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· 3/10/2006

Bussey v. Phillips

Citations

  • 419 F. Supp. 2d 569
  • 2006 U.S. Dist. LEXIS 9671
  • 2006 WL 585602

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that permanent removal from a job assignment did not arise to the type of conduct implicating the Eighth Amendment
  • removal from prison job “well within the terms of confinement ordinarily contemplated by [a] prison sentence”
  • “[Plaintiff’s] due process claims are against state, not federal, actors, and thus the Fourteenth Amendment, rather than the Fifth Amendment, applies to these claims.”
  • allegations that are “enough to survive a motion to dismiss” “must be supported by specific facts raising a genuine issue for trial” at the summary judgment stage
  • “To the extent that [plaintiff] is arguing that additional discovery would allow him to amend his complaint to state a viable claim, the Court is similarly unpersuaded . . . [d]iscovery is not intended to be a fishing expedition.”
  • “To the extent that [plaintiff] is arguing that additional discovery would allow him to amend his complaint to state a viable claim, the Court is similarly unpersuaded . . . [d]iscovery is not intended to be a fishing expedition.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Marrero

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.