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Case • 1995
issue for trial." Fed.R.Civ.P. 56(e). With respect to the issues on which summary judgment is sought, if there is any evidence in the record from any source from which a reasonable inference could ...
Case • 1990
witnesses and documentary evidence; (d) the right to confront and cross-examine adverse witnesses (unless the hearing officer specifically finds good cause for not allowing confrontation); (e) a "neutral ...
Case • 1994
of Civil Procedure 56(e). [**6] To establish a claim of retaliation under 42 U.S.C. § 1983, plaintiff must first establish that he engaged in constitutionally protected activity and second that his ...
Case • 1995
. (No. CV 90-H-475-E). James Hughes Hancock, Judge. This Opinion Substituted on Grant of Rehearing for Withdrawn Opinion of February 14, 1995, Previously Reported at: 1995 U.S. App. LEXIS 2839. [7 ...
Case • 1991
, 90-16593 [4] filed: July 26, 1991. [5] ALAN L. GLUTH, THOMAS A. RICE, DONALD K. NELSON, DAVID M. BANDSTRA, PLAINTIFFS-APPELLEES, v. WILLIAM E. KANGAS, DEFENDANT, AND ARIZONA DEPARTMENT ...
Case • 1993
61602, USA. [8] For WILLIAM SHELANDER, Jail Guard at Tazewell County Jail, Pekin, Illinois, Defendant - Appellant: John E. Cassidy, 309/676-0591, CASSIDY & MUELLER, 1510 First Financial Plaza ...
Case • 1999
] *fn6 The Eighth Amendment to the United States Constitution provides that "[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." [47 ...
Case • 1998
requested documents. [21] The Defendant moved for summary judgment on the basis of his own affidavit and that of Gerald E. Morrissey, a classification and movement analyst in DOCS-DCM. Kelly denied any ...
Case • 1992
. United States Dept. of Army, 914 F.2d 525 (4th Cir. 1990), cert. denied, 113 L. Ed. 2d 645 (1991). [35] The pretrial order may be modified only "to prevent manifest inJustice." Fed. R. Civ. P. 16(e ...
Case • 1990
should be taken unless the diagnostic or treatment value of the information obtained outweighs the hazard to the patient. See E. Hall, Radiation & Life 179-80 (1976). As a general rule, no amount of x-ray ...
Case • 1997
forward with 'specific facts showing that there is a genuine issue for trial.'" Id. at 587 [**5] (quoting Fed. R. Civ. P. 56(e) (alteration in original)). "Where the record taken as a whole could not lead ...
Case • 1996
A. Friedman, Taustine, Post, Sotsky, Berman, Fineman & Kohn, Louisville, KY. Christopher A. Estep, EKCC, Eastern Kentucky Correction, West Liberty, KY. FRANK E. COTTRELL, III, [PRO SE], plaintiff: KSR ...
Case • 1996
of prison discipline, that inmate claims of unlawful retaliation must be treated with skepticism because "[e]very act of discipline . . . is by definition 'retaliatory' in the sense that it responds directly ...
Case • 1995
., quoting 15A C. Wright, A. Miller, & E. Cooper, Federal Practice and Procedure Section(s) 3914.10, at 664 (1992). [25] The issue we are asked to decide on this appeal can hardly be categorized as "neat ...
Case • 1992
him to participate in NAR ceremonies at ISP.*fn1 The case was referred to the Honorable Ronald E. Longstaff,*fn2 United States Magistrate Judge for the Southern District of Iowa, for a report ...
Case • 1994
] No. 93-2502 [4] filed: July 25, 1994. [5] GREGORY J. MCMASTER; ELIZABETH KROGSTAD; HAROLD GUSTAFSON; MICHAEL GIEST; GUY JAMES HATHAWAY; JOHN E. LILJEDAHL; TIMOTHY S. SMITH; SHAWN HUBBARD ...
Case • 1994
such facts as would be admissible in evidence." FED. R. CIV. P. 56(e). Affidavits in support of a summary judgment motion must be declared to be true and correct under penalty of perjury. King v. Dogan, 31 F ...
Case • 1991
, Iowa. The names of Thomas J. Miller, Gordon E. Allen and William A. Hill of Des Moines, Iowa, appeared on the brief of the Appellees. [10] Lay, Chief Judge, McMillian and Arnold, Circuit Judges ...
Case • 1999
of being classified as a sex offender constitutes a deprivation of liberty under the Due Process Clause. As noted by the Ninth Circuit, "[w]e can hardly conceive of a state's action bearing more ...
Case • 1999
Court for the Northern District of California Thelton E. Henderson, Chief District Judge, Presiding [13] Argued and Submitted March 10, 1998 Opinion Filed July 2, 1998 Opinion Withdrawn July 7 ...
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