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. The legislature has had every opportunity to include into the Act such a liberal exception suggested by the appellants, so. I f this Court were to yet failed to do include what the legislature did not, we ...
that the 23 documents are utterly meritless serving purely to circulate libelous or other baseless statements. 24 Kamakana, 447 F.3d at 1179. The City did precisely what was required of it; conducted an 25 ...
Brief • December 8, 2006
and the content of the Elliot car video, including descriptions of what the audio and video contained. 8 (Ex. 28). Sgt. Proudfoot received copies of the video on CD on July 6th and left them in Mr. 9 Poort’s ...
Brief • September 30, 2015
Worldwide, Inc. v. Excite Med. Corp., 591 F. App’x 767, 773 n.5 (11th Cir. 2014); Gillings v. Time Warner Cable LLC, 583 F. App’x 712, 713 n.1 (9th Cir. 2014). The issues of what statute of limitations ...
the on-call nurse or the Jail's Medical Director to determine what medical care or medication is appropriate, consistent with the community standard of care for the inmate's medical condition, until the inmate ...
Brief • January 31, 2014
asked Plaintiff what kind of drugs she used, whether she had sex while on drugs, and how many partners Plaintiff previously had sex relations with. Defendant Wagatsuma also asked Plaintiff whether she had ...
Brief • August 26, 2013
what is in Defendants’ Response and does not address issues that could not have been raised in Defendants’ response or new legal issues, Defendants’ motion for leave to file a sur-reply should be denied ...
in the negotiations. Defendants would only agree to a private settlement that did not require judicial approval. They bargained for a settlement agreement, and that is what the parties entered into. See Rufo v. Inmates ...
25, 1999, Joe Cadena was interviewed by law enforcement and told them that around 4:25-4:30 pm he heard what sounded like a backfire from a car on the day of the murder. 27. The State's theory ...
are not necessary; the statement need only give the defendant fair notice of what the . . . claim is and the grounds upon which it rests;” the 12(b)(6) standard does not “require that the complaint include all facts ...
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 of law.”) (emphasis ...
Brief • February 17, 2012
Filed under: Attorney Fees (PLRA)
Of Type Under Investigation.” Fagan relabeled the box as “high crime area,” ignored the plain meaning of the so-called “HCA” checkbox, made no attempt to understand what it means to the officers who fill ...
Brief • March 27, 2013
. 24. Because he was obeying what he understood to be an order to disperse, Mr. BROWN reasonably assumed the officers would leave him alone once he reached Fifth Avenue. 25. However, when he reached ...
Brief • December 12, 2014
but not limited to, regarding constitutional violations arising from the police use of LRADs. In one case, a plaintiff obtained a  $72,000 settlement for what she described as permanent damage to her hearing ...
Brief • February 3, 2010
Filed under: Immigration
to decide what the law says found that Were it otherwise, the [Attorney General] could authoritatively interpret ―State‖ and ―local laws‖ which are also included in 21 U.S.C. §823(f), despite the obvious ...
Brief • March 13, 2007
Department Commanders, shall be responsible for classimng all documents as vital or non-vital, and determining into what languages the vital documents should be translated. The Community Involvement Commander ...
to state a claim. Defendants 8 rely primarily on what they consider to be Plaintiffs’ admissions that Sanchez attempted 9 to strike the Officers. (See, e.g., Joinder at 3-4.) According to Defendants ...
Brief • November 12, 2015
on the issue of single-cell assignment. Mem. at 25-28. But Lane nowhere alleged that Gomes deprived him of assignment to a single cell. What Lane alleges against Gomes is altogether different: that Gomes ...
Brief • June 25, 2010
3 of 12 insufficiencies identified by the plaintiff due to what the Bureau now asserts was an “apparent transmission error,” on March 26, 2009, the Court granted summary judgment in favor ...
Brief • June 26, 2006
of any agency record improperly withheld." 5 U.S.C. § 552(a)(4)(B) (emphasis added). There appears to be some disagreement in this Circuit regarding what constitutes an "agency" as it pertains ...
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