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Case • 2001
" of Publisher's right to send and Prisoners' right to receive subscription non-profit organization standard mail were not "sufficiently clear that a reasonable official would understand that what he [was ] doing ...
Case • 2000
as a consequence of the label. Hence, the focus becomes whether what was taken away as a consequence of the label is simply a privilege, as the CDOC maintains, or something of value. Under the former view ...
Case • 2000
, the state cannot later complain that it does not want to be in federal court after all. See 179 F.3d at 758-59. Other circuits [**9] are split as to what overt acts will constitute a waiver. See Sutton v ...
Case • 2000
interest based on traditional principles of property law was taken. His property interest was that given by statute, and the State never took from him what was created by statute. Therefore ...
Case • 2000
of these minima has been more specifically described as encompassing two subsidiary requirements." Id. The court then went on to specify what a plaintiff must prove in order to show a sufficiently serious ...
Case • 2000
Court did not mention McGinnis when it decided Bearden. Finally, we do not know, of course, what the Supreme Court would have held had it analyzed McGinnis under the Bearden standard. MacFarlane, 179 F.3d ...
Case • 2003
, subdivision (b), is `difficult to interpret and apply.' [Citation.] As we have noted, in what is surely an understatement, `[c]redit determination is not a simple matter.' " (Id. at pp. 874-875.) [24] We ...
Case • 2003
of and guidance regarding Kansas statutes and regulations in what is known as an Internal Management Policy and Procedure ("IMPP") Manual. IMPP 11-101 addresses KDOC's Offender Privileges and Incentives System ...
Case • 2003
." ' " (Buckhalter, supra, 26 Cal.4th at p. 29, quoting People v. Bruner (1995) 9 Cal.4th 1178, 1195, quoting In re Joyner (1989) 48 Cal.3d 487, 495.) [28] Petitioner contends she should not be subject to what ...
Case • 1998
challenges to his parole eligibility date in habeas? Did he need to obtain a certificate of appealability pursuant to the newly enacted AEDPA? What effect does his release have on the justiciability of his ...
Case • 1995
to punish convicted felons" but rather was enacted "out of concerns of public safety," there was no constitutional violation. Id. at 697, 524 N.W.2d at 641. The Thiel court considered what constitutes ...
Case • 1994
process claims, the deprivation by state action of a constitutionally protected interest in "life, liberty, or property" is not in itself unconstitutional; what is unconstitutional is the deprivation ...
Case • 1994
[is] sufficiently clear [so] that a reasonable official would understand that what he [or she] is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987). [**8 ...
Case • 1996
, the cause of the problem was that the Plaintiff had transposed the telephone number on the form. The record does not indicate what caused Stroud's other problem. Calls by Stroud to a certain telephone number ...
Case • 1996
. . . may be created pursuant to regulations approved by this court."). These cases limn this Circuit's definitions of what deprivations are "short-term" or when a longer-term restriction is "reasonable ...
Case • 1993
, may constitutionally deprive a student of protected interests after telling the student what he is accused of doing and "informally discussing the alleged misconduct with the student minutes after ...
Case • 1994
by state action of a constitutionally protected interest in "life, liberty, or property" is not in itself unconstitutional; what is unconstitutional is the deprivation of such an interest without due process ...
Case • 1999
, "a due process hearing helps to ensure that disciplinary punishment is what it purports to be, rather than punishment in advance of conviction for the crime that led to detention--the evil condemned ...
Case • 1996
election as IGRC representative in late February 1990, Alnutt was housed at Wende in what was referred to as the "Honor Block." Prior to his election he had never been cited for any disciplinary violations ...
Case • 1994
that entire process, and merely reflects the judgment of the Utah legislature as to what the appropriate limitations period for section 1983 actions should be. That is inconsistent with the rule that federal ...
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