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) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable ...

People v. Romero-13 Cal.4th 497, 917 P.2d 628, (Cal. 1996)

Case • 1996

, in these words: [*510] " '[n]o allegation of fact which, if admitted or found to be true, would change [***795] the penalty for the offense charged from what the penalty would be if such fact were not [**634 ...

Hawkins v. Freeman-195 F.3d 732 (4th Cir. 1999) (en banc)

Case • 1999

, no matter what the circumstances. And finally, we learn that pre-Lewis judicial decisions addressing constitutional due process challenges to such executive decisions include none having precedential force ...

In Re Young-122 Wn.2d 1 (1993)

Case • 1993

, it is in some areas a political document whose diagnoses are based, in some cases, on what American Psychiatric Association ("APA") leaders consider to be practical realities. What is critical for our purposes ...

Ali v. Szabo-81 F.Supp.2d 447 (S.D.N.Y. 2000)

Case • 2000

Dalo told Ali to go back to his cell as soon as he was through heating his food. (Ali Rule 56.1 Stmt. PP 10, 11; Ali Dep. at 57.) While [**5] the food was heating, Ali and Dalo spoke about what Ali meant ...

Johnson v. City of Cincinnati-310 F.3d 484 (6th Cir. 2002).

Case • 2002

at 865 ("This freedom of mobility is a tradition extending back to when the first settler crossed into what would eventually become this great state, and it is a tradition no Ohioan would freely relinquish ...

Griffin v. Coughlin-743 F. Supp. 1006 (ND NY 1990)

Case • 1990

in, what is referred to as, Involuntary Protective Custody ("IPC"). Inmates are only transferred to IPC following a due process hearing. n6 "Protective custody is a status available to a[n] . . . inmate ...

Griffin v. Coughlin-88 NY.2d 674 (1996)

Case • 1996

may be, those faiths have given purpose and direction to millions. People of faith have a logical idea of what life is all about" (id., at 49). A.A.'s Twelve Steps/Twelve Traditions volume, describing ...

Hadix v. Johnson-144 F.3d 925 (6th Cir. 1998)

Case • 1998

"the ability of Federal Judges to affect the capacity and conditions of prisons and jails beyond what is required by the Constitution and Federal law." See H.R. Rep. No. 104-21, at 21 (1995). Section 802(a)(1 ...

Monmouth County Corr Inst Inmates v. Lanzaro-834 F.2d 326 (3rd Cir. 1987)

Case • 1987

, in Turner v. Safley, 482 U.S. 78, 107 S. Ct. 2254, 96 L. Ed. 2d 64 (1987), the Court considered what level of scrutiny is appropriate in determining the constitutionality of prison regulations. The underlying ...

Krimstock v. Kelly-306 F.3d 40 (2d Cir. 2002)

Case • 2002

(1976), to determine what procedural safeguards are required to satisfy the Due Process Clause of the Fourteenth Amendment in the circumstances of this case, the district court held that plaintiffs were ...

A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE

Article • July 15, 2007

Filed under: Deaf Prisoners, Disabled Prisoners, Blind Prisoners, Medical, HIV/AIDS, Attorney Fee Awards, Attorney Fees (PLRA), Administrative Exhaustion (PLRA), Physical Injury Rule, Injunctions (PLRA), Damages, Injunctions, Costs, Juries, Expert Witnesses, Trials, Americans with Disabilities Act, Rehabilitation Act, Interpreters, Eleventh Amendment Immunity, Qualified Immunity, Municipal Liability, Contractor Liability, Sovereign Immunity, Failure to Train/Supervise, Failure to Treat (Mental Illness), Suicides

into the jail?s facilities105 and programs,106 more so than what a §1983 action might require. However, Yeskey notwithstanding, the Supreme Court refused to review an Alabama prison case allowing ...

Hawkins v. Freeman-166 F.3d 267 (4th Cir. 1999)

Case • 1999

, no matter what the circumstances. And finally, we learn that pre-Lewis judicial decisions addressing constitutional due process challenges to such executive decisions include none having precedential force ...

In re Nazi Era Cases against German Defendants Lit-198 F.R.D. 429 (D.N.J. 2000)

Case • 2000

right under Rule 41(a)(1) to voluntarily dismiss without approval of the court. It is unclear on the face of Rule 23(e) whether it applies to class actions that have yet to be certified, and what ...

Prime Minister v. Khadr-2009 FCA 246

Case • 2009

there is some dispute between the Attorney General and Mr. Khadr's counsel. The former Deputy Director of Operations for CSIS was cross- examined on the point in the course of earlier proceedings. From what I ...

Christensen v. Sullivan-768 N.W.2d 798, 2009 WI 87 (Wisc. 2009)

Case • 2009

to determine whether they were entitled to either contempt or contract remedies, or both. [*P24] Discovery uncovered a large number of violations, but the parties disagreed about what caused the violations ...

Landgraf v. USI Film Products-511 U.S. 244, 114 S.Ct. 1483, 128 L.Ed.2d 229 (199

Case • 1994

to be resolved by the courts. Our precedents on retroactivity left doubts about what default rule would apply in the absence of congressional guidance, and suggested that some provisions might apply to cases ...

Poolaw v White Nm Appeal Unreasonable Search and Seizure 2009

Brief • May 4, 2009

. Weigel, 544 F.3d at 1153 (quotations omitted). Our inquiry is whether the contour of the divide is “sufficiently clear that a reasonable official would understand that what he is doing violates that right ...

Us v Comstock Nc Fed Civil Commitment Struck Down 2007

Brief • September 7, 2007

so as to embrace effects upon interstate commerce so indirect and remote that to embrace them, in view of our complex society, would effectually obliterate the distinction between what is national ...

Ajaj v Usa Co Ord Granting Qualified Immunity and Dismissing Claims Adx Conditions of Confinement 2006

Brief • December 22, 2006

investigated , I , " his complaints and determined what tests should be conducted. After the first consultation with Dr. Leyba, Mr. Ajaj's unit manager sent a memorandum to Mr. Burrell. This .memorandum ...