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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 ...
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 ...
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 ...
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 ...
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 ...
Case • 2001
that the coterminous sentence is the sole authority for Pearson's incarceration and by refusing to execute the sentence exactly as imposed by the sentencing court, "DOC has allegedly transformed what was effectively ...
Case • 2005
be read as challenging as unconstitutional what appears, from the limited record available, to be a post-dismissal policy implemented by the prison banning all sexually explicit publications, this argument ...
Case • 2004
manager Wendy Reetz and told her what I had seen and heard regarding the officers [sic] threat to kill Mease-X. [29] 6.)Case manager Reetz came to my cell and told me that if I did not minded [sic ...
Case • 2005
, could only sentence Larimore up to the statutory maximum of 15 years for the second degree felony that was the underlying offense of the probation. Therefore, no matter what sentence was imposed, Larimore ...
Case • 1994
the idea that, [525 NW2d Page 832] [17] given this protected property interest, an inmate cannot be deprived of these funds without due process. See Gillihan, 872 F.2d at 939. [18] What ...
Case • 1990
(5th Cir. 1977). [23] The court in Williams approved the use of state fire and sanitation codes as a "valuable index into what levels of decency the public . . . is prepared to pay ...
Case • 1994
of the facts about which she testified, but solely upon what she had read in the medical records prepared by others. [28] Those medical records themselves were not introduced in evidence. According ...
Case • 1991
and personal capacities,' the record does not suggest in any way that the defendants' actions were somehow unofficial. The capacity in which the individual defendants were in fact acting is what matters ...
Case • 2002
to the conscience of mankind". Jones v. Shields, 207 F.3d 491, 495 (8th Cir. 2000) (quoting Hudson v. McMillian, 503 U.S. 1, 9, 117 L. Ed. 2d 156, 112 S. Ct. 995). In determining what standard to apply in deciding ...
Case • 2002
, and not to any additional property not held by the County. Thus, the release is ambiguous and a jury should determine what property is covered by its terms. Id. Moreover, the circumstances of the signing ...
Case • 2002
of what essentially are factual matters." 997 F.2d at 619, quoting Hensley, 461 U.S. at 437 (internal quotation marks omitted). Here, it was within the district court's discretion to award all fees, rather ...
Case • 2003
cause, "we are concerned with whether and to what extent the defendant's conduct foreseeably and substantially caused" the injury sustained by the plaintiff. Lopez, ¶ 32. [45] ¶23 Further, we have ...
Case • 2002
to male and female prisoners alike. He argues, however, that the regulations are unconstitutionally vague because they contain no guidelines for prison officials to use when deciding what offenses could ...
Case • 1984
the paper from a locked cabinet and keeps a log as to which prisoners are receiving what supplies. When requests for supplies are [**3] received, this officer makes a determination as to the reasonableness ...
Case • 1986
] Feinberg, Chief Judge, Cardamone, Circuit Judge and Kelleher,*fn* District Judge. [10] Author: Feinberg [11] FEINBERG, Chief Judge: [12] This case presents the important question of what ...
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