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State v. Harper-275 Kan. 888, 69 P. 3d 1105 (Kan.App. 2003).
Case • 2003
is plain and unambiguous, the court must give effect to the intention of the legislature as expressed, rather than determine what the law should or should not be. Stated another way, when a statute is plain ...
Rossignol v. Voorhar-316 F.3d. 516 (4th Cir. 2003).
Case • 2003
things" about the sheriff's deputies' performance, including what they "buy for the agency, equipment, [and] positions [they] ask for." Nor was this just "one article"; it was constantly, "week, after week ...
Hill v. Selsky-19AD.3d64, 795 NYS.2d 794 (NY SCT. App. Div. 3rd D
Case • 2005
was obliged to personally interview the potential witnesses to try to determine what caused them to change their minds. Petitioner's right to call witnesses was not adequately protected by third-person ...
Pace v. Oliver-634 F.2d 302 (5th Cir. 1981)
Case • 1981
; we follow this treatment. [38] *fn3 Our conclusions are supported by another question and a partially inaudible answer by Chancery in the district court hearing: Q What was your response ...
Del Raine v. Carlson-904 F.2d 38 (7th Cir. 1990).
Case • 1990
diligence in serving a defendant, or, what is the equivalent inquiry, has shown good cause for missing the 120-day deadline [see Fed. R. Civ. P. 4(j)], is a discretionary determination entrusted ...
Chappell v. Wallace-462 U.S. 296, 103 S. Ct. 2362, 76 L. Ed. 2d 586 (1
Case • 1983
to [military] service' what under other circumstances would be an actionable wrong." Id., at 138. The Court held that, even assuming the Act might be read literally to allow tort actions against the United ...
Venegas v. Mitchell-495 U.S. 82, 110 S.Ct. 1679, 109 L.Ed.2d 74 (1990)
Case • 1990
to pay the lawyer the statutory award, i.e., a reasonable fee, if the case is won. But there is nothing in the section to regulate what plaintiffs may or may not promise to pay their attorneys if they lose ...
Corpus v. Estelle-551 F.2d 68 (5th Cir. 1977)
Case • 1977
on the basis of any tangible evidence what alternatives exist for the non-English speaking or functionally illiterate inmates notwithstanding the existence of the TDC staff attorney program. The Court can only ...
Gillespie v. Crawford-833 F.2d 47 (5th Cir. 1987)
Case • 1987
the recent Supreme Court decisions limiting section 1983 actions that allege damages resulting form due process clause violations by prison officials are not apposite. Instead, it is necessary to examine what ...
Ex Parte Hull-312 U.S. 546, 61 S.Ct. 640 (1941)
Case • 1941
for writ of habeas corpus addressed to a federal court is properly drawn and what allegations it must contain are questions for that court alone to determine. Compare First National Bank v. Anderson, 269 U.S ...
Kimbrough v. O'Neil-542 F.2d 1059 (7th Cir. 1976)(en banc)
Case • 1976
is in harmony with the decisions in other Circuits. (footnotes omitted). I am uncertain what "reckless disregard" means in this context. Is it something less than an intentional act, yet something more than ...
State ex rel. Schuetzle v. Vogel,-537 N.W.2d 358 (N.D. 1995).
Case • 1995
. We first explain what is not present in this case. We are not faced with an individual in a persistent vegetative state who can be kept alive only by extraordinary means, or one who is in the last ...
Marquez v. Gutierrez-322 F.3d 689 (9th Cir. 2003).
Case • 2003
Perez, and what Gutierrez saw, we may assume these disputed facts in Marquez's favor in order to decide whether qualified immunity was properly denied. Id. [21] III. [22] [1] Following ...
Bond v. Aguinaldo-228 F.Supp.2d 918 (WD Ill. 2002).
Case • 2002
the requisite expertise, they must necessarily place their confidence in the reports of the prison doctors whenever an inmate disputes a medical opinion as to what treatment is necessary and proper ...
United States v. Wallace-673 F.Supp. 205 (SD TX 1987)
Case • 1987
the mark. First, the court was called upon to determine what proof is required to prove a violation of 42 U.S.C. § 1983. That is not the issue presented to this Court. Second, to the extent ...
Daigre v. Maggio-719 F.2d 1310 (5th Cir. 1983)
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 ...
Rowland v. US District Court-849 F.2d 380 (9th Cir. 1988)
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 ...
Lopez v. Williams-59 Fed.Appx. 307 (10th Cir. 2003).
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 ...
Pierre v. Washington State Board of Prison Terms a-699 F.2d 471 (9th Cir. 1983)
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 ...
Sanders v. Kingston-53 Fed.Appx. 781 (9th Cir. 2002).
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 ...
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