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Case • 2002
of terminating Mr. Hopkins did not run afoul of the court's Order.*fn3 [30] To determine whether the Sheriff violated the court's Order, it is helpful to first understand what affect or impact the Order had ...
Case • 2001
. As the Supreme Court explained: [21] Correctly viewed, § 5 is a positive grant of legislative power authorizing Congress to exercise its discretion in determining whether and what legislation is needed ...
Case • 2001
. See Allen v. McCurry, 449 U.S. 90, 96-97 (1980); Preiser v. Rodriguez, 411 U.S. 475, 497 (1973). Under Illinois law state law governs what effect the state court judgment will have in the subsequent ...
Case • 2001
what authority they had to stop and search her, Sergeant Radley responded that it was department policy. The officers ultimately released her and no charges were brought against her. On February 2, 1999 ...
Case • 2000
an indeterminate or reformatory sentence of imprisonment and of determining which inmates serving a definite sentence of imprisonment may be conditionally released and when and under what circumstances. N.Y ...
Case • 2001
will determine what remedies are available and appropriate under the circumstances. II. FINDINGS OF FACT The Fort Dodge Correctional Facility ("FDCF"), Fort Dodge, Iowa, opened in April of 1998. FDCF is a medium ...
Case • 2003
, 24, and 26. The Court notes that Plaintiff's Complaint does not identify what state constitutional provisions were allegedly violated by Defendants. Regardless of the constitutional provision ...
Case • 2002
regulations. Those are exactly the types of duties and responsibilities found in Cates and Nichol to be inherent to the parent-child relationship. * * * Both Cates and Nichol make clear that what matters most ...
Case • 2003
Trials 95 (1628). As noted by the Court in Smith, no matter what the fee, "if one does not have it and is unable to get it the fee might as well be $400,. . . ." Id. [28] Ironically, in the present ...
Case • 2001
or that the temperature was what defense counsel argued. Mr. Pickett's counsel [**16] did argue to the contrary during her rebuttal argument and I instructed the jury that arguments were not evidence. Again, in the context ...
Case • 1980
cent at institutions providing what he considered adequate treatment programs. [36] Finally, appellants were given the opportunity to participate in regular prison social activities, such as clubs ...
Case • 2003
Amendment," Curtis v. Loether, 415 U.S. 189, 192 n.6 (1974). We cannot infer the contrary from what was not said in Crane and Hendricks, and any possible inference drawn from the Court's silence cannot ...
Case • 2003
that the pleader is entitled to relief. FED. R. CIV. P. 8(a)(2). In reviewing the complaint on a motion to dismiss, no more is required from plaintiff's allegations of intent than what would satisfy Rule 8's notice ...
Case • 2006
(7th Cir. 1999). [19] Lagerstrom then filed what the district court construed as a motion for reconsideration. He requested that "the claim regarding transfer to WSPF be withdrawn" because he ...
Case • 2006
with a baseball bat, that person may file suit and obtain appropriate relief against the government." Interpreting such a statute to authorize only equitable relief would make little sense: what equitable relief ...
Case • 2007
years ago is now possible. Whether such raw data (as opposed to the records actually maintained) should be available, and what constraints, if any, should be placed on that access, is a public policy ...
Case • 2008
responded with an investigation and increased supervision to remedy the conditions complained of. Overall, the record presents a picture of what at times may well have constituted less than optimum care ...
Case • 2008
; the statement need only give the defendant fair notice of what the claim is and the grounds upon which it rests." Erickson v. Pardus, 551 U.S. 89, 127 S. Ct. 2197, 2200, 167 L. Ed. 2d 1081 (2007). However ...
Case • 2009
and a communication concerning that fact is an entirely different thing. The client cannot be compelled to answer the question, 'what did you say or write to the attorney?' but may not refuse to disclose any relevant ...
Case • 2008
as to disputed material facts concerning what constitutes 'community standards' of dental care under DOC policies, whether he was entitled to dental cleaning and scaling services, and the exact period of time ...
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