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Page 1467 of 1957. « Previous | 1 2 3 4 ... 1463 1464 1465 1466 1467 1468 1469 1470 1471 ... 1953 1954 1955 1956 1957 | Next »

, 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 ...
Article • May 15, 2007
were justified or if other actual injury occurred, warranted a substantial non-punitive damage award. See: Piphus v. Carey, 545 F.2d 30 (7th Cir. 1976). The U.S. Supreme Court held: 1) Compensation ...
Article • May 15, 2007
. On defendants' motion for summary judgment, the U.S. District Court for the Southern District of Iowa dismissed Hrbek's claim. Hrbek appealed. The Eighth Circuit affirmed, holding: 1) Hrbek would have ...
to release the documents. The DOJ appealed. The Eleventh Circuit reversed and remanded, holding: 1) The documents at issue revealed "Cox's candid disclosure of her private thoughts and feelings concerning ...
Article • May 15, 2007
Filed under: Organizing, Voting
Protection Clause. See: 9 Cal.3d 199, 107 Cal.Rptr. 137, 507 P.2d 1345. The court did not, however, issue the writ of mandate. The U.S. Supreme Court reversed and remanded, holding that: 1) The county ...
. The appellate court held that an evidentiary hearing must be granted in a § 2254 action if: (1) the merits of the factual dispute are not resolved in a state hearing; (2) the state factual determination ...
Article • May 15, 2007
granted defendant prison officials' motion for summary judgment. The Court of Appeals held: 1) Although prisons can Crimp a prisoner's religious style, if the regulations are "reasonably related ...
Article • May 15, 2007
in the Federal Bureau of Prisons. Part of the Prison Litigation Reform Act (PLRA), § 1932 allows for the revocation of good time credits if (1) the claim was filed for a malicious purpose, (2) filed to harass ...
Article • May 15, 2007
petitions under the Anti