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Case • 2007
a petition was timely filed"].) Moreoever, respondents do not suggest what more steps appellant, a prisoner, could or should have taken to insure the package was not lost by the court once received ...
Case • 2008
. After Simpson refused to remove the sheet, Officer Michael Webb unlocked the cell door, and Thomas entered the cell. The parties dispute what happened next. 1. Simpson's Testimony Simpson testified ...
Case • 2009
post facto claims under the Indiana Constitution we apply what is commonly referred to as the "intent-effects" test. Wallace v. State, 905 N.E.2d 371, 378 (Ind. 2009). Under this test the court must ...
Case • 2008
to avoid dismissal, no matter how deficient. I respectfully dissent because Rule 20.1 properly places the burden of proving indigence entirely on the party seeking that status and makes clear what that party ...
February 2003, revealed "serious deficiencies" in the health care services provided to prisoners by Naphcare. The audit report "is totally consistent with what the prisoners have been telling us ...
At the Georgia Diagnostic and Classification Prison, a beating by guards may have resulted in a prisoners death last year. Charles B. Clarke III died at the Diagnostic Prison on April 19, 2005 from what the GBI ...
Case • 2003
motions for summary judgment, the Court must accept as true plaintiff's contentions that Bynum asked her to visit him in his hotel room and that she refused to comply with his request. What the Court must ...
Case • 1987
that the statute violated the fourteenth amendment's due process clause, the Court asserted that "where a person's good name, reputation, honor, or integrity is at stake because of what the government is doing ...
Case • 1993
occasioned by a delinquency "shall not apply". N.Y. Exec. Law § 259-i(3)(h). [47] Our problem in this case is what happens when due to insufficient time remaining before expiration of a defendant's ...
Case • 2003
of the claim showing that the pleader is entitled to relief. FED. R. CIV. P. 8(a)(2). In reviewing the complaint on a motion to dismiss, no more is required from plaintiff's allegations of intent than what would ...
Case • 2003
what we have termed suitable challengers; that is, if their interests are sufficiently congruent with those of the intended beneficiaries that the litigants are not 'more likely to frustrate than ...
Case • 2004
the court to alleged errors on the part of the magistrate judge. An "objection" that does nothing more than state a disagreement with a magistrate's suggested resolution, or simply summarizes what has been ...
Case • 2004
was consistent with what the plaintiffs believe was the defendants' intentional and/or deliberately indifferent CCA practice and de facto policy of attempting to conceal CCA's unlawful conduct as alleged herein ...
Case • 2005
is circular.*fn40 Pembaur seems to hold that policy is what policymakers make and that policymakers are those who have the authority to make policy; therefore, any decision made by a policymaker is a policy ...
Case • 2005
for this Court in Maryland Aviation Admin. v. Noland, 386 Md. 556, 873 A.2d 1145 (2005), reemphasized what this Court had said in Board of Physician Quality Assurance v. Banks, 354 Md. 59, 729 A.2d 376 (1999 ...
Case • 2002
in his patrol car, which is standard procedure when an officer suspects that there may be a need for an arrest. . [12] First, Daniel administered what is known as the "walk and turn" test. This test ...
Case • 2001
are paid. Read literally, this statutory language would not require the prisoner to make monthly payments if for any reason he did not pay the initial partial filing fee. This, however, clearly is not what ...
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 ...
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