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Article • May 15, 2007
and compensatory damages. A U.S. district court dismissed the action. The Ninth Circuit reversed and remanded, holding: 1) A protected liberty interest was created by the statute's mandatory language. 2 ...
Article • May 15, 2007
. State of Washington, Thurston County Superior Court, Case no. 99-2-00555-1, unpublished. ...
, the Court held that the defendants bear the costs incident to the deposition. The Court further held that attorney-client privilege may be waived where: (1) party-client chooses to disclose part ...
Article • May 15, 2007
Filed under: Civil Procedure, Mandamus
by §95.11(8), Fla. Stat. (2000) and Fla.R.App.P. 9.100(c)(1 ). On appeal, the Secretary of Florida's Department of Corrections conceded the petition was timely filed, and the Court relinquished jurisdiction ...
Article • May 15, 2007
OH Prisoner Wins $50 in Personal Injury Suit by Earl Starks was an Ohio state prisoner at the Toledo Correctional Camp. In the early morning hours of January 1, 2004, a riot broke out ...
was in the EEOC charge. At 381: Subsequent conduct is reasonably related to conduct in an EEOC charge if: (1) the claim would fall within the reasonably expected scope of an EEOC investigation of the charges ...
Article • May 15, 2007
rule applied to Title VII exhaustion, since the requirements are the same. A claim not asserted in the administrative charge may be litigated in a subsequent suit (at 151) 1) where "the conduct ...
Article • May 15, 2007
D.C. Prison Conditions Violate Eighth Amendment Rights by The United States District Court, District of Columbia, ordered that (1) prison conditions at the Occoquan Facility, D.C., violated ...
Article • May 15, 2007
equitable powers in that (1) district court's continuous resort to standards articulated by professional agencies was incompatible with Supreme Court mandated duty to focus on whether alleged deficiencies ...
Article • May 15, 2007
are constitutional. See index for other cites in this case. See: Greenholtz v. Inmates of Nebraska Penal S. Corr. 442 U.S. 1, 99 S.Ct. 2100, 60 L.Ed.2d 668 (1979). ...
Article • May 15, 2007
Filed under: Work, Prison Labor, Sabbaths
religious practice. On February 1, 2001, the suit was settled for $750. Busby preceded pro se. See: Busby v. Durham, USDC Eastern District of Washington, Case No. CS-00- 0153-FUS. ...
1986 to 1989. Her complaint states:" On May 19, 1987, at approximately 8:30 a.m. I was physically struck by Sgt. Gould after suffering verbal abuse for the better part of 4 1/2 years from Sgt. Gould. He ...
Article • May 15, 2007
condition was sufficient to support an award of damages. The amount of punitive damages is not excessive with respect to the defendants' reprehensible conduct, and the 40-to-1 ratio of punitive ...
Article • May 15, 2007
Abuse of Discretion Applied to PLRA Frivolous Dismissals by Under 28 U.S.C. § 1915A(b)(1), dismissals for factual frivolousness are mandatory rather than discretionary, and dismissal ...
Article • May 15, 2007
Filed under: Limitations, Mail, Legal Mail
Legal Mail Use Required to Invoke Mail Box Rule by Rule 4(c)(1), Fed.R.App.P., allows an incarcerated appellant to rely on timely placement of a notice of appeal in the institution's ...
Article • May 15, 2007
Filed under: Mental Health, Suicides
Michigan Jail Not Liable for Suicide by The decedent was admitted to jail drunk and hanged himself with a telephone cord within two hours. To recover, the plaintiff must show (1) that he ...
fees to a Massachusetts state prisoner who was awarded $1 in nominal damages at trial for due process violations at a prison disciplinary hearing. The court gives an extensive discussion of when ...
Article • May 15, 2007
officials introduced motion for summary judgment asserting principle of res judicata. The U.S. District Court for the Southern District of New York held: 1) For retaliation to be shown, "plaintiff must show ...
prison officials and guards motioned for partial summary judgment. The U.S. District Court for the District of New Jersey held: 1) Summary judgment against the guards accused of beating plaintiff (who were ...
Article • May 15, 2007
for $35,000 on June 1, 1993. Donald was represented by Phillip Houston of West Palm Beach. See: Donald v. Sheriff Palm Beach County, Palm Beach County Circuit Court, Case No. 91- 12831 AJ. ...
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