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Howard v. Waide-534 F.3d 1227 (10th Cir. 2008)

Case • 2008

Having clarified the appropriate standard, we consider the evidence of subjective knowledge on the part of the Sterling defendants. Although the details of what Howard told each individual defendant ...

United States v. Passaro-577 F.3d 207 (4th Cir. 2009)

Case • 2009

with due process? and so is void for vagueness only ?if the statute under which it is obtained [1] fails to provide a person of ordinary intelligence fair notice of what is prohibited, or [2] is so ...

Mayfield v. TDCJ-529 F.3d 599 (5th Cir. 2008)

Case • 2008

, the record does not clearly present what Odinist literature is available in the prison library, or whether literature on runes is available at all. In his affidavit, Klaus Adams testified that Odinist ...

In re Dyer-143 Wn.2d 384, 20 P.3d 907 (2001)

Case • 2001

evidence to establish the facts that entitle him to relief. If the petitioner's evidence is based on knowledge in the possession of others, he may not simply state what he thinks those others would say ...

Gonzalez v. New York State Dept. of Correctional S-122 F.Supp.2d 335 (N.D.N.Y. 2000)

Case • 2000

, there is no indication of what "diligent" efforts Plaintiff undertook to serve Clarke and Plaintiff has not requested additional time within which to serve Clark. Accordingly, Plaintiff's Complaint against Clark ...

Phelps v. McCoy-164 F.Supp.2d 961 (S.D.Ohio 2000)

Case • 2000

of the Fourth Amendment. n7 The Plaintiff does not specify which provision of what constitution (i.e., federal or state) is violated by that legislation. This case is now before the Court on the following ...

Gear v. Hattaway-330 F.3d 758 (6th Cir. 2003).

Case • 2003

official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 639-40 (1987). As the Court in Harlow explained, the "reasonable person," in this instance ...

Umar v. Johnson-173 F.R.D. 494 (N.D. III. 1997)

Case • 1997

. You may ask that witnesses be questioned along lines you suggest. You must indicate in advance of the hearing the witnesses you wish to have interviewed and specify what they could testify to by filling ...

Smyth v. Smyth-Smyth v. Smyth, 282 F.3d 268 (4th Cir. 2002)

Case • 2002

specifically rejected the "catalyst theory," concluding that a "defendant's voluntary change in conduct, although perhaps accomplishing what the plaintiff sought to achieve by the lawsuit, lacks the necessary ...

Smith v. Lejeune-203 F.Supp.2d 1260 (D.Wyo. 2002)

Case • 2002

"the right [was] sufficiently clear that a reasonable officer would understand that what he is doing violates that right." Wilson, 526 U.S. at 615 (citations omitted). [31] The two-step analysis ...

United States v. Reynard-473 F.3d 1008 (9th Cir. 2007)

Case • 2007

a federal court will "ordinarily defer to the legislature's stated intent," Hendricks, 521 U.S. at 361, "only the clearest proof will suffice to override legislative intent and transform what has been ...

Hofe v. United States-492 F.3d 175 (2nd Cir. 2007)

Case • 2007

constitutional excessiveness." 32 Medley Lane, 372 F. Supp. 2d at 259. Doing its best to decide what change, if any, had been done to the holding in Milbrand, the district court ultimately concluded that, [39 ...

Pace v. Guglielmo-544 U.S. 408 (2005)

Case • 2005

of [Saffold's] state habeas petitions were years overdue, then they were not 'properly filed' at all, and there would be no tolling of the federal limitations period"). What we intimated in Saffold we now hold ...

Jackson v. Morgan-19 Fed Appx. 97 (4th Cir. 2001)

Case • 2001

," (body and cell search) at the Maryland Correctional Adjustment Center (MCAC). At trial, the parties offered conflicting testimony as to what transpired during this search. In light of the jury verdict ...

Poor Parents Fail to Pay Child Support, Go to Jail

Article • September 2, 2016 • from PLN September, 2016

Filed under: Statistics/Trends, Indigent Defense, Collateral consequences of prison, Money/Property, Seizure of Prisoner Funds, Family, Fathers in Prison, Mothers in Prison, Children of Prisoners

afford a car may not care about having their driver’s license suspended. One may be too poor to have money in a bank account, thus financial assets can’t be seized. So what happens to a poor ...

Florence v County of Burlington Dc Certiorari Writ Jail Strip Search 2011

Brief • January 19, 2011

arrested for any minor offense no matter what the circumstances. 11 PARTIES TO THE PROCEEDING BELOW All the parties to the proceedings below are parties in this Court. The petitioner is Albert W. Florence ...

Torres v. Dubois, MA, Complaint, Control Unit Conditions, 1994

Brief • January 18, 1994

Filed under: Conditions of Confinement

Segregation Unit in what is otherwise known as "10 Block," DuBois's memorandum declared that the new unit would be used as a disciplinary unit intended to punish prisoners for misconduct, and therefore would ...

Christie v Scott Fl Order Phs Jail Homicide Due to Oc Pepper Spray Poisoning 2013

Brief • January 9, 2013

inmates after OC sprayings, especially repeated OC sprayings, was likely to lead to exactly what happened here: nurses failing to recognize when a detainee was in severe respiratory distress because ...

Leonard v State of Louisiana La Amicus Brief Rluipa the Final Call 2011

Brief • 2011

, “[t]he compelling interest standard . . . is not watered down but really means what it says.” Church of the Lukumi Babalu Aye, Inc. v. City of Hialeah, 508 U.S. 520, 546 (1993) (internal quotations ...

Louisiana v. Rideau, Motion to Vacate Costs, La, 3-15-2005

Brief • May 2, 2005

. The Court extended the filing deadline to May 2, 2005 at the request of counsel for defendant. 1 1 Even though the Order directs reimbursement in an amount that is many times more than what any other 14th ...