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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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
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 ...
Brief • January 18, 1994
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 ...
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 ...
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 ...
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 ...
Brief • March 6, 2013
(id. ¶¶ 8-9). Thereafter, Plaintiff Jensen experienced extreme difficulty with his catheter and was leaking urine (id. ¶¶ 14-15). On August 1, 2010, Assistant Cordova could not ascertain what ...
Brief • 2011
Filed under: Telephones
that it claims support an argument that rate quotes for intrastate calls were in fact being made during 1996 to 2000. (As shown in the next section, those efforts fail.) T-Netix does not indicate what other ...
Brief • 2013
of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that what he or she is doing violates that right. v. (1987». al-Kidd, 131 S. Ct. at 2083 ...
Brief • 2006
infringement of [P]laintiff’s constitutional rights, and shall state why each defendant’s actions were unreasonable in light of clearly established law. Plaintiff’s response shall identify who did what to whom ...
Brief • 2008
Filed under: Telephones
to it and to note at what point she stopped within the call (Tr. at 73-74, 97, 98, 116). She and the two agents were to begin in different places so they were not all reviewing the same calls (Tr. at 20). Ms ...
who have little to no actual damages at all. No question exists that counsel for the Plaintiffs will select the most articulate Plaintiffs and those Plaintiffs who can best describe what occurred ...
Brief • 2009
. 'directly or indirectlyl to aid sectarian institutions." (emphasis added) Thus I Uthe no-aid language 16 was intended to impose beyond restrictions Clause." Establishment is what ...
Brief • 2010
or disregarded what they did view and, as a result, did nothing in the face of this obvious alarm that required immediate intervention to prevent Jason Smith from committing suicide. 53. Almost immediately after ...
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