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Case • 1981
either the advisability or even the constitutionality of the changes which the district court has decreed. It will never be the responsibility of this or any other federal court to decide what a good ...
Case • 2001
Carty v. Turnbull - 144 F.Supp.2d 395 (D VI 2001) - 2001 LAWRENCE CARTY, et al., Plaintiffs, v. CHARLES W. TURNBULL, et al., Defendants. Civil Action No. 94-78 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF THE VIRGIN ISLANDS, DIVISION OF ST. THOMAS AND ST. JOHN 144 F. Supp. 2d …
Case • 1983
of a free society to advance in its standards of what is deemed reasonable and right." Wolf v. Colorado, 338 U.S. 25, 27, 93 L. Ed. 1782, 69 S. Ct. 1359 (1949). In this spirit we have attempted to delineate ...
Case • 2000
determination was based on the conduct of defendant Farrell or what amount of damages was attributable to Farrell's conduct. The jury awarded Nieto $1.8 million, finding the State 80% at fault and Nieto 20 ...
Case • 2000
would understand that what he [or she] is doing violates that right"). "This is not to say that an official action is protected by qualified immunity unless the very action in question has been ...
Case • 2003
of cruel and unusual punishment on persons. Section 28 mandates "reformation" as one of the foundations of punishment for crimes. Part of what these rights proscribe and mandate should be informed ...
Case • 2003
. at 201. [34] To be clearly established "[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v ...
Case • 2002
. Umar did not respond to this letter, and Marria has never been [**12] informed of what happened to his March and April 1996 editions of The Five Percenter or given an option to determine what should ...
Case • 2005
"conditioned" by influences alien to well-recognized Fourth Amendment freedoms, those subjective expectations obviously could play no meaningful role in ascertaining what the scope of Fourth Amendment protection ...
Case • 2005
out of his cell to see what was going on. Id. P 5. Padula told Orwat to take the mirror back into the cell. [**6] Id. Initially, Orwat refused, but ultimately complied. Id. At some point (disputed ...
Case • 2003
to return to San Jose, he went into a rage and told the minister that he had guns and would follow her and kill her. He said the Charles Manson case was nothing compared with what he would do to Garner ...
Case • 1998
extended absolute immunity to certain other officials for conduct closely associated with the judicial process, n6 the Court has not decided whether or under what circumstances state parole officials enjoy ...
Case • 2000
the PLRA into law on April 26, 1996. The Act was intended to curtail what Congress perceived to be the over involvement of federal courts in managing state prison systems pursuant to remedial orders ...
Case • 1994
clarified what McKinney was required to prove regarding the objective component of his Eighth Amendment claim. The Court stated that McKinney must: (1) prove he is currently being exposed to the unreasonable ...
Case • 2002
and his interoffice mail. On one occasion, a co-worker bared his chest, grabbed his nipple and asked Martin, "Hey Martin, like what you see?" Id. Martin further alleges that despite his complaints to his ...
Case • 2004
of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.' " Id. at 202 (quoting Anderson v. Creighton, 483 U.S. 635, 640 (1987 ...
Case • 1980
party. According to the House Report, "[the] amendment states expressly what the Senate implied: i. e. that the district judge in making the ultimate determination of the matter, would have to give fresh ...
Case • 2005
not address the second issue. [37] DISCUSSION [38] The Issue Before Us [39] The first thing we need to do is determine more precisely what is before us. Massey filed a request for administrative ...
Case • 2003
of handcuffs to join Irby's ankles. While Irby continued to resist, Officer Eckert attempted to attach the hobble cord to the ankle cuffs in order to place Irby in what is commonly referred to as a "hog-tie ...
Case • 2003
, an encephalitis-type illness was [**6] discovered in several individuals, mostly elderly people, in Queens County, New York. In order to prevent [*118] the continued spread of what was feared to be the West Nile ...
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