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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 ...

Foster v. Fulton County, GA-223 F.Supp.2d 1301 (ND GA 2002)

Case • 2002

of confinement and inadequate medical care is currently before the Court for a determination of what further action may be needed to enforce the terms of the Final Settlement Agreement approved by the Court ...

Seling v. Young-121 S.Ct. 727 (2001)

Case • 2001

, evaluating the `statute on its face' to determine whether it provided for what amounted to a criminal sanction, [id.], at 169." 522 U. S., at 101. The Kennedy factors, we said, " `must be considered ...

Abdul-Akbar v. Watson-4 F.3d 195 (3rd Cir. 1993)

Case • 1993

of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Id. Thus, qualified immunity does not apply if "reasonable officials ...

Rowe v. Burton-884 F. Supp. 1372 (D AK 1994)

Case • 1994

of hardship tips sharply in favor of plaintiff. Rent-A-Center, Inc. v. Canyon Television [**4] and Appliance Rental, Inc., 944 F.2d 597, 602 (9th Cir. 1991). The alternatives illuminate what is really a single ...

Alexander v. Perrill-916 F.2d 1392 (9th Cir. 1990)

Case • 1990

clear that a reasonable official would understand that what he was doing violated that duty. Id. at 640. Thus, we consider whether it was clearly established that Perrill and Rivera had a duty ...

Turiano v. Schnarrs-904 F. Supp. 400 (MD PA 1995)

Case • 1995

--in Defts' Response to Pltf's Statement of Undisputed Material Facts--that qualified immunity is deserved because it was unclear at the time what requirements of access to the courts were placed on officials ...

Carbonell v. Acrish-154 F.Supp.2d 552 (SD NY 2001)

Case • 2001

supra, the claim of a bare desire to harm will not fly. Consequently, the Moreno principle has no application on these facts. As a fallback, Boivin deplores what he [**29] envisions as the complete lack ...