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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 ...
Thornton v. U.S. Department of Justice-93 F.Supp.2d 1057 (DMW 2000)
Case • 2000
was required to change his clothes. While he did so a deputy at the jail observed the condition of his feet, which were swollen and purple in color. The deputy expressed shock at what he saw and immediately ...
Tillman v. Lebanon County Correctional Facility-221 F.3d 410 (3rd Cir. 2000)
Case • 2000
in violation of the Eighth Amendment. Third, the defendants failed to demonstrate what due process, if any, was provided to the plaintiff. Finally, the Court held that it lacked sufficient information ...
Andrews v. Camden County-95 F.Supp.2d 217 (D NJ 2000)
Case • 2000
distress, the guards did nothing because they "thought [Andrews] was on drugs", and "[they didn't care what was wrong with him." (Williams Stmt. Dated December 4, 1998, Pl. Ex. G.) Camden County released ...
Johnson v. Wright-234 F.Supp.2d 352 (SD NY 2002)
Case • 2002
. As the Supreme Court has recently reiterated, the Federal Rules of Civil Procedure require that a complaint "must simply 'give the defendant fair notice of what the plaintiff's claim is and the grounds upon which ...
Disciplinary Proceeding Against Schafer-149 Wash.2d 148, 66 P.3d 1036 (2003)
Case • 2003
that Schafer violated RPC 1.6? [35] (2) If not, is there an applicable exception to RPC 1.6 which excused the violation? [36] (3) If not, what is the appropriate sanction? [37] We hold ...
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