------------------------------------------------- ...
Post v. Gilmore-111 F.3d 556 (7th Cir. 1997)
Case • 1997
creates a substantial risk that refiling after the completion of the sec. 1983 case will be untimely. Cf. Pratt v. Hurley, 79 F.3d 601 (7th Cir. 1996). What is more, because Post's petition was dismissed ...
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 ...
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