§Why CasetextPricing

In the Matter of Jevon Henry, Appellant,v.Brian Fischer,, Respondent.

Brief

32 Cited authorities

  1. Wolff v. McDonnell

    418 U.S. 539 (1974)   Cited 19,245 times   5 Legal Analyses
    Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser

  2. Triestman v. Federal Bureau of Prisons

    470 F.3d 471 (2d Cir. 2006)   Cited 7,609 times
    Holding that the discretionary function doctrine does not shield a "BOP employee's failure to perform a diligent inspection out of laziness, hastiness, or inattentiveness"

  3. Johnson v. Zerbst

    304 U.S. 458 (1938)   Cited 8,801 times   19 Legal Analyses
    Holding that a waiver of constitutional rights must be knowing and intelligent

  4. Hallstrom v. Tillamook County

    493 U.S. 20 (1989)   Cited 555 times   2 Legal Analyses
    Holding notice and 60-day delay requirements mandatory conditions precedent to commencing suit under 42 U.S.C. § 6972

  5. Pabon v. Wright

    459 F.3d 241 (2d Cir. 2006)   Cited 994 times
    Holding that a prisoner's liberty interest in refusing medical treatment includes "a concomitant right to such information as a reasonable patient would deem necessary to make an informed decision regarding medical treatment"

  6. Brookhart v. Janis

    384 U.S. 1 (1966)   Cited 920 times   3 Legal Analyses
    Holding that counsel could not surrender his client's right to plead not guilty and to confront witnesses against him where his client had expressed the desire to plead not guilty in open court

  7. Love v. Pullman Co.

    404 U.S. 522 (1972)   Cited 745 times
    Holding that a Title VII claimant need not re-file a charge after termination of state proceedings

  8. Oscar Mayer Co. v. Evans

    441 U.S. 750 (1979)   Cited 584 times
    Holding that "even if a state were to make timeliness a precondition for commencement, rather than follow the more typical pattern of making untimeliness an affirmative defense, a state proceeding will be deemed commenced" for purposes of Title VII

  9. Legal Aid Society v. City of New York

    114 F. Supp. 2d 204 (S.D.N.Y. 2000)   Cited 81 times
    Holding that the Legal Aid Society's contractual waiver of its right to challenge the City's action, a right provided for by the National Labor Relations Act, was valid

  10. Matter of Barnes v. LeFevre

    69 N.Y.2d 649 (N.Y. 1986)   Cited 75 times
    In Matter of Barnes v LeFevre (69 NY2d 649 [1986]), interpreting 7 NYCRR 254.5, we held that when a requested witness refuses to testify and "the record does not reflect any reason for the... refusal to testify, or that any inquiry was made of him [or her] as to why he [or she] refused or that the hearing officer communicated with the witness to verify his [or her] refusal to testify, there has been a denial of the inmate's right to call witnesses as provided in the regulations" (Barnes, 69 NY2d at 650).