RUIZ ET AL.
v.
ESTELLE ET AL.

U.S. | 1983-03-21
No. 82-5921
460 U.S. 1042 Supreme Court of the United States (1983) Positive Treatment
Cited by 6 cases

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  • Toussaint v. McCARTHY, 801 F.2d 1080 (9th Cir. 1986)
    …ed above offer additional discussion of the facts. We will discuss specific facts and arguments in turn. II SCOPE OF FEDERAL INJUNCTIVE RELIEF In Ruiz v. Estelle, 679 F. 2d 1115 (5th Cir.1982), amended, 688 F. 2d 266 (5th Cir.1982), cert. denied, 460 U.S. 1042, 103 S.Ct. 1438, 75 L.Ed.2d 795 (1983), the Fifth Circuit reviewed a district court’s order of injunctive relief against state prison officials. The Fifth Circuit described the role of the federal courts as follows: There is no iron curtain drawn b…
  • Eash v. Riggins Trucking Inc., 757 F.2d 557 (3d Cir. 1985)
    …uments required for the performance of their duties,” and to appoint “persons unconnected with the court to aid judges in the performance of specific judicial duties.” Id., see also Ruiz v. Estelle, 679 F. 2d 1115, 1161 (5th Cir.1982), cert. denied, 460 U.S. 1042, 103 S.Ct. 1438, 75 L.Ed.2d 795 (1983); Schwimmer v. United States, 232 F. 2d 855, 865 (8th Cir.), cert. denied, 352 U.S. 833, 77 S.Ct. 48, 1 L.Ed.2d 52 (1956).9 This third category of inherent power has sometimes been said to be “rooted in the not…
  • Cook v. Foltz, 814 F.2d 1109 (6th Cir. 1987)
    …absent a showing of cause for the failure to object and actual prejudice flowing from the asserted error. See Wainwright v. Sykes, 433 U.S. 72, 97 S.Ct. 2497 [53 L.Ed.2d 594] (1977); Fornash v. Marshall, 686 F. 2d 1179 (6th Cir.1982), cert. denied, 460 U.S. 1042, 103 S.Ct. 1439, 75 L.Ed.2d 796 (1983) ... The cause and prejudice standard is not applied, however, when the state court overlooks the procedural default and in [*1112] stead disposes of the issue on the merits McBee, 763 F. 2d at 813 (citations o…

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