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Eckford El v. Toombs-760 F. Supp. 1267 (WD MI 1991)
Case • 1991
) ("The record does not suggest in any way that the defendant's [**6] actions were somehow unofficial. The capacity in which the individual defendants were in fact acting is what matters, not the [*1270] capacity ...
Duckworth v. Crank-969 F.2d 363 (7th cir. 1992) 113 S.Ct. 1290 (1992)
Case • 1992
for classification as an habitual offender, adding an extra thirty years to his 1981 sentence. Yet, though we may understand his lack of diligence, we cannot use it as cause to forgive his default. What Crank fails ...
Johnson v. Dept. of Public Safety & Correctional S-885 F. Supp. 817 (D MD 1995)
Case • 1995
, and the court [**13] must determine as a matter of law what process is due before an inmate's account can be docked by prison authorities. Campbell v. Miller, 787 F.2d 217, 222 (7th Cir. 1986); Quick v. Jones ...
Glover v. Johnson-75 F.3d 264 (6th Cir. 1996)
Case • 1996
. We are not called upon in this case to determine to what extent a parent-child relationship is a "fundamental right," as argued by plaintiffs, nor do we decide whether "parental rights ...
White v. Gittens-121 F.3d 803 (1st Cir. 1997)
Case • 1997
(1994) (stating that this is what "cognizable" ordinarily means). [40] *fn3 The Heck rule applies to Section(s) 1983 actions for declaratory relief as well as to Section(s) 1983 suits for damages. See ...
Knights v. United States-122 S.Ct. 587 (2001)
Case • 2001
) to believe that contraband is present." Id., at 872. [42] *fn4 The Government sees our unconstitutional conditions doctrine as a limitation on what a probationer may validly consent to in a probation ...
Alloway v. Hodge-Case No. Civ. 01-104-S (ED OK 2001)
Case • 2001
expired automatically after ninety days. III. This court is thus left with the question of what significance, if any, the hearing and the additional findings made by the magistrate judge and district ...
Volk v. Gonzalez-262 F.3d 528 (5th Cir. 2001)
Case • 2001
harsh results in some cases, but that is indisputably what the unambiguous language of the statute requires. Thus the district court did not err in construing § 1997(d)(2) to include Volk's award of fees ...
Moore v. Gibson-27 P.3d 483 (Okla.Crim.App. 2001)
Case • 2001
authorizes the filing of petitions for post-conviction relief, but does not define what constitutes "filing." Federal procedural law recognizes the "prisoner mailbox rule" whereby pro-se prisoners' legal ...
Williams v. Bowman-157 F.Supp.2d 1103 (ND CA 2001)
Case • 2001
that the sister and friends have first hand knowledge of Bowman's alleged assault and were they to relate what plaintiff told them happened, there would likely be hearsay problems. The other witnesses plaintiff ...
Davis v. City of New York-142 F.Supp.2d 461 (SD NY 2001)
Case • 2001
by Judge Cote is substantially what the City Department of Corrections did here. Its guidelines call for placement in medical isolation for a period not to exceed two weeks [**7] during which a comprehensive ...
Romaine v. Rawson-USDC, ND NY, No. 9:99-CV-603 (LEK/DRH)
Case • 2004
it is likely that the medical records were used as part of the proof in Plaintiff's excessive force claims, Plaintiff has not provided an explanation as to what medical records were obtained, and the Court ...
Wilkinson v. Dotson-125 S. Ct. 1242, (2005).
Case • 2005
the future date of release from custody, nor reduces the level of custody. That is what is sought here: the mandating of a new parole hearing that may or may not result in release, prescription ...
Gamradt v. Federal Laboratories Inc.-380 F.3d 416 (8th Cir. 2004).
Case • 2004
][10] We now must address what the district court terms as its alternative ground for granting summary judgment to DTCA. Under Minnesota law, a duty to warn can be imposed on a successor corporation only ...
Kowalski v. Tesmer-125 S. Ct. 564 (2004).
Case • 2004
(regardless of what their own Supreme Court said). 114 F. Supp. 2d 622 (ED Mich., June 30, 2000). Thus, the Federal District Court effectively trumped the Michigan Supreme Court's ruling; caused unnecessary ...
Waterman v. Commandant-U.S.D.B., 337 F.Supp.2d 1237 (D KS 2004).
Case • 2004
by submitting a request in writing through the Advisory Board, or request an exception to policy to the Commandant through the Advisory Board. The Advisory Board recommends to the Commandant what reading ...
Kalwasinski v. Morse-201 F.3d 103 (2nd Cir. 2000)
Case • 2000
questions of Coleman. However, Cerio explained to Kalwasinski at the hearing that he asked Coleman the question Kalwasinski requested and Coleman answered this question, stating what he witnessed ...
Shoats v. Horn-213 F.3d 140 (3rd Cir. 2000)
Case • 2000
or property' language of the Fourteenth Amendment. See Fuentes v. Shevin, 407 U.S. 67 (1972). Once we determine that the interest asserted is protected by the Due Process Clause, the question then becomes what ...
State ex rel Bray v. Russell-729 N.E.2d 359 (Ohio 2000)
Case • 2000
N.E. 81, 86. See, also, Stanton v. Tax Comm. (1926), 114 Ohio St. 658, 672, 151 N.E. 760, 764 ("the primary functions of the judiciary are to declare what the law is and to determine the rights ...
Cassanova v. Dubois-289 F.3d 142 (1st Cir. 2002)
Case • 2002
, from what judgment, to which appellate court." Id. at 767. In this case, the other prisoners may very well have believed that Casanova's appeal was sufficient to preserve the rights of all plaintiffs ...
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