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Case • 2001
little to dispel this suggestion, particularly as the City is apparently unable to articulate what its strip-search policy was at the time Ford was arrested. Thus, I find that Ford has introduced ...
Case • 2001
lying in the cell and appeared to have been in a fight. He was taken to Danbury Hospital and was pronounced dead later that evening. There is substantial dispute between the parties regarding what ...
Case • 2003
quotation marks omitted). Moreover, "we must presume that Congress said what it meant and meant what it said." Id. (internal quotation marks omitted). [54] *fn11 The district court concluded that § 1997e ...
Case • 2003
acting on his behalf."); see also Hathaway II, 99 F.3d at 551-52. Here, it was clear to everyone what was causing plaintiff's pain, but unclear for long periods what to do about it. Moreover, the delays ...
Case • 2000
of the record to determine what facts the district court, in the light most favorable to the non-moving party, likely assumed." Behren v. Pelletier, 516 U.S. 299, 313 (1996). Having performed the requisite record ...
Case • 1981
, without precluding assessing liability against the sheriff for what, by not investigating, he may have ratified. Thus, the line drawn is more precisely discerned, though perhaps less in step with the letter ...
Case • 1983
recently has summarized and reaffirmed the standards applicable for determining what conditions of confinement are constitutionally impermissible as "cruel and unusual." See Rhodes v. Chapman, 452 U.S. 337 ...
Case • 1982
no witness to the fact that Williams' counsel volunteered their services. What the record does bear witness to is the fact that Williams' counsel was appointed by the district court judge ...
Case • 2005
, and second, because it illustrates the tension between what should be the touchstone of any penal systemrehabilitationand a convicted sex offender's rights against self-incrimination under the Fifth Amendment ...
Case • 2005
was the medically appropriate course of treatment for plaintiff's hepatitis C regardless of what the Guideline implied. [47] In addition, contrary to what the defendants contend, there is ample reason here ...
Case • 2005
to the judgment of Congress" in deciding what constitutes "the general welfare," id. at 207, going so far as to suggest that the "general welfare" restriction might not be "judicially enforceable . . . at all." Id ...
Case • 2005
to the emergency room of St. Ann's Hospital. [19] At the time of his deposition, Johnson did not have a good memory of what took place during that emergency room visit. However, he did remember a female ...
Case • 2005
corrections agency." Neither does the statute contain any substantive criteria concerning what the department may and may not place in and [***16] measure by the scale. Subsection (2) simply directs the board ...
Case • 2000
. 1996) (internal citations omitted). What Zentmyer does not have to do is produce a direct admission of deliberate indifference from Pfister. As is true for everything else in the case, circumstantial ...
Case • 1987
delivery of material under the new mail policy. Memorandum order at 11-12. The district court ordered that "to protect the inmates' procedural due process rights," prison officials were to implement what ...
Case • 1990
in the prison -- cannot establish county policy. Although we do not know what rules limit Lawson's discretion to act, the silence of the record does not aid the respondent. It is Johnson who bears the burden ...
Case • 1997
, and is not a rational response to those other non-medical concerns. P35. I see no reason whatever for retreating from what we said in Womble, and reiterated in Sullivan v. Sumrall, 618 So. 2d 1274 (Miss. 1993). What we ...
Case • 1972
that each appellant has undergone solitary confinement in what is known as the adjustment and training building (A & T) within the confines of the penitentiary. [12] James has been continuously ...
Case • 1985
. Warden, Wyoming States Penitentiary, 401 U.S. 560, 91 S. Ct. 1031, 28 L. Ed. 2d 306 (1971) is misplaced. The officer was confronted with what he could not ignore, Brooks' personal identification. Terry v ...
Case • 1979
law governs. However, he now asserts that having established his qualified immunity by virtue of asserting that his questioned decisions were made as director of the prison based on what he perceived ...
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