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Beckford v. Irvin-49 F.Supp.2d 170 (WD NY 1999)

Case • 1999

624 (1997). In City of Boerne, the Court held that Congress has the "power 'to enforce,' not the power to determine what constitutes a constitutional violation." 117 S. Ct. at 2164, 138 L. Ed. 2d at 638 ...

Lauro v. Charles-219 F.3d 202 (2nd Cir. 2000)

Case • 2000

, but also on how it is carried out.") (citation omitted). We must, as a result, examine whether what occurred in this case constitutes an improper exacerbation of an otherwise lawful seizure. And, in fact ...

The Hartford Courant Co. v. Pellegrino-380 F.3d 83 (2nd Cir. 2004)

Case • 2004

had adjudicated what appeared to be thousands of cases where sealing procedures prohibited court personnel from allowing the public to access the files in those proceedings and, in certain comparatively ...

Singletary v. PA Dept of Corrections-266 F.3d 186 (3rd Cir. 2001)

Case • 2001

of Civil Procedure 15(c)(3); (2) granted summary judgment for defendant Mazurkiewicz on the deliberate indifference claim on the basis that the plaintiff had not presented any evidence of what Mazurkiewicz ...

Merriweather v. Marion County Sheriff-368 F.Supp.2d 875 (S.D. Ind. 2005)

Case • 2005

Dec. ("Ricks Dec."), at PP 8-11. The Sheriff claims that the actual level of documented and investigated violence in the Jail was substantially less than what Plaintiff asserts. See Stephen Summers Dec ...

Mallard v. United States District Court for the So-490 U.S. 296, 109 S.Ct. 1814, 104 L.Ed.2d 318 (198

Case • 1989

Court to exercise some authority it wrongfully declined to use. Although "we have not limited the use of mandamus by an unduly narrow and technical understanding of what constitutes a matter ...

Barnes v. Government of Virgin Islands-415 F. Supp. 1218 (D.Vir.Is. 1976).

Case • 1976

. It is a field in which deeper inquiry appears to give rise to only limited understanding and leaves one with the feeling that he has come no closer to a solution. We simply do not know what to do with persons who ...

Tillery v. Owens-907 F.2d 418 (3rd Cir. 1990)

Case • 1990

and sanitation. Although we recognize that our recapitulation of the district court's findings necessarily entails a repetition of what is already set forth in that court's reported opinion, we believe ...

Wood v. Housewright-900 F.2d 1332 (9th Cir. 1990).

Case • 1990

could also have consulted with a prison medical assistant before deciding what to do. However, without the benefit of any medical records, without referring Wood to a prison physician for a determination ...

Campbell v. Miller-787 F.2d 217 (7th Cir. 1986)

Case • 1986

; and (2) if so, what process is due. See Cleveland Board of Education v. Loudermill, 470 U.S. 532, 105 S. Ct. 1487, 1491-93, 84 L. Ed. 2d 494 (1985); Morrissey v. Brewer, 408 U.S. 471, 481, 92 S. Ct. 2593 ...

Baxter v. Palmigiano-96 S.Ct. 1551 (1976)

Case • 1976

complaint did not mention or challenge any rule or regulation of the Authority; nor did it seek an injunction against the enforcement of any identified rule. What it asked was that the Board's disciplinary ...

Morales Feliciano v. Hernandez Colon-697 F.Supp. 37 (D PR 1988)

Case • 1988

abound. Fumigation is the responsibility of one guard who frequently delegates on his inmate helpers. He does not know what is in the agent he uses which is so strong that undiluted it burns the skin ...

A.M. by and through JMK v. Luzerne County Detentio-372 F. 3d 572 (3rd Cir. 2004)

Case • 2004

what level of conduct is egregious enough to amount to a constitutional violation and... whether there is sufficient evidence that [the Defendants'] conduct rose to that level." Nicini, 212 F.3d at 809 ...

Tellier v. Fields-280 F.3d 69 (2nd Cir. 2001)

Case • 2000

was there a "psychiatric or psychological assessment" conducted by defendants as required in Section 541.22(c). [26] Tellier's complaint also contains allegations that he informed each defendant personally of what he ...

Morales Feliciano v. Rullan-378 F.3d 42 (1st Cir. 2004).

Case • 2004

of the privatization concept. See Morales IV, 300 F. Supp. 2d at 323-31. The court painted a compelling, record-rooted picture of how and in what respects health care for inmates in Puerto Rican prisons remains ...

Chisolm v. McManimon-275 F.3d 315 (3rd Cir. 2001)

Case • 2001

as a defendant. See, e.g., Ex parte New York, 256 U.S. 490, 500 (1921) ("As to what is to be deemed a suit against a State, . . . it is now established that the question is to be determined not by the mere names ...

Allsop v. Cheyenne Newspapers, Inc-39 P.3d 1092 (Wyo. 2002)

Case • 2002

of interpretation. Kirkwood v. Bank of America Nat. Trust & Savings Ass'n, 1954, 43 Cal.2d 333, 273 P.2d 532. The Supreme Court will not read into laws what is not there. Durante v. Consumers Filling Station Company ...

People v. Lloyd-27 Cal.4th 997, 45 P.3d 96 (Cal. 2002)

Case • 2002

. The court noted De Lancie arose out of a civil suit seeking declaratory and injunctive relief from what had been the routine practice of recording conversations between inmates and visitors. Prior to De ...

Davis v. Hall-375 F.3d 705 (8th Cir. 2004).

Case • 2004

a reasonable person would have known."). "What this means in practice is that 'whether an official protected by qualified immunity may be held personally liable for an allegedly unlawful official action ...

McClary v. Coughlin-87 F.Supp.2d 205 (WD NY 2000)

Case • 2000

Supreme Court nor the Court of Appeals for the Second Circuit [**19] has clearly defined what constitutes meaningful review." See Defendants' Memorandum of Law (Docket # 112) at pages 2-3. According ...