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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 ...
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 ...
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