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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 ...
Article • May 15, 2007
. Totenberg, both of Atlanta. Gordon Kamka provided expert testimony on prison procedures. See: Isdell v. McBerry, USDC ND GA, Case No. 1:89CV1951-HPW. Source: The Georgia Trial Reporter ...
Article • May 15, 2007
injury was aggravated when he was assaulted by two guards. Harold Ivory, a state prisoner at the Bibb Correctional Facility, claimed he was speaking with a female guard on January 1, 2001, when two other ...
Article • May 15, 2007
of Appeals for the 1st Circuit found that: (1) the constitutional right to a parent-child relationship is not absolute; and (2) given Smith's apparent inability to control himself, the condition ...
Article • May 15, 2007
suspension of his SSI benefits, retroactive to September 1, 1999 (the date a failure to appear warrant issued). The district court adopted the Magistrate Judge's recommendation to dismiss Fowlkes' civil rights ...
Article • May 15, 2007
and for entry of judgment conforming to the court's final decision. See: Washington Dept. of Corrections v. Daniel, 130 Wash.App. 629, 126 P.3d 52 (Wash.App. Div. 1, 2005). ...
Article • May 15, 2007
Louisiana Sheriff Sues Parish For Revenue Generated From Jail Operation by Bob Williams By Bob Williams On December 1, 2004, the Louisiana Supreme Court held the Caddo Parish Sheriff's ...
Article • May 15, 2007
for pain and suffering. Beverly, dissatisfied with the low damage award, appealed. The Appellate Court held: (1) Beverly had failed to establish that exclusion of some medical records was probably ...
Article • May 15, 2007
Filed under: Police, False Arrest
No. 1:02-cv-01553-LJM-VSS. ...
Article • May 15, 2007
"shall be credited against" that sentence. On that basis, the case was remanded with instructions to credit Guido with the 411 days of Florida jail time. See: Guido v. Goord, 1 N.Y.3d 345, 806 N.E.2d 138 ...
Article • May 15, 2007
in most cases). At 772 n. 1: The "course of proceedings" test considers such factors as the nature of the plaintiff's claims, requests for compensatory or punitive damages, and the nature of any ...
Article • May 15, 2007
of an appeal is best advised (1) when denial of certification effectively terminates the litigation because the value of each plaintiff's claim is outweighed by the costs of stand-alone litigation; (2) when ...
Article • May 15, 2007
initiated civil commitment proceedings against him under ILCS § 207/1, et seq. A jury found that Varner suffered from a mental disorder that made it substantially probable that he would engage in sexually ...
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