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Dixon v. Chrans-986 F.2d 201 (7th Cir. 1993)

Case • 1993

-211(iii), he fails to identify specifically what tolling rule the court should have applied. True, he suggests that the court should have applied Illinois' tolling rules for general personal injury ...

Carper v. Deland-54 F.3d 613 (10th Cir. 1995)

Case • 1995

at USP to curtail costs while still providing Plaintiffs with what he argues was a constitutional level of legal assistance. Defendant DeLand executed a legal services plan ("legal services plan") with two ...

Nicholas v. Tucker-114 F.3d 17 (2nd Cir. 1997)

Case • 1997

but not other in forma pauperis litigants to pay partial filing fees, recognizing that "what constitutes the `necessities of life' that must be purchased is obviously different for prisoners, most of whose ...

Hathaway v. Coughlin-99 F.3d 550 (2nd Cir. 1996)

Case • 1996

need not expressly intend to inflict the unnecessary pain, but, rather, can establish the element by proving that the defendant acted recklessly. The court then proceeded to explain what it meant ...

Harper v. Young-64 F.3d 563 (10th Cir. 1995)

Case • 1995

and the opportunity to be considered for continued placement with the Program. Having determined that Mr. Harper was in fact qualified to remain with the Program, we turn to the question of what procedures should have ...

Tabron v. Grace-898 F. Supp. 293 (MD PA 1995)

Case • 1995

of the decision is flawed in an important respect. In examining the intent of Rule 609(a)(1), the court quotes only to the commentary accompanying the 1970 version of the Rule. What is missing is the commentary ...

Howard v. Adkison-887 F.2d 134 (8th Cir. 1989)

Case • 1989

there is no "static test" to determine what confinement conditions violate the eighth amendment, Chapman, 452 U.S. at 346, common sense is sometimes helpful. The jury found that Howard had been forced to live under ...

Delaney v. Selsky-899 F. Supp. 923 (ND NY 1995)

Case • 1995

. In their motion for reconsideration, defendants contend that the conditions of SHU confinement "are nearly identical to what an inmate experiences when placed in administrative segregation." In his reply, Mr ...

Mendoza v. Lynaugh-989 F.2d 191 (5th Cir. 1993)

Case • 1993

. However, Mayfield had filed 38 suits, while Mendoza has waged only two. To be sure, Green surely imposed a much greater burden on the judicial system with over 500 suits, yet he received what in the end ...

Patchette v. Nix-952 F.2d 158 (8th Cir. 1991)

Case • 1991

of discretion. Decision makers and inmates alike are told what hours and days "are" to be set aside for visitation. This is recognized as mandatory language. Thompson, 490 U.S. at 464 n. 4.*fn3 We are satisfied ...

Wright v. Coughlin-132 F.3d 133 (2nd Cir. 1998)

Case • 1998

. Ct. at 2300. Sandin articulated relevant factors which courts should evaluate in determining what constitutes an "atypical and significant" hardship. These include (1) the effect of disciplinary action ...

Lyon v. Krol-127 F.3d 763 (8th Cir. 1997)

Case • 1997

resulted from a letter sent to the district court which had been assigned a file number and then dismissed. Because of our disposition of this appeal, we do not have occasion to consider what type of prior ...

Villarreal v. Woodham-113 F.3d 202 (11th Cir. 1997)

Case • 1997

are taken out of the national economy; ...; prisoners' living standards are determined by what the prison provides; and most such labor does not compete with private employers. [27] .... [28 ...

Tyler v. Murphy-135 F.3d 594 (8th Cir. 1998)

Case • 1998

by a three-Judge district court operating in accordance with 28 U.S.C. § 2284. See § 3626(a)(3)(B). [32] What is less clear from the statute's text is whether the § 3626(b)(3) findings that will avoid ...

Brice v. Virginia Beach Correctional Center-58 F.3d 101 (4th Cir. 1995)

Case • 1995

. denied, 470 U.S. 1083 (1985). "The conviction of mistake may properly be based upon a Conclusion that, without regard to what the 'actual' facts may be, the findings under review were induced ...

Gavin v. McGinnis-866 F.Supp 1107 (ND IL 1994)

Case • 1994

of the conduct so that a 'reasonable official would understand that what he is doing violates that right.'" Walker, 28 F.3d at 670 (quoting Anderson v. Creighton, 483 U.S. 635, 107 S. Ct. 3034, 3039, 97 L. Ed. 2d ...

Henderson v. Derobertis-940 F.2d 1055 (7th Cir. 1991)

Case • 1991

and shelter was known in 1982 and that right is constant. What is not constant is the level of effort and the course of conduct by prison officials necessary to provide adequate protection from extremely cold ...

Scott v. Reno-902 F. Supp. 1190 (CD CA 1995)

Case • 1995

Circuit's interpretation of Schweiker, plaintiff has no Bivens claim for work-related injuries. What defendants ignore, however, is that plaintiff alleges more than work-related injuries. Plaintiff also ...

Gluth v. Kangas-951 F.2d 1504 (9th Cir. 1991)

Case • 1991

proposed definition. [57] *fn4 We recognize that these items may be somewhat remote from what is necessary for access to the courts, and we do not by any means suggest that such supplies ...

Giroux v.Somerset County-178 F.3d 38 (1st Cir. 1999)

Case • 1999

be considered "wanton" is a contextual inquiry, depending on the type of claim and the constraints facing the official. Wilson, 501 U.S. at 303; see also Hudson v. McMillian, 503 U.S. 1, 5 (1992) ("What ...