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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Case • 2003
of officials does not without more" give rise to a due process claim. Id. at 219 (emphasis added). Here, however, there is "more." What was missing in Davis that is present in this case is that the mistake did ...
Case • 2006
] THE COURT: What do you mean by "good faith"? [52] MS. RODRIGUEZ: It is the defendants' reasonable belief that they were acting by authority of a valid statute. [53] THE COURT: I gave ...
Case • 2004
first and second assertions of likely irreparable harm are rejected. What remains is Reid's assertion that the state's mechanism for carrying out the sentence of death by lethal injection ...
hospitalized after eating what appeared to be metal shavings in their meal served at Correctional Treatment Facility, which receives its meals from the county jail, under contract with Aramark. Others reported ...
Case • 2007
University in South Orange. Massachi was crying and screaming for help. At approximately 2:30 p.m., one of the girls ran to the security guard's booth at the University's main gate and reported what she had ...
Case • 2007
for judicial review, the next step is to look to state law because that sets the criteria to which the some evidence standard applies. One must look to state law to answer the question, "'some evidence' of what ...
Case • 2004
, in fact, tenders evidence and argument which, if believed, would justify his doubts," the FOIA request "is in complete conformity with the statutory purpose that the public know what its government is up ...
Case • 2003
and in the crosswalk at the time of the accident. Essentially, plaintiffs allege that they have been deprived of evidence as to what occurred at the moment [**22] of impact and in the crucial hours following impact ...
Case • 2003
what kind of mattress was policy implementation), McKinney, 814 S.W.2d at 865 (no duty existed to provide barricades at parade to protect spectators, but, once decision to provide barricades made, city ...
Case • 1985
of the present case. Judge Cudahy of the Court of Appeals, in his separate concurring opinion, 727 F.2d, at 673, stressed the Butz factors and was persuaded by what he felt were the absence of procedural ...
Case • 1998
for interviews. He referred the requests to the ADC public information officer, and one interview was approved. Guntharp instructed him "to be pretty goddamned careful" about what he said to the media ...
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