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Daily Case Update Archive
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March
31, 2005
Today's topics: 8th Amendment: deliberate indifference, immigration:
adverse credibility finding
Ohio Supreme Court
| Ohio First District |
U.S. 6th Circuit - Ohio |
U.S. 6th Circuit - Other States
- Ohio Supreme Court
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- First District Court of Appeals
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[Search Other Ohio Districts]
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- U.S. Sixth Circuit Court of Appeals: Ohio Cases
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- U.S. Sixth Circuit Court of Appeals: Other States Cases
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Hassan v. Gonzales (March 31, 2005)(Appeal from Board of Immigration
Appeals (MI))
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0153p-06.pdf
Hassan was denied asylum and withholding of removal by an immigration judge,
who was affirmed by the Board of Immigration Appeals. Hassan sought a petition
for review. Denied, finding that BIA streamlining "affirmance without opinion"
was appropriate and the evidence supports an adverse credibility finding.
Talal v. White (March 31, 2005) (Appeal from M.D. Tenn.)
http://pacer.ca6.uscourts.gov/opinions.pdf/05a0154p-06.pdf
Talal was imprisoned in a state prison, where he was housed in a non-smoking
unit because of an allergy to tobacco smoke. He sued the Tennessee Department
of Corrections, alleging that guards provided tobacco and allowed smoking in
the non-smoking areas, in violation of the 8th Amendment, as well as
retaliating in violation of the 1st and 14th amendments. The district court
dismissed the case for failure to state a claim. Affirmed in part, but
reversed on the 8th Amendment claim because Talal met both objective and
subjective prongs of deliberate indifference, and remanded.
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