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Case • 2004
was treated in the prison's health clinic, and was given another EKG. This EKG was highly abnormal, and Castellano was provided with nitroglycerine. Castellano alleges that what he suffered was a misdiagnosed ...
Case • 2008
at sentencing is the right not to be sentenced on the basis of inaccurate or unreliable information."); United States v. Espinoza, 481 F.2d 553, 555 (5th Cir. 1973) ("What is involved...is the right ...
Case • 1998
levels of the administrative scheme" (emphasis added)). What can be disputed -- because there is a conflict among federal courts on two aspects of the issue -- is whether the administrative exhaustion ...
Case • 1999
would become the primary arbiters of what constitutes the best solution to every administrative problem, thereby "unnecessarily perpetuating the involvement of the federal [**11] courts in affairs ...
Case • 1996
component). What must be established with regard to each component "varies according to the nature of the alleged constitutional violation." Hudson v. McMillian, 503 U.S. 1, 5, 117 L. Ed. 2d 156, 112 S. Ct ...
Case • 1996
decision in this case, inmates who refused to submit to the test were placed in "medical keeplock"-i.e., permitted to leave their cells only for one ten-minute shower per week. Medical keeplock is what ...
Case • 2001
property, what steps Shell would need to take with respect to site remediation on each plaintiff's own property and what damages that plaintiff suffered. The court sees no reason why this would necessarily ...
Case • 2008
by examining the statutory language, giving the words their usual and ordinary meaning.? [Citations.]? (Id. at p. 911.) ?If the terms of the statute are unambiguous, we presume the lawmakers meant what they said ...
Case • 2009
, docket # 2787, at 250 ("[P]risoners with mental illness?have trouble conforming their behavior to what is expected. They get into disciplinary trouble.")) Prisoners who do not obey those rules typically ...
Case • 2009
over and do what the police commanded, Carnaby told him that it might be a "set up" from "the agency." (Id.) During the chase, Foster reported over the radio that Carnaby threw an object out of his ...
Case • 2008
representing the difference between the statutory minimum wage and what was actually paid.? SPEEA, 139 Wn.2d at 831 (citing RCW 49.46.090(1)). The Court of Appeals seized upon this language in dismissing ...
Case • 2008
settlement demand. Moreover, the Legislature clearly knows how to require prelitigation demands unambiguously when that is what it wishes to do. Many statutes illustrate the point. For example, a plaintiff ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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