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G Cite
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987
2006
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
MidCap Business Credit, LLC v. Midcap Financial Trust
ncontestable status does not make a weak mark strong
discussed
Cited as authority (quoted)
MidCap Business Credit, LLC v. Midcap Financial Trust
ncontestable status does not make a weak mark strong
examined
Cited as authority (quoted)
Kaiser Steel Corp. v. Jacobs (In Re Kaiser Steel Corp.)
the fact that a proceeding is equitable does not give the judge a free-floating discretion to redistribute rights in accordance with his personal views of justice and fairness, however, enlightened those views may be
examined
Cited as authority (quoted)
Lowrey v. First National Bank of Bethany (In Re Robinson Bros. Drilling, Inc.)
the fact that a proceeding is equitable does not give the judge a free-floating discretion to redistribute rights in accordance with his personal views of justice and fairness, however enlightened those views may be
examined
Cited as authority (rule)
Russell E. Newman v. James H. Gomez, Director, Department of Corrections
(7×)
also: Cited "see"
Id. at 1104. 10 In his original complaint, Newman alleged that he appeared before the ICC on December 21, 1992, and that the ICC reclassified his custody level to "Close A" pursuant to prison policy.
cited
Cited as authority (rule)
Albert Young v. Daniel J. McCarthy
Id. at 1099. 6 On November 24, 1983, Young was placed in administrative segregation pending the investigation of charges that he assaulted another prisoner.
examined
Cited as authority (rule)
Gregory Patterson v. G.H. Baldwin Frank Hall M. Tangney P. Anderson D.R. Irwin
(3×)
also: Cited "see"
Id. at 1104. 7 Here, defendants submitted the affidavit of Housing Unit Officer Tangney which states that on June 7, 1993, she observed Patterson shadow-boxing with another inmate.
discussed
Cited as authority (rule)
Mitchell Craig Blocker v. Peggy L. Kernan, Warden
Toussaint v. McCarthy, 801 F.2d 1080, 1100 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987) (Toussaint I ). 6 Blocker claims that his due process rights were violated because prison officials relied on confidential sources in placing Blocker in administrative segregation and failed to allow Blocker to call a witness. "[D]ue process does not require disclosure of the identity of any person providing information leading to the placement of a prisoner in administrative segregation." Id. at 1101.
discussed
Cited as authority (rule)
Melvin Harris v. Charles D. Marshall, Warden, and K. Ater
Id. at 1099. 4 We agree with the district court that defendants submitted adequate documentary proof that Harris received detailed written notice of the charges against him, timely hearings in which he was given the opportunity to present witnesses, and post-hearing written decisions describing the reasons for placing him in administrative segregation.
examined
Cited as authority (rule)
Thesolonia Baker v. Charles D. Marshall H.A. Ripptoe
(3×)
also: Cited "see"
Id. at 1104.
examined
Cited as authority (rule)
Jack Lloyd Morris v. James Rowland
(4×)
also: Cited "see"
Id. at 1100-01.
cited
Cited as authority (rule)
Kalonji Nkrumah, Also Known as James H. Dunville v. Dick Clark, R. Bronnenberg, Charles Adkins
"Denial of contact visitation simply does not amount to the infliction of pain." Id. at 1113.
discussed
Cited as authority (rule)
J.S. Whitaker v. Sgt. Tsnor, C.O. Brown
(2×)
also: Cited "see"
Id. at 1100-01. 5 It is undisputed that Whitaker spent less than seventy-two hours in administrative segregation.
cited
Cited as authority (rule)
Snaman v. Thornburgh
But "idleness and the lack of programs are not eighth amendment violations." Id. at 1106.
cited
Cited "see"
Hamilton v. Davis
See Toussaint v. McCarthy, 801 F.2d 1080, 1091-92 (9th Cir. 1986) (applying 24 Hewitt v. Helms, 459 U.S. 460 (1983)), cert. denied, 481 U.S. 1069 (1987).
