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Moore v. Mabus-976 F.2d 268 (5th Cir. 1992)

Case • 1992

. Wilson does not require a "smoking gun" in order to find deliberate indifference. Nor does Wilson attempt to define what acts might constitute deliberate indifference. Rather, the Wilson Court reaffirmed ...

Horton v. Cockrell-70 F.3d 397 (5th Cir. 1995)

Case • 1995

" to the prisoner's health or safety.*fn11 [26] There is no concise definition of what types of prison conditions pose a "substantial risk of serious harm" under the Eighth Amendment. Instead, we examine ...

In Re Vincent-105 F.3d 943 (4th Cir. 1997)

Case • 1997

a hearing en banc -- a total of eight separate matters that we were required to address. [16] Even more of this court's resources are consumed in distilling exactly what issues Vincent is raising ...

Thurman v. Gramley-97 F.3d 185 (7th Cir. 1996)

Case • 1996

the court has decided what to do. [56] Litigants such as Thurman can be finagled by the combination of this delay and the new statute into a liability they never anticipated. Thurman lodged the notice ...

Cody v. Hillard-139 F.3d 1197 (8th Cir. 1998)

Case • 1998

not decide what Rule 52 requires on this motion to dissolve an injunction, since we may remand even a ruling on a motion for findings and Conclusions if our review would be hindered without them. DeShane v ...

Heckford v. Florida Dept. of Corrections-699 So.2d 247 (Fla. App. 1 Dist. 1997)

Case • 1997

in terms of reasonable medical probability. Unfortunately, the record before us does not contain appellee's renewed motion for directed verdict, and the order does not indicate what persuaded the trial ...

Clark v. State of California-123 F.3d 1267 (9th Cir. 1997)

Case • 1997

, Section 5 is a positive grant of legislative power authorizing Congress to exercise its discretion in determining whether and what legislation is needed to secure the guarantees of the Fourteenth Amendment ...

Neal v. District of Columbia-131 F.3d 172 (DC Cir. 1997)

Case • 1997

the Due Process Clause. We therefore affirm the dismissal of Neal's due process claim.*fn4 [30] There remains Neal's claim under the LRAA. Although it is unclear on what basis the district court ...

Feliciano v. Selsky-205 F.3d 568 (2nd Cir. 2000)

Case • 2000

of whom were corrections officers, but did not indicate what additional evidence the four designated additional witnesses would present. He conceded that none of the latter was an eyewitness to the assault ...

Navarro v. Block-250 F.3d 729 (9th Cir. 2001)

Case • 2001

of Oxnard, 145 F.3d 1078, 1082 (9th Cir. 1998). "To be clearly established, the law must be `sufficiently clear that a reasonable official would understand that what he is doing violates that right ...

Heard v. Sheahan-253 F.3d 316 (7th Cir. 2001)

Case • 2001

that where the doctrine is applicable "the cause of action accrues at . . . the date of the last injury." [18] But what exactly is a "continuing violation"? A violation is called "continuing ...

In Re 1996 Nissan Sentra-32 P.3d 39 (Ariz.App.Div.2 2001)

Case • 2001

to] receive any [personal] financial gain in bringing the marijuana to [Day]. " Simmons also claims that she "never knew what [Day's] intentions were after she delivered the marijuana to him" and that her ...

Selah v. Goord-255 F.Supp.2d 42 (ND NY 2003)

Case • 2003

, at *3 ("There must be some showing by the defendants that the regulation does promote the claimed penological objective."). Plaintiff cannot be expected to "guess" what rationale DOCS would provide ...

Martinez v. Uphoff-265 F.3d 1130 (10th Cir. 2001)

Case • 2001

was not always followed because items issued to inmates were kept in the office. The trial court found that "(t)he materials before the Court do not shed much light on what happened on June 26, 1997 when Corporal ...

Canadian Coal. Against the Death Penalty v. Ryan-269 F.Supp.2d 1199 (D AZ 2003)

Case • 2003

and the legitimate governmental interest put forward to justify it; (2) whether there are alternative means of exercising the right that remain open to prison inmates; (3) what impact accommodation of the asserted ...

Moffat v. Broyles-288 F.3d 978 (7th Cir. 2002)

Case • 2002

of inadequate consideration; it resolved the issue directly and over a vigorous dissent. Other circuits have not turned up new arguments but instead have aligned themselves with what was a dissenting view ...

Spies v. Voinovich-173 F.3d 398 (6th Cir. 1999).

Case • 1999

treatment towards Spies. Spies alleges that the chaplain said to him, "This is what you wanted with your lawsuit, isn't it?" [24] Spies subsequently amended his complaint, adding a claim alleging ...

Smith v. Blue-67 F.Supp.2d 686 (S.D.Tex. 1999).

Case • 1999

. CONCLUSION The suicide of Justin Smith was a tragedy to both his family and his community. There is no way at this early [**11] stage for the Court to know what might have happened had events proceeded ...

McNear v. Coughlin-643 F.Supp. 566 (W.D.N.Y. 1986)

Case • 1986

be found . . . a central place . . . where . . . anyone may examine in that one place what the law or rule is that . . . affect[s] his particular interest. Thus the filing of the rules and regulations serves ...

Murphy v. Shaw-49 Fed. Appx. 711 (9th Cir. 2002).

Case • 2002

current incarceration, they are unripe. n2 Any challenge to current regulations would require a new action based on a new violation by Murphy. We do not speculate as to what the future may bring. III ...