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Case • 1996
, Mr. Dorsey's account differs substantially from that of the defendants on what happened midway through the transfer when he saw his new cell and began resisting the officers' efforts. His affidavit ...
Case • 1993
understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 639, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987). Foulks alleges that the defendants were deliberately indifferent ...
Case • 1995
it decided the defendants' summary judgment motion without compelling the defendants to comply with Seltzer-Bey's discovery requests. Seltzer-Bey did not, by affidavit or otherwise, identify what facts he ...
Case • 2001
bears a rational relation to a legitimate penal interest. May v. Sheahan, 226 F.3d 876, 882 (7th Cir. 2000). The state appears to take the position in its briefs that, no matter what IDOC's usual policy ...
Case • 2005
) (citing In re Post Sentencing Review of Charles, 135 Wn.2d 239, 245, 955 P.2d 798 (1998)). When the meaning of a statute is clear on its face, we assume that the legislature means exactly what it says ...
Case • 1989
segregation, Missouri State Penitentiary Regulation 20-212.040, and conclude in disagreement with the district court they do create a protectible liberty interest. The regulations set forth in what ...
Case • 2001
to Section 1983, Berdine seeks compensatory and punitive damages for what he describes as the defendants' "callous indifference" to his constitutional rights. The Court has previously assessed -- and Berdine ...
Case • 2007
remedies "available." Id. at 2387-93. In Spruill, we held "that prison grievance procedures supply the yardstick" for determining what steps are required for exhaustion. 372 F.3d at 231. Here, as in Spruill ...
Case • 2007
and refusal to obey a direct order*fn1. The report stated that three correction officers observed "two combatants lunging back and forth at each other, with what appeared to be weapons in hand." Following ...
Case • 2007
at length in Luepke, we cannot speculate as to the persuasive ability of anything O'Hallaren may have said in his statement to the court. For the sake of argument only, we consider what O'Hallaren may have ...
Case • 2008
. Appellant argues that his constitutional right to confrontation was violated when the State introduced these Board of Pardons and Paroles certificates that contained what he asserts are testimonial statements ...
Case • 2003
understandable [**4] considering both incidents involve the fifteen book inmate rule and what Plaintiff alleges as a continuing violation of his freedom of religion. It certainly appears Plaintiff's motion seeks ...
Case • 2001
there is no attempt to explain what is meant by "game," and because it prohibits a tremendous number of innocent and even desirable activities in venues specifically designed for those purposes, such as schoolyards ...
Case • 2001
give me a brief description of what his actions were or any participation in this action as far as the riot, and Level 1, Code 8 riot? [18] A: I have no documentation on, if this inmate had blood ...
Case • 2000
that it was a violation of Defendants' policy to place a violent, sentenced inmate, who had a "hold" n1 on himself, in the same cell as Plaintiff. n1 Plaintiff does not elaborate on what a "hold" is. Defendants aver ...
Case • 1994
. 671, 672 (1994). II. After receiving the Court's mandate, we requested both parties to submit legal memoranda stating what actions they believed to be appropriate. n1 Fontroy suggests that we reverse ...
Case • 1998
. Now, we have only gotten through the first day of the injury, what did you do for that night? [13] "A. Cried. I mean period. That's it. Laid up in that bed and cried." [14] The next day ...
Case • 2001
to be considered is conduct during incarceration. The section goes on to bar or limit early release for those convicted of certain crimes (not including domestic battery), similar to what the legislature does when ...
Case • 2009
for review and approval. What made the Davis situation fundamentally different from a claim concerning the amount of payment was that the district court had not taken action to process the interim vouchers ...
Case • 2009
and others then have the right not only to call him by that other name, but to create and file documents under that name. Tiggs had the initial control after the name change to dictate what name he was going ...
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