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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 ...
Case • 1994
of accommodating the inmate's request. The appellees maintain that the amount of time that would have been required each day to accommodate Mr. Thomas's request would have exceeded what they could have permitted ...
Case • 1995
. In 1993 all provisional credits previously granted were cancelled by Fla.Stat. § 944.278. Finally, a fourth mechanism to relieve overcrowding was the creation of what is called control release ...
Case • 1997
are therefore required to "focus[on] what a defendant's mental attitude actually was (or is), rather than what it should have been (or should be)." Id. at 1980. The Court believed this subjective approach ...
Case • 1998
be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v. [30] Creighton, 483 U.S. 635, 640 (1987). The official is not required to guess ...
Case • 2000
. at 303. The Court in Wilson reasoned that the emergency circumstances facing prison officials while quelling a disturbance would, as a general matter, be absent when officials decided such matters as what ...
Case • 2000
was not in compliance or what must be done differently to comply. Relying on several exhibits first provided to the court as attachments to the October 29, 1998, notice of compliance, the DOC stated that the name field ...
Case • 2002
would understand that what he [was] doing violated that right"? Anderson v. Creighton, 483 U.S. 635, 640, 97 L. Ed. 2d 523, 107 S. Ct. 3034 (1987); see also Wood v. Ostrander, 879 F.2d 583, 591 (9th Cir ...
Case • 2001
and reading his legal papers and mail outside of his presence violated his constitutional right of access to the courts. The district court concluded that, without a showing of what papers were taken or how ...
Case • 2005
O'Connor's concurring opinion, ante, at 1, concede it may. A statute's sense is the same even if what it requires depends on factual context. [69] In support of its reading of Zadvydas, the Court relies ...
Case • 2004
). This "favorable termination" requirement is necessary to prevent inmates from doing indirectly through damages actions what they could not do directly by seeking injunctive relief -- challenge the fact or duration ...
Case • 2000
supervision. [**10] [*558] C. What Process is Due? Having determined that the procedures used by the Board are subject to judicial review, even though its decision is not, we now turn to the next question ...
Case • 2000
no [**6] discretion in determining what the law is or in applying the law to the facts. Id. Thus, a clear failure by the trial court to analyze or apply the law correctly will constitute an abuse ...
Case • 2002
a punishment for an act which was not punishable at the time the act was committed or which imposes punishment additional to what was prescribed. See U.S. Const., art. 1, § 9, cl. 3; art. 1, § 10, cl. 1 ...
Case • 2002
rules and summary judgment motions to define disputed facts and issues and to dispose of unmeritorious claims." Id. at 998. Thus, a complaint is sufficient if it gives "'fair notice of what ...
Case • 2002
and derivative use immunity for what are otherwise compulsory self-incriminatory statements. [19] I. FACTS AND PROCEDURAL HISTORY [20] ¶5. Gary Tate was charged in Washington County Circuit Court ...
Case • 1992
. There, the challenge to the regulation was based on its lack of content neutrality. The instant case presents the questions of what breadth a content neutral restriction on outgoing inmate correspondence [**24] may take ...
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