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Case • 1995
discretion to allow interlocutory appeals. [***LEdHN8] APPEAL § 23 what decisions are final -- interlocutory orders -- Headnote:[8] While Congress, in 28 USCS 1292(e) and 2072(c), has empowered ...
Case • 2002
as severe as what Thomas suffered during the retaliatory period. She described continued anger and fears that the lawsuit will bar her from future promotion. She continues to suffer from a heart condition ...
Case • 1980
the prisoner's interest from due process protection nor answers the question of what process is due under the Constitution. [30] B [31] The District Court was also correct in holding that independently ...
Case • 1988
. Does a legislative enactment which partially restricts the right of redress trigger the protections of Article I, Section 13? If so, what is the appropriate standard of review to be applied? [119 ...
Case • 1988
they think they are fooling? What elements of "membership" -- as opposed to "activity" -- take place behind those screens? What are prison gangs for, except to engage in forbidden "activity"? Surely ...
Case • 1974
. On the other, the uncertainty of the constitutional standard makes it impossible for correctional officials to anticipate what is required of them and invites repetitive, piecemeal litigation on behalf ...
Case • 1986
] distressed to learn that defendants do not know what the plans are, if any exist, for the program building now under construction in the Occoquan courtyard. Tr. at 744. 5. Inmate Supervision Correctional ...
Case • 1988
that DeMallory is entitled to damages if he suffered no prejudice to the vindication of any legal claim. So too for the challenge to the conditions of confinement. We do not learn from DeMallory what the injury ...
Case • 1992
that the only issue before it was whether the Bureau was doing what it should to conduct the most accurate census practicable. The court summarized the focus of its concern by noting that "the question is which ...
Case • 1982
?" he replied: Well, the only -- the one and only, if you want to call it sex bias or whatever you call it, is what this whole case is all about. Not but one place that I haven't got -- I will say I don't ...
Case • 2000
remedies before the prisons themselves have had the opportunity (and have the ability) to do so, is surely not what Congress intended when it enacted the PLRA. Cf. Perez, 182 F.3d at 536-37 ("No one can know ...
Case • 2004
housing that does not involve any deprivation of privileges other than what is necessary to protect the inmates and staff." Id. § 4002(b). [20] In June 1997, Jones was incarcerated at the Susanville ...
Case • 2001
. City of Cincinnati, 953 F.2d 1036, 1042 (6th Cir. 1992), such that "the contours of the right [are] sufficiently clear that a reasonable official would understand that what he is doing violates ...
Case • 2001
of furthering [a] compelling governmental interest." Plaintiff argues that Defendants have not shown a "compelling governmental interest" for what he claims was a substantial burden on his religious practices ...
Case • 2003
energies [*815] and to connecting to his ancestors through the ceremonies he performs. He believes that his hair is also what connects him to the "Red Road of Life," or the path to spirituality ...
Case • 2003
stated that [44] the only legal issue here is what instruction, if any, should be given to the jury with respect to the financial capacity of the State... to pay punitive damages.... [45] [T ...
Case • 2000
specifically encourage prisoners to use the kyte system. Hunter has submitted what appears to be a copy of a newsletter distributed by SRCI officials which states that the kyte system "is an excellent tool ...
Case • 1997
for non-provocatively voicing his objection to what he obviously felt was a highly questionable detention by a police officer"); Guffey v. Wyatt, 18 F.3d 869, 871-73 (10th Cir.1994) (police officer ...
Case • 2000
that will give the defendant fair notice of what the plaintiff's claim is and the grounds upon which it rests." Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit, 507 U.S. 163, 168 (1993 ...
Case • 2000
-existent incentives. In nearly 100% of all prisoner cases, whether a prisoner will have legal representation is not the prisoner's decision but the court's. Contrary to what Congress seems to have believed ...
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