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Asherman v. Meachum-932 F.2d 137 (2nd Cir. 1991)

Case • 1991

crack in what appeared to be a closing door to the federal courthouse for state prisoners who had procedurally defaulted. See Rosenberg, Kaddish for Federal Habeas Corpus, 59 Geo. Wash. L. Rev. 362, 372 ...

Benter v. Peck-825 F.Supp 1411 (SD Iowa 1993)

Case • 1993

be sufficiently clear that a reasonable official would [**22] understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987). Even ...

Murphy v. Walker-51 F.3d 714 (7th Cir. 1995)

Case • 1995

and fell while taking a shower at the Mason County Jail, sustaining what he describes as a severe head injury. He alleges that the shower had no rails, floor mats, or other safety devices, making it unsafe ...

Isby v. Bayh-75 F.3d 1191 (7th Cir. 1996)

Case • 1996

the facts "in the light most favorable to the settlement." Id. [42] The district court properly recognized that the first factor, the relative strength of plaintiffs' case on the merits as compared to what ...

DeGidio v. Pung-920 F.2d 525 (8th Cir. 1990)

Case • 1990

court's decision to reduce the amount of the requested fees and costs. The district court must determine what fee is reasonable after deciding that a plaintiff qualifies as a prevailing party. Hensley v ...

Thomas v. Brown-824 F.Supp 160 (ND IN 1993)

Case • 1993

observed: 'The infliction of punishment is a deliberate act intended to chastise or deter. This is what the word beans today; it is what it meant in the eighteenth century . . . . If [a] guard accidentally ...

O'Malley v. Sheriff of Worcester Co.-612 N.E.2d 641 (Mass. 1993)

Case • 1993

U.S. 215, 226-227 (1976). Montanye v. Haymes, 427 U.S. 236, 242 (1976). Once a liberty interest has been established, a court must next determine what procedural safeguards are necessary to satisfy ...

Howard v. Grinage-82 F.3d 1343 (6th Cir. 1996)

Case • 1996

no longer addresses what process was due and whether it was constitutionally sufficient, but whether the decision to deprive was itself constitutionally defective. See Loudermill, 470 U.S. at 541-42. It would ...

Roe v. Office of Adult Probation-125 F.3d 47 (2nd cir. 1997)

Case • 1997

categories were intended to be so limited is not clear. What is clear, and relevant to this case, is that the OAP has interpreted the third category to apply to probationers without regard to their dates ...

Saunders v. Horn-960 F. Supp. 893 (ED PA 1997)

Case • 1997

no guidance on the question raised by the case because "there is no doubt what the intent of Congress was: to extend the application of the ADEA to the States." Id. In Gregory v. Ashcroft, 501 U.S. 452, 115 L ...

Luedtke v. Gudmanson-971 F. Supp. 1263 (ED WI 1997)

Case • 1997

, the court cannot determine how the plaintiff thinks sec. 973.155 was violated. The court would have to invent fact scenarios because the plaintiff does not allege what sentence credit was due to him and how ...

Daniels v. Loizzo-986 F. Supp. 245 (SD NY 1997)

Case • 1997

of such evidence amounts to nothing more than a veiled attempt to do what Rule 404(b) prohibits -- introduce bad acts evidence to show a propensity to commit such acts. See Berkovich, 922 F.2d at 1022. Accordingly ...

Parham v. Johnson-126 F.3d 454 (3rd. Cir. 1997)

Case • 1997

to comprehend what he has to prove when the legal issue is understandable. [49] However, comprehension alone does not equal ability to translate that understanding into presentation. While the ultimate issue ...

Jackson v. Florida Department of Corrections-790 So.2d 381 (Fla. 2001)

Case • 2001

) to determine what documents have been destroyed and what documents have not been destroyed. Again, under the statute, all this must be done before this Court can even begin to examine the merits of the petition ...

In Re Garcia-106 Wn.App. 625, 24 P.3d 1091 (Div. 1 2001)

Case • 2001

, 855 F. Supp. 303, 308 (C.D. Cal. 1994) (finding no Establishment Clause violation where a person convicted of drunk driving had a choice over what programs to attend in order to satisfy probation terms ...

State v. Endicott-245 Wis.2d 607 (Wis. 2001)

Case • 2001

that the PLRA "illustrates that the legislature intended to address the costly problems caused by prisoner litigation more expansively than the federal law). As Judge Easterbrook queried in Perez: "What's ...

State of Ohio v. Eppinger-91 Ohio St.3d 158 (Ohio 2001)

Case • 2001

of appeals observed that eight of the statutory factors involve what may be considered "old conviction data," which may be found in the court's file. Yet, at defendant's hearing, [***16] the state simply ...

Bahrampour v. Lampert-356 F.3d 969 (9th Cir. 2004)

Case • 2004

, and where a woman has locked a man's torso in what is described as "Painful, Erotic Domination." We conclude that there is no genuine issue of material fact in dispute as to whether the regulations prohibit ...

Shore v. Gurnett-122 Cal.App.4th 166 (2004)

Case • 2004

of approximately $8,000, and a savings account with a highest balance of "a couple of thousand dollars." She did not know what balances those accounts held as of the time of her deposition or the status of those ...

Drennon v. Craven-2004 Ida. App. LEXIS 78

Case • 2004

in prison. As we have said, the parole commission has broad discretion in making parole determinations, and its decisions often involve no more than informed predictions about what would best serve ...