discussed
Cited "see"
Benjamin v. Fraser
Lighting in non-medical areas (includes mental observation units) In Hoptowit v. Spellman, the Ninth Circuit recognized that “[ajdequate lighting is one of the fundamental attributes of ‘adequate shelter’ required by the Eighth Amendment” and affirmed the district court’s determination after trial that lighting was constitutionally inade *181 quate where “the lighting was so poor that it was inadequate for reading and caused eyestrain and fatigue.... ” 753 F.2d 779, 783 (9th Cir.1985); accord, Toussaint v. McCarthy, 597 F.Supp. 1388, 1409 (N.D.Cal.1984), aff'd in part and rev’d…
cited
Cited "see"
Koch v. Lewis
See Toussaint v. McCarthy (Toussaint IV), 801 F.2d 1080, 1103-1106 (9th Cir.1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987).
cited
Cited "see"
Neles-Jamesbury, Inc. v. Valve Dynamics, Inc.
See Oreck Corp. v. U.S. Floor Systems, Inc., 803 F.2d 166, 170 (5th Cir.1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 ; Brandtjen, 765 F.Supp. 1551, 1565 (N.D.Tex. 1991).
discussed
Cited "see"
Graves v. United States
See Schowengerdt v. General Dynamics Corp., 823 F.2d 1328 , 1332-33 n. 3 (9th Cir.1987) (citing United States v. Yakima Tribal Court, 806 F.2d 853, 859 (9th Cir.1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2461 , 95 L.Ed.2d 870 (1987)); see also Kenyatta v. Moore, 623 F.Supp. 224, 228 (S.D.Miss.1985) (holding that federal employee who uses his office to commit a federal constitutional violation is not allowed to claim that office as grounds for an absolute immunity defense).
discussed
Cited "see"
Frank J. Taylor v. United States of America Internal Revenue Service
See Shenker v. Commissioner, 804 F.2d 109 , 114 n. 6 (8th Cir.1986) (observing that courts, including the Eighth Circuit, “have uniformly upheld the constitutionality of the Tax Court,” and citing cases), cert. denied, 481 U.S. 1068 , 107 S.Ct. 2460 , 95 L.Ed.2d 869 (1987).
discussed
Cited "see"
Elvis Presley Enterprises, Inc. v. Capece
Domino’s Pizza, 615 F.2d at 263 ; see Oreck Corp. v. U.S. Floor Systems, Inc., 803 F.2d 166, 173 (5th Cir.1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987) (holding that concurrent use for seventeen months with no actual confusion is “highly significant” in overall assessment when evidence as to other factors is lacking); Greentree Laboratories, Inc. v. G.G.
cited
Cited "see"
Leopoldo Cardenas v. C/o Skillings
Fed.R.Civ.P. 52(a); see Toussaint v. McCarthy, 801 F.2d 1080, 1087 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987) We review the district court's conclusions of law de novo.
discussed
Cited "see"
Alvin Howard Canell v. Riz Bradshaw Warner Johnson Preston Bebee Clackamas County Frank Hall Denis Dowd Susan E Hilderbrand, Alvin Howard Canell v. Frank a Hall, Director of Oregon Department of Corrections Oregon Public Utility Commission John/jane Doe, John Doe 1, John Doe 2, Jane Doe (In Official and Individual Capacities) Trent v. Axen, Law Library Coordinator or State Penitentiary Harvey Sewoul, Assist. Supt. Social Services or State Penitentiary
See Toussaint v. McCarthy, 801 F.2d 1080, 1109-10 (9th Cir.1986) (paging system at San Quentin prison unconstitutional), cert. denied, 481 U.S. 1069 (1987); Williams v. Leeke, 584 F.2d 1336, 1339 (4th Cir.1978), cert. denied, 442 U.S. 911 (1979); Corgain v. Miller, 708 F.2d 1241, 1250 (7th Cir.1983) ("exact cite" system is unconstitutional).
cited
Cited "see"
Montgomery Ward & Company, Incorporated v. National Labor Relations Board, and Warehouse Union, Local 730, A/w International Brotherhood of Teamsters, Afl-Cio, Intervenor. National Labor Relations Board v. Montgomery Ward & Company, Incorporated
See Hunter Douglas, Inc. v. NLRB, 804 F.2d 808, 813-15 (3rd Cir.1986), cert. denied, 481 U.S. 1069 (1987); see also Abbey's Transp.
cited
Cited "see"
Montgomery Ward Co v. NLRB
See Hunter Douglas, Inc. v. NLRB, 804 F.2d 808, 813-15 (3rd Cir. 1986), cert. denied, 481 U.S. 1069 (1987); see also Abbey's Transp.
discussed
Cited "see"
Aero-Motive Co. v. U.S. Aeromotive, Inc.
