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Case • 2004
that it does not. What about the individual driving from New York to California who stops to buy a candy bar in Grand Island? Does [that person] have standing? How about the person in Montana who orders some ...
Case • 2001
his teeth against the bed while he was being handcuffed. He declined medical treatment for this as well. The officers did not inform their supervisors or jail personnel of what they had observed ...
Case • 2001
was incarcerated. Nor has he explained to the court in what manner the written policy affected his constitutional rights. The mere fact that a rather elastic and later criticized policy existed at the Jail during ...
Case • 2002
," "sand-nigger," "dot-head," and "porch monkey." Walls gives no indication as to how often and in what circumstances such comments were made. Because occasional use of racial epithets by coworkers ...
Case • 2002
the DEA agents that he was sorry for what he had done and that he was glad the agents were not dead. He also said that he did not know that the men were agents when he shot them but that he had participated ...
Case • 2001
, Adolph Davis (Davis), asked Ford what he was charging Brendle with and Ford replied that he didn't know, to which Davis commented, "there must be something we can charge him with." Id. at PP XXX-XXXI ...
Case • 1987
of oppression. Nothing less than a clear showing of grievous wrong evoked by new and unforeseen conditions should lead us to change what was decreed after years of litigation with the consent of all concerned ...
Case • 1989
elucidation as to what more Scott would have to have done in order to have been considered uncontrollable. FN16. Plaintiff states that Sergeants Adams and Horton had the authority to assign an officer ...
Case • 2001
, Springs was arrested for what he describes as a "non-violent crime." He was convicted and sentenced to a term of imprisonment of from two to four years. He has remained in custody since his arrest ...
Case • 2001
after it happened. The Eighth Amendment does not protect against all pain, only "needless pain and suffering." Gutierrez, 111 F.3d at 1371. Arguably, all pain beyond what is necessary to keep the mind ...
Case • 2003
from the detaining officers as to what they knew or concluded about Mr. Harbin's need for medical attention during the first several hours of his detention. n8 Again, the Court emphasizes ...
Case • 2004
" is not determinative. What we must do in the case of professionals is determine whether other evidence manifests an intent to make the professional an employee subject to other forms of control which are permissible ...
Case • 2006
that a reasonable official would understand that what he is doing violates that right.'" Saucier, 533 U.S. at 202 (quoting Anderson v. Creighton, 483 U.S. 635, 640 (1987)). To find that a right is clearly established ...
Case • 2007
uses? if a new courthouse is constructed or acquired. (§ 76100, subd. (b)(1).) Further, the fund may be used to ?acquire, rehabilitate, construct, or finance? what are referred to as ?excess courtrooms ...
Case • 2008
.3d at 578. The objective deliberate indifference standard "considers not only what the policymaker actually knew, but what he should have known, given the facts and circumstances surrounding ...
Case • 2008
of what conditions are imposed to assure appearance: 9. Other conditions: (a) Commit no crimes. (b) Defendant shall maintain contact with his/her attorney on a weekly basis. (c ...
Case • 2008
that" and that "[i]t seems like everybody know what was happening but me." Hinojosa, in his statement after the attack, stated that Brown had always exhibited "extreme paranoia" and "had most of 6 dorm living in fear ...
Case • 2008
] In this case, Sisney failed to allege any facts necessary to even infer a meeting of minds or mutual understanding. Sisney failed to state one fact alleging that an agreement existed, what the supposed agreement ...
Case • 2009
that would afford Komlosi any practical relief. Thus, regardless of what Komlosi attempts to call it, his pending application is seeking indemnification. The Eleventh Amendment provides: "The Judicial power ...
Case • 2008
, at what point the cause of action accrues. We review such questions of law de novo. See Newby v. Enron, 542 F.3d 463, 2008 WL 4113964, at *3 (5th Cir. 2008); Clymore v. United States, 217 F.3d 370, 373 (5th ...
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