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Positive treatment
Quoted verbatim 4×
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Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989
2007
2026
Top citers, strongest first. 29 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
ANTONIO LACY v. JOHN COUGHLIN & another.
prison officials have a duty . . . to protect prisoners from violence at the hands of other prisoners
discussed
Cited as authority (quoted)
Montgomery v. Ferentino
without question, prison officials have an affirmative duty to protect inmates 18 (4:17cv2326) from violence perpetrated by other prisoners.
discussed
Cited as authority (quoted)
Frank & Breslow, LLP v. United States
the initial difficulty thus faced by is that a suit based on a trust obligation sounds in equity.
cited
Cited as authority (rule)
Stanton v. Joyner
However, not “every injury suffered by one prisoner at the hands of another … translates into constitutional liability for prison officials.” Id. at 834 (internal quotations omitted).
discussed
Cited as authority (rule)
Stanton v. Joyner
Prison officials have a duty under the Eighth Amendment to “take reasonable measures to guarantee the safety of inmates,” including a duty “to protect prisoners from violence at the hands of other prisoners.” Farmer v. Brennan, 511 U.S. 825, 833-34 (1994) (quoting Hudson v. Palmer, 468 U.S. 517, 526-27 (1984), and Cortes-Quinones v. Jimenez-Nettleship, 842 F.2d 556, 558 (1st Cir. 1988), cert. denied 488 U.S. 823 (1988)).3 However, not “every injury suffered by one prisoner at the hands of another … translates into constitutional liability for prison officials.” Id. at 834 (intern…
discussed
Cited "see"
Williams v. Central Money Co.
See Faison v. Nationwide Mortgage Corp., 839 F.2d 680 (D.C.Cir.1987), cert. denied, 488 U.S. 823 , 109 S.Ct. 70 , 102 L.Ed.2d 46 (1988); Lawson v. Nationwide Mortgage Corp., 628 F.Supp. 804 (D.D.C.1986).
cited
Cited "see"
Pate v. Worthington
See Cortes-Quinones v. Jimenez-Nettleship, 842 F.2d 556 (1st Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 (1988).
cited
Cited "see"
Annabelle Lipsett v. Gumersindo Blanco
See Cortes-Quinones v. Jimenez-Nettleship, 842 F.2d 556, 564 (1st Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 (1988); Wildman, 771 F.2d at 614 .
cited
Cited "see"
Cameron v. Tomes
See Cortenes-Quinones v. Jimenz-Nettleship, 842 F.2d 556, 558, 560 (1st Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 (1988).
discussed
Cited "see"
Ronald C. Hutchinson v. Brenda J. Stuckey
See Faison v. Nationwide Mortgage Corp., 839 F.2d 680, 693-94 (D.C.Cir.1987) (where new trial on damages would be "unduly burdensome on the parties,” the district court "should condition his order for a new trial on a remittitur in the appropriate amount”) (on rehearing), cer t. denied, 488 U.S. 823 , 109 S.Ct. 70 , 102 L.Ed.2d 46 (1988). 6 .
discussed
Cited "see"
Moore v. Winebrenner
See Cortes-Quinones v. Jimenez-Nettleship, 842 F.2d 556, 558 (1st Cir.) ("When prison officials ... are 'deliberately indifferent' either to prisoners' health or safety, they violate the Constitution."), cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 (1988); Pressly v. Hutto, 816 F.2d 977, 979 (4th Cir.1987) ("eighth amendment protects a convicted inmate from physical harm at the hands of fellow inmates resulting from the deliberate or callous indifference of prison officials to specific known risks of such harm").
discussed
Cited "see"
Moore v. Winebrenner
See Cortes-Quinones v. Jimenez-Nettleship, 842 F.2d 556, 558 (1st Cir.) (“When prison officials ... are ‘deliberately indifferent’ either to prisoners’ health or safety, they violate the Constitution.”), cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 (1988); Pressly v. Hutto, 816 F.2d 977, 979 (4th Cir.1987) (“eighth amendment protects a convicted inmate from physical harm at the hands of fellow inmates resulting from the deliberate or callous indifference of prison officials to specific known risks of such harm”).
