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Davidson v. Smith-9 F.3d 4 (2nd Cir. 1993)

Case • 1993

." Plaintiff's counsel objected and was overruled. Counsel for the defendants then asked Windle, "What is the full name of the Matteawan prison?" Windle responded, "Matteawan Facility for the Criminally Insane ...

Olson v. Hart-965 F.2d 940 (10th Cir. 1992)

Case • 1992

of counsel had] been ruled upon, and what that ruling [was]," and for consideration of the "Motion for Emergency Injunction and Order for Medical Attention" that the appellant had filed with this court. In its ...

DelVerne v. Klevenhagen-888 F. Supp. 64 (SD TX 1995)

Case • 1995

decide what process is due. This is a question of law and therefore appropriately determined by summary judgment. See Alberti v. Klevenhagen, 790 F.2d 1220, 1224 (5th Cir. 1986); Hatton v. Wicks, 744 F.2d ...

Wise v. Ohio Dept. of Rehabilitation and Corr.-97 Ohio App.3d 741, 647 N.E.2d 538 (CA OH 1994)

Case • 1994

are sustained, and appellant's third assignment of error is overruled. The judgment of the trial court is reversed. The cause is remanded to the trial court to determine what damages are available ...

Parker v. Carpenter-978 F.2d 190 (5th Cir. 1992)

Case • 1992

.2d 709, 713 (5th Cir.1976)).*fn3 Repeating what we have stated before, [20] An opportunity should be provided [for] the prisoner to develop his case at least to the point where any merit ...

Lavista v. Beelen-195 F.3d 254 (6th Cir. 1999)

Case • 1999

of Prisons. Congress intended the exhaustion requirement to apply to the prison's grievance procedures, regardless of what other administrative remedies might also be available. In addition ...

Liner v. Goord-196 F.3d 132(2nd Cir. 1999)

Case • 1999

U.S.C. § 1915(e)(2); see also 42 U.S.C. § 1997e(c)(2). [20] We have not yet decided what standard of review applies to an appeal of a dismissal pursuant to Section 1915A or 42 U.S.C. § 1997e(c)(2 ...

McPherson v. McBride-188 F.3d 784 (7th Cir. 1999)

Case • 1999

at the same time, but they are unlikely to have had the same line of vision or focused on the same area at precisely the same time. It is certainly possible that both accurately described what they saw ...

Cosco v. Uphoff-195 F.3d 1221 (10th Cir. 1999)

Case • 1999

language in the regulations governing what the prisoners could keep in their cells created a property interest or entitlement and ensured them a continuation of the same interest absent due process ...

Collazo Leon v. U.S. Bureau of Prisons-51 F.3d 315 (1st Cir. 1995)

Case • 1995

disciplinary regime and to deter even pretrial detainees from violation of its requirements. What the Constitution prohibits is the undue expansion of the exercise of such authority for the purpose ...

Bogovich v. Sandoval-189 F.3d 999 (9th Cir. 1999)

Case • 1999

), courts should not undertake to infer in one cause of action when a complaint clearly states a claim under a different cause of action. " `[T]he party who brings a suit is master to decide what law he ...

Wyatt v. Leonard-193 F.3d 876 (6th Cir. 1999)

Case • 1999

attempt to reach the appropriate prison official. For example, plaintiff submitted correspondence to prison officials concerning (1) what charges were to be brought against the inmate who raped him; (2 ...

McPherson v. McBride-943 F. Supp. 971 (ND IN 1996)

Case • 1996

. See Greenholtz v. Nebraska Penal Inmates, 442 U.S. 1, 12, 60 L. Ed. 2d 668, 99 S. Ct. 2100 (1979). In determining what is the process due an inmate in the prison context, the Supreme Court of the United ...

Senisais v. Fitzgerald-940 F. Supp. 196 (ND IL 1996)

Case • 1996

that Senisais failed to specify what Duffy did that was allegedly negligent. Although Senisais' complaint is somewhat general, it clearly includes Duffy as one of the defendants who contributed to his suffering ...

State v. Garcia-860 P.2d 217 (NM App 1993)

Case • 1993

be subject to search." Although it is not clear what type of search is referred to, the log notes that "[i]f you choose not to enter, you will not be subject to a search and you will be escorted from ...

Williams v. ICC Committee-812 F. Supp. 1029 (ND CA 1992)

Case • 1992

inherent in the eighth amendment"). On the basis of the brief statement of this claim in Plaintiff's complaint, this court cannot determine what is meant by legal telephone calls. In the event Plaintiff can ...

Commonwealth v. Forte-423 Mass. 672 (S.Jud.Ct. of MA 1996)

Case • 1996

the State must make a choice between criminal punishment and institutional discipline. In the choice of discipline, the courts have deferred to prison authorities on what discipline is necessary and proper ...

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 ...