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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 ...
Case • 2002
of dangerousness be made before any offender was listed on the registry. Id. Because all offenders were subject to notification under the Act, law enforcement officials had no discretion to determine what ...
Case • 2001
. . . that Officer Bustos knew of and disregarded an excessive risk of harm." Id. at 8. After reviewing the record on the pepper spray claim and applying what we believe to be the correct legal standard, we reverse ...
Case • 1992
is "incapable of meaning anything other than what it says on its face" and that the Court of Appeals "had no authority, through statutory construction, to rewrite the statute. . . ." [79] Former RCW 9.94A ...
Case • 2002
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 the dental and mental health portions ...
Case • 2008
Oke was deliberately indifferent to Jones' serious medical needs as a result of Oke's failure to contact a doctor, that is precisely what occurred once Oke notified the nursing staff of Jones ...
Case • 2007
, the alleged negligent supervision of Investigator Harding by his superior officers, if established, is sufficient to establish liability. It is therefore crucial to determine what information was available ...
," said Robert Farr, ranking Republican on the Connecticut House Judiciary Committee. "Someone committed a murder and says, `Gee, I want to be closer to home,' What about the family of the person ...
Case • 1982
[**23] to infer what documents, apart from the misconduct report (which plaintiff was given) and the staff investigator's report, would have been relevant. Unfortunately, defendants' motion does ...
Case • 2004
institutions operated by the DOC, have served their minimum sentences, and are thus eligible for parole. Based on what they believe to be DOC policy to withhold parole recommendations to inmates who fail ...
Case • 2003
neck and torso as he lay handcuffed on the ground and begged for air. Under similar circumstances, in what has come to be known as "compression asphyxia," prone and handcuffed individuals in an agitated ...
Case • 2006
was the one who told her to bring them in. In an earlier visit, Lee had told her what she was supposed to do, because she would "cost him, put him in a bind and all his people." He told her how to package ...
Case • 2004
the proper maintenance of the chemical toilets and slop sinks. See id. at 29. [30] In arguing that I should follow Ahearn, the defendants have ignored what the court in Ahearn took pains to spell out ...
Case • 2005
Supreme Court reasoned that "what constitutes legally cognizable harm is a policy choice." 851 P.2d at 560. Reviewing the overall "legislative scheme" for procedural criminal law in Oregon, the court ...
Case • 2001
the shipment was smaller than most, and that that was unusual. [36] Nevertheless, Hensley allowed the truck to leave the yard without further inquiry. Hensley knew what to do if he had any concerns about ...
Case • 2002
. Corp., 246 F.3d 1, 4-5 (1st Cir. 2001). [14] In what has been characterized as a "seminal pleading case," Winokur v. Office of Court Admin., No. CV 99-2518, 2002 WL 397657, *8 (E.D.N.Y. March 14 ...
Case • 2004
a statute, regulation or policy that effects a prisoner's term of imprisonment what is crucial "is not an individual's right to less punishment, but the lack of fair notice and governmental restraint when ...
Case • 2007
and determined that the outcome will be the same no matter what the specific facts regarding the factor. [67] Consider a prisoner sentenced to death for a terrorism offense. The prisoner seeks to be housed ...
Case • 2005
; the establishment of what is (or is not) a constitutional right in one case governs the determination whether a right has been clearly established in a later case. Saucier v. Katz, 533 U.S. 194, 201 (2001). [46 ...
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