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Case • 2004
] Finally, defendants contend that plaintiff has failed to specify what, if any, evidentiary void was created by the alleged loss of the bag of torn papers. Destruction of a prisoner's personal writings ...
Case • 2003
in which Mr. Huss was held prior to this Court's finding under 2.22(8) is understandable, because at that point the warden was not aware of what the expert's opinion was with regard to mental illness ...
Case • 2007
and procedures surrounding what had come to be known as 'Pitchess motions' . . . through the enactment of Penal Code sections 832.7 and 832.8 and Evidence Code sections 1043 through 1045."*fn6 (City of Santa Cruz ...
Case • 2003
did not hear what was said and cannot remember anyone's name), and the fact she had been staffed on the unit (the "best housing unit in the whole joint") longer than the typical 90 day shift. [See ...
Case • 2003
) whether plaintiffs possessed a protected liberty or property interest, and, if so, (2) what process plaintiffs were due before they could be deprived of that interest. See Ciambriello v. County of Nassau ...
Case • 2005
. at 673 (accused did not invoke right to remain silent where he did not answer the question, 'what happened next,' but shortly thereafter answered a different officer's question without hesitation ...
Case • 2005
). What the appropriate disposition of these claims is will depend on whether they can be said to have been fairly raised in the original complaint (a question complicated by the fact that this is a pro se ...
Case • 2005
. Relying in part on what they were told by Bailey and Ross, the investigators filed a report concluding that the officers had acted appropriately. This report, containing the false statements ...
Case • 2005
to work cooperatively with the sales group. [22] Alaiyan believed that this was pretense and that he was actually discharged for objecting to what he claimed were deceptive accounting practices. He ...
Case • 1972
district judges who sentence defendants to federal prisons when not engaged in deciding what the Fourteenth Amendment means for state prisons. I make this observation with respect and sympathy for my ...
Case • 2003
judgment regarding what functions are essential for service in a particular position." [37] D'Amico v. City of New York, 132 F.3d 145, 151 (2d Cir. 1998) (citing Doe v. New York Univ., 666 F.2d 761 ...
Case • 2003
Williams's home. Williams chased Thomas and tackled and handcuffed him. He then took Thomas home, requested that Thomas not to tell anyone what had happened, and asked Thomas to call him later. Thomas told ...
Case • 1999
. But we must follow Circuit case law come what may. Because our holding applies regardless of the collateral consequences flowing from plaintiff's punishment (such as a smaller chance of being paroled ...
Case • 1993
that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 107 S. Ct. 3034, 3039, 97 L. Ed. 2d 523 (1987). The plaintiff bears the burden of showing that the constitutional right ...
Case • 1993
, for on what grounds could such a decree possibly be based? The movants do not, here at least, challenge the new policy on constitutional grounds, hence their motion for a finding of contempt and other relief ...
Case • 1993
, an Assistant Attorney General in the Credit and Bankruptcy Division of the Department of Justice, and suggested Hicks "consider suing plaintiff to recover what he owed to the Department of Corrections prior ...
Case • 2005
and the method of delivering those services. In recognition of this fact, the presiding judge of the local court is granted authority under the rule to determine what services will be offered and how ...
Case • 1991
one. To be clearly established "the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right . . . [and] that in the light ...
Case • 2004
to undergo an evaluation to determine what kind of treatment would be appropriate for him or her. See COLO. REV. STAT. § § 16-11.7-104, 16-11.7-105. For a sex offender to be eligible for release on parole ...
Case • 2005
. If the defendant provides such a reason, the burden shifts back to the plaintiff to show the employer's reason is actually a pretext for what, in fact, is a discriminatory purpose. Hill, 144 Wn.2d at 182; Grimwood v ...
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