what - Search | Prison Legal News

Wisconsin ex rel Harr v. Berge-681 N.W.2d 282 (Wisc. App. 2004)

Case • 2004

with respect to what." He goes on to argue that the underlying action was an attempt to vindicate his First Amendment right of freedom of speech, a right he does not forfeit as a prisoner and his right is equal ...

Jackson v. Carey-353 F.3d 750 (9th Cir. 2003)

Case • 2003

(9th Cir. 1996); Mitchell v. Dupnik, 75 F.3d 517, 522 (9th Cir. 1996). "What less egregious condition or combination of conditions or factors would meet the test requires case by case, fact by fact ...

United States v. Stocks-104 F.3d 308 (9th Cir. 1999)

Case • 1999

Cir. 1993); whether a waiver was knowing and intelligent is reviewed for clear error. United States v. Doe, 60 F.3d 544, 546 (9th Cir. 1995). [46] That Stocks knew what he was doing is apparent ...

Evans v. Multnomah County Sheriff's Office-184 Or.App. 733, 57 P.3d 211 (2002).

Case • 2002

of the position at issue under the foregoing criteria, we must first establish what that position is. Defendant defines it as "corrections deputy" so as to include all of the assignments into which most other sworn ...

Johnson v. Williford-682 F.2d 868 (9th Cir. 1982)

Case • 1982

hardly deny knowledge of what it has always treated as settled law. [37] The second element is also present. Johnson surely had a right to believe, after his parole computation had passed ...

Waller v. Trippett-179 F.Supp.2d 724 (E.D. Mich. 2001).

Case • 2001

the assessment of the Complaint. Under this standard, a pleading is sufficient if it gives the Defendant "fair notice of what the plaintiff's claim is and the grounds upon which it rests." Conley v. Gibson, 355 ...

Dancy v. Simms-116 F.Supp.2d 652 (D.MD. 2000).

Case • 2000

. at 228. The Court, however, left open the question of what due process was required in emergency circumstances. See id. at 246 (Stevens, J., dissenting) (stating that a policy "not at issue in this case ...

Cannon v. Washington-418 F.3d 714 (7th Cir. 2005)

Case • 2005

, Cannon argues that the district court erred when it vacated what he says were default judgments against three defendants: Curtis Rueter, Michael Turner, and Judson Childs. But Cannon misapprehends ...

Barnes v. Briley-420 F.3d 673 (7th Cir. 2005)

Case • 2005

of this lawsuit could not (and did not) satisfy that PLRA's exhaustion requirements. This may generate an overly technical result, but it is what the law requires. [22] R.69 at 3-4. Mr. Barnes appeals ...

Pierce County, Washington v. Guillen,-123 S.Ct. 720 (2003).

Case • 2003

this view, an officer who witnessed an accident would not be permitted to testify about that accident, if the officer summarized what he saw in a report that was later "collected" for §152 purposes. But see ...

Francis v. Couglin-891 F.2d. 43 (2nd Cir. 1989).

Case • 1989

to Francis's claims that Greiner denied him (1) his right to a hearing before a hearing officer who had not prejudged his guilt; (2) his right to be told what the evidence against him was, and to comment ...

State v. Olsen-586 So.2d 1239 (Fla. 1st Dis. App. 1991).

Case • 1991

of the State of Florida as to what conduct is or is not prohibited. Since a citizen of reasonable intelligence "must necessarily guess" as to which conduct is prohibited and which is permissible, this statute ...

O'Neill v. Krzeminski-839 F.2d 9 (2nd Cir. 1988).

Case • 1988

, who was on duty at the time. Plaintiff testified that these police officers shoved him and swore at him, prompting him to ask Krzeminski, "What are you, the gestapo? Is this Nazi Germany?" At this point ...

McCarthy v. Bronson-906 F.2d 835 (1990).

Case • 1991

waiver where a subsequent pleading alters the nature of the issue to be decided from what it appeared to be at the time of the waiver, the defendants' answer here had no such effect. 4. Free Transcript ...

Kenney v. Paderes-217 F.Supp.2d 1095 (D HI 2002)

Case • 2002

for the drug lorazepam-a drug prescribed by all doctors but those in the Hawaii state prison system. Indeed, the facts paint a picture of what could amount to a systematic and intentional pattern of denial ...

Howard v. King-707 F.2d 215 (5th Cir. 1983).

Case • 1983

. 1042, 103 S. Ct. 1438, 75 L. Ed. 2d 795 (1983). "The individual judge must not apply his own subjective view of what is cruel and unusual. Rather, his judgment "should be informed by objective factors ...

Beaudry v. Corrections Corporation of America-331 F.3d 1164 (10th Cir. 2003).

Case • 2003

and without either filing post-trial motions or informing them of the opportunity for them to do so. We are unsure what plaintiffs want from this court regarding this matter. In their opening brief, plaintiffs ...

Duamutef v. Hollins-297 F.3d 108 (2nd Cir. 2002)

Case • 2002

in the Streets" in the title and had what the staff perceived as a "provocative tone." This discovery was brought to the attention of defendant Almstead, a corrections lieutenant with supervisory responsibilities ...

Baker v. Zlochowon-741 F.Supp. 436 (SD NY 1990)

Case • 1990

what amounts to threats and intimidation by defendants in connection with his naming them as parties in legal actions. The sequence of events described by plaintiff also suggests a possible correlation ...

Halpin v. Simmons-33 Fed. Appx. 961 (10th Cir. 2002)

Case • 2002

the grounds for the § 1915A dismissal. We have noted that this circuit has not determined what standard of review applies to district court dismissals under § 1915A on the basis of frivolity, e.g ...