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Case • 1993
to Guntharp's question, that he, Jones, believed an Act 814 participant was entitled to a Morrissey -type hearing before that status could be constitutionally revoked. What Jones may have thought or may have told ...
Case • 1993
-- when such viewing is a necessary or unavoidable part of that employee's duties. What plaintiff objects to is gratuitous or unnecessary viewing, neither of which is protected by qualified immunity. See ...
Case • 1994
access to the courts. Bounds v. Smith, 430 U.S. 817, 824, 52 L. Ed. 2d 72, 97 S. Ct. 1491 (1977). However, what constitutes a "pen" is not so clear. For example, "a typewriter or full-sized pen is merely ...
Case • 1995
and [**6] facilitate it, approve it, condone it, or turn a blind eye for fear of what [he or she] might see.'" Ripson v. Alles, 21 F.3d 805, 809 (8th Cir. 1994) (quoting Jones v. City of Chicago, 856 F.2d ...
Case • 1991
is an opening in the cell door. What happened next is unclear, but it appears that Ellefritz shut the food flap on Welch's fingers, which were apparently there to block the opening. The two then exchanged heated ...
Case • 1997
does not strike us as a form of cruel and unusual punishment. It is not unusual; and we cannot see what is cruel about refusing a benefit to a person who could not have obtained the benefit if he had ...
Case • 1998
that what allegedly occurred during the shower incident is not material to determining whether they are entitled to qualified immunity. Nor do they contend that if Thomas' version of the facts is true ...
Case • 1998
. Koonce, 991 F.2d 693, 697 (11th Cir.1993). We further have reasoned that possession of what appears to be a gun during a robbery can play an integral part in the commission of the crime and evidences ...
Case • 1992
that Markham had waived those claims, and dismissed his case. [12] There are two questions: whether a state prisoner is required to exhaust state administrative as well as judicial remedies, and what ...
Case • 1993
specifically withholds ruling on the standard of proof question. R&R at 12. The third objection is correct, for what it's worth; Judge Jarvey did not discuss qualified immunity. [**4] It appears to this Court ...
Case • 1998
naturally are reluctant to apply section 1997e(a) to mean other than what it says: the prisoner must exhaust his "administrative remedies" as that term is conventionally understood, but need not exhaust state ...
Case • 1998
on sufficient notice as to the issues Pate intended to raise on appeal. See Fed. R. App. P. 24(a). Pate's application did not need to repeat what was already sufficiently clear. Accordingly, it was improper ...
Case • 1997
of a liberty interest. [28] These earlier post-Sandin decisions implied what we now state explicitly: Sandin did not create a per se blanket rule that disciplinary confinement may never implicate a liberty ...
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 ...
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