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Case • 2005
reasoning applies to this request as well. The request is denied. [39] The city claims this case is now moot and Connor is barred by res judicata. RAP 18.9(c) allows an appellate court to dismiss ...
Case • 2001
the district court's order on an abuse of discretion basis. See Bur ns v. United States, 287 U.S. 216, 222, 53 S.Ct. 154, 156 (1932); United States v. D'Amato, 429 F.2d 1284, 1286 (3d Cir . 1970). [26] B ...
Case • 2001
a magistrate judge. See 28 U.S.C. § 636(c); Fed. R. Civ. P. 73. Following a full trial on the merits, the appellees filed a motion for judgment as a matter of law. The magistrate judge granted the motion ...
Case • 2000
' claims against the individual defendants were voluntarily dismissed. Now before the Court are the motions of defendant City of Kalamazoo for judgment on the pleadings pursuant to Fed.R.Civ.P. 12(c ...
Case • 2002
DISPOSITION: [**1] Motion to Dismiss granted in part and denied in part. COUNSEL: For Plaintiff: Richard P. Rocco, Andrew C. Allen. For Defendants: James W. Porter, Benjamin S. Goldman, William R. Hill ...
Case • 1997
be granted if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). If the moving party shows that there are no genuine issues ...
Case • 1990
LEGAL STANDARDS A. The Summary Judgment Standard Fed. R. Civ. P. 56(c) provides that summary judgment shall be granted: if the pleadings, depositions, answers to interrogatories, and admissions on file ...
Case • 2008
was to petition for mandamus to correct the agency's interpretation of the statute and that mandamus relief was covered by the one-year time limitation of section 95.11(5)(f), rather than rule 9.100(c)(2). We also ...
Case • 1981
Angeles County, Orange County, San Diego County, and San Francisco. (Evid. Code, ?? 452, subds. (b), (c), and 200.) [73] *fn7 While we are cognizant that the "'bail system . . . frequently works ...
Case • 2001
no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(c); accord Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247 (1986); Vitkus v ...
Case • 2001
dispute exists if a reasonable jury could return a verdict for the nonmoving party. See Anderson, 477 U.S. at 248, 106 S.Ct. 2505. [18] B. 42 U.S.C. § 1983-Eighth Amendment [19] 1. Excessive ...
Article • July 1, 2018 • from PLN July, 2018
Filed under: News in Brief
Sacramento on October 20, 2017. Investigators said prison staff first tried to break up a fight among four prisoners on the facility’s Recreation Yard B using pepper spray grenades and a warning shot ...
Article • April 1, 2017 • from PLN April, 2017
, aka “Smiles,” was charged with raping his cellmate at the Earnest C. Brooks Correctional Facility. His victim told prison staff that White had used force to sexually penetrate him while ...
Article • May 5, 2017 • from PLN May, 2017
Filed under: News in Brief
Salem County Correctional Facility guard Elbert B. Johnson II, 30, pleaded guilty on January 9, 2017 to third-degree official misconduct and second-degree sexual assault for entering a prisoner’s ...
Article • May 4, 2018 • from PLN May, 2018
Filed under: News in Brief
. Assistant District Attorney Hank Syms said Blount was found with 27.9 grams of marijuana after he triggered the metal detector several times when he reported to work. Judge Sheryl B. Jolly sentenced ...
Brief • December 19, 2008
. JURISDICTION AND VENUE: 1.1. This action is properly before this court as: A) Defendant Peninsula College is a public college entirely located within this county; B) Individual Defendants are known or reasonably ...
Brief • 2008
to perform; (b) Denying and delaying Plaintiff treatment by not ordering follow-up care despite knowing that Plaintiff had no funds; (c) Providing treatment that was so woefully inadequate as to constitute ...
Brief • 2010
fact and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). There must be no genuine issue of material fact. Anderson v~ Liberty / ),' Lobby, Inc., 477 U.S. 242, 247-48 ...
Brief • 2006
) the failure to screen inmates properly for mental illnesses, and 5) the absence of a mental health records system. (Doc. 46). Defendants similarly dispute the same. See supra Part B, 1. The parties agree ...
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