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Case • 2004
a culpable mental state on the part of prison officials. See Farmer v. Brennan, 511 U.S. 825, 837-38, 128 L. Ed. 2d 811, 114 S. Ct. 1970 (1994). What's more, Olim specifically holds that confinement ...
Case • 1998
needs to know what is. If Valona asked for or condoned the delay--most unlikely given the claims he makes in this suit--then the Commission should have put his request in the record. Valona has received ...
Case • 1999
the steps necessary to remit the $105. This response is insufficient. It does not reveal why the Warden disregarded Judge Tinder's order, and what procedures have been put in place at Allenwood (or other ...
Case • 1992
that what he is doing violates that right" and the unlawfulness of denying someone the right to be free from ETS is not apparent, citing Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct ...
Case • 2003
are the arbiters of the defendants' conduct and, in effect, make the law for the case in the same manner that the jury in a common law negligence case decide what a reasonable person would or would not do ...
Case • 2005
to experiment with legislation regulating the residency of sex offenders, and to revisit or reconsider such legislation after early experience, before the Court enters the fray to establish what might be bright ...
Case • 2003
to contest this ground of affirmance, we looked at the papers filed in the district court to determine whether there might be a sound response to what seems (on reading appellees' briefs) a solid defense ...
Case • 2003
," and does not call for this Court to dictate *445 what programs are to be used in this State's public schools). In addition, such a holding would conflict with the **128 hands-off approach that this Court has ...
Case • 2007
to enforce the new rule against the parties in the case before it.*fn15 Selective prospectivity, which is what Greenhalgh requests, has been abandoned. If a new rule is applied by a court to the litigants ...
Case • 2005
725 [1992]), this Court concluded that the defendant received ineffective assistance of counsel. In reaching that determination we explicitly condemned what we perceived to be the misconduct ...
Case • 2004
violation of a constitutionally protected right. If the answer is yes, then the second step is to determine whether the right is so clearly established' that a reasonable official would understand that what ...
Case • 2005
as to what sort of neglect is considered excusable is'an equitable one, taking account of all relevant circumstances surrounding the party's own omission.'" In re Harlow Fay, Inc., 993 F.2d 1351, 1352 (8th Cir ...
Case • 2000
affirmed the CAB's decision. In response to Gaither's request to view the videotape, the superintendent stated that "[t]he cellhouse videotape indicated the opposite of what you testified to and was used ...
Case • 2001
. The only actions which could arguably meet that standard are those of the persons who occasionally took what might be considered an excessively long time to provide him with his inhaler. But Garvin does ...
Case • 2002
summarily denied that the jail lacked a grievance process, without explaining what the process was, and the district court has never resolved this disputed fact. On remand, the district court is instructed ...
Case • 2005
to experiment with legislation regulating the residency of sex offenders, and to revisit or reconsider such legislation after early experience, before the Court enters the fray to establish what might be bright ...
Case • 2009
demonstrating the expenditure of 156.1 hours on this case. The Court disagrees with counsel as to what base compensation rate FN3 and multiplier FN4 would be proper in calculating the total award. Nevertheless ...
Case • 2002
Court issued its opinion in Nussle, expressly rejecting our interpretation of what constituted "prison conditions" under the PLRA, finding instead that the PLRA's exhaustion requirement applies to "all ...
Case • 2001
that remains against CMS is that of Mills, Plaintiff must show evidence beyond what is particular to Mills in order to survive summary judgment. Plaintiff acknowledges that since he has produced no evidence ...
finding § 28-322.05 was unconstitutionally vague for failing to provide a person of ordinary intelligence of what it prohibited, the court turned to the Ex Post Facto challenges. It found the three ...
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