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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 ...
Case • 1984
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 • 2002
, this is an area of law for which no judicial precedent or statutory guidance exists. However, both parties have presented logical and well-analyzed arguments as to what standard [*25] they believe should be applied ...
Case • 1986
occasion, Turner brandished a knife in order to extort cigarettes from Parrish and, on another, in what at best could be described as a bizarre episode, Turner while standing on top of a table shouting ...
Case • 1985
; Court stated: "[A] State may not effectively deny a convict access to its appellate courts until he has been released and then argue that his case has been mooted by his failure to do what it alone ...
Case • 1990
followed the two into the yard watched and other guards arrived from inside the prison compound. After Fails slumped to the ground, Corporal Cook told Eggleston, "You've done what you were trying to do, hand ...
Case • 1985
the information, and in following what is apparently regular procedure when citizens decline to sign appearance bonds, presented an affidavit for an arrest warrant to the county judge, who issued the warrant ...
Case • 1986
in punitive isolation are not allowed to receive personal mail; however, they may receive legal and media mail (exactly what "media" mail includes is unclear). The mail restriction is temporary in duration ...
Case • 1981
and hearing violated the due process clause of the fourteenth amendment. As the Supreme Court in Bell v. Wolfish, 441 U.S. 520, 534, 99 S. Ct. 1861, 1871, 60 L. Ed. 2d 447 (1979), explained, "what is at issue ...
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