discussed
Cited "see"
Petra International Banking Corp. v. First American Bank
First, under Virginia law, "the proper law of a contract is the intent of the parties ... whether express or implied ... except under exceptional circumstances evincing a purpose in making the contract to commit a fraud on the law.” Tate v. Hain, 181 Va. 402 , 25 S.E.2d 321, 323-24 (1943); see Hooper v. Musolino, 234 Va. 558 , 364 S.E.2d 207, 211 , cert. denied, 488 U.S. 823 , 109 S.Ct. 70 , 102 L.Ed.2d 47 (1988) (enforcing contractual choice of law clause selecting North Carolina law because that state's law was "reasonably related to the purpose of the agreement”); C.I.T.
cited
Cited "see"
Ellen Torraco, Etc. v. Michael Maloney, Etc.
See Cortes-Quinones v. Jimenez-Nettleship, 842 F.2d 556, 558, 560 (1st Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 (1988).
cited
Cited "see"
Watlington v. University of Puerto Rico
See Cortes-Quiñones v. Jimenez Nettleship, 842 F.2d 556, 564 (1st Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 (1988).
discussed
Cited "see"
In Re Holywell Corporation, Debtor. (Two Cases) Fred Stanton Smith, as Trustee of the Miami Center Liquidating Trust v. United States of America, Holywell Corporation, Miami Center Limited Partnership, Miami Center Corporation, Chopin Associates, Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York, Fred Stanton Smith, as Trustee of the Miami Center Liquidating Trust v. United States of America, Holywell Corporation, Miami Center Limited Partnership, Miami Center Corporation, Chopin Associates, Theodore B. Gould, Shutts & Bowen, Intervenor, Bank of New York
See Miami Center Limited Partnership v. Bank of New York, 838 F.2d 1547 (11th Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 69 , 102 L.Ed.2d 46 (1988). 4 The Plan required consolidation of the debtors' estates, establishment of a liquidating trust, and appointment of a liquidating trustee. 2 The Plan was funded by all the debtors' assets, as defined in section 541(a) of the Bankruptcy Code, including proceeds from the pre-confirmation sale of certain of Holywell Corporation's properties (hereinafter the "Washington properties") and the anticipated post-confirmation sale of the Miami Center pro…
cited
Cited "see"
Smith v. United States (In re Holywell Corp.)
See Miami Center Limited Partnership v. Bank of New York, 838 F.2d 1547 (11th Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 69 , 102 L.Ed.2d 46 (1988).
discussed
Cited "see, e.g."
LOGAN v. WASHINGTON COUNTY JAIL MEDICAL DEPARTMENT
A plaintiff claiming an eighth amendment violation with respect to an inmate’s serious mental health or safety needs must allege “acts or omissions sufficiently harmful to evidence deliberate indifference.” Estelle, 429 U.S. at 106 ; see also Cortes-Quinone v. Jimenez-Nettleship, 842 F.2d 556, 558 (1st Cir.), cert. denied, 488 U.S. 823 (1988).
discussed
Cited "see, e.g."
MURPHY v. BOLDUC CORRECTIONAL FACILITY
A plaintiff claiming an eighth amendment violation with respect to an inmate’s serious mental health or safety needs must allege “acts or omissions sufficiently harmful to evidence deliberate indifference.” Estelle, 429 U.S. at 106 ; see also Cortes-Quinone v. Jimenez-Nettleship, 842 F.2d 556, 558 (1st Cir.), cert. denied, 488 U.S. 823 (1988).
discussed
Cited "see, e.g."
SOUCY v. SERGEANT THOMAS AVERILL
A plaintiff claiming an eighth amendment violation with respect to an inmate’s serious mental health or safety needs must allege “acts or omissions sufficiently harmful to evidence deliberate indifference.” Estelle, 429 U.S. at 106 ; see also Cortes-Quinone v. Jimenez-Nettleship, 842 F.2d 556, 558 (1st Cir.), cert. denied, 488 U.S. 823 (1988).
discussed
Cited "see, e.g."
