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Case • 1999
, Scott Tucker, Robert Tucker's brother, sat down at a table with Giroux and communicated a veiled threat to Giroux and two other inmates, Tony St. Pierre and Wayne Curtis, telling them that they were lucky ...
Case • 1998
challenges because they involve questions of law. Little v. All Phoenix S. Community Mental Health Ctr., 186 Ariz. 97, 919 P.2d 1368 (App. 1996). [16] ¶5 Fourteenth Amendment equal protection analysis ...
Case • 1989
), aff'd in part, withdrawn in part, vacated in part, 865 F.2d 181 (8th Cir.), cert. denied, 490 U.S. 1027, 109 S. Ct. 1760, 104 L. Ed. 2d 196 (1989). Count 5 alleged that the internal communication system ...
Case • 1996
contraband in his hair. However, Phipps' request is limited and the injunction would only apply to him. An injunction such as this would not present a substantial harm to defendants or the community if certain ...
Case • 1995
there is no allegation of actual injury. Under Carey v. Piphus, 435 U.S. 247, 55 L. Ed. 2d 252, 98 S. Ct. 1042 (1978), and Memphis Community School District v. Stachura, 477 U.S. 299, 91 L. Ed. 2d 249, 106 S. Ct. 2537 ...
Case • 1993
inmates' ability to prepare or assist in their legal defense, d) restrictions placed on inmates' communications and access to law books amounted to a denial of access to the courts and counsel, e ...
Case • 1994
by the granting of the injunction. Asseo v. Centro Medico del Turabo, 900 F.2d 445, 454 (1st Cir. 1990) (quoting Women's Community Health Ctr., Inc. v. Cohen, 477 F. Supp. 542, 544 (D. Me. 1979)). a. Irreparable ...
Case • 1995
, and as such had to be evaluated under the strict scrutiny standard. Courts have consistently distinguished between the rights of prisoners to communicate by way of mail and the ability of prisoners to receive ...
Case • 1999
an inmate's communication can . . . require the officer to exercise his or her authority and to take the needed action to investigate, and if necessary, to rectify the offending condition."). [36 ...
Case • 1999
favorable to the party opposing the motion. See Ross v. Communications Satellite Corp., 759 F.2d 355, 364 (4th Cir. 1985). Finally, summary judgment is not appropriate if the resolution of material issues ...
Case • 1999
that it could and would continue to impose a restriction on communication between Morales and his sister-in-law even during his parole in the absence of a court order; and (2) "there is always the possibility ...
Case • 1991
The request for relief under Rule 12(b)(1) is erroneous in any event, and should be treated as a motion to dismiss under 12(b)(6) for failure to state a claim. See Carter v. Norfolk Community Hospital ...
Case • 1996
of due process. The notice of decision explains why Watson failed to qualify for parole: 1) he had an extensive and repetitive criminal history; 2) the opportunities afforded him under community ...
Case • 1996
bounds of decency' and was 'utterly intolerable in a civilized community'; (3) the actions of the defendant were the cause of the plaintiff's distress; and (4) the emotional distress sustained ...
Case • 1994
to Mule Creek State Prison, a medium security facility in Amador County. The order was prompted by a direct communication from the Director of Corrections, Defendant James Gomez, n8 to move Plaintiff ...
Case • 1997
of the Acts, the ALJ relied upon recent Supreme Court decisions interpreting that term in other statutes applied outside of the prison context. In Community for Creative Non-Violence v. Reid, 490 U.S. 730, 739 ...
Case • 1998
a "nonviolent offense." Martin further claimed that the denial of the one-year reduction in his sentence, access to community programs, and good time credits violated his rights to due process and equal ...
Case • 1997
Amendment, BOP staff have rejected several publications addressed to prisoner Plaintiffs. Plaintiffs Playboy Enterprises, Inc., General Media Communications and Periodical and Book Association of America, Inc ...
Case • 1997
. Henderson, 940 F.2d 465, 471 (9th Cir. 1991); Sischo-Nownejad v. Merced Community College Dist., 934 F.2d 1104, 1112 (9th Cir. 1991) (stating that discriminatory intent can sometimes be inferred by mere fact ...
Case • 2001
to report and pay probation fees). He called a police communications operator, Shirley Shook, for verification of the warrant and was told that the warrant was for Ms. Young. In actuality, this warrant ...
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