Holding that the "policies and practices to which all members of the class are subjected . . . are the 'glue' that holds together the putative class . . . either each of the policies and practices is unlawful as to every inmate or it is not"
Holding that qualified immunity protects those who make a reasonable error in determining whether there is a reasonable suspicion to conduct a Terry stop
Holding that fact issues precluded summary judgment in favor of dentist where, although some of her alleged conduct, "standing alone, could be regarded simply as negligence . . . a reasonable jury could look at this pattern and infer deliberate indifference, particularly because [the dentist] offered no medical justification for the long delays in treatment or her refusal to prescribe appropriate pain medication."
Finding no error in allowing a witness to testify that he thought a home owned by the defendant was being used as a gambling house based on facts "known equally or better" by the defendant himself
Holding Iraqi intelligence documents admissible under Rule 807 where witnesses positively identified the documents, as well as handwriting, symbols, codes, abbreviations, and signatures on them, and also testified that the officers had a duty to accurately record their activities and information received from other sources
Holding that an inmate's nearly identical statement about his pain level to a prison nurse was "for medical treatment to ‘meet an ongoing emergency’ " rather than "to gather evidence for trial or prison disciplinary proceedings"
Fed. R. Evid. 401 Cited 13,516 times 35 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Fed. R. Evid. 703 Cited 4,756 times 26 Legal Analyses
Explaining that facts or data of a type upon which experts in the field would reasonably rely in forming an opinion need not be admissible in order for the expert's opinion based on the facts and data to be admitted