See Oreck Corp. v. United States Floor Sys., Inc., 803 F.2d 166, 173 (6th Cir.1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987) (no actual confusion in 17 months of concurrent sales considered highly significant).
discussed
Cited "see"
Bonin v. Calderon
See Toussaint v. McCarthy, 801 F.2d 1080, 1095 (9th Cir.1986) (where statute created only possibility of early release it did not create constitutionally protected liberty interest), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987).
discussed
Cited "see"
96 Cal. Daily Op. Serv. 1320, 96 Daily Journal D.A.R. 2038 William George Bonin v. Arthur Calderon, Warden, (Two Cases). William George Bonin v. Arthur Calderon, Warden
See Toussaint v. McCarthy, 801 F.2d 1080, 1095 (9th Cir.1986) (where statute created only possibility of early release it did not create constitutionally protected liberty interest), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987).
cited
Cited "see"
Lacey Mark Sivak v. Kelly Mutch, Dr. R. Frosheisar Charles Steuart, Dr.
See Toussaint v. McCarthy, 801 F.2d 1080, 1105 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).
discussed
Cited "see"
Coleman v. Wilson
See Toussaint v. McCarthy, 801 F.2d 1080, 1086-87 (9th Cir.1986) cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987). 17 The need to strike that balance, common sense, and the clinical nature of the problem, all suggest that standards to insure compliance with the Eighth Amendment can only be developed contextually. *1302 The magistrate judge relied on the six elements described in Balia, 595 F.Supp. at 1577 , as the basic framework for a constitutionally adequate mental health care system.
discussed
Cited "see"
Searcy v. Singletary
Our conclusion is buttressed by Parker v. Cook, 642 F.2d 865 (5th Cir. Unit B Apr. 1981). 4 In that case, which also involved administrative segregation in a Florida institution, we stated: “Regardless of what the state chooses to call the confinement to which plaintiff was subjected, the fact remains that the state, through regulation if not practice, had granted plaintiff a liberty interest in being free from arbitrary transfers from the general [prison] population to disciplinary segregation.” Id. at 875 ; see also Granger v. Florida State Prison, 424 So.2d 937, 938 (Fla.Dist.Ct.App.198…
cited
Cited "see"
Douglas Edward Green v. Cso Strack, a Prison Guard AKA Cso Stratt
See Toussaint v. McCarthy, 801 F.2d 1080, 1110 (9th Cir.1986) (affirming scope of relief granted by district court for noise level in the prison), cert. denied, 481 U.S. 1069 (1987).
cited
Cited "see"
Alejandro O. Lopez v. Samuel Lewis
See Toussaint v. McCarthy, 801 F.2d 1080, 1094-95 (9th Cir. 1986), cert. denied, 481 U.S. 1069 (1987).
cited
Cited "see"
Emmett M. Oliver v. Theo White, Warden
See Toussaint v. McCarthy, 801 F.2d 1080, 1094-1095 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).
discussed
Cited "see"
Pfizer Inc. v. Astra Pharmaceutical Products, Inc.
See Oreck Corp. v. U.S. Floor Systems, Inc., 803 F.2d 166, 170 (6th Cir.1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987) (XL is “widely used on a variety of commercial goods, including cameras, computers, automobiles, audiotapes and chainsaws”). (e) Lack of Evidence of Actual Confusion PROCARDIA XL and TOPROL XL have been on the market eoextensively for approximately 30 months and hundreds of thousands of prescriptions have been written for these products.
