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Case • 2000
what [**4] may seem to be a clear error of law is in fact simply a point of disagreement between the Court and the litigant." In re C-TC 9th Ave. Partnership, 182 B.R. at 3. II. Discussion The Court ...
Case • 2000
clearly recruited other inmates to join in the riot and directed them what to do. Thus, the district court did not err in enhancing Walters's sentence under U.S.S.G § 3B1.1. [28] The next issue ...
Case • 2000
given to Davis by Assistant District Attorney Mitchell. Because there is no evidence as to just what advice was given or that Mitchell had the authority to act as a policy maker for the County, the claim ...
Case • 2001
petition, he wrote to the court----but heard nothing back. A private party, especially a prisoner, will be at a loss for what to do, other than wait, if a court fails to respond to such an inquiry. So Huizar ...
Case • 1989
this request on the ground that he knew what the substance of Jackson's testimony would be because he had previously heard the same testimony at Fludd's hearing. See id. at para. 7. Plaintiff now alleges ...
Case • 2004
beyond what was prescribed when the crime was consummated. Depending upon the conduct of the inmate, IMPP 11-101 may affect the conditions upon which the inmate's sentence is served, but not to the extent ...
Case • 2004
Department of Corrections medical files. What follows is a general overview of the case's factual and procedural background. Plaintiff was received at CSP in March 2000. (Opp'n at 2; Ex A, AGO927, 525-526 ...
Case • 2004
the facts upon which they base their claims. To the contrary, all Page 3 the Rules require is "a short and plain statement of the claim" that will give the defendants fair notice of what the plaintiffs ...
Case • 2005
Cir. 1993). Mr. Jenner has not alleged in what manner the general population inmates tampered with his food or that the adulterated food was dangerous to his health. [29] Likewise, Mr. Jenner's ...
Case • 2002
. 2002) states: "The court may terminate all parental rights with respect to a parent if it finds any one of the following: . . . (c) that the parent is unfit or incompetent[.]" As to what a court must ...
Case • 1981
of the Jessup Annex and the Reception Center. From this order, too, the defendants appeal. Since all three of the cases, consolidated in two actions, involve a single state-wide prison system, in which what ...
Case • 2001
Division annulled the prison disciplinary decision. What is less clear is whether the challenge to the conditions of confinement accrued [**7] at the same time or [*277] could have been pursued separately ...
Case • 1968
in appellant's circumstances fairly to apprise him of what is required. [16] Merely providing notice of the technical requirements of the summary judgment rule, of course, cannot be expected in every case ...
Case • 2002
be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Wilson, 526 U.S. at 614-15; Anderson v. Creighton, 483 U.S. 635, 640 (1997). Importantly, the right must ...
Case • 2004
: substantive or legislative rules "create new law, rights, or duties, in what amounts to a legislative act," while interpretive rules "clarify an existing statute or regulation." White v. Shalala, 7 F.3d 296 ...
Case • 2003
"approaches the limits of what we would deem consistent with constitutional constraints." Id. at 164. In Lee v. Edwards, 101 F.3d 805 (2d Cir. 1996), the jury awarded nominal damages of $ 1.00 for malicious ...
Case • 1986
. The parties did not strike a bargain under Fed. R. Crim. P. 11 (e) (1) (C) fixing the complete terms of the sentence; they bargained for a recommendation by the prosecutor. House got what he bargained ...
Case • 1991
, "Boys, what are you doing?," but the inmates did not respond. They continued to head towards a gate in the first fence, climbed over it, and dropped to the other side. Fifty-two feet away was a gate ...
Case • 1991
for summary judgment, since by submitting evidence with their motion the defendants shifted to the plaintiff the burden of producing his own evidence. Clearly what was needed was an affidavit from the plaintiff ...
Case • 1991
of free speech and the right to petition the government for a redress of grievances. The question of what restrictions may be imposed by the state on mail sent by a patient confined to a state mental ...
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