alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
JOSHUA DIM M IG, a

single m an, Plaintiff - Appe lla nt,
v. C OUNTY OF PIM A , a politic a l subdivision of the

State of Ariz ona ; C LARENC E DUPNIK, Pim a C ounty She riff; LAUR

A YB ARR

A, Pim a C ounty She riff; SC OTT M C LEOD, Pim a C ounty She riff De puty ; STEVEN LOVE, Pim a C ounty She riff De puty , De fe nda

nts - Appe lle e s. No. 12-15953 D.C . No. 4:09-c v-00189-C KJ
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Distric t of Ariz o na C indy K. Jorge nson, Distric t Judge , Pre s iding Argue d a nd Subm itte d April 10, 2014 San Fran c isc o , C a lifornia B e fore : SILVER

M AN, W . FLETC HER , a nd B YB EE, C irc uit Judge s. Pla intiff Joshua

Dim m ig a ppe a ls the distric t c ourt’ s gra nt of sum m ary judgm e nt to de fe nda

nts on his 42 U.S.C . § 1983 c la i m for a viola tion of his Fourth Am e ndm e nt right to be

fre e from e x c e ssive forc e during a se iz ure . W e a ffirm
.



# FIL E D
APR 16 2014 M OLLY C. DW Y ER, CLERK U. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3.Plantiff doe s not a rgue tha t the polic e c ar’ s rolling over him wa s a nything but a n a c c ide nt. Polic e offic e rs’ c onduc t only im plic ate s the Fourth Am e ndm e nt whe n it involve s “ me ans inte ntionally applie d
. ” Brow e r v . C

nty . of Iny o , 489 U.S. 593, 597 (1989). “ [T] he Fourth Am e ndm e nt a ddre sse s ‘ m i suse of powe r,’ By ars v . Unite d State s , 273 U.S. 28, 33 (1927), not the a c c ide nta l e ffe c ts of othe rwise la wful gove rnm e nt c o n duc t .” Id. at 596. He re , be c a use the c ar wa s not a

“ m e ans inte ntiona lly

a pplie d , ” the Fourth Am e ndm e nt wa s not im plic ate d. Nor doe s this c ourt’ s “ ‘ c ontinuing se iz ure ’ rule , whic h provide s tha t ‘ onc e a
se iz ure ha s oc c urre d, it c ontinue s throughout the tim e the arre ste e is in thec ustody of the arre sting offic e rs,” Torre s v . C ity of Made ra , 524 F.3d 1053, 1056 (9th C ir. 2008) (quoting Robins v . Harum , 773 F.2d 1004, 1010 (9th C i r. 1985)), he lp pla i ntiff. Eve n

unde r the c ontinuing se iz ure rule , the offic e rs m ust a pply a use of forc e
— in othe r words, a m e an s inte ntiona lly a pplie d, Brow e r , 489 U.S. a t 597— to im plic at e the Fourth Am e ndm e nt. B e c a use the offic e rs’ ne glige nt c onduc t c a using thea c c ide nt did not im plic at e the Fourth Am e ndm e nt, we a ffirm the grant of sum

m ary judgm e n t. AFFIRM E D.

-2-
#### § 179.400-14 Cleaning of inner tank.

