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Case • 1987
fees and costs on appeal. Garcia v. Salt Lake County, 768 F.2d 303, 310-11 (10th Cir. 1985). 2. Reasonable Rates The determination of an appropriate hourly rate is based upon what lawyers ...
Case • 1987
reasonable suspicion, they would go undetected and uncorrected. The second difference is well reflected in the regulation specifying what is to be considered "in deciding whether there are reasonable grounds ...
Case • 1985
that of the Constitution. But nothing in Mobile v. Bolden suggested that Congress could not prohibit by statute what the Court had declined to forbid under the Constitution. City of Rome v. United States, 446 U.S. 156, 100 ...
Case • 1988
received this case from the district court via two different referrals. The question is what standard of review should be applied by a district court when there has been a referral under both section 636(b ...
Case • 1986
in demeanor and tone of voice that bear so heavily on the listener's understanding of and belief in what is said." Anderson v. Bessemer City, 470 U.S. 564, 105 S. Ct. 1504, 1512, 84 L. Ed. 2d 518 (1985 ...
Case • 1973
for the same crime. [36] The "good time" deduction is not based on progress toward rehabilitation but is an inducement to inhibit bad conduct. That is what the three-judge court held in 332 F.Supp. 973 ...
Case • 2001
confusion over what state statute of limitations to apply to a § 1983 action. Id. Moreover, the Court expressly rejected an argument that where a § 1983 claim was "most analogous" to a specific ...
Case • 1981
and consider the resident(")s statement(,) however(,) we accept the reporting officer(')s charges." It did not mention what evidence the reporting officer relied on, the investigatory report containing ...
Case • 2004
accepts the terms of the "contract." There can, of course, be no knowing acceptance if a State is unaware of the conditions or is unable to ascertain what is expected of it. Accordingly, if Congress intends ...
Case • 2000
relief similar to what Plaintiffs obtained from the PSC and has expressly rejected other relief Plaintiffs might seek. Specifically, the FCC mandated oral disclosure requirements for interstate collect ...
Case • 1999
for the delay and the nature of the medical need is relevant in determining what type of delay is constitutionally intolerable. See Harris v. Coweta County, 21 F.3d 388, 393-94 (11th Cir.1994); Brown v. Hughes ...
Case • 2004
review in order to determine to what extent, if at all, theories of tort liability paralleling the one we validated in Briscoe remain viable. *fn4 Since Briscoe was decided, the United States Supreme Court ...
Case • 2002
] describing the areas of non-compliance on which plaintiffs will base an extension of jurisdiction motion. What I intended to say is that plaintiffs believe that defendants are not in compliance with at least ...
Case • 2002
to the floor. The officers stomped on his back and kicked him in the genitals, face, and side. Robb heard the officers say, "This is what this mother fucker deserves." Robb was knocked unconscious while lying ...
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 ...
Case • 2001
their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know ...
Case • 2001
it; but the inference cannot be conclusive, for we know that people are not always conscious of what reasonable people would be conscious of"). Id. at 842; see Oxendine, 241 F.3d at 1276. [21] Finally, a delay ...
Case • 2003
addressed the consequences of a custodian's failure to comply with the prompt notification provision as follows: [50] What are the consequences of a less than prompt delivery of the inmate's request ...
Case • 2000
to be inapplicable. [60] Of course Congress could not, by the simple expedient of enacting a statute, deprive Cuoco of her constitutional due- process rights, but that is not what § 233(a) does. It protects ...
Case • 1999
told another inmate, Eloise Slater, what Defendant Davis had done to her. Slater brought the matter to the attention of the prison administration and an investigation followed. Defendant Davis admits ...
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