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Case • 1986
standing in the control room when they first heard the screams from C Range. The plaintiff himself provides the only testimony [**9] regarding what transpired between the time that Jones left the lobby of K ...
Case • 1987
of what occurred. The defendant Lockhart, who was not present during the incident and apparently had no personal knowledge of or involvement in it, testified about the pepper fogger and other ways ...
Case • 1975
"in the nature of mandamus" in § 1361 do mean something, very likely what the Supreme Court had said only four years before the statute was passed, Panama Canal Co. v. Grace Line Co., Inc., 356 U.S. 309, 317-18, 2 ...
Case • 2002
that the complaint give the defendants fair notice of what the claim is and the grounds upon which it rests"); see also Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit, 507 U.S. 163, 168, 113 ...
Case • 1979
, we feel that Owens does state what may be a valid claim as a beneficiary of the contract which should not have been dismissed. [49] Since Owens should have been allowed limited discovery ...
Case • 2002
, and the Ex Post Facto Clause. [20] II. Discussion [21] A. Interpretation of 42 U.S.C. § 14135a (a)(2) [22] Whether the Act applies to defendant depends on what the meaning of "has been ...
Case • 1987
that the search [would] uncover or recover a weapon or a controlled substance" because [26] number one, he was intoxicated, and there was no way to tell what he was intoxicated from or what combination ...
Case • 1986
affirming the magistrate's judgment as it applies to disciplinary "tight celling," we must clarify what process is due. The magistrate did not distinguish between the procedures that Wolff requires (which ...
Case • 1990
examples are described in the text of this memorandum where pertinent. [**3] Mr. Faulkner presented twelve pieces of what he claims to have been legal mail that was opened outside his presence. He ...
Case • 1988
. [49] Comparing the Whitley standard with the instruction as given, it is apparent that the instruction incorrectly defined the standard of liability. What is missing from the instruction ...
Case • 2000
. (Order of 1/25/74, at 2-3.) The court declined to express "an opinion as to what may constitute a satisfactory legal library." Id. at 2. The court ordered Defendants to submit a comprehensive plan ...
Case • 2004
, and MDOC's documented reason for censoring the item is too conclusory to support a judgment in its favor on this issue. We recognize and defer to the expertise of prison officials on what is likely ...
Case • 2002
, and to what extent, if any, Plaintiff and the correctional officials generally followed the procedure which applies to allegations of harassment. In addition, Plaintiff's requested discovery would be relevant ...
Case • 2003
factual allegations (with reasonable inferences drawn favorably to Plaintiffs) in the complaint as true"). Because we must accept the allegations of plaintiffs' amended complaint as true, what we set out ...
Case • 2000
that is not a tenet of other religions; is that what - [18] A: Due to the fact that I don't have anybody to teach me the true doctrines. I'm - I'm learning on my own so I have to learn precept by precept. [19 ...
Case • 2001
not to change a particular aspect of existing law, that appears to be precisely what Congress did here. [27] The prisoners' second argument is that even if the PLRA's exhaustion requirement applies to RFRA ...
Case • 2001
for more than 90 days. Davenport v. DeRobertis, 844 F.2d 1310, 1313 ("[T]he record shows, what anyway seems pretty obvious, that isolating a human being from other human beings year after year or even month ...
Case • 2001
the nature and content of what the Plaintiff next said, it is undisputed that he began to loudly call out to the magistrate, requesting that he [**3] be given an unsecured bond. While he called out ...
Case • 2002
. The Court is totally out of patience with the persistent assurances and promises that compliance will be achieved. Defendants must do what is necessary to comply with their obligations, and they must do ...
Case • 2003
-contraband materials. The parties dispute what happened at this point: the government maintains that Ortloff declined to inventory his property, whereas Ortloff states that the property officer refused ...
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