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Case • 1987
the recent Supreme Court decisions limiting section 1983 actions that allege damages resulting form due process clause violations by prison officials are not apposite. Instead, it is necessary to examine what ...
Case • 1941
for writ of habeas corpus addressed to a federal court is properly drawn and what allegations it must contain are questions for that court alone to determine. Compare First National Bank v. Anderson, 269 U.S ...
Case • 1976
is in harmony with the decisions in other Circuits. (footnotes omitted). I am uncertain what "reckless disregard" means in this context. Is it something less than an intentional act, yet something more than ...
Case • 1995
. We first explain what is not present in this case. We are not faced with an individual in a persistent vegetative state who can be kept alive only by extraordinary means, or one who is in the last ...
Case • 2003
Perez, and what Gutierrez saw, we may assume these disputed facts in Marquez's favor in order to decide whether qualified immunity was properly denied. Id. [21] III. [22] [1] Following ...
Case • 2002
the requisite expertise, they must necessarily place their confidence in the reports of the prison doctors whenever an inmate disputes a medical opinion as to what treatment is necessary and proper ...
Case • 1987
the mark. First, the court was called upon to determine what proof is required to prove a violation of 42 U.S.C. § 1983. That is not the issue presented to this Court. Second, to the extent ...
Case • 1983
.*fn7 The Supreme Court has expressly left undecided what distinctions prison authorities may draw for this purpose between persons who are confined solely as punishment for crime and those who ...
Case • 1988
desegregated). [26] Depending upon what a survey of New Folsom Prison might show, the district court might or might not take steps further to effectuate and protect the injunction it has already issued ...
Case • 2003
because it was a form of merits review. On the other hand, a state court could deny relief for what it recognizes or assumes to be federal error, because of the petitioner's failure to satisfy some ...
Case • 1983
to minimum due process protections. Id. at 482. The Court attempted to delineate precisely what process was due in these proceedings. On the Morrissey facts, the Court ruled that a parolee is entitled to two ...
Case • 2002
failed to name the proper parties, even if that is what he did. We have previously stated that a pro se plaintiff should be permitted to amend his complaint to name the proper parties where doing so could ...
Case • 2002
have already heard a great deal of testimony on the issue. Plaintiff does not have to prove his case in order to amend his complaint, but based on what I have already heard out of Sheriff Bigger's own ...
Case • 2003
to register. Essentially, the state inquires what purpose may be served by classifying some offenders as sexual predators but not requiring them to register. [33] ¶15. R.C. 2950.04(A)(1) requires ...
Case • 2003
L.Ed.2d 40 (1983)). While it is the district court's responsibility to "make the assessment of what is a reasonable fee under the circumstances of the case," id. at 115, 113 S.Ct. 566 (quoting Blanchard ...
Case • 2003
ratings or, what are equivalent, recommendations would involve discretionary judgments possibly influenced by the religious preferences of the agency or public employees doing the rating or making ...
Case • 2004
(although much to our vexation, the defendants were not able to identify at oral argument what exact improvements or construction have thus far been completed), at a cost of about $250,000. [24] *fn2 ...
Case • 2001
uses of force as distinct from categorizing injuries as severe, moderate or trivial. The Hudson Court did not specify what type or level of injury is necessary to state a viable claim. Moreover ...
Case • 2001
the identity of the informant or anything about the informant. Captain Hammers knew only what the warden had told him. The disciplinary hearing officer did not allow the inmates to question Hammers ...
Case • 2004
. Muhammad stood up and faced him, and when the two were within a foot of one another, Close asked, "whats [sic] up," all the while "staring angerly [sic]." In the aftermath of the confrontation, Muhammad ...
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