The interior of the inner tank and all connecting lines must be thoroughly cleaned and dried prior to use. Proper precautions must be taken to avoid contamination of the system after cleaning.
§ 178.965 Drop test. ( a ) *General.* The drop test must be conducted for the qualification of all Large Packaging design types and performed periodically as specified in § 178.955(e) of this subpart.
( b ) *Special preparation for the drop test.* Large Packagings must be filled in accordance with § 178.960.
( c ) *Conditioning.* Rigid plastic Large Packagings and Large Packagings with plastic inner receptacles must be conditioned for testing by reducing the temperature of the packaging and its contents to −18 °C (0 °F) or lower. Test liquids must be kept in the liquid state, if necessary, by the addition of anti-freeze. Water/anti-freeze solutions with a minimum specific gravity of 0.95 for testing at −18 °C (0 °F) or lower are considered acceptable test liquids, and may be considered equivalent to water for test purposes. Large Packagings conditioned in this way are not required to be conditioned in accordance with § 178.960(d).
( d ) *Test method.* ( 1 ) Samples of all Large Packaging design types must be dropped onto a rigid, non-resilient, smooth, flat and horizontal surface. The point of impact must be the most vulnerable part of the base of the Large Packaging being tested. Following the drop, the Large Packaging must be restored to the upright position for observation.
( 2 ) Large Packaging design types with a capacity of 0.45 cubic meters (15.9 cubic feet) or less must be subject to an additional drop test.
( e ) *Drop height.* ( 1 ) For all Large Packagings, drop heights are specified as follows: ( i ) Packing group I: 1.8 m (5.9 feet)
( ii ) Packing group II: 1.2 m (3.9 feet)
( iii ) Packing group III: 0.8 m (2.6 feet)
( 2 ) Drop tests are to be performed with the solid or liquid to be transported or with a non-hazardous material having essentially the same physical characteristics.
( 3 ) The specific gravity and viscosity of a substituted non-hazardous material used in the drop test for liquids must be similar to the hazardous material intended for transportation. Water also may be used for the liquid drop test under the following conditions: ( i ) Where the substances to be carried have a specific gravity not exceeding 1.2, the drop heights must be those specified in paragraph (e)(1) of this section for each Large Packaging design type; and
( ii ) Where the substances to be carried have a specific gravity exceeding 1.2, the drop heights must be as follows: ( A ) Packing Group I: SG × 1.5 m (4.9 feet).
( B ) Packing Group II: SG × 1.0 m (3.3 feet).
( C ) Packing Group III: SG × 0.67 m (2.2 feet).
( f ) *Criteria for passing the test.* For all Large Packaging design types there may be no loss of the filling substance from inner packaging(s) or article(s). Ruptures are not permitted in Large Packaging for articles of Class 1 which permit the spillage of loose explosive substances or articles from the Large Packaging. Where a Large Packaging undergoes a drop test, the sample passes the test if the entire contents are retained even if the closure is no longer sift-proof.
[75 FR 5400, Feb. 2, 2010, as amended at 75 FR 60339, Sept. 30, 2010]
§ 71.30-10 Inspector not limited. ( a ) Nothing in this subpart shall be construed as limiting the inspector from making such tests or inspections as he or she deems necessary to be assured of the safety and seaworthiness of the vessel.
( b ) [Reserved]
[CGFR 65-50, 30 FR 16895, Dec. 30, 1965, as amended by, USCG-2021-0348, 87 FR 3224, Jan. 21, 2022]
-----Original Message----- 

From: mvest@bitstream.net [mailto:mvest@bitstream.net] 

Sent: Saturday, April 24, 2010 10:07 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 24, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Martha Vest 

63 Fairview Avenue S. 

St. Paul, MN 55105
Exhibit 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Repro-Med Systems, Inc., on Form
10-QSB for the period ending August 31,2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Andrew Sealfon, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act of 2002, that:


The Report fully complies with the requirements of section 13 (a) or 15 (d) of
the Securities Exchange Act of 1934; and The information contained in the Report
fairly presents, in all material respects, the financial condition and result of
operations of the Company.


/s/Andrew I. Sealfon
Andrew I. Sealfon, President, Treasurer,
Chairman of the Board, Director, and Chief Executive Officer
-----Original Message----- 

From: peggynjim@earthlink.net [mailto:peggynjim@earthlink.net] 

Sent: Sunday, April 25, 2010 3:47 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Erma P. Garner 

376 Atlantic Avenue 

Waco, GA 30182
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1718 Referred in Senate (RFS)]

  1st Session
                                H. R. 1718

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 18, 1995

 Received; read twice and referred to the Committee on Environment and 
                              Public works

_______________________________________________________________________

                                 AN ACT

 
  To designate the United States courthouse located at 197 South Main 
Street in Wilkes-Barre, Pennsylvania, as the ``Max Rosenn United States 
                             Courthouse''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DESIGNATION.

