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Davis v. Milwaukee County-225 F.Supp.2d 967 (ED WI 2002)
Case • 2002
"from litigating a nonfrivolous case." Walters, 163 F.3d at 434. The Seventh Circuit has not discussed in any detail the standard for determining non-frivolousness and at what stage in the underlying ...
Pizzuto v. County of Nassau-240 F.Supp.2d 203 (ED NY 2002)
Case • 2002
Anthony Pizzuto, demanding that he reveal how he found out about his brother and what he knew of Thomas Pizzuto's condition. (Id. Ex. D at 17.) The officers finally desisted when Anthony Pizzuto, fearful ...
United States v. Alfonso-284 F.Supp.2d 193 (D MA 2003)
Case • 2003
teaches as follows: What we would do is we would take an alcohol swab -- actually, you would put on, in the video the PharmChem suggests or recommends that you wear rubber gloves, latex gloves. So, you ...
Rosales v. Coughlin-10 F.Supp.2d 261 (WD NY 1998)
Case • 1998
with respect to the medical defendants are in the same vein, and will not be repeated here. What these allegations show, however, is that plaintiff was provided with medical care to address his back and leg ...
Clarke v. Stalder-154 F.3d 186 (5th Cir. 1998)(en banc)
Case • 1998
by the guard's "clear and precise" report. [51] Although it is the trial court's task to determine what the specific basis for Clarke's conviction was, suffice it to say that there are at least questions ...
Scott v. Moore-85 F.3d 230 (5th Cir. 1996)
Case • 1996
] Vacated and remanded. [45] JERRY E. SMITH, Circuit Judge, Dissenting: [46] In what amounts to social engineering by judicial fiat, the panel majority has decided that as a matter ...
Hawkins v. Comparet-Cassani-251 F.3d 1230 (9th Cir. 2001)
Case • 2001
is no greater than that of the alternatives, we should be reluctant to deny recourse to what may be a valuable tool in protecting courtroom security. [71] We have seen that in shifting the focus from ...
Smith v. Mensinger-293 F.3d 641 (3rd Cir. 2002)
Case • 2002
dimension. That may have been exactly what the district court did here. However, that is an issue of fact to be resolved by the fact finder based upon the totality of the evidence; it is not an issue of law ...
Prison Legal News v. Lehman-272 F.Supp.2d 1151 (WD WA 2003)
Case • 2003
that contraband or other prohibited items will be introduced inside [**12] the institutions." Id PLN contends that if the Department were to provide what PLN argues is constitutionally required notice of rejection ...
Roell v. Withrow-123 S.Ct. 1696 (2003)
Case • 2003
[30] When, as here, a party has signaled consent to the magistrate judge's authority through actions rather than words, the question is what outcome does better by the mix of congressional ...
In Re Metcalf-963 P.2d 911, 92 Wn.App. 165 (WA App.Div.1, 1998)
Case • 1998
punishment, the inquiry ends there. If the Legislature intended the mechanism to be civil, the provision must still not be "so punitive as to either purpose or effect" as to "transfor{m} what was clearly ...
Church of the American Knights of the Ku Klux Klan-232 F.Supp.2d 205 (S.D.N.Y. 2002)
Case • 2002
racial group. [19] Regardless of what they may say the fact is that members of the American Knights don robes and hooded masks similar to, and traditionally associated, with the KKK, and consider ...
Briggs v. New York State Dep't of Transportation-233 F.Supp.2d 367 (N.D.N.Y. 2002)
Case • 2002
, therefore, is what constitutes the "unlawful employment practices" for purposes of determining the timeliness of plaintiff's claims. See generally Morgan, 122 S.Ct. 2061. The Supreme Court rejected the notion ...
Brooks v. Berg-270 F.Supp.2d 302 (N.D.N.Y. 2003)
Case • 2003
would obviously determine what treatment was "minimal, though appropriate." The Inmate Grievance Resolution Committee (IGRC) answered Plaintiff's grievance with the following response: "The Committee ...
Spiegla v. Hull-371 F.3d 928 (7th Cir. 2004)
Case • 2004
transferred*fn2 from the front gate. That morning, Captain Hugh Vales called Spiegla at the front gate and asked her what she had done wrong. When she responded that she did not know what he was talking about ...
Bernhardt v. Los Angeles County-339 F.3d 920 (9th Cir. 2003)
Case • 2003
for damages due to her inability to obtain counsel in the first place. Neither we nor the parties addressed what the implications of the County's alleged policy might be for Bernhardt's ability to obtain ...
Wisconsin Department of Corrections v. Schacht-524 U.S. 381, 118 S.Ct. 2047, 141 L.Ed.2d 364 (199
Case • 1998
jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States," 28 U. S. C. Section 1331. This case, however, requires us to consider what happens if one, or more ...
Nwaokocha v. Sadowski-369 F.Supp.2d 362 (E.D.N.Y. 2005).
Case • 2005
). Defendants are named in both their individual and official capacities. His various claims arise from what he alleges was: 1) the unnecessary cruelty of his confinement in the Special Housing Unit ("SHU ...
Liles v. Camden County Dept. of Corrections-225 F.Supp.2d 450 (D.N.J. 2002)
Case • 2002
Officials [78] The test for "deliberate indifference" by prison officials in prison conditions cases is not an objective test of what a reasonable official in the same positions should have known ...
Perrin v. Gentner-177 F.Supp.2d 1115 (D.Nev. 2001)
Case • 2001
, the court may not simply accept what may be a self-serving account by the police officer. It must also look at the circumstantial evidence that, if believed, would tend to discredit the police officer's story ...
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