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Article • July 15, 2011
California Parole Procedures Upheld by By Brandon Sample The California Court of Appeals for the Sixth District has rejected a constitutional challenge to the Board of Parole Hearings' (Board) procedures and regulations. The controversy over the Board's parole procedures arose after Donald Lewis, Morriss Bragg, Viet Ngo, Donnell Jameison, and …
California Recognizes “Special Relationship” Between Jailer and Prisoner by Michael Brodheim By Michael Brodheim A California Court of Appeal has held that there is a "special relationship" between jailer and prisoner, which gives rise to a duty of care to protect the prisoner from foreseeable harm and thus can support …
Fifth Circuit: No First Amendment Right to Use Vulgarity in Legal Mail by Matthew Clarke By Matt Clarke On June 8, 2009, the Fifth Circuit court of appeals held that a Texas prisoner has no First Amendment right to use profanity in legal mail directed at opposing counsel and the …
Article • July 15, 2011
Life Sentence for Failure to Comply with Registration Requirement May Violate Eighth Amendment by Michael Brodheim By Michael Brodheim Finding that a "Three strikes" sentence of 28 years to life imprisonment was so grossly disproportionate to an "entirely passive, harmless, and technical violation of the registration law" that it violates …
Article • July 15, 2011
Ninth Circuit Reverses Untimely California Exhaustion Dismissal in Failure to Protect Suit by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a California prisoner’s §1983 action for failure to exhaust administrative remedies. California prisoner Leonard Marella was stabbed by fellow prisoners. …
Article • July 15, 2011
No Refund or Waiver of Appellate Filing Fee by Mark Wilson By Mark Wilson In three consolidated cases, the Third Circuit Court of Appeals held that voluntary dismissal of appeals does not result in refunds of the Appellants’ $455 filing fees. The court also held that it has no authority …
Article • July 15, 2011
Seventh Circuit: No Right to Jury Trial in Exhaustion Dispute by Mark Wilson By Mark Wilson The Seventh Circuit Court of Appeals held that a prisoner is not entitled to a jury trial to resolve factual disputes about his exhaustion of administrative remedies. Indiana prisoner Christopher Pavey sued several guards …
Article • July 15, 2011
Utah Prison Van Accident States “Unnecessary Rigor” Claim by Mark Wilson By Mark Wilson The Utah Supreme Court found that a prisoner sufficiently alleged an “unnecessary rigor” claim under the State Constitution for injuries sustained in a transport van accident. Yet, the Court suggested that dismissal may be proper for …
Tenny v. Ghosh, IL, Complaint, Medical Neglect, 2011 Case: 1:11-cv-01548 Document #: 15 Filed: 07/15/11 Page 1 of 43 PageID #:52 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION ROBERT TENNEY (N10482), Plaintiff, vs. DR. PARTHA GHOSH, DR. CATALINO BARTISTA, S.A. GODINEZ, MARCUS HARDY, DAVID MANSFIELD, MARGARET THOMPSON, …
Orr v. Wexford, IL, Complaint, Wrongful Death, 2011 Case 3:11-cv-00608-JPG-SCW Document 2 Filed 07/14/11 Page 1 of 17 Page ID #3 KJG: car UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS SHAUNDRA ORR, Independent Administrator Of The Estate of JACE RAPP, deceased, Plaintiff, v. WEXFORD HEALTH SOURCES, INC., …
Brief • July 14, 2011
Prison Legal News v EOUSA, US, Reply Brief - newspapers, FOIA public records, 2011 No. 10-1510 IN THE Supreme Court of the United States ———— PRISON LEGAL NEWS, Petitioner, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court …
Bossett v. County of Contra Costa, CA, Complaint, Failure to Protect, 2011 r ~ I r;:-.J r r l ,c. !! :; 1 1 2 3 4 Ir WILLIAM A. WELCH, SBN 188391 270 Divisadero Street, #16 San Francisco, California 9411 7 415/609-5591 415/255-9732 FAX Attorney for Plaintiff JOSEPH WILLIS …
Brief • July 11, 2011
Filed under: Wrongful Death
Lester v. State of AZ, AZ, Complaint, Wrongful Death - Suicide, 2011 - HICHAEL K. JEA1£S Clerk of the SUPerior court .. i ti Jess.ica Folts, DePutf Date O'l/11/2011 Tile 15:39:42 ROWLEY CHAPMAN BARNEY & BUNTROCK. LTD. 63 East Main Street, Suite 501 Mesa, Arizona 85201-7436 (480) 833-1113 3 Fax …
Brewer v. Spokane County, WA, Complaint, Unlawful Arrest, 2011 Case 2: 11-cv-00259-JLQ ')_ .) ,. (j 7 0 () Document 1 Filed 07/07/11 RECEIVED JUL 1 2011 ~ \ ~ WILLIAM C. MAXEY, WSBA#6232 MARKJ. HARRIS, WSBA#31720 MAXEY LAW OFFICES, P.S. 1835 West Broadway Spokane, WA 9920 I 509.326.0338 SPOKANE …
Adams v. CCA, CO, Plf Mot Proposed Order, public records indigents right to review depositions, 2011 DISTRICT COURT, COUNTY OF CROWLEY, STATE OF COLORADO Court Address: Sixteenth Judicial District Court Crowley County Courthouse 110 E. 6th Street, Room 303 Ordway, Colorado 81063 Telephone 719-267-4468 ▲COURT USE ONLY ▲ Plaintiffs: VANCE …
Publication • July 1, 2011
Filed under: Statistics/Trends, Police
Census of State and Local Law Enforcement Agencies, 2008, BJS, 2011 U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics July 2011, NCJ 233982 Brian A. Reaves, Ph.D., BJS Statistician I n September 2008, state and local law enforcement agencies employed more than 1.1 million persons on …
Brief • July 1, 2011
Hunter v. State of AZ, AZ, Complaint, Failure to Protect, 2011 1 2 3 4 5 Marc J. Victor, P.C. 3920 S. Alma School Road, Suite 5 Chandler, AZ 85248 Telephone: (480) 455-5233 Fax: (480) 755-8286 Vicki A.R. Lopez - SBN 0 10426 vicki@attomeyforfreedom.com Attorneys for Plaintiff 6 IN THE …
Publication • June 30, 2011
Making Your Life Your Own: How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses, Bazelon Center for Mental Health Law, 2011 Making Your Life Your Own How Olmstead Expands Rights and Opportunities for People with Serious Mental Illnesses Updated June 30, 2011 On June 22, 1999, the …
Brief • June 28, 2011
JFK v. Troup County, GA, Civil Action, Objection to Bill of Costs, 2011 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA NEWNAN DIVISION J.F.K. and M.C.K., as Next Friends, Parents and Natural Guardians of O.K.K., a Minor, Plaintiffs, v. THE TROUP COUNTY SCHOOL DISTRICT and ELIZABETH M. GADDY, …
Brief • June 27, 2011
Boyd v. City of Houston, TX, Discovery Motion, Night Club Raid & Wrongful Arrest, 2011 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION DONALD EUGENE BOYD and CHARLES PRIBILSKI aka JIMMY OLSON, )( Plaintiffs, )( V. )( THE CITY OF HOUSTON, TEXAS, )( Defendant. …
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