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Case • 2001
, and thereby preserve the case for trial." McPherson, 174 F.3d at 281. Under these circumstances, the District Court should have informed Mr. Bourdon of what is required to oppose effectively a motion ...
Case • 1977
. Judge Larson also considered the degree of procedural protection required, i.e., what process was due, noting as follows: [21] The degree of procedural protection required in any given type of case ...
Case • 1980
(1977). [25] We need not decide to what extent exhaustion of state administrative remedies, as distinct from exhaustion of state judicial remedies, must precede an adjudication of plaintiffs ...
Case • 1979
charge brought against him." [20] On January 17, 1979 plaintiff filed what he denominated a "MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFF'S COMPLAINT" in which he stated ...
Case • 1990
the scope of a Spears hearing. The district court also noted what it termed an inconsistency in Williams' allegations -- that the disciplinary hearing was interrupted for his psychiatric exam and he ...
Case • 1987
a claim.*fn2 In dismissing the action, the court did not advise Noll in what respects his second amended complaint was deficient, nor did the court allow Noll leave to amend.*fn3 We review de novo ...
Case • 1976
of their exclusion, and that, in accordance with this policy, he was so excluded on two occasions. These allegations suffice to state a claim. As in LaReau and Burgin, an evidentiary hearing will establish what ...
Case • 2002
, an investigative reporter. He told Yant about the accusations against McCluney-Jackson, as well as the allegations that plaintiff had engaged in improper conduct with an inmate. He then asked Yant to find out what ...
Case • 1997
years of age, were sent to the State prison. Sir, what is the object of all punishment? It is two-fold: the prevention of crime and the reformation of the offender. How do you propose to diminish crime ...
Case • 2003
dated after Bowers was moved from the county jail into state custody indicates that he takes Dilantin and suffers from a seizure disorder, which Bowers [**4] denies. But what cannot be disputed ...
Case • 2001
that, no matter what IDOC's usual policy, and no matter how it applied the amended [**7] habitual offender rule to other similarly situated prisoners, the department was not required to apply the revised rule ...
Case • 2002
. At the scene of the second meeting, officers observed Rodriguez enter a vehicle to make what officers believed was a drug buy. Officers followed the car in which they had seen Rodriguez and later determined ...
Case • 2003
is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. Stated another way, when a statute is plain ...
Case • 2003
things" about the sheriff's deputies' performance, including what they "buy for the agency, equipment, [and] positions [they] ask for." Nor was this just "one article"; it was constantly, "week, after week ...
Case • 2005
was obliged to personally interview the potential witnesses to try to determine what caused them to change their minds. Petitioner's right to call witnesses was not adequately protected by third-person ...
Case • 1981
; we follow this treatment. [38] *fn3 Our conclusions are supported by another question and a partially inaudible answer by Chancery in the district court hearing: Q What was your response ...
Case • 1990
diligence in serving a defendant, or, what is the equivalent inquiry, has shown good cause for missing the 120-day deadline [see Fed. R. Civ. P. 4(j)], is a discretionary determination entrusted ...
Case • 1983
to [military] service' what under other circumstances would be an actionable wrong." Id., at 138. The Court held that, even assuming the Act might be read literally to allow tort actions against the United ...
Case • 1990
to pay the lawyer the statutory award, i.e., a reasonable fee, if the case is won. But there is nothing in the section to regulate what plaintiffs may or may not promise to pay their attorneys if they lose ...
Case • 1977
on the basis of any tangible evidence what alternatives exist for the non-English speaking or functionally illiterate inmates notwithstanding the existence of the TDC staff attorney program. The Court can only ...
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