    The United States courthouse located at 197 South Main Street in 
Wilkes-Barre, Pennsylvania, shall be known and designated as the ``Max 
Rosenn United States Courthouse''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the courthouse referred to in section 1 
shall be deemed to be a reference to the ``Max Rosenn United States 
Courthouse''.

            Passed the House of Representatives December 18 
      (legislative day, December 15), 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```
#### Oscar JENKINS, Mary Jenkins, Laura B. Jones, Esther Mae Sessomes, and Willie Mae Jenkins, Plaintiffs-Appellants, v. ESSO STANDARD OIL CO., Defendant-Appellee.

No. 21, Docket 25028.

United States Court of Appeals Second Circuit.

Argued Oct. 7, 1958.

Decided Oct. 7, 1958.

Bernard Meyerson, Brooklyn, N. Y. (Morris A. Weiss, Brooklyn, N. Y., on-the brief), for plaintiffs-appellants.

George S. Pickwick, New York City (Garvey & Conway, New York City, on: the brief), for defendant-appellee.

Before CLARK, Chief Judge, MEDINA and LUMBARD, Circuit Judges.

PER CURIAM.

Judgment affirmed in open court.
#### § 1.42 Office of Small and Disadvantaged Business Utilization.

The Director of the Office of Small and Disadvantaged Business Utilization ensures that the Department's small and disadvantaged business policies and programs are developed in a fair, efficient, and effective manner. The Office is responsible for the Department's implementation and execution of the functions and duties under the Small Business Act, and providing opportunities, technical assistance, and financial services to the small and disadvantaged business community.
[Hillsborough,

December, 1881.]

#### Allen & *a. v.*Pickett *& Tr.*Colburn *v.*Crooker *& Trs.*

Foreign Attachment. Issue between the plaintiff and claimant. The facts are substantially the same in both cases. The defendant, for a valuable consideration, gave to the claimant an order for his future wages, which was accepted by the trustee and recorded. After receiving the order, the claimant supplied the defendant with groceries and other necessaries, and also, upon several occasions, gave to him or to his wife small sums of money, for the purpose of buying necessaries elsewhere, and for purposes which did not appear. All the transactions were had in good faith, and with no intent to defraud or hinder the defendant’s creditors.

*J. H. Andrews*and *Gr. B.*French, for the plaintiffs.

*W. W. Bailey*and *Barnes Twiss,*for the claimants.

Carpenter, J.

The trustees must be discharged. G. L., *c.*249, *s.*48 ; *Runnells*v. Bosquet, 60 N. H. 38.

*Trustees discharged.*

Clark, J., did not sit: the others concurred.
§ 97.12-1 Definition of a bulk solid cargo. ( a ) A bulk solid cargo— ( 1 ) Consists of particles, granules, or larger pieces of material generally uniform in composition;
( 2 ) Is not grain; and
( 3 ) Is loaded directly into a vessel's cargo space with no intermediate form of containment.
( b ) Additional requirements for bulk solid materials needing special handling are contained in Part 148 of this chapter.
CERTIFICATION


     Pursuant to 18 U.S.C. Section 1350, I, William J. Eckert, IV, Chief
Accounting Officer of PRUCO Life Insurance Company of New Jersey, hereby certify
that the accompanying Annual Report on Form 10-K for the year ended December 31,
2002, containing the financial statements of PRUCO Life of New Jersey Variable
Contract Real Property Account (a separate account of PRUCO Life Insurance
Company of New Jersey) and The Prudential Variable Contract Real Property
Partnership (the "Report"), fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Report fairly presents, in all material respects, the financial
condition and results of operations of PRUCO Life of New Jersey Variable
Contract Real Property Account and The Prudential Variable Contract Real
Property Partnership.

