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not adequately represent the public's interest in creating a record of prison abuse, the Court must ensure that this interest is not seriously undermined. If defendants are allowed to use the threat of appeal ...
Article • October 10, 2017 • from PLN October, 2017
to the defendants’ motion for dismissal or summary judgment.” He moved for an extension of time, asserting that he only had a few hours in the law library each week. The district court did not rule on his ...
Article • April 23, 2018
the defendant’s motion for summary judgment in a timely fashion could not be considered excusable neglect. Patrick Skrabec was arrested in December 2012 for threatening to commit a crime and disturbing ...
not abuse its discretion by finding prison officials had waived their qualified immunity defense in a prisoner’s civil rights action. The lawsuit was filed by John Henricks, incarcerated at Ohio’s ...
Article • March 15, 2013
Institution at Smithfield (SCI) in a civil rights action claiming they engaged in a pattern or practice of opening a prisoner’s legal mail outside his presence. It also held the district court abused its ...
Article • June 3, 2016 • from PLN June, 2016
Filed under: Judicial Misconduct
Williams had used “rude, abusive, and insulting language” in some of her drug court statements. Her harsh treatment of drug court defendants was profiled in a March 2011 episode of the popular ...
Article • April 15, 2013
Filed under: Police, Police Chases
and live testimony of an incarcerated witness and grant Defendants judgment as a matter of law. On August 12, 2005, Pawtucket Police Department (PPD) officers Christopher Lombardi and Richard LaForest ...
Article • August 7, 2019 • from PLN August, 2019
to circumvent that vicious circle. For example, courts in Massachusetts, Oregon and Washington have been given the ability to sentence defendants to community-based alternative punishments other than ...
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, HIV/AIDS
for the Second Circuit ruled in favor of the prisoner, vacated the trial court's grant of summary judgment for defendants, and remanded. Dana D'Villa, who had undergone sex change operations in the 1970s, filed ...
Article • April 15, 2009
Filed under: Civil Procedure, Service
to serve the defendant within 120 days of filing his complaint. The appellate court found the record was unclear as to whether the district court properly provided the requisite Rule 4(m) notice. On June ...
Case • 2003
.3d 574, 2003 [4] February 13, 2003 [5] CLOVIS C. GREEN, JR., PLAINTIFF-APPELLANT, v. PAUL NADEAU, TIM CHASE, AND ROBERT FURLONG, DEFENDANTS-APPELLEES. [6] Logan County District Court ...
and all visits can be denied if they receive two infractions involving substance abuse. A group of women prisoners filed suit claiming the rules, scheduled to go into effect on October 2, 1995, violated ...
and $500.00 in punitive damages. Based on the jury's first verdict prison officials appealed, claiming that they were entitled to judgment. They also claimed that the magistrate had abused his discretion ...
Article • October 15, 1990 • from PLN October, 1990
v. Weaver, 46 Wn.App 35 (1988), in which that same court held that a defendant's long history of alcohol abuse was an aggravating factor justifying a sentence in excess of the standard range. So ...
Article • February 15, 1992 • from PLN February, 1992
and an opportunity to call his lawyer and that this violated his right of access to the courts. The district court dismissed the complaint for failure to state a claim because he failed to respond to the defendants ...
infraction violated his right to due process. He also alleged numerous due process violations arising from the disciplinary hearing itself.  The district court dismissed, on the defendants motion for summary ...
Article • December 15, 2007
and individual officers for constitutional violations. The defendants' summary judgment motions were granted and the Eighth Amendment claims for excessive bail were dismissed as frivolous. The court awarded ...
Article • May 15, 2008
if over-the-counter medications would control the pain, since many jail inmates including the plaintiff have substance abuse histories. The defendants argued that the plaintiff's desire for Darvocet ...
for $11000, leaving the state defendants in the case. The district court did not abuse its discretion in refusing to permit the plaintiffs to file a tenth amended complaint; in effect, they admitted repeated ...
use of the report during an administrative termination hearing. Two years later the district court entered summary judgment for the defendants on all issues except those relating to the injunction ...
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