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Case • 1999
in his complaint to show that Christian inmates were treated more favorably than Muslim inmates was the relative size and state of the bulletin boards for the Christian and Muslim groups. What plaintiff ...
Case • 1994
is not an individual's right to less punishment, but the lack of fair notice and governmental restraint when the legislature increases punishment beyond what was prescribed when the crime was consummated." Weaver, 450 U.S ...
Case • 1990
their allegations in what effectively was an oral amendment of the complaint. Evaluating the complaint as thus amended the district court invoked 28 U.S.C. § 1915(d) and dismissed the suit as frivolous. A notice ...
Case • 1992
officials knew he had just come from the hospital where x-rays showed he had no contraband concealed in his rectum. Tribble, 860 F.2d at 326. [55] *fn4 The district court also applied what it referred ...
Case • 1996
was not clearly erroneous. The district court specifically listed several examples of what it considered duplicative or repetitive work. One such example was that both the attorneys claimed five hours for reviewing ...
Case • 1995
governmental interest put forward to justify it exists; 2. whether there are alternative ways for the prisoner to exercise the implicated constitutional right; 3. what impact would accommodation ...
Case • 1996
contend that defendant Wolff instructed the disciplinary committee members to find plaintiffs guilty of the charges, regardless of what evidence was presented. Counts I through IV allege the violation ...
Case • 1994
no indication of what factors were considered by the prosecutor in reaching that decision. Absent some insight into the bases for the prosecutor's Conclusions, the trustworthiness of those statements cannot ...
Case • 1993
. [27] Having identified what constitutional criteria govern Appellee's claim, we look to see if he has alleged a constitutional violation. We must utilize currently applicable constitutional ...
Case • 1999
be futile. What does "available" mean as that term is used in section 1997e(a)? These are all questions of law reviewed de novo. See Tierney v. Kupers, 128 F.3d 1310, 1311 (9th Cir. 1997) (interpretation ...
Case • 1999
of the right" are that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 3039, 97 L.Ed.d. 523 (1987). *11 "A right is clearly established if it meets one of three ...
Case • 1999
), the Conclusion for every like-situated, reasonable government agent that what defendant is doing violates federal law in the circumstances." Saylor v. Board of Educ., 118 F.3d 507, 515 (6th Cir.) (citation ...
Case • 1999
Plaintiff Receive the Process Due Under Hewitt? In Hewitt v. Helms, 459 U.S. 460, 74 L. Ed. 2d 675, 103 S. Ct. 864 (1983), [**10] the Supreme Court explained what procedural safeguards were required ...
Case • 1990
of contracting disease from contact with raw sewage. We note Moore stated the risk of disease was small in comparison to what she believed to be a great risk of death due to exposure to toxic gases. We also note ...
Case • 1992
of such testimony is to take what the state offered Defendant as a "right" to representation and turn it into a trap, depriving Defendant of his due process right to fundamental fairness. See State v. Guerra, 161 ...
Case • 1994
is reasonable under the circumstances of this case, while Phelps and Blackburn argue that the decision should be deferred until an evidentiary hearing can be held on the matter. [39] The question of what ...
Case • 1997
litigants who were granted leave to proceed in forma pauperis could seek and easily obtain what amounted to a "waiver" of filing fees and costs. [*1026] The PLRA, however, requires prisoners proceeding ...
Case • 1995
in compensatory damages and $ 500.00 in punitive damages. In awarding punitive damages, the court has considered what amount would be sufficient to make clear to correctional officers that they may not participate ...
Case • 1995
what was in effect a directed verdict in favor of defendants and thus denied plaintiff [**13] his seventh amendment right to a jury trial. Plaintiff asserted that defendants knowingly or recklessly ...
Case • 1995
, supervisors must have been personally involved in that conduct. . . . The supervisors must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what they might see ...
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