Date: March 27, 2003


                                        /s/ William J. Eckert, IV
                                        -------------------------------
                                        Name:  William J. Eckert, IV
                                        Title: Chief Accounting Officer



     The foregoing certification is being furnished solely pursuant to 18 U.S.C.
Section 1350 and is not being filed as part of the Report or as a separate
disclosure document.
-----Original Message----- 

From: pamjoyjohntodd@frontier.net [mailto:pamjoyjohntodd@frontier.net] 

Sent: Sunday, April 25, 2010 9:36 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Pamela Marshall 

5008 CR 134 

Hesperus, CO 81326
From: bg7009@hcsmail.com [mailto:bg7009@hcsmail.com] 

Sent: Sunday, April 25, 2010 3:23 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

William Giles 

7009 Hanging Vine Way 

Tallahassee, FL 32317
From: gmatson@surewest.net [mailto:gmatson@surewest.net] 

Sent: Sunday, April 25, 2010 1:13 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Gregg Matson 

8943 Park Trail Drive 

Elk Grove, CA 95624
-----Original Message----- 

From: lhobbs2@tampabay.rr.com [mailto:lhobbs2@tampabay.rr.com] 

Sent: Sunday, April 25, 2010 7:41 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Lisa Hobbs 

2517 67th Ter N 

Saint Petersburg, FL 33702
-----Original Message----- 

From: denjay@hotmail.com [mailto:denjay@hotmail.com] 

Sent: Sunday, April 25, 2010 9:15 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

Jennifer Johnson 

612 2nd st. SE 

Wadena, MN 56482
#### Hubbard W. Putney, *Appellant,*v. Noah W. Simons, *Respon*dent.

Judgment of County Court and of justice reversed, with costs. Opinion by

Learned, P. J.
-----Original Message----- 

From: K.midgette@gmail.com [mailto:K.midgette@gmail.com] 

Sent: Sunday, April 25, 2010 10:53 AM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

kathleen Midgette 

113 Brayview Drive 

Moyock, NC 27958
-----Original Message----- 

From: kokyjo23@sbcglobal.net [mailto:kokyjo23@sbcglobal.net] 

Sent: Sunday, April 25, 2010 10:39 PM 

To: EBSA, E-OHPSCA - EBSA 

Subject: Comment in support of RIN 1210-AB30 

April 25, 2010 

I am writing to support the interim final rule under the Paul Wellstone 

and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 

(RIN 1210-AB30). 

I support the strong rule that would forbid insurance companies from 

charging higher copayments, deductibles, and other out-of-pocket 

expenses for mental health treatment than they would for other physical 

health care. Thank you for ensuring that mental health care and 

physical health care coverage are included in a single deductible. 

Sincerely, 

mark koch 

4 garfield 

springfield, VT 05156
The United States Environmental Protection Agency (EPA) issues this permit pursuant to 

section 328 of the CAA, 42 U.S.C. § 7627, and the implementing OCS Air Regulations at 40 

CFR part 55, which incorporate by reference the PSD Regulations at 40 CFR § 52.21 and 

the Title V Operating Permit Program at 40 CFR part 71. This permit is based upon 

application materials submitted to EPA by Statoil Gulf Services, LLC (Statoil) dated 

September 5, 2012, December 7, 2012, January 28, 2013, and June 27, 2013, supplemental 

submittals and information included in the administrative record for this permit action, 

and upon the technical analysis performed by the EPA.
Exhibit 32.1





Certification of CEO and CFO

Pursuant to 18 U.S.C. Section 1350,

As Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002







In connection with the Quarterly Report on Form 10-Q of Real Estate Associates Limited V (the "Partnership"), for the quarterly period ended June 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Martha L. Long, as the equivalent of the Chief Executive Officer of the Partnership, and Stephen B. Waters, as the equivalent of the Chief Financial Officer of the Partnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:



(1)

The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and



(2)

The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Partnership.



| |                        
| | -----------------------
| | /s/Martha L. Long      
| | Name: Martha L. Long   
| | Date: August 7, 2008   
| |                        
| | /s/Stephen B. Waters   
| | Name: Stephen B. Waters
| | Date: August 7, 2008   



This certification is furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.