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Case • 2001
A. Madsen Concurring: Richard P. Guy Philip A. Talmadge Faith E Ireland Bobbe J. Bridge Dissenting: Charles W. Johnson Richard B. Sanders Charles Z. Smith Gerry L. Alexander [8] The opinion of the court ...
Case • 2003
As authority for their argument, Defendants cite decisions by our sister circuits interpreting a different provision of the PLRA, § 1997e(e), which does not concern attorney's fees. See, e.g., Thompson v. Carter ...
Case • 2002
order, and any response thereto, should be made a part of the record to allow this court to review any subsequent dismissal. [33] E. Simplified collection procedure [34] In order to simplify ...
Case • 2002
be regained. Kan. Admin. Reg. § 44-6-124(e) ("If the entire allocation of good t ime credits is not awarded at a program classification review, part of that allocation shall not be awarded at a later date ...
Case • 2003
of water meets the appropriate health standards. E. Smoke Detection/Fire Alarms and Food Service The court also finds that the replacement of the smoke detection/fire alarm system in Unit 32-C is adequate ...
Case • 1998
issue for trial." Fed. R. Civ. P. 56(e); Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). II. Plaintiff's Eighth Amendment Claim The Eighth Amendment ...
Case • 1998
the correctional program of the institution. . . . [W]e must balance the inmate's interest in avoiding loss of good time against the needs of the prison, and some amount of flexibility and accommodation is required ...
Case • 1998
as are available," 42 U.S.C. § 1997(e)(a)(1) (1994) (amended 1996) (emphasis supplied). Indeed, in McCarthy, the Supreme Court explicitly relied on this statute's requirement of "effective administrative remedies ...
Case • 1998
statements. The Court noted that "[e]ven if the agent's statement that he did not intend that [the inmate] would take affirmative steps to secure information is accepted, he must have known ...
Case • 1991
gallery wielding light bulbs and broom handles from there (sic) cells. See Defendants' Exh. E. The report also noted that Officer Flowers witnessed the incident and that Mr. Washington refused to sign ...
Case • 1995
. Anderson and submitted on the briefs of James E. Doyle, attorney general, and Peter C. Anderson, assistant attorney general. For the represented plaintiffs-respondents the cause was orally argued ...
Case • 1994
officers were present at an outdoor barbecue, held at the house of Corrections Officer James E. Cooke ("Cooke"). Both Plaintiff's and another officer's attire included a t-shirt adorned with a swastika ...
Case • 1996
fraud. E. The system should be as secure from inmate tampering as possible. F. The system should discourage fraudulent calling . . . . (Request for Proposals, Exhibit AA to Complaint, at p. 21 ...
Case • 1996
U.S.C. 1391(e), to include only mandamus actions) (quoting Brown v. Duchesne, 60 U.S. (19 How.) 183, 194, 15 L. Ed. 595 (1857)). [24] The clear import of the Prison Litigation Reform Act, as reflected ...
Case • 1999
arises. N.Y. Gen. Mun. Law § 50-e(1)(a)(McKinney 1986). In tort actions against a municipality, in addition to serving a notice of claim, a plaintiff must allege in the complaint that at least thirty ...
Case • 1996
, 101-02 (7th Cir. 1982), Ramos notified Watts that, pursuant to FED. R. CIV. P. 56(e), factual assertions in Ramos' evidentiary materials will be taken as true unless Watts submits his own evidentiary ...
Case • 1994
on the allegations contained in the pleadings alone. Id.; Fed.R.Civ.P. 56(e). Neither may the non-moving party rely on a "scintilla of evidence", Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 91 L. Ed. 2d 202 ...
Case • 1996
8, 1996, FILED COUNSEL: [**1] For JEFFERY ALNUTT, plaintiff: Margaret E. Somerset, Harris, Beach & Wilcox, Rochester, NY. For CLEARY, C.O., D. KENNOR, C.O., K. WHITE, C.O., GRUVER ...
Case • 1993
-5068 [4] filed: March 30, 1993. [5] JOEL E. DURMER v. DR. J. O'CARROLL, M.D.; ROBERT C. BARKER; WILLIAM FAUVER JOEL DURMER, APPELLANT [6] On Appeal From the United States District ...
Case • 1996
judgment GRANTED in part and DENIED in part. COUNSEL: KALONJI RA'ID JIHAD, plaintiff, [PRO SE], SCC-MAXIMUM, Maximum Control Complex, Westville, IN. For CHARLES E WRIGHT, individually ...
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