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Stewart v. Murphy-174 F.3d 530 (5th Cir. 1999)

Case • 1999

for trial, but where the evidential submissions lack probative value as to a genuine issue, summary judgment is appropriate". Id. [22] In this regard, the substantive law determines what facts ...

Neal v. Shimoda-131 F.3d 818 (9th Cir. 1997)

Case • 1997

) Is there such a liberty interest? and (2) If so, what process is due? [63] [7] "The requirements of procedural due process apply only to the deprivation of interests encompassed by the Fourteenth Amendment's ...

Hare v. City of Corinth, Miss.-135 F.3d 321 (5th Cir. 1998)

Case • 1998

failing in qualified immunity decisions that courts avoid deciding exactly what constitutional violation might have occurred if the facts are as a plaintiff alleged... The purpose of requiring careful ...

Williams v. Goord-142 F.Supp.2d 416 (SD NY 2001)

Case • 2001

clear that a reasonable official would understand that what he is doing violates that right." Id. at 640. For purposes of qualified immunity, "it is sufficient if decisions of the Supreme Court ...

Limone v. Condon-372 F.3d 39 (1st Cir. 2004)

Case • 2004

both on what the officer did (or failed to do) and on the state of the law at the time of the alleged act or omission. Savard v. Rhode Island, 338 F.3d 23, 28 (1st Cir. 2003) (en banc), cert. denied, 124 ...

Lopez v. Davis, Warden-121 S.Ct. 714 (2001)

Case • 2001

addressed the "precise question" of what offenses ought to disqualify prisoners from eligibility for a sentence reduction, and that its unambiguous answer was "violent offenses." Under the statute as enacted ...

Flanders v. Maricopa County-54 P.3d 837 (Ariz.App.Div.1 2002)

Case • 2002

, and apparently while he slept, Flanders was violently assaulted. [21] ¶9 Flanders later could not remember what had happened to him and did not know why he had been assaulted. However, witnesses saw five ...

Dubuc v. Johnson-314 F.3d 1205 (10th Cir. 2002)

Case • 2002

institutional account. See § 1915(b). In addition, the prisoner may be entitled to a free copy of the record on appeal, a free transcript of proceedings, and free process. See § 1915(c)-(d). [50] What ...

Young v. Kann-926 F.2d 1396 (3rd Cir. 1991)

Case • 1991

be curtailed by the demands and realities of the prison environment. Wolff also holds, however, that a prisoner has a constitutionally protected liberty interest in good time credit, and it enumerates what due ...

Whitley v. Albers-475 U.S. 312, 106 S.Ct. 1078, 89 L.Fd.2d 251 (1986

Case • 1986

, post, p. 328. [10] Author: O'connor [ 475 U.S. Page 314] [11] JUSTICE O'CONNOR delivered the opinion of the Court. [12] This case requires us to decide what standard governs ...

Estes v. Federal Bureau of Prisons-273 F.Supp.2d 1301 (S.D.Ala. 2003)

Case • 2003

that "imprisonment" and "CCC's" are mutually exclusive concepts, then no matter what the rest of the statute says about the BOP's discretion to determine where a term of imprisonment may be served, it cannot be served ...

Anthony v. City of New York-339 F.3d 129 (2d Cir. 2003)

Case • 2003

." Appellants' Brief at 34. To the contrary, when asked about his training, Officer Migliaro expressly stated that the NYPD did have a training policy in place to instruct officers in how to interact with what ...

Colman v. Vasquez-142 F.Supp.2d 226 (D.Conn. 2001).

Case • 2001

to substitute (Doc. # 20) is GRANTED, and the United States Motion [**5] to Dismiss (Doc. # 18) is GRANTED. What remains for consideration in light of the above concessions is defendants Harding and Meredieth's ...

Perry v. McDonald-280 F.3d 159 (2d Cir. 2001)

Case • 2001

. [49] We are not persuaded. As the District Court correctly concluded, Vermont's restriction on scatological terms-what the Vermont statute describes as "offensive"- reasonably serves legitimate ...

Tsombanidis v. West Haven Fire Dep't-352 F.3d 565 (2d Cir. 2003)

Case • 2003

and then identify similarly situated persons who are unaffected by the policy. It is unclear from its decision what groups the district court compared. To the extent that the district court compared the handicapped ...

Laaman v. Perrin-435 F.Supp. 319 (D NH 1977)

Case • 1977

a small hole drilled into it. The officers quickly decided that what they had discovered were the makings of a pipe bomb. The items were shown to Perrin who then concluded that his decision to recommend ...

Wheeler v. United States-640 F.2d 1116 (9th Cir. 1981)

Case • 1981

] Congress, not surprisingly, did not contemplate such an extraordinary set of circumstances when it considered what judicial decisions were to be subject to collateral attack. In light of the broad powers ...

In Re Southern Ohio Correctional Facility-24 Fed.Appx. 520 (6th Cir. 2001).

Case • 2001

up some misunderstandings as to what had actually been filed under seal. On January 10, 2000, the district court lifted the protective order on the incentive award recommendation. See In re Southern ...

Abney v. State-822 N.E.2d 260 (Ind. App. 2005)

Case • 2005

enhancement. What Booker adds to the discussion is that under a discretionary sentencing scheme, the Sixth Amendment is not implicated at all. It is true, as our earlier cases have stated, that in Indiana ...

Moreland v. Miami-Dade County-255 F.Supp.2d 1304 (SD FL 2002).

Case • 2002

in the Strickland case was inconsistent with her testimony in this [civil service appeal] proceeding and contrary to what she initially told [the Assistant United States Attorney in the Strickland case]." MDCC ...