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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Case • 1974
a prison official directing the lawyers to do with them what they thought appropriate. About a month later, during an interview with a member of the law firm, plaintiff learned that his two letters had been ...
Case • 2000
. 1999), none of these opinions considered whether natural persons are proper defendants in the first place. (What is more, none of these decisions discussed whether it is sound to extend immunity ...
Case • 2004
Thongvanh, did not identify a cost-free way for the prison to accommodate him. He did not introduce at trial what the cost of hiring an interpreter would be, whether FDCF had any Spanish-speaking employees ...
Case • 2001
not restrict their access to the courts to press claims for which the substantive law provides an underpinning. See 952 F. Supp. at 1332. Prisoners still possess what the Supreme Court has said the Constitution ...
Case • 2002
to ignore exhaustion and consider his claims on the merits. We believe, however, that it is necessary to go further to [**5] indicate our disapproval of what did or, more correctly, did not happen here ...
Case • 2004
that is exactly what happened: Craig may have dropped an unstamped notice of appeal into the prison mail system, and it took a while to get him to add an envelope and stamp (or to debit his prison trust account ...
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