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Case • 2002
. J. Yraguen, Senior Judge. [7] Peter Gartlan, Chief Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Acting Executive Director, Office of Public ...
Case • 2003
)(1)), kidnapping (§ 207, subd. (a)), pandering (§ 266i), false imprisonment (§ 236), and unlawful possession of a firearm (§ 12021, subd. (e)). [26] The record shows petitioner entered ...
Case • 2003
] For Kenneth Jackson, PLAINTIFF: Eric E Packel, Husch & Eppenberger, Kansas City, MO USA. Anne W Schiavone, Husch & Eppenberger, Kansas City, MO USA. For Heath Austin, Mahlon Boyer, Brent Johnson, DEFENDANTS ...
Case • 2002
.3d 206, 211 (5th Cir. 1999). [19] Section 1983 provides, in pertinent part, that "[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State ...
Case • 2005
must give written notice to the owner of its intent to dispose of the property. WAC 137-36-040(3)(e). Not only do inmates have 6 or 12 months to designate the disposition of their property upon transfer ...
Case • 2005
the use of "may" in § 4046. See 18 U.S.C. § 3621(e)(1) ("the Bureau of Prisons shall, subject to the availability of appropriations, provide residents substance abuse treatment"); see also Lopez v. Davis ...
Case • 2001
Lubersky 1420 Fifth Ave., Ste.4100 Seattle, WA 98101 [8] The opinion of the court was delivered by: Agid, C.J. [9] Concurring: Walter E. Webster, Mary K. Becker [10] PUBLISHED OPINION ...
Case • 2001
[22] As the Supreme Court of the United States has noted, prisoners have an Eighth Amendment right to adequate medical care: [23] [E]lementary principles establish the government's obligation ...
Case • 2001
are: (a) In violation of constitutional or statutory provisions. (b) In excess of the statutory authority of the agency. (c) Made upon unlawful procedure. (d) Affected by other error of law. (e) Arbitrary or capricious ...
Case • 2002
to anticipate security problems and to adopt innovative solutions to the intractable problems of prison administration." Id. "[E]ven when an institutional restriction infringes a specific constitutional guarantee ...
Case • 2002
by the Department of Corrections and was in full compliance with the treatment programs. (See P-5 (c)(e)). Once again the Board scheduled another review for during or after March 2000. It forwarded the reasons ...
Case • 2003
or propriety of appointing inexperienced counsel in a case such as this," because "[w]e address not what is prudent or appropriate, but only what is constitutionally compelled." *fn30 While these policies may ...
Case • 2003
, 219 F.3d at 276 (holding that plaintiff must "demonstrat[e] that the municipal action was taken with 'deliberate indifference' to its known or obvious consequences"). [48] In this case ...
Case • 2003
., DEFENDANT. [6] Appeal from the United States District Court for the District of Arizona Raner C. Collins, District Judge, Presiding D.C. No. CV-99-00362-RCC [7] Counsel [8] Wanda E ...
Case • 2003
. [30] First, as the Supreme Court has explained, "[w]e do not... construe statutory phrases in isolation; we read statutes as a whole." United States v. Morton, 467 U.S. 822, 828 (1984). Thus, we ...
Case • 2000
adjacent thereto. (e) To improve the treatment environment in the following respects: (i) Use new living space to provide some separation between residents in treatment and those who have harassed treatment ...
Case • 2001
, Washington, for the plaintiffs-appellants. Christina M. Hutchins, Assistant Attorney General, Salem, Oregon, for the defendants-appellees. Joseph E. Bringman, Perkins Coie, Seattle, Washington, for the amici ...
Case • 2000
incentives to litigate, thereby placing prisoner civil rights plaintiffs more closely in the same decision making position as non-prisoner civil rights plaintiffs. See H.R. Rep. No. 104-21, 28 (1995) ("Th[e ...
Case • 2000
37(c)(1), which states that a "party that without substantial justification fails to disclose information required by Rule 26(a) or 26(e)(1) shall not, unless such failure is harmless, be permitted ...
Case • 2000
filed on October 31, 2000 Denied. COUNSEL: For WENDI KYLE FLOWERS, plaintiff: K Lee Cleveland, CLEVELAND & CLEVELAND PC, Jonathan E Lyerly, Birmingham, AL. For THOMAS EARL BENNETT ...
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