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Case • 1983
, Judge. [7] William E. Marsh, Legal Services Org. of Indiana, Indianapolis, IN, for Appellants. [8] David A. Arthur, Office of the Atty. Gen., Indianapolis, IN, Martha Schatz Volk, Newby ...
Case • 1981
issued injunctions similar to the one challenged in this case based on a finding that the totality of conditions violated the Eighth Amendment. See, e. g., Palmigiano v. Garrahy, 443 F. Supp. 956 (D.R.I ...
Case • 1982
S. Ct. 2392 (1981). [50] E. Garza's Security Classification and Denied Transfer [51] Garza's remaining objections may be addressed briefly. There was no evidence in the record ...
Case • 1979
. Supp. 1339 [4] March 5, 1979 [5] JOHN DOE v. ROBERT LALLY, et al. [6] E. Dale Adkins, III, Baltimore, Md., for plaintiff. , John P. Stafford, Jr., Asst. Atty. Gen., Baltimore, Md ...
Case • 2005
in the course of defending a client accused of crime.' Otto M. Kaus & Ronald E. Mallen, The Misguiding Hand of Counsel--Reflections on 'Criminal Malpractice,' 21 UCLA L. Rev. 1191, 1191 n.2 (1974). [69 ...
Case • 2005
Cir. 1982). Moreover, "[e]xercise has been determined to be one of the basic human necessities protected by the Eighth Amendment," LeMaire v. Maass, 12 F.3d 1444, 1457 (9th Cir. 1993), and a long-term ...
Case • 2000
, Wyoming and Colorado statutes specifically provide for such transfers. See Wyo. Stat. Ann. § 25-1-105(e); Colo. Rev. Stat. §§ 17-1-104.5, -105(1)(f). Moreover, there is no federal constitutional right ...
Case • 1989
, III, AND HIRSHEL JAFFEE, DEFENDANTS-APPELLANTS [6] Appeal from a decision of the United States District Court for the Southern District of New York (Charles E. Stewart, Jr., Judge) holding ...
Case • 1986
defects. "[E]very federal appellate court has a special obligation to 'satisfy itself not only of its own jurisdiction, but also that of the lower courts in a cause under review.'" 54 U.S.L.W. at 4308 ...
Case • 2000
pursuant to Sandin v. Conn[e]r, [515 U.S. 472] (1995); (c) whether appellant may challenge the disciplinary hearings pursuant to Edwards v. Balisok, [520 U.S. 641] (1997); and (d) whether the hearing ...
Case • 2000
. . . . [T]he reason they do this is because [they] can actually be reimbursed their fees, all of them . . . . [W]e have said . . . you can only be paid if you win, and you can only be paid on the part ...
Case • 1984
CIRCUIT [2] Nos. 82-2453, 82-2454, 82-2456, 82-2457 [3] 1984, 732 F.2d 1338 [4] decided: April 26, 1984. [5] UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. THOMAS E ...
Case • 2002
children"); United States v. Bakhtiari, 913 F.2d 1053, 1057 (2d Cir. 1990) ("[W]e believe . . . that a claim that a defendant's family has been threatened might help establish the defense of duress ...
Case • 1988
for trial. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986); see also Fed. R. Civ. P. 56(e). Here, Franco did not present any additional facts though affidavits ...
Case • 1991
to call witnesses in his disciplinary hearing, dismissal of petition for writ of habeas corpus is reversed. Dismissal of Bivens action is affirmed. [7] CHARLES E. F. MILLARD, JR., New York, New York ...
Case • 2004
showing a genuine issue for trial. FED. R. CIV. P. 56(e). However, the non-movant cannot satisfy this burden with conclusory allegations, unsubstantiated assertions, or only a scintilla of evidence. Little ...
Case • 1979
for violations of the Civil Rights Act and for breach of contract, in the United States District Court for the Eastern District of New York, George C. Pratt, Judge. [7] Steven E. Harbour, Philip K. Howard ...
Case • 2002
Department v. Sitz, 496 U.S. 444, 450 (1990), the Ninth Circuit emphasized that "[e]ven in the law enforcement context, the State may interfere with an individual's Fourth Amendment interests with less than ...
Case • 1989
., DEFENDANTS-APPELLANTS, CROSS-APPELLEES [6] Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 84 C 3905 -- Paul E. Plunkett, Judge. [7 ...
Case • 2005
terminated by incarceration" but it noted that "[w]e must accord substantial deference to the professional judgment of prison administrators, who bear a significant responsibility for defining the legitimate ...
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