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Article • December 15, 2006 • from PLN December, 2006
evidence, improperly conducting a photo lineup, and deliberate indifference. Under the settlement McGee will receive two equal payments of $6,125,000: the first within 60 days and the second by June 1, 2007 ...
Article • December 15, 2006 • from PLN December, 2006
Filed under: Telephones, Telephone Rates
Communications Services (PCS). PCS bid charges 10 cents a minute for long distance calls, compared to 7 cents a minute under the cheapest bid. A local call under PCS will be $4.50 plus a $1 surcharge for a 35 ...
Article • May 15, 2007
awarded the prisoner $1,000 in damages. On appeal, the court of appeals for the Second circuit held: 1) A prisoner cannot be punished for merely possessing "inflammatory" material as held in Sostre v ...
Article • May 15, 2007
recommended the case be dismissed. The district court then adopted the magistrate's recommendation. The appeals court construed the issue in the context of the Magistrate Act, 28 U.S.C. § 636(b)(1), finding ...
of Personal Restraint of Felton, 2001 WL 882101 (Wash.App.Div.1). ...
Article • May 15, 2007
banning publications which incite disobedience toward law enforcement officers or prison personnel" the court held that "[1]iterature that criticizes police or corrections officials cannot be excluded under ...
Article • May 15, 2007
. A U.S. district court dismissed the claim. The U.S. Court of Appeals for the Tenth Circuit affirmed, holding: 1) Prisoner failed to prove claim that cancellation of bland diet constituted cruel ...
Article • May 15, 2007
in Kentucky, a plaintiff must prove "(1) a duty on the part of the defendant; (2) a breach of that duty; and (3) consequent injury." Testimony by a medical expert is almost always required to prove ...
Article • May 15, 2007
for the Eleventh Circuit affirmed the conviction. The U.S. Supreme Court held that the district court did not err by denying defendants' motion for an evidentiary hearing for the following reasons: 1) Federal ...
the suit holding (1) that the suit was barred by the Eleventh Amendment and (2) that the claims were without merit. Fidtler appealed. The Court of Appeals, citing Lapidesv v. Board of Regents ...
Article • May 15, 2007
or a declaratory judgment in the state courts," or other possible relief. The U.S. Court of Appeals for the Eighth Circuit affirmed, 439 F.2d 1331. The U.S. Supreme Court held: 1) "Section 2254 does not erect ...
Article • May 15, 2007
the case at 276 F.Supp. 12, finding that 1) no federal cause of action had been stated, and 2) the agents had immunity. The Court of Appeals for the Second Circuit affirmed at 409 F.2d 718. The Supreme ...
, 581 F.2d 669 (1978)). The U.S. Supreme Court held: 1) Respondent could legitimately pursue a Bivens remedy regardless of the fact that the action could also be pursued under the Federal Tort Claims ...
a public entity nor a public employee is liable for any injury resulting from a parole determination. The Court of Appeal, Fourth District, Division 1, held that ministerial acts in carrying out ...
ceiling was not temporary. The Court of Appeals for the Sixth Circuit, 624 F.2d 1099, affirmed. The U.S. Supreme Court held: 1) Conditions of confinement are unconstitutionally cruel and unusual only ...
Article • May 15, 2007
. district court dismissed the action. The U.S. Court of Appeals for the Tenth Circuit affirmed. The U.S. Supreme Court also affirmed, holding: 1) Petitioner's current imprisonment resulted from the crimes ...
Article • May 15, 2007
to due process. A U.S. district court found that Lenea had been denied due process and ordered his record be expunged of the charges. The Seventh Circuit Court of Appeals affirmed, holding: 1) Although ...
was unconstitutional but barred recovery of back pay, 394 F.Supp. 853. The U.S. Court of Appeals for the Second Circuit, 532 F.2d 259, affirmed. The U.S. Supreme Court held: 1) For purposes of § 1983, municipal ...
Article • May 15, 2007
aware of a history of sexual assaults in the jail. Defendants filed a pretrial motion to dismiss for failure to state a claim. The standard used by the court to determine liability was two-fold: (1 ...
Article • May 15, 2007
the prisoner's claim and he appealed. The Court of Appeals affirmed, holding: 1) Differential treatment of prisoners is sustainable if it is reasonable. Prisoner's differential treatment in this case ...
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