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Article • December 15, 2004 • from PLN December, 2004
challenges a new law enacted by the Florida Legislature in its 2004 session. That Legislature amended § 944.516, Florida statutes, to add subpart (1)(h), effective July 1, 2004. The new law allows ...
. The state district court granted the motion and dismissed the case. The prisoners appealed. The appeals court held that the LaPLRA is substantive in nature, not procedural. Accordingly, under LSA-R.S. 1:2 ...
Article • August 15, 2005 • from PLN August, 2005
the prisoner's access to courts. This class action suit, filed by five Florida prisoners, alleged that their right to court access under § 21 was violated by FDOC's actions of: (1) removing reference books ...
, concluding that plaintiffs' exclusive remedy was a claim under Alabama's Workers' Compensation Act, §25-5-1 et.seg., Ala. Code 1975, (the Act). The sole issue on appeal was whether-the Act bar[red ...
Article • September 15, 2005 • from PLN September, 2005
upcoming parole review. Consequently, he told a social worker on July 19, 1997, that he would commit suicide if he was not approved. Ten days later his parole was denied. On August 1, 1997, Newborn overdosed ...
Article • January 15, 2006 • from PLN January, 2006
was at least 921 in 2002, 1,849 in 2003 and 2,480 in 2004, most of whom acquired their infections in jail. The well drafted suit cites violations of the Eighth Amendment and California Constitution Article 1 ...
Article • October 15, 1998 • from PLN October, 1998
Maryland Indigent Court Cost Suit Settled by On July 1, 1997, U.S. district court judge Marvin Garbis approved the settlement of a class action suit involving the collection of previously ...
Article • August 15, 1998 • from PLN August, 1998
. 18 U.S.C. § 3626(a)(1) of the PLRA states: "The court shall not grant or approve any prospective relief unless the court finds that such relief is narrowly drawn, extends no further than necessary ...
said, more than 2,000 were prisoners. And at wages that average $1 hour, the convict firefighters represent a considerable bargain for taxpayers in a year when federal firefighting expenditures ...
Article • January 15, 2001 • from PLN January, 2001
Filed under: Sentencing, Habeas Corpus
in which the outcome on state habeas corpus affects federal habeas corpus petitions: (1) state procedural defaults; and (2) tolling of the AEDPA statute of limitations during the time that a "properly ...
Article • January 15, 2002 • from PLN January, 2002
extended court jurisdiction until July 1, 1993, to ensure compliance. Although the prisoners complained of ongoing violations prior to July 1, 1993, and gained an evidentiary hearing, no court order ever ...
Article • January 15, 2003 • from PLN January, 2003
Filed under: Sentencing, Good Time
) regulations allow him only forty-seven." Under 18 U.S.C. Section 3624(b)(1) a federal prisoner may receive up to 54 days off his sentence at the end of each year of imprisonment if the BOP finds ...
Article • December 15, 2002 • from PLN December, 2002
to ensure that victims - not the perpetrators - should be the sole beneficiaries of profits derived from any sort of expressive materials devolving from the crime. Codified at CA Civil Code §2225(b)(1 ...
Article • November 15, 2003 • from PLN November, 2003
the Superior Court for a writ of habeas corpus, alleging that her restraint was unlawful because: (1) the district court's jurisdiction over the two convictions expired after two years; and (2) the district ...
Article • August 15, 2004 • from PLN August, 2004
regulations, he could earn restoration of one-half of those credits by remaining disciplinary-free for six months. However, effective January 1, 1996, California Penal Code § 2933(c) (enabling those ...
: (1) Latent TB is where one has been exposed to and contracted TB but suffers no adverse effects; (2) Active TB is where one becomes ill throughout the body; and. (3)Active Contagious TB is where ...
Article • August 15, 1996 • from PLN August, 1996
Filed under: Resources, Court Access
: (1) the use of technology; (2) partial filing fees; (3) legal assistance programs; (4) early-case-evaluation hearings and other efficient case management processes and screening mechanisms for pro se ...
Article • May 15, 1998 • from PLN May, 1998
and remanded. The court notes that there is no right to counsel in civil cases. Under 28 U.S.C. § 1915(e)(1) courts may request that counsel represent indigents. The court discusses the standard each circuit ...
Article • July 15, 1997 • from PLN July, 1997
and Offenders," in 1994 there were 99,300 sex offenders incarcerated in jails or prisons and another 134,300 on probation or parole. Sex offenders comprise 1 percent of federal prisoners, 9.7 percent of state ...
rates and exclusive phone contracts violated the Sherman Anti Trust Act, 15 U.S.C. § 1 and the equal protection clause. In this ruling the county jail and phone company defendants sought dismissal ...
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