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Case • 2009
precluded claims under this statute. Sea Clammers, supra; Smith, supra; Rancho Palos Verdes, supra.These cases establish that "[t]he crucial [*794] consideration is what Congress intended." [**591] Smith ...
Case • 2008
.2d 43 (1998). Notably, this court's opinion elevates these views to that of a ?plurality,? ( supra at 267), even though the Supreme Court itself has recognized them for what they are-the views of five ...
Case • 2001
the legislature increases punishment beyond what was prescribed when the crime was committed. Thus, even if a statute merely alters penal provisions accorded by the grace of the legislature, it can nevertheless ...
Case • 2004
medical provider stating that based on what Scott had reported to him, Scott should receive his medication five times per day. Based on jail logs that recorded physical observations of Scott that were ...
Case • 2005
. Here, the city was forced to release the records by court order in another case and has never admitted the records were not privileged or work product, which is what Connor has claimed all along. Connor ...
Case • 2001
, insofar as I can make out exactly what the facts are in those opinions. In Neal, 131 F.3d 818, for instance, the plaintiff showed that the sex offender programs were mandatory requirements for parole ...
Case • 2000
that once Mr. Hammer is pronounced dead by medical personnel we have no further interest in what occurs in Indiana. The government also argues that we should transfer Mr. Hammer's request to the United States ...
Case • 2001
no matter what the offense. Officers are trained to use due caution and common sense in evaluating pursuits. Due to the discretionary nature of the pursuit policy, unless a supervisor discontinues a chase ...
Case • 2001
continued to yell and flail about. The officers asked Cruz what kind of drugs he had taken but received no response. [15] Officer Ben Fritzen then arrived and, after assessing the situation, applied ...
Case • 1985
aggressive and assaultive type inmates . . . and neither Lear nor Schaeffer are up on the high level tiers and cannot adequately see nor have clear vision to observe what is happening." Para. 2 of complaint ...
Case • 1997
by a Department of Corrections representative indicating that the Department was not incapable of dealing with Wallace's medical problems. [67] The court stated that if we defer it, we can assess what his ...
Case • 2002
, the watch commander on duty at the Fourth District, heard screaming coming from an adjacent interview room, and after ten minutes he went to the interview room and asked Officer Williams what was going ...
Case • 2002
the Court from exercising jurisdiction in the event that the USDA did not comply with [its] terms," Pigford, 185 F.R.D. at 110, bolstering our view that the enforcement provision means what it says. [32 ...
Case • 2006
records. A number of years later, the same court that decided Kenney opined that what prompted the Legislature to enact section 1157 was its belief that "external access to peer investigations conducted ...
Case • 2009
true. Our vacated opinion explained why qualified immunity insulates the defendants from plaintiffs' Bivens claims. Rasul I, 512 F.3d at 665-67. Boumediene does not affect what we wrote. No reasonable ...
Case • 1997
not explain what is "common" about recurrent testicular pain that is so severe that "it feels like you've hit yourself on the crossbar of a bicycle, where you have an excruciating pain that starts in your ...
Case • 2002
that a reasonable official would understand that what he is doing violates that right." Russo v. City of Cincinnati, 953 F.2d 1036, 1042 (6th Cir. 1992) (quoting Anderson v. Creighton, 483 U.S. 635, 639 (1987 ...
Case • 2008
as to what § 16913(d) was specifically directing the Attorney General to regulate. [48] We recognize the Roberts court's interpretation suffers from a significant flaw. The Roberts decision relies ...
Case • 1990
deemed the articles to be contraband and had forwarded them to Bluestein. The articles had been sent out of the institution on November 14, 1983. Exactly what role Ponte played in the deprivation ...
Case • 2008
inution credits).*fn11 Appellants do not contend that the DOC erred in mathematically applying the MPC's determination. Thus, the DOC did what it was supposed to do, and all it could do. Appellants ...
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