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Article • May 15, 2007
for summary judgment or dismissal, contending that the District of Columbia could not be sued under §1983 and that plaintiffs failed to state a claim. The District Court held: 1) The District of Columbia ...
, the U.S. District Court for the Western District of New York held: 1) The prisoner's civil rights were not violated by failure of prison authorities to file rules of disciplinary proceedings with the New ...
in the alternative. The District Court held: 1) The evidence was sufficient to uphold the jury award, as testimony supported the prisoner's claims. 2) The evidence was sufficient to warrant instructions on punitive ...
and state law. On defendants' motion for summary judgment the district court held: 1) Allegation that sex between guards and prisoners was so common that jail officials had constructive knowledge ...
Article • May 15, 2007
and others. While so confined, he applied for Social Security benefits, and was ultimately granted benefits. In 1994, Congress amended the Social Security Act, 42 U.S.C. 402(k)(1)(A)(ii), that provides ...
Article • May 15, 2007
the sample and brought suit seeking to enjoin the action. The district court dismissed Miller's action, holding: 1) Requirement mandating submission of DNA sample did not constitute unconstitutional taking ...
Article • May 15, 2007
were violated by prison authorities. His application was denied and he appealed. On writ of certiorari, the Supreme Court of Iowa held: 1) Backstrom's right to adequate notice of charges ...
Article • May 15, 2007
Filed under: Money/Property, Forfeiture
and personal property, the Florida Supreme Court held: 1) In the instant case, the state clearly did not comply with due process as it "seized real property, including residential property, prior to giving ...
Article • May 15, 2007
. court agreed, holding: 1) Fromer established that his refusal to comply with the rule stemmed from sincere religious beliefs. 2) The Department could have used less restrictive measures to enforce its ...
. Reed of the Law Offices of Judith A. Lonnquist of Seattle, WA who received $145,000 in attorney fees and costs. See: Lane v. State of Washington, Thurston County Superior Court, Case no. 91-2-01832-1 ...
living conditions. Prisoners confined in the 102-year-old Allegheny County Jail (Pennsylvania) brought suit against state and county authorities to alleviate overcrowding. The district court held: 1 ...
- action suit. The court ordered that: (1) prison populations be reduced to design capacity; (2) isolation prisoners be single-celled with not less than 40 square feet of cell space; (3) isolation cells ...
Article • May 15, 2007
Court. After granting certorari, the U.S. Supreme Court reversed and remanded the case. The Supreme Court found that the statute was unconstitutional as an ex post facto law for several reasons: 1 ...
Article • May 15, 2007
found in the prisoner's favor and the Supreme Court reversed. It held that the first two requirements of any § 1983 lawsuit were; 1) Whether the action deprived the person of Constitutional rights ...
Article • May 15, 2007
that the court of appeals erred in reversing the district court's decision. The justices supported their decision with the following; 1) unless the prison officials "knew or reasonably should have known" or acted ...
were violated by prison authorities. His application was denied and he appealed. On writ of certiorari, the Supreme Court of Iowa held: 1) Blackstrom's right to adequate notice of charges ...
Article • May 15, 2007
Filed under: Family, Family Law
was convicted of felony nonsupport by a jury in the Fifth Judicial District Court, Nye County, and he appealed. The Supreme Court of Nevada affirmed, holding: 1) Juries may consider imprisonment as a valid ...
(S.D.N.Y. 2000). The District Court, after a hearing on certain remaining issues, held: 1) Detainee's right to due process was violated by ventilation problems, temperature extremes, poor lighting ...
under 42 U.S.C. § 1983 and state law alleging that he was denied due process. Defendants moved for dismissal, or alternatively, for summary judgment. The district court denied the motions, holding: 1 ...
Article • May 15, 2007
concurrent to the Wyoming term. Mr. Womack was then returned to Wyoming to serve the remainder of his 3 to 6 year sentence. Wyoming released him on February 1, 1998. Mr. Womack was then transferred ...
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