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Case • 2002
was in the custody of the New York City Department of Corrections. During that incarceration, medical personnel sent Morales for x-rays to determine whether he had a peptic ulcer. Although Morales never learned what ...
Case • 1981
) [64] Id. [65] There is no evidence what government interests a complete prohibition on Storseth's and Riddell's correspondence protects or why complete censorship is necessary. The state's ...
Case • 1989
' intention to correct what it believed to be an incorrect judicial interpretation by the Supreme Court in Darrone and Grove City required a retroactive application of the legislation. [35] This court ...
Case • 1988
, 82 S. Ct. 1417 (1962). Although the United States Supreme Court has not crafted a specific definition of what constitutes cruel and unusual punishment, it has "interpreted these words 'in a flexible ...
Case • 2003
to Bivens and § 1983 for what he alleges were violations of his Eighth and Fifth Amendment rights resulting from the individual defendants' "deliberate indifference" to his "health and safety." [22 ...
Case • 2001
must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an official action is protected by qualified immunity unless ...
Case • 2002
a fundamental right to adequate, effective, and meaningful access to the courts. Bounds v. Smith, 430 U.S. 817, 822, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977). There are no set parameters of what the right to access ...
Case • 2002
. Monroe County's Chief Deputy next contacted Dr. John Bearry, the Medical Director at the Mississippi State Penitentiary at Parchman, to determine what steps should be taken to transfer the Decedent given ...
Case • 2004
" had been found in the cell (Hicks Dep. 46), but that is the extent of what the summary judgment record shows. Nevertheless, the defendants do not dispute the representations of the plaintiff and I ...
Case • 1980
-------------------------------------------------------------------------------- [45] *fn1 Of additional assistance in evaluating the validity of these guidelines is the Government's explanation of what sort of "identifying mark or publication label" is required. During oral ...
Case • 1991
rule. Rather, he was reasonably placed in segregated confinement for what amounted to purely administrative reasons -- reasons anchored in a desire to foil his escape, thereby preserving institutional ...
Case • 1987
illegal activities;" 5) a letter Curran described as "pertaining to military activities, illegal transactions, contraband, etc.;" 6) a letter to Berg discussing what Curran characterized as "the troubles ...
Case • 1992
. v. Haworth, 300 U.S. 227, 239-41, 81 L. Ed. 617, 57 S. Ct. 461 (1937) (U.S. Const. art. III, § 2 requires a justiciable case or controversy as opposed to an abstract or hypothetical dispute). What ...
Case • 1989
and recommendation pro se. Throughout all of his filings, plaintiff alleged that defendants had deprived him of his constitutional right to receive the magazines, "no matter what the source." [32 ...
Case • 1993
in the publications by ordering them through the mail. [35] *fn2 As stated in his complaint, "the correspondence regulations permits a minority to decide what is good for the majority, notwithstanding ...
Case • 2002
insufficient to enable the court "to determine what action was taken by the D. O.C. . . . and whether or not there was any due process violation." R. Doc. 2, Ex. 1 at 4. [38] *fn5 The district court did ...
Case • 2002
appellee committed a sexually oriented offense. What evidence could appellee possibly present that would justify a finding that he is not? The fact of his conviction of attempted rape is established. When he ...
Case • 1974
. [19] III [20] This court must determine what issues have been preserved for appeal. In so doing we are bound by Haines v. Kerner, 404 U.S. 519, 30 L. Ed. 2d 652, 92 S. Ct. 594 (1972), reh ...
Case • 2007
might now place on Justice Powell's assertion that "the States should have substantial leeway to determine what process best balances the various interests at stake." Id., at 427. Under ...
Case • 2003
between correctional facilities "are made for a variety of reasons and often involve no more than informed predictions as to what would best serve facility security or the safety and welfare of the inmate ...
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