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Case • 1996
judgment by relying on materials outside the pleadings must always provide a pro se prisoner litigant the notice specified in Klingele, regardless of what the court calls its order dismissing the case ...
Case • 1999
). See LaBounty, 137 F.3d at 73-74. Moreover, "[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v ...
Case • 1999
). See LaBounty, 137 F.3d at 73-74. Moreover, "[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v ...
Case • 1989
under the name or description given and that "[your] request does not describe the record sufficiently to enable us to determine what record you are seeking." Further, defendant's denial form suggested ...
Case • 1999
, they filed what they styled a "motion for reconsideration" on September 23, 1998. In this motion, they argued, among other things, that the District Court had erred in rejecting their qualified-immunity ...
Case • 1992
of reduction in prison terms and supports that argument by examples of what might be beneficial to inmates or Board. None of those possibilities changes the adverse consequences to petitioner. Board argues ...
Case • 1994
not contend Davidson's motion does not "truly disclose what occurred in the district court" under Rule 10(e). Rather than moving to strike the motion or modify the record, the defendants did not dispute ...
Case • 1993
a "short and plain statement of the claim that will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Leatherman v. Tarrant County Narcotics Intelligence ...
Case • 1995
. Civ. P. 56(e)). [20] To determine what facts are material, we look to the substantive law governing the dispute to identify the facts that are critical to the outcome. Id. at 272. Beyerbach ...
Case • 1993
segregation unless they posed a threat to prison security, n2 Wright received what process was due after being confined to administrative segregation. Hewitt, 460 U.S. at 477. Wright concedes that the prison ...
Case • 1997
"inherently transitory"; whether the class claims are in fact "inherently transitory" is ultimately a decision for the district court, and we do not in any way suggest what result that court should reach ...
Case • 1997
that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640 (1987). In other words, "in the light of pre-existing law the unlawfulness must ...
Case • 1997
initially [*886] what we had encountered in the cell." About 10:30 a.m., Davis was placed in the small observation tank. Jordan issued orders to Jones to call the paramedics and returned downstairs to resume ...
Case • 1998
. It is conceivable (what isn't?) that Diaz might be kidnapped and brought to the United States and there wrongfully prosecuted and convicted for reentering the United States, but the possibility is far too remote ...
Case • 2003
determination, genuine issues of material fact remain as to what type of claim was settled and whether that claim was covered by the Agreement. Accordingly, the entry of final summary judgment was improper ...
Case • 2004
. The circumstances thus give no more support to the State's argument than does the case law. [31] It is for the legislature to decide what resources will be expended in the effort to recoup funds from offenders ...
Case • 2001
the injury to his nose was caused by the second rather than the first assault. The Court need not examine the sufficiency of Plaintiff's proof on this point since the jury never indicated what proportion ...
Case • 2003
medical needs. But what he is really arguing is that he does not suffer from the requisite mental disorder for a Chapter 980 commitment. The only harm that Von Flowers alleges resulted from the defendants ...
Case • 1979
, casual unwillingness to investigate what can be done for a man who is obviously in desperate need of help. The jury was carefully and correctly charged that mere negligence was insufficient to sustain ...
Case • 2002
] Correctional Facility on February 26, 1999, when Taylor directed Feliz to dispose of certain filed documents. Feliz and Taylor differ as to what documents Feliz was to discard. Feliz claims that he was told ...
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