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Case • 1992
that "the ability to open the mail in the presence of inmates . . . could in no way constitute censorship, since the mail would not be read. Neither could it chill such communications, since the inmate's presence ...
Case • 1995
. 2d 27, 111 S. Ct. 2123 (1991); Business Guides, Inc. v. Chromatic Communications Enterprises, Inc., 498 U.S. 533, 112 L. Ed. 2d 1140, 111 S. Ct. 922 (1991). Once again, however, this category ...
Case • 1999
the burden of demonstrating a material fact regarding pretext in order to survive summary judgment. See, e.g., Texas Dep't of Community Affairs v. Burdine , 450 U.S. 248, 256 (1981). [45] Stanley's ...
Case • 1999
); Dravo Corp. v. Occupational Safety & Health Review Comm'n, 613 F.2d 1227, 1230 n. 2 (3d Cir.1980); Ellis v. Chase Communications, Inc., 63 F.3d 473, 477, 153 A.L.R. Fed. 693 (6th Cir.1995); Mason v ...
Case • 1999
in the lawsuit." Chiles v. Thornburgh, 865 F.2d 1197, 1213 (11th Cir.1989). *fn2 See also Cox Cable Communications, Inc. v. United States, 992 F.2d 1178, 1181 (11th Cir.1993). We, therefore, need not inquire ...
Case • 1998
be continued at approximately the same levels as prior to incarceration (with appropriate documentation from community physicians/hospitals) and with the Medical Director's approval." Health Services Manual, Ch ...
Case • 1998
legal elements. Palmer v. Board of Education Community United Sch. Dist., 46 F.3d 682, 688 (7th Cir. 1995). "It is not necessary to specify particular legal theories in a complaint, so long as the facts ...
Case • 1998
to the power he/she possessed by state authority or acting only as a private individual." Edwards v. Wallace Community College, 49 F.3d 1517, 1522 (11th Cir. 1995) (citing West v. Atkins, 487 U.S. 42, 48-50, 101 ...
Case • 1994
that could be proved consistent with the allegations. Warner Cable Communications, Inc. v. Borough of Schuylkill Haven, 784 F. Supp. 203, 205 (E.D. Pa. 1992). All allegations in the complaint and all ...
Case • 1993
have an opportunity to examine Eugene Souza, nor were any complaints by or about Eugene Souza communicated to Dr. Chang. 20. Between January 13, 1989, and January 18, 1989, John Moran did not receive ...
Case • 1997
practiced, such as having prison chaplains who offer religious counselling and services and community service at soup kitchens operated by churches. We agree with that observation. Indeed in our earlier ...
Case • 1992
no effective remedy at all, and it is therefore improper to impose an exhaustion requirement. See McNeese v. Board of Education for Community Unit School Dist. 187, 373 U.S. 668, 675 (1963); Montana Bank v ...
Case • 1993
in [the board's] opinion there is reasonable probability that the prisoner can be released without detriment to the prisoner or to the community.'"*fn13 In reaching its conclusion that this statute creates ...
Case • 1999
, 764 F.2d at 641 (additional factfinding necessary to determine if general community awareness was sufficient to indicate that a plaintiff reasonably should have known of the cause of his wife's death ...
Case • 1999
unresponsive. The officer immediately contacted CMS. Nurse Dethrow called an ambulance, which transported Ms. Hare to the Delnor Community Hospital. After Ms. Hare was transported to Delnor Hospital, Sherif ...
Case • 2000
violent offense within six months after release. Based on the evidence presented, the ISRB concluded that Addleman presents too great a risk to be released to the community at this time. [35 ...
Case • 1994
question of the breadth with which the concept of race should be defined for equal protection purposes. . . . It may well be, for certain ethnic groups and in some communities, that proficiency ...
Case • 1999
as an STG after consideration of, among other things, the group's history of unlawful activity in the SCDC or other prison system, its history of unlawful activity in the community, its organizational ...
Case • 1999
not be communicated to the actor. [42] If words or conduct are reasonably understood by another to be intended as consent, they constitute apparent consent and are as effective as consent in fact. Aplt. App ...
Case • 1995
defendants. Id. Four of the defendants named in plaintiff's complaint were in fact served within 31 days of filing. (Defendants' Motion at 13). Plaintiff communicated with the Marshall's office by phone ...
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