Lee v. Webb (1987)

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.

Id. at 1100-01.

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.

Id. at 1104.

Id. at 1100-01. 5 It is undisputed that Whitaker spent less than seventy-two hours in administrative segregation.

Id. at 1099. 6 On November 24, 1983, Young was placed in administrative segregation pending the investigation of charges that he assaulted another prisoner.

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 segreg…

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.

"Denial of contact visitation simply does not amount to the infliction of pain." Id. at 1113.

Id. at 1100.

But "idleness and the lack of programs are not eighth amendment violations." Id. at 1106.

Id. at 1091.

See Oreck Corp. v. U.S. Floor Sys., Inc., 803 F.2d 166, 171 (5th Cir. 1986), cert. denied, 481 U.S. 1069 (1987) (“[i]ncontestable status does not make a weak mark strong”); Mr. Water Heater, 648 F. Supp. 2d at 586 (“While Plaintiffs rely on the incontestable status of the [mark], it is a relatively weak mark when examined against the likelihood of confusion in the relevant market.”).

See Oreck Corp. v. U.S. Floor Sys., Inc., 803 F.2d 166, 171 (5th Cir. 1986), cert. denied, 481 U.S. 1069 (1987) (“[i]ncontestable status does not make a weak mark strong”); Mr. Water Heater, 648 F. Supp. 2d at 586 (“While Plaintiffs rely on the incontestable status of the [mark], it is a relatively weak mark when examined against the likelihood of confusion in the relevant market.”).

Paul & Pacific R.R., 791 F.2d 524 , 528 (7th Cir.1986), ce rt. denied, 481 U.S. 1068 , 107 S.Ct. 2460 , 95 L.Ed.2d 869 (1987) (“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”); Guerin v. Weil, Gotshal & Manges, 205 F.2d 302, 304 (2nd Cir.1953).

Paul & Pacific R.R., 791 F.2d 524 , 528 (7th Cir.1986), cert. denied, 481 U.S. 1068 , 107 S.Ct. 2460 , 95 L.Ed.2d 869 (1987) (“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”)); Guerin v. Weil, Gotshal & Manges, 205 F.2d 302, 304 (2nd Cir.1953). 4 The Court is persuaded that a transfer to a creditor for the b…

See Toussaint v. McCarthy, 801 F.2d 1080, 1109-10 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).

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).

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.

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).

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.

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.

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).

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).

See Toussaint v. McCarthy, 801 F.2d 1080, 1105 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).

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).

See Toussaint v. McCarthy, 801 F.2d 1080, 1094-95 (9th Cir. 1986), cert. denied, 481 U.S. 1069 (1987).

See Toussaint v. McCarthy, 801 F.2d 1080, 1094-1095 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).

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 …

See id. 13 Fifth, Holliday contends White failed properly to file and serve the detention documents required under the statute.

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.

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).

See id. at 1110.

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…

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.

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.

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).

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).

See Toussaint v. McCarthy, 801 F.2d 1080, 1094 (9th Cir.1986), cert. denied, 481 U.S. 1069 (1987).

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").

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).

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…

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).

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).

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…

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.

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).

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 ad…

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 disc…

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 p…