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Case • 1988
. But in determining what procedural safeguards a State must provide, it makes all the difference in the world whether the United States Constitution places a substantive restriction on the State's power to take ...
Case • 2003
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 generally ...
Case • 2002
provided Cochran with the required fair notice of what her claim was and the ground on which it rested. See id. Thus, the court finds Smith's pleadings sufficient in accordance with the Federal Rules. n4 ...
Case • 1981
violate due process upon making an unprovoked attack on a prisoner. It is not clear from the Lock opinion what provocation existed in each of the tear gas incidents to justify use of the gas on the pretrial ...
Case • 1987
objections," including the failure adequately to define a "continuing series of violations," or to explain what is meant by deriving "substantial income or resources." They observed that "the very severe ...
Case • 1989
of privacy always yield to what must be considered the paramount interest in institutional security. We believe that it is accepted by our society that "loss of freedom of choice and privacy are inherent ...
Case • 2005
that can reasonably be inferred from what is specifically stated." Bliss, 368 S.W.2d at 599. "Mere formalities, minor defects and technical insufficiencies" will not invalidate a petition as to a cause ...
Case • 1982
the question "What kind of rights are we talking about?", and concluded that the violation under consideration was merely the denial of "court created procedural due process rights." Having so ruled, the trial ...
Case • 1979
the officials did not give any indication of what causal relationships there could be between such mail and these results. No one wants to be the target of insulting remarks like those in McNamara's letter ...
Case • 2000
, the superior court reversed the law of the case by issuing what amounted to a negligence per se instruction despite its earlier ruling denying such an instruction. *fn36 While the superior court's pretrial ...
Case • 2000
and design of the statute as a whole"). [29] The use in § 1997e(a) of the term "prison conditions," however, is scarcely free of ambiguity. Section 1997e(a) itself provides no definition of what ...
Case • 2005
of visible physical restraints even in modern practice, we should not forsake common sense in determining what due process requires. Capital sentencing jurors know that the defendant has been convicted ...
Case • 2000
the term pendent appellate jurisdiction ("PAJ"), but that is what they are exercising. The theory of pendent appellate jurisdiction is that an appellate court may, on review of an appealable interlocutory ...
Case • 2002
thought he was a real police officer and I deserved what he had done." She explained: "I just felt like at that point in time where my life was that I had deserved what happened to me." The complainant ...
Case • 2000
of Theodoroff, Nikes, Preston, and Wolowicz. The parties clearly have divergent theories of what occurred on July 14, 1997. If plaintiff's version of the facts is true, Officer Theodoroff acted for no legitimate ...
Case • 2000
, were inadequate. Even when Delaney was permitted to leave his cell, he was constrained by chains joining him to inmates in front and in back. What sets this case apart from others in which the exercise ...
Case • 2003
placement following his release from prison.*fn12 [25] The sentencing court declined to impose what was, at the time Capello was sentenced, the optional special condition of community placement that he ...
Case • 2003
to fund functions the same as an outright ban.' 156 F.3d at 194 n.1. That the government 'monopolizes' certain 'means of speech' in prisons is what sets this case apart from Regan v. Taxation ...
Case • 1994
understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640 (1987). [19] III [20] Smith alleges that the defendants violated his right to freedom from cruel ...
Case • 1991
] Officials pleading qualified immunity are liable for damages only if the contours of the right they are alleged to have violated are "sufficiently clear that a reasonable official would understand that what ...
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