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Case • 2002
) (surgical intrusion to remove a bullet). However, "what a person [**6] knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection." Katz, 389 U.S. at 351 ...
Case • 2000
-to-day management of prisons and to second-guess what are essentially prison managerial decisions. See, e.g., Spruytte v. Walters, 753 F.2d 498, 507 (6th Cir. 1985), quoting Mich. Admin. Code r. 791.6603 ...
Case • 1977
. And the assertion by the defendants that they had a right not only to take the moneys away from plaintiffs temporarily but also to confiscate them permanently is what brought about this lawsuit. [45] Having ...
Case • 1997
meet . . . for a full study of the cases of all prisoners eligible for release on parole, and for determining when [**9] and under what conditions and to whom such parole may be granted. . . . A majority ...
Case • 2002
by which the correctional authorities . . . have granted the exclusive rights to telephone companies in return for what the plaintiffs characterize as kickbacks." Unlike the plaintiffs in Arsberry, however ...
Case • 2001
that DOC policy includes withholding that response, I suggest that respect for inmate rights is what is being sacrificed under DOC policy. The expungement remedy becomes a myth. [39] The third ...
Case • 1985
in reading what the sender has to say. These interests are not undercut by the fact that a subscription also represents a commercial transaction. The Supreme Court has held that commercial speech also ...
Case • 2002
liability nor consented to what counsel termed in oral argument a "gratuitous resolution," the January 24th Order was a stipulated settlement -- not a court approved consent decree -- and therefore ...
Case • 2002
testified that the inmates in the shower were disinterested in what was happening with Turner. Adams explained that this behavior was unusual because normally when a fellow inmate was injured, the other ...
Case • 1974
by the doctors cannot be completely foreclosed. The complaint here alleges more than what we found insufficient in United States ex rel Hyde v. McGinnis, 429 F.2d 864 (2d Cir. 1970), relied upon by the district ...
Case • 1991
process, however informal." Id. at 482. In determining what process is due, the Court considered the fact-intensive nature of the parole revocation decisionmaking process: [31] The first step ...
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 ...
Case • 1990
of the letter contained what has been construed as a threat against Thomas Munz's former lawyer. During a prison shakedown, a guard noticed an envelope in Munz's brother's cell containing batches and the letter ...
Case • 1989
conclude that it had a less restrictive way of solving the problem at hand. Courts inevitably would become the primary arbiters of what constitutes the best solution to every administrative problem, thereby ...
Case • 2004
with a shoelace and that he asked Mr. Patterson what he was doing. Mr. Patterson told Corporal Ondrey that he was weaving a cross. Corporal Ondrey took the shoelace away as contraband. Corporal Ondrey testified ...
Case • 2001
of Appeals and the United States Supreme Court have reviewed the issue of what security measures are appropriate when a defendant is tried before a jury. The Supreme Court held in Illinois v. Allen, 397 U.S ...
Case • 2005
F. Supp. 2d at 1191. What remained to be resolved was which plaintiffs should receive those damages - each of the 37,000 class members or just the seven class representatives? -and also the amount ...
Case • 1999
] DIANA GRIBBON MOTZ, Circuit Judge: This appeal presents questions as to whether, and to what extent, the limits on attorney's fees in the Prison Litigation Reform Act govern fees sought by a non-prisoner ...
Case • 2000
, the magistrate judge found that the complaint impermissibly relied on conclusory allegations despite three opportunities to amend, guidance from the court as to what must be alleged, and specific admonitions ...
Case • 1999
that the terms "private corporations,"*fn13 "contractors," or "independent contractors" are glaringly absent from the delineation of what constitutes a "political subdivision." See W. Va. Code § 29-12A-3(c ...
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