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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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