discussed
Cited "see"
Anderson v. Vasquez
See Toussaint v. McCarthy, 801 F.2d 1080 (9th Cir.1986) cert. denied 481 U.S. 1069 , 107 S.Ct. 2462 (1987) (prisoners have no right to contact visits); Hernandez v. Coughlin, 18 F.3d 133 (2nd Cir.1994) (prisoners have no right to conjugal visits because "[r]ights of marital privacy ... are necessarily and substantially abridged in the prison setting"); Bellamy v. Bradley, 729 F.2d 416, 420 (6th Cir.1984) cert. denied 469 U.S. 845 , 105 S.Ct. 156 (1984) ("prison inmates have no absolute constitutional right to visitation"); Ramos v. Lamm, 639 F.2d 559 , 580 n. 26 (10th Cir.1980) cert. denied, 4…
cited
Cited "see"
John G. Holliday, Jr. v. Elahon Center
See id. 13 Fifth, Holliday contends White failed properly to file and serve the detention documents required under the statute.
discussed
Cited "see"
Gary St. Hilaire v. Sam Lewis, Director
This contention lacks merit. 14 To state an arguable section 1983 claim for failure to provide medical care, the prisoner must allege that the defendants' "acts or omissions [were] sufficiently harmful to evidence a deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106 (1976); accord Toussaint v. McCarthy, 801 F.2d 1080, 1111 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987). 15 There is no dispute that St.
cited
Cited "see"
United States v. Kenneth Ohler
See Toussaint v. McCarthy, 801 F.2d 1080, 1089 (9th Cir.1986), ce rt. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987).
cited
Cited "see"
James Edward Clayton v. Robert J. Tansy, Warden, His Agents, Servants, Employees and Others Acting in Aid And/or Concert Therewith
See id. at 1110.
discussed
Cited "see"
Byron Alston v. H. Christian Debruyn
Hewitt, 459 U.S. at 476 , 103 S.Ct. at 873 ; see Toussaint v. McCarthy, 801 F.2d 1080, 1100-01 (9th Cir.1986) ("[T]he due process clause does not require detailed written notice of charges, representation by counsel or counsel-substitute, an opportunity to present witnesses, or a written decision describing the reasons for placing the prisoner in administrative segregation."), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987); cf. Wolff v. McDonnell, 418 U.S. 539 , 94 S.Ct. 2963 , 41 L.Ed.2d 935 (1974) (inmates facing loss of good-time credits arising from disciplinary charg…
discussed
Cited "see"
Larry Odoms v. Robert Borg
See Toussaint v. McCarthy, 801 F.2d 1080, 1113-14 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987). 8 AFFIRMED. * The panel unanimously finds this case suitable for submission on the record and briefs and without oral argument.
discussed
Cited "see"
Garcia v. Pugh
See Toussaint v. McCarthy, 801 F.2d 1080, 1114 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987). 9 Lastly, Garcia contends he was denied equal protection when he was confined to the maximum security unit because, in classifying him to that unit, prison officials treated him differently than other similarly situated individuals.
cited
Cited "see"
United States v. Kenneth Ohler
See Toussairt v. McCarthy, 801 F.2d 1080, 1089 (9th Cir. 1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2462 , 95 L.Ed.2d 871 (1987).
cited
Cited "see"
Jacquelyn Hayman v. Commissioner of Internal Revenue
I.R.C. § 6013(e)(1); see Shenker v. Commissioner, 804 F.2d 109, 113 (8th Cir.1986), cert. denied, 481 U.S. 1068 , 107 S.Ct. 2460 , 95 L.Ed.2d 869 (1987).
cited
Cited "see"
Nunnemaker v. Ylst
See Toussaint v. McCarthy, 801 F.2d 1080, 1094 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).
discussed
Cited "see"
Leon R. Rattler v. William Gaspar, Warden, Deputy Warden Roger Crist, Warden William Complex, Librarian
(2×)
See Toussaint v. McCarthy, 801 F.2d 1080, 1109-10 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).
discussed
Cited "see"
David C. Rosevell v. George Deeds, Warden
Moreover, "a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim [under section 1983]...." Id. at 106 ; see Toussaint v. McCarthy, 801 F.2d 1080, 1113 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987). 5 Here, Rosevell challenged the medical treatment he received for his narcolepsy while he was incarcerated in the Nevada Department of Prisons ("NDOP").
Retrieving the full opinion text from the archive…
Lee
v.
Webb, Secretary of the Navy
v.
Webb, Secretary of the Navy
No. 86-1368.
Supreme Court of the United States.
May 26, 1987.
Published
C. A. 9th Cir. Certiorari denied.