Eduardo Burkhart v. Washington Metropolitan Area Transit Authority
(2×)
In concluding that the testimony was harmless, the court first noted that the "impermissible testimony was expressed within a larger body of otherwise unobjectionable testimony concerning police procedures ... from which the jury could easily have drawn the same conclusions that [the expert] did." Id. at 365 ; see also Faison v. Nationwide Mortgage Corp., 839 F.2d 680, 690 (D.C.Cir.1987) (finding expert testimony harmless in that it "merely augmented other pattern evidence"), cert. denied, 488 U.S. 823 , 109 S.Ct. 70 , 102 L.Ed.2d 46 (1988).
cited
Cited "see, e.g."
Culver-Union Township Ambulance Service v. Steindler
See also Cortes-Quinones v. Jimenez-Nettleship (1988) 1st Cir., 842 F.2d 556 , cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 .
cited
Cited "see, e.g."
CULVER-UNION TP. AMBULANCE SERV. v. Steindler
See also Cortes-Quinones v. Jimenez-Nettleship (1988) 1st Cir., 842 F.2d 556 , cert. denied, 488 U.S. 823 , 109 S.Ct. 68 , 102 L.Ed.2d 45 .
discussed
Cited "see, e.g."
In re United Merchants & Manufacturers, Inc.
In re Abbotts Dairies of Pennsylvania, Inc., 788 F.2d 143 , 150 n. 6 (3d Cir.1986); see also Miami Center Limited Partnership v. Bank of New York, 820 F.2d 376 , 379 (11th Cir.1987), cert. denied, 488 U.S. 823 , 109 S.Ct. 69 , 102 L.Ed.2d 46 (1988) (concluding that “an appeal is not moot if the court can still order some effective relief”).
discussed
Cited "see, e.g."
McCutchan Estates Corp. v. Evansville-Vanderburgh County Airport Authority District
Compare, Guinnane v. City and County of San Francisco (1987), 197 Cal.App.3d 862 , 241 Cal.Rptr. 787 , cert. denied 488 U.S. 823 , 109 S.Ct. 70 , 102 L.Ed.2d 47 (1988) (summary judgment was proper because delay of more than one-year in processing real estate developer's building permit application, to study the possible environmental impact of the development, was not so excessive or unreasonable as to constitute a temporary taking); Dufau v. United States (1990), 22 Cl.Ct. 156 , affirmed 940 F.2d 677 (1991) (entry of summary judgment was entirely appropriate because delay of almost 16 months …
discussed
Cited "see, e.g."
Pine Products Corporation, Timber Investors, Inc. And Joint Venture v. The United States
(2×)
Ribstein, Bromberg and Ribstein on Partnership, § 1.03(4) (1990) (partners are jointly and severally liable for third party obligations and debt chargeable to the partnership); see, e.g., Faison v. Nationwide Mortgage Corp., 839 F.2d 680 (D.C.Cir.1987), cert. denied sub nom., 488 U.S. 823 , 109 S.Ct. 70 , 102 L.Ed.2d 46 (1988) (parties to a joint venture would be liable jointly and severally as joint tortfeasors where tort allegedly committed by co-venturer); Tehran-Berkeley Civil and Envtl.
cited
Cited "see, e.g."
In Re McAfee
See also Miami Center Limited Partnership v. Bank of New York, 838 F.2d 1547 (11th Cir.), cert. denied, 488 U.S. 823 , 109 S.Ct. 69 , 102 L.Ed.2d 46 (1988).
Retrieving the full opinion text from the archive…
Moore
v.
Consolidated Rail Corporation
v.
Consolidated Rail Corporation
No. 87-1987.
Supreme Court of the United States.
Oct 3, 1988.
C. A. 3d Cir. Certiorari denied.