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are reviewed on a "rational basis" standard. Under this standard the prisoners will prevail if: 1) they are similarly situated with persons who are treated differently by prison officials; and 2) prison ...
the requirements for issuance of a PI and denied their motion. While not a ruling on the merits it does not appear likely the plaintiffs will prevail in the district court. See: Blair v. Loomis , 1 F. Supp.2d 769 ...
. prisoners cut a hole through two fences, triggering perimeter alarms at 1:06 p.m. But it was two hours before local law officials first learned of the escape when a 911 call was placed by an anonymous person ...
expenses the DOC incurred in treating the victim for five days between when the assault occurred and when he died. The appeals court vacated the restitution order. 18 PA.C.S. Section 1106(c)(1) imposes ...
Article • December 15, 1998 • from PLN December, 1998
PLRA Attorney Fee Provision Not Retroactive to Pre-PLRA Services by The Court of Appeals for the Sixth Circuit ruled in favor of attorneys for Michigan women prisoners, holding; (1 ...
of the contract, PHS refused. The Sheriff's insurer then informed PHS that the prisoner's claim exceeded the Sheriff's $1 million policy limit, and unless PHS intervened, the insurer would settle the claim ...
Article • February 15, 2000 • from PLN February, 2000
their education behind bars will find this to be an invaluable road map. Cost is $21.95, plus $2 shipping. Contact: Audenreed Press, PMB 103, P.O. Box 1305, Brunswick, ME 04011. 1-888-315-0582. ...
Article • February 15, 2000 • from PLN February, 2000
organizing in 1998, Whitestone has gained national attention. Our missions: 1) provide critical analysis of civil commitment programs designed to re-incarcerate criminals in indefinite confinement (touted ...
Article • February 15, 2001 • from PLN February, 2001
and Jacqueline Johnson. The jury awarded $1 million in compensatory damages jointly against all three defendants. The medical examiner testified at the trial that the defendants' conduct caused and contributed ...
Article • March 15, 2002 • from PLN March, 2002
for findings regarding whether his neglect was excusable. See: Kosman v. State , 16 P.3d 211 (Ariz.App.Div. 1, 2000). ...
Article • March 15, 2002 • from PLN March, 2002
Filed under: Civil Procedure, Appeals
officials conspired to have him unlawfully detained based on a "falsified indictment." The district court dismissed the suit under 28 U.S.C. § 1915A(b)(1) for failure to state a claim. The appeals court ...
supervision. Following their release, the Court of Appeals of Maryland (the court of last resort in the state of Maryland) decided Besears v. Wicker , 349 Md. 1 (1998), which involved the interpretation ...
Article • March 15, 2002 • from PLN March, 2002
320, 265 A.D.2d 38 (N.Y. App. Div. 1, 2000). ...
Article • February 15, 2002 • from PLN February, 2002
rights under the First amendment to the U.S. Constitution, and Article 1, § 7 and § 15 of the Utah's state constitution. Since PLN is censored with no notice, the ban also violates PLN 's right to due ...
Article • April 15, 2002 • from PLN April, 2002
that the rule was "ultra vires and void" and that injunctive relief was warranted because: "(1) DOC is continuing to enforce the regulation and procedures notwithstanding that at least two judges ...
Article • December 15, 2002 • from PLN December, 2002
Alaska Prison Design Case Settles for $1 Million by In August, 2001, the state of Alaska settled a lawsuit involving faulty prison design which resulted in serious injury to a prisoner ...
Article • January 15, 2003 • from PLN January, 2003
) and the Supreme Court granted review. The Court upheld its position set forth in In Re Restraint of Young, 122 Wash.2d 1, 857 P.2d 969 (1993), that persons committed under the SVP, and those committed under RCW ...
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Appendicitis
to seek assistance on his behalf. Again, AHCC staff did nothing. Finally, on November 1, 1995, Mr. Kitchen was taken to the AHCC infirmary where he was diagnosed with dehydration and placed on intravenous ...
Article • November 15, 2003 • from PLN November, 2003
Filed under: Sentencing, Parole
was in effect. See: Anderson v. Bruce, 50 P.3d 1 (Kan. 2002). ...
Article • August 15, 2004 • from PLN August, 2004
Filed under: Commentary/Reviews, Reviews
as of September 1, 2003 changes in the law. Organized in the same chapter structure as the 1,000 page Third Edition of the Handbook [see PLN, Oct. `01, p.23], the 72 pages of text discuss the impact of 250 recent ...
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