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Case • 2005
to the hospital. But that doesn't mean Foelker didn't have a serious medical need, only that defendants took no action to treat him, which is exactly what Foelker claims was the problem. [18] The question ...
Case • 2001
that there is no evidence of Johnson having any undue influence over Tremper. In essence, the mere fact of Johnson's criminal history is what defendants are relying upon. This is insufficient to justify impeding ...
Case • 2001
while Frezzell was still in the shower, but the two did not meet. There is some debate as to whether defendant Bowles warned plaintiff that Frezzell was out of his cell and as to what plaintiff's response ...
Case • 2001
decided what standard of review applies to a district court's sua sponte dismissal under 28 U.S.C. § 1915A(b)(1). However, we have concluded that we review de novo a district court's dismissal under 28 ...
Case • 2003
3323 for a division "F" offense and three weekends of confinement to quarters. This was based on what the Senior Hearing Officer characterized as petitioner's "extensive history of similar disciplinary ...
Case • 2003
, identifying what programming would be necessary. The policy states that "{i}nmates who refuse to participate in programming to address identified risk/need factors will be subject to loss of earned time." Resp ...
Case • 2003
, § 13.01(a), (b); Thomas v. Ben Taub Gen. Hosp., 63 S.W.3d 908, 910 (Tex. App.-Houston [14th Dist.] 2002, no pet.). However, a trial court has no discretion in determining what the law is or applying the law ...
Case • 2001
. 14). She determined that in 1983 a 25-year old male would have earned on average $406 per week or $21,000 per year. Using what she characterized as a "conservative" rate of increase of 2% per year, Dr ...
Case • 2000
substantive changes to § 1915 since the Supreme Court's decision in Nietzke, see, e.g., Benson, 179 F.3d at 1016, these changes do not affect the Court's analysis so far as the decision attempts to clarify what ...
Case • 1999
to vote, to bear arms, and to engage in a profession, "[f]or a sentencing Judge to effect such a deprivation by factual findings that convert what would otherwise be a misdemeanor into a felony seems ...
Case • 2000
to discuss settlement after the court has ruled on the Defendants' Motion for Summary Judgment." R.76. The defendants' submission suggested exactly what Mr. Long concluded: without a ruling on the summary ...
Case • 2000
policy-making responsibilities to administrative agencies if (1) the Legislature provides standards defining what is to be done and by whom; and (2) procedural safeguards are present to control arbitrary ...
Case • 2000
with 42 U.S.C.S 1997e(a), whether Allah's claims seeking monetary damages are barred by 42 U.S.C. S 1997e(e), and what standard should be applied to a claim alleging retaliation for exercising the right ...
Case • 2002
that in the exercise of our appellate jurisdiction we have power not only to correct error in the judgment under review but to make such disposition on the case as justice requires. And in determining what justice does ...
Case • 2002
as a matter of law what predicate facts exist in order to decide whether or not the defendant's conduct violated clearly established law. Id. (quoting Arnott v. Mataya, 995 F.2d 121, 124 (8 th Cir. 1993 ...
Case • 2002
, and prepare a Report & Recommendation to this Court, regarding what fees are reasonable in light of this Order and the relevant limitations of the PLRA. Therefore, having been advised in the premises ...
Case • 1998
of the rehabilitative process; what matters is that they significantly restrain petitioner's liberty to do those things which in this country free men are entitled to do." Id. at 243. [31] Also, a convict released ...
Case • 1997
persists in taking an appeal on the merits, payment of the full appellate filing fees and costs, less what has already been collected, must be made within 30 days or the appeal will be dismissed for want ...
Case • 1996
to indicate what would not constitute reasonable doubt, such as a "surmise" or a "guess." The judge then entered troubled waters by stating, "[i]t's not even a feeling that a defendant may not be guilty ...
Case • 1993
industries and what amount to pay them are committed to the discretion of the commissioner of the DOC. Minn.Stat. § 243.23, subd. 1. In a case involving similar statutes, the Eighth Circuit has held ...
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