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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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