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Owen v. Lash-682 F.2d 648 (7th Cir. 1982)
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 ...
Moody v. McNamara-606 F.2d 621 (5th Cir. 1979)
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 ...
State of Alaska v. Johnson-2 P.3d 56 (Alaska 2000)
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 ...
Nussle v. Willette-224 F.3d 95 (2nd Cir. 2000)
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 ...
Deck v. Missouri-125 S.Ct. 2007 (2005).
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 ...
Gates v. Cook-234 F.3d 221 (5th Cir. 2000)
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 ...
Page v. State-88 S.W.3d 755 (Tex.App. - Corpus Christi 2002)
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 ...
Laury v. Greenfield-87 F.Supp.2d 1210 (D KS 2000)
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 ...
Delaney v. DeTella-123 F.Supp.2d 429 (ND IL 2000)
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 ...
In re Personal Restraint of Stewart-115 Wn.App. 319, 75 P.3d 521 (2003)
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 ...
Kimberlin v. U.S. Dept. of Justice-318 F.3d 228 (DC Cir. 2003)
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 ...
Allen v. Sakai-48 F.3d 1082 (9th Cir. 1994)
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 ...
McKinney v. Anderson-924 F.2d 1500 (9th Cir. 1991)
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 ...
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 ...
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