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Case • 2004
that will permit him to constitutionalize what is otherwise only a state-law tort claim. [26] The judgment of the district court is AFFIRMED. Plaintiff's motion for leave to proceed on appeal without ...
Case • 2006
. What is more, the egregious manner in which he transgressed it set off warning bells.*fn4 His actions were sufficiently unsettling that they produced both a state court restraining order and a trespass ...
Case • 2002
in claiming what is sought by the petition, or by uniting with the defendants in resisting the claim of the plaintiff, or by demanding anything adversely to both the plaintiff and defendant, either before ...
Case • 2001
might correctly perceive all of the relevant facts but have a mistaken understanding as to whether a particular amount of force is legal in those circumstances. If the officer's mistake as to what the law ...
Case • 2001
as outlined above, including what the officials knew and disregarded concerning Napier's medical condition. The district court did not consider this evidence as it held that the proof failed to satisfy ...
Case • 2000
the whole WorldWide Web at http://www.mo-net.com/~mlindste what a pack of morally degenerate corrupt fascists Defendants are. If Plaintiff is not going to get justice in the courts he might as well seek his ...
Case • 2000
has attached what he states is the original regular grievance form that he filed on November 24, 1999, regarding the October 26, 1999, incident. This form is dated November 24, 1999, nonetheless ...
Case • 2006
essentially duplicates an argument based on due process"). [22] To the extent that those who are committed as (what Illinois calls) "dangerous" rather than "violent" persons are beneficiaries of a higher ...
Case • 2006
because the lawsuit brought about a voluntary change in the defendant's conduct." Id. at 601, 121 S.Ct. at 1838. "A defendant's voluntary change in conduct, although perhaps accomplishing what the plaintiff ...
Case • 2006
and the legitimate governmental interest offered to justify the regulation; (2) whether alternative means exist to exercise the right; (3) what effect there will be on guards, inmates, and prison resources ...
Case • 2008
only 'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests ...
Case • 2009
walked into the cell where Moyle was asleep. Using an aluminum handrail he had pulled from the wall of his own cell, Christenson bludgeoned Moyle to death before jail personnel realized what was happening ...
Case • 2009
believe the operative language appears in the second part of subdivision 3(a), which addresses for what counties may require payment. The second part of subdivision 3(a) states that counties may require ...
Case • 1983
of communication between him and his counsel and McClindon. Appellant may communicate with his attorney and McClindon by phone or letter. What's more, the stop order only restricts McClindon, not Appellant's ...
Case • 2006
the Massachusetts Department of Youth Services be provided to BOP for analysis and review, after redactions to preserve the psychotherapist-patient privilege, to determine what BOP's position as to possible ...
Case • 2008
evidence"). Moreover, attention to the nature of an individual conditional releasee's crime would detract from what we considered, in Weikert, to be a virtue of the DNA Act: that it applies uniformly to all ...
Case • 2008
misinterpreted what the Act requires the State to prove, we reverse and remand for the court to reconsider the evidence presented at trial. IV. Conclusion. The State may appeal a determination that an individual ...
Case • 2008
, and that she was physically, mentally and emotionally upset and needed counseling for what her counselor diagnosed [***499] as "adjustment disorder with depressive features." Notably, however, Humig attended ...
Case • 2009
court questioned Pena concerning what efforts he had made in the past year to determine why citation had not been issued. Pena responded that he had been hospitalized for the past year and a half, but had ...
Case • 2006
is not prosecuted by the real party in interest, it must then decide what remedy is appropriate. We review a court's decision to employ the sanction of dismissal for abuse of discretion. See Wieburg v. GTE Southwest ...
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