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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 ...

Merriweather v. Sherwood-235 F.Supp.2d 339 (SD NY 2002).

Case • 2002

not warrant a digression from a plain reading of the statute's language. The issue of what process an individual is due only arises after a deprivation of certain substantive rights-life, liberty, or property ...

Aceto v. Kachajian-240 F.Supp 121 (D Ma 2002).

Case • 2002

. She did not, however, provide him with the telephone numbers. Lavoie told her that she was not going to tell the officers what to do; she responded that she was not going to let them hurt her ...

Spears v. McCotter-766 F.2d 179 (5th Cir. 1985)

Case • 1985

beneath the conclusional allegations; to reduce the level of abstraction upon which the claims rest; to ascertain exactly what scenario the prisoner claims occurred, as well as the legal basis for the claim ...

Pepperling v. Crist-678 F.2d 787 (9th Cir. 1982)

Case • 1982

Court's obscenity decisions do not draw a bright line between non-obscene and obscene material; however, it is clear from those decisions that what may be sexually explicit is not necessarily obscene ...

Hrbek v. Farrier-787 F.2d 414 (8th Cir. 1986).

Case • 1986

such conditions to the granting of the favor as it deems proper. Id. This is exactly what the Iowa Legislature has chosen to do by enacting sections 218.42 and 218.43, and we infer from that express statutory ...

Mahfouz v. Lockhart-826 F.2d 791 (8th Cir. 1987).

Case • 1987

eligibility for the work release program, while not excluding inmates convicted of what he feels are equally or more serious offenses. The district court determined that Mahfouz's claims were without merit ...

Hunafa v. Murray-907 F.2d 46 (7th Cir. 1990).

Case • 1990

to give up several meals a week in order to avoid defilement considerably more palpable than what prisoner Kahey sought to avoid. She wanted to be sure she did not eat any food that had been cooked ...