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Case • 1994
of program availability inordinately [*278] effects GCA class level; or (6) a longer period of adjustment is needed. DOP 806-7.7. What DOP 806-7.7 does is effectively grant absolute discretion to override GCA ...
Case • 1996
of programs at issue here. As was the case in Bryant v. Madigan, 84 F.3d 246, 248 (7th Cir. 1996), we therefore need not decide in this case to what extent the ADA applies to correctional facilities. Love's ...
Case • 1996
oblige this Court to consider to what extent, if any, the new fee requirements of the Prison Litigation Reform Act of 1995 (PLRA) apply to appeals filed before the April 26, 1996, effective date of the new ...
Case • 1994
of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction ...
Case • 1996
corpus ad testificandum must set forth in a sworn affidavit (1) what the inmate-witness will testify to; (2) how the plaintiff knows that the inmate-witness will testify as such; and (3) why the testimony ...
Case • 1991
the benefits, substantial as they would be, of giving inmates accused of serious offenses the information they need to prepare an effective defense. . . . The inmates will not know what the evidence is against ...
Case • 1997
, it is worth noting what this case does not involve: any proven physical assault of inmate Arrington. On appeal, Arrington's counsel argue that his compensable damages are psychological harm suffered from living ...
Case • 1994
right to outdoor exercise were "sufficiently clear that a reasonable official would understand that what he [was] doing violated that right." Anderson, 483 U.S. at 640. [22] The Supreme Court had ...
Case • 1994
that? It doesn't say anywhere there that the State has to prove how the disease is transmitted or what the probability of getting AIDS is in this [**10] way or anything like that. The Petitioner's issue is whether ...
Case • 1993
patently unreliable. Burka v. New York City Transit Authority, 739 F. Supp. at 838 (collecting cases). Plaintiff has not indicated precisely what drug tests were used to test his urine for [*484] THC ...
Case • 1994
not addressed the question of what circumstances must be present in order to warrant an award of attorney's fees based upon out-of-town rates. However, numerous other courts have established a number of criteria ...
Case • 1997
, requested to proceed in forma pauperis with the subpoenas, the tax court should have read this request liberally and determined more precisely what it was that Hadsell sought. See Maisano v. Welcher, 940 F.2d ...
Case • 1998
just what it says--before granting prospective injunctive relief, the trial court must make the findings mandated by the PLRA. In doing so, the court is also required to give "substantial weight to any ...
Case • 1994
was very close and turned on the credibility of the witnesses. The testimonial right of defendant was by any definition of critical importance. Defendant's lawyer could not testify as to what his client knew ...
Case • 1999
to a lockdown facility. [21] The next day, Gunderson and O'Hara asked plaintiff to explain what he meant by "hit the fence." Plaintiff explained that if he were returned to the general population, he would ...
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 • 1998
review of employment decisions by courts would hamper the efficiency of government decisionmaking, because then, government officials would have to consider what would be admissible under the Federal Rules ...
Case • 1998
odious origin. n7 That is what has happened here. n7 The Supreme Court left open whether such constitutional alterations could cure an originally defective constitutional provision. See Hunter, 471 U.S ...
Case • 1998
will be to weaken or subvert what it conceives to be a principle of the fundamental law of the land. Although Mr. Jennings may have [**9] been "erroneously denied a jury trial, the error is harmless if the evidence ...
Case • 1994
is not preempted, there can be no question that the § 1983 judgment has been satisfied. What happened to the judgment proceeds after that may or may not give rise to a new controversy within the jurisdiction ...
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