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Brief • 2012
pursuant to 28 U.S.C. § 1391(b). All parties reside within the District of Oregon, and the events described in this Complaint occurred in the District of Oregon. PARTIES 6. The American Civil Liberties ...
Brief • 2006
as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(c); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986); Orson, Inc. v. Miramax Film ...
Brief • 2010
. §§ 1331 and 1343. 3. Venue is established in this judicial district under 28 U.S.C. § 1391(b) in that the events giving rise to this claim occurred in this district. PARTIES 4. Plaintiff Alana Crutcher ...
Brief • 2012
is to afford recovery for this element of damage for the living rather than the dead. Id. On the other hand, 42 U.S. C. §1983 does not provide for the survival of civil rights actions. It is established ...
Brief • 2010
indicated that no reply brief was forthcoming. For the following reasons, the County’s Motion to Dismiss will be DENED. STANDARD OF REVIEW A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b ...
Brief • 2006
pursuant to 28 U.S.C. 4 section 1391(b)(2). m. I~TRODUCTION 5 6 3. The amputation of the right middle finger of Plaintiff ANTHONY 7 GONZALES (hereinafter "Plaintiff') following a severe infection ...
Brief • 2010
. §§ 1391(b)(2), venue in this Court is proper because a substantial part of the events giving rise to the claim occurred in this district. 3 PARTIES 13. Plaintiff Andre D. Cooley is a resident ...
because “pigs can’t sweat.” Elizabeth Koh, “Climate-controlled Swine Buildings Dismay Inmates’ Advocates,” Texas Tribune, Aug. 16, 2013 (attached as Exhibit 4(b)). Likewise, Plaintiffs’ complaint alleges ...
Brief • February 4, 2011
Defendants in an amount to be determined at trial B. Grant punitive damages against Defendants, as permitted by law, in an amount to be determined at trial; C. Grant Plaintiffs reasonable attorney’s fees ...
and the Rehabilitation Act. 38. Plaintiffs are entitled to reasonable attorneys’ fees, costs, and litigation expenses, pursuant to 42 U.S.C. §12205 and 29 U.S.C. §794a(b). JURY DEMAND 39. Plaintiffs respectfully request ...
Brief • August 22, 2019
scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue; (b) the testimony is based on sufficient facts or data; (c ...
Brief • 2007
and security are ensured at N.C.C.C. in a more cost effective manner. Mr. Reilly avers that he complied with 9 NYCRR 7003.4(b)(2)(1) which authorizes the chief administrative officer of a correctional facility ...
Brief • 2011
the attorney and any other party."). See also TEx. FAM. CODE 231.104(a)-(b) (assigning a parent's child support rights to the "the Title IV-D agency") and TEx. FAM. CODE 231.001 (designating office ...
Brief • 2011
of the plaintiff class; (b) Award plaintiffs the costs of this action including reasonable attorney’s fees; and 10 Case 3:11-cv-30223-MAP Document 1 (c) VII. Filed 09/15/11 Page 11 of 11 Award whatever ...
Brief
. 4.1 VENUE The events giving rise to this lawsuit occurred in Snohomish County, 13 Washington. Venue is proper in this district under 28 U.S.C. §1391(b). 14 V. 15 16 17 18 19 20 FACTS Plaintiff ...
Brief • 2010
adverse parties and the amount in controversy exceeds 8 9 10 11 12 the jurisdictional amount under 28 U.S.C. § 1332. 3. Venue is proper in this jurisdiction under 28 U.S.C. § 1391(b) because all ...
Brief • 2009
, the claims against the SOH faiL. B. "Special Duty" Does Not Save Plaintiffs Claims. Plaintiff argues that her claims against the SOH are viable because the SOH inmates out of owed her a special duty ...
Brief • 2011
as a matter of law.” Fed. R. Civ. P. 56(c). When reviewing a motion for summary judgment, the facts and any reasonable inferences drawn from the facts must be viewed in the light most favorable to the nonmoving ...
Brief • 2007
(as amended), the State Controller may withhold debts owed to State agencies under the vendor offset intercept system for: (a) unpaid child support or child support arrearages; (b) unpaid balance of tax ...
conduct would be clearly unlawful.” Saucier v. Katz, 533 U.S. 194, 202 (2001). Defendants therefore aren’t entitled to qualified immunity. B. Fourteenth Amendment Parents “have a Fourteenth Amendment ...
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