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Case • 1998
of the restraint chair, testified that there was no chair in the cell block. (T.T. at 11-159 to 11-160.) In any event, the officers involved agree that what followed was the use of their "kick--stop restraint ...
Case • 1993
of a confidential informant. The informant only knew what had been told him by inmate Johnson. Furthermore, the reliability of Johnson's statements were not enhanced by the results of his polygraph examination [**11 ...
Case • 1995
Torcasio suffers from what he describes as "morbid obesity." He stands five feet, seven inches tall, weighs 460 pounds, and has a girth of 78 inches. His obesity, he claims, causes him a variety of physical ...
Case • 1995
. [17] The Court made explicit in Hewitt what was implicit in Greenholtz. In evaluating the claims of inmates who had been confined to administrative segregation, it first rejected the inmates' claim ...
Case • 1998
forfeiture would "make up for what I think a reasonable fine should be." Ibid. [38] The United States appealed, seeking full forfeiture of respondent's currency as provided in Section 982(a)(1 ...
Case • 2001
to relief." Fed. R. Civ. P. 8(a). The Supreme Court has stated that"the Rule mean[s] what it sa[ys]." Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 168 (1993 ...
Case • 2004
of Ky., 410 U. S. 484, 494-495 (1973) ("The writ of habeas corpus" acts upon "the person who holds [the detainee] in what is alleged to be unlawful custody," citing Wales, supra, at 574); Braden, supra ...
Case • 2004
guess. He threatened to blow my head off for going to the police over the fact that he was supplying my wife with drugs." Scott also said that at the time of the killing, "when he went for his gun, what I ...
Case • 2005
alleged "these and other acts" by the government "were so outrageous and extreme as to exceed all bounds of what is tolerated in a civilized community." Their complaint also [**14] asserted civil rights ...
Case • 2003
was to be clear about what conduct was prohibited. (11) If the distinction between extortion and coercion was to be abandoned, then such a significant expansion of the law's coverage would have to come from ...
Case • 2006
connection ' " between the Policy and " `legitimate penological interests,' " 482 U. S., at 89, 95. Dickson noted that prison authorities are limited in what they can and cannot deny or give a level 2 inmate ...
Case • 1987
arbiters of what constitutes the best solution to every administrative problem, thereby "unnecessarily perpetuat[ing] the involvement of the federal courts in affairs of prison administration." Procunier v ...
Case • 2004
in violation of paragraphs 28 and 29 of the Medical Plan. Ultimately what this means is that persons [**16] having medical conditions which require a certain level of constant oversight and attention will simply ...
Case • 2005
inmates nor disciplining medical employees is 'law enforcement' as that term is commonly understood. [60] The PDA itself does not define 'law enforcement' or state what is 'essential ...
Case • 2002
either of these questions further. [30] However, the Attorney General argues that the evidence is admissible under what is commonly known as the good faith exception to the exclusionary rule, which ...
Case • 2003
., ibid. Because the Court ordinarily defers to the legislature's stated intent, id., at 361, only the clearest proof will suffice to override that intent and transform what has been denominated a civil ...
Case • 2000
the statute means what it plainly says: prisoners may only file actions under federal law concerning their conditions of confinement after they have exhausted their prison's administrative remedies. Other ...
Case • 1998
--it does not shock the conscience--unless it meets all three of the conditions we have identified. What we refer to as a "right" is often referred to as a "protected interest." See, e.g., West v. Waymire ...
Case • 1993
the prisoners have identified a property interest that is protected under the due process clause and gives rise to a claim under 42 U.S.C. § 1983. We must also determine to what extent the prisoners' claims ...
Case • 2002
of services they have provided, the fact that the City defendants may have said they intended to provided five and one-half hours of instruction per day is irrelevant to the determination of what ...
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