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Felker v. Turpin-116 S.Ct. 2333, 135 L.Ed.2d 827 (1996)

Case • 1995

provides that "the Privilege of the Writ of Habeas Corpus shall not be suspended." The new restrictions on successive habeas petitions constitute a modified res judicata rule, a restraint on what is called ...

Pacheco v. Comisse-897 F. Supp. 671 (ND NY 1995)

Case • 1995

) wishes [sic]." Plaintiff claims that he then asked Mann what gave Mann these powers; Mann allegedly replied "he was the boss here." When plaintiff then threatened to file another grievance, Mann allegedly ...

Ralk v. Lincoln County-81 F.Supp.2d 1372 (SD GA 2000)

Case • 2000

that necessitates jury resolution. [**9] [*1375] Although what happened to Ralk's December 25, 1996 request and any subsequent requests is not clear from the record, Booker testified as to how she believes she ...

Sullivan v. Flannigan-8 F.3d 591 (7th Cir. 1993)

Case • 1993

in refusing medication--thus the question becomes whether those cases also established what "due process" was required to abridge this liberty. We must decide, in other words, whether Illinois' pre-Harper ...

Foote v. Spiegel-995 F. Supp. 1347 (D. Utah 1998)

Case • 1998

, defendant Williams enjoys qualified immunity for her actions. The framework for analyzing a claim of qualified immunity on a motion for summary judgment is as follows: first we must ask what was the clearly ...

Muhammed v. DiPaolo-138 F.Supp.2d 99 (D MA 2000)

Case • 2000

-Baranowski Correctional Center ("SBCC") maximum security prison in Shirley, Massachusetts. Muhammad's claims center around what he describes as a violation [**2] of his right to [*101] practice his Muslim ...

U.S. Department of Justice v. Julian-486 U.S. 1, 108 S.Ct. 1606, 100 L.Ed.2d 1606 (1988

Case • 1988

of information than is the possibility of the defendant revealing his recollection of what he read in the report prior to sentencing. [ 486 U.S. Page 17] "[Rule 32(c)(3)(E)] embodies the concern ...

Storms v. Coughlin-600 F.Supp. 1214 (1984).

Case • 1984

., at 769-770, which [**10] concerned Justice Brennan in Schmerber are plainly implicated when an inmate is forced to perform in the presence of a prison guard what is ordinarily regarded as a private bodily ...

Ford v. Wainright-752 F.2d 526 (11th Cir. 1985).

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 ...

Curry v. City of Syracuse-316 F.3d 324 (2nd Cir. 2003).

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 ...

Smith v. Cochran-216 F.Supp.2d 1286 (ND OK 2002)

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 ...

Lock v. Jenkins-641 F.2d 488 (7th Cir. 1981)

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 ...

United States v. Amen-831 F.2d 373 (2nd Cir. 1987)

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 ...

Dunn v. White-880 F.2d 1188 (10th Cir. 1989)

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 ...

JCW Electronics v. Garza-176 S.W.3d 618 (Tex. App. Corpus Christi 2005)

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 ...

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 ...