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Laube v. Campbell-255 F.Supp.2d 1301 (MD AL 2003)

Case • 2003

), and the plaintiffs cannot now get around this requirement by pretending that the December 2 order was not what it was: preliminary-injunctive relief. In the future, both the court and the parties will have to be more ...

Webb v. Ada Co.-195 F.3d 524 (9th Cir. 1999)

Case • 1999

( 9th Cir. 1995). *fn1 Our ultimate review of the court's award is limited by the "considerable discretion" a district court enjoys in determining what attorney's fee is reasonable. Id. [27 ...

Whalem/Hunt v. Early-233 F.3d 1146 (9th Cir. 2000)(en banc)

Case • 2000

, erroneous. [39] We cannot tell, however, on this record, precisely what the factual circumstances were regarding Whalem/Hunt's ability or inability to learn of the AEDPA's imposition of a one-year ...

Brown v. Croak-312 F.3d 109 (3rd Cir. 2002)

Case • 2002

may not raise failure to exhaust as the basis for a motion to dismiss in appropriate cases." Ray, 285 F.3d at 295 n.8. We do not reach the question of under what circumstances a defendant may carry its ...

McQuillion v. Duncan-342 F.3d 1012 (9th Cir. 2003)

Case • 2003

that the evidence in the 1994 hearing pertained to the entirely historical question of what the Board had done in 1979; given that the same evidence as in 1994 would be before the Board on remand; and given that we ...

Smith v. Barry-112 S.Ct. 678 (1992)

Case • 1992

of what the rule requires." Torres, supra, at 316-317. This principle of liberal construction does not, however, excuse compliance with the rule. Rule 3's dictates are jurisdictional in nature ...

Star v. Gramley-815 F. Supp. 276 (CD IL 1993)

Case • 1993

of Corrections has set restrictions on what clothing inmates are allowed to possess in order "to minimize security risks." Gramley asserts that allowing an inmate to wear women's garments and makeup in an all-male ...

People Ex Rel. Hicks v. James-571 N.Y.S.2d 367 (NY 1991)

Case • 1991

the respondent's decision. To require exhaustion of administrative remedies in the instant case would be an exercise in futility. Moreover, and more importantly, it is for the courts to determine [***8] what ...

Jones v. Coughlin-45 F.3d 677 (2nd Cir. 1995)

Case • 1995

was an act in retaliation for his earlier complaint against Lavarnway. The determinations as to whether to credit such testimony and as to what inference to draw from the sequence of events is within ...

Bryan v. Duckworth-88 F.3d 431 (7th Cir. 1996)

Case • 1996

of Bryan's confinement, while substantially harsher than the normal conditions in his prison, were not substantially harsher than those in Indiana's most secure prison, she will then have to decide what ...

Tebbetts v. Whitson-956 P.2d 639 (Colo. CA, Div. I 1997)

Case • 1997

what items an inmate may possess. We agree with Tebbetts. Delta Correctional Center Operational Memorandum 850-6 sets forth guidelines concerning the volume and type of personal property that may ...

Hyde v. Small-123 F.3d 583 (7th Cir. 1997)

Case • 1997

, if $1 is the equivalent of losing, what about $140 or, as in this case, $500? We mention the intermediate figure because it was the amount of damages awarded by the district court in Simpson v. Sheahan ...

Jackson v. Burke-256 F.3d 93 (2nd Cir. 2001)

Case • 2001

access to his package, Jackson should be given a reasonable opportunity to explore who actually signed that name and under what circumstances. See generally Morello v. James, 810 F.2d 344 (2d Cir. 1987 ...

Greene v. Tennessee Dept of Corrections-265 F.3d 369 (6th Cir. 2001)

Case • 2001

under §2253, if applicable] apply no matter what statutory label the prisoner has given the case. (Roughly speaking, this makes §2254 the exclusive vehicle for prisoners in custody pursuant to a state ...

Mervin v. Furlong-Case No. 99-1135 (10th Cir. 2000)

Case • 2000

be sufficiently clear that a reasonable officer would understand that what he is doing violates that right. V-1 Oil Co. v. Means, 94 F.3d 1420, 1423 (10th Cir. 1996). This is not to say that an official action ...

Fountain v. Talley-104 F.Supp.2d 1345 (MD AL 2000)

Case • 2000

Fuller [79] After not being allowed to use the bathroom, Fountain was forced to defecate in his pants. Fountain told Fuller, an officer at the back gate, what had happened and Fuller responded, "I ...

Hill v. State of Alaska-297 F.3d 895 (9th Cir. 2002)

Case • 2002

court. [29] II. DOUBLE JEOPARDY [30] Hill also requests permission to file a habeas petition in district court challenging his conviction on what he styles as "double jeopardy" grounds ...

Harris v. Coweta County-5 F.3d 507 (11th Cir. 1993)

Case • 1993

are in dispute as to precisely what Hammett knew and when, and how this caused delay in Harris' medical treatment. As alleged by Harris, however, Hammett knew by November 29 that Harris needed attention as soon ...

Mukmuk v. Commissioner of Department of Correction-529 F.2d 272 (2nd Cir. 1976).

Case • 1976

judgment, generally upon the ground that what Mukmuk alleged did not sink to the indignity of constitutional violation.369 F. Supp. 245 (S.D.N.Y. 1974). Much as we sense provocation by the plaintiff, we must ...

Galloway v. Suffolk County C.F.-232 F.Supp.2d 4 (E.D. NY 2002).

Case • 2002

the plaintiff from the HIIP without providing him any written notice of why he was being removed or what review process was available to him. On December 1, 1997, which was the date that the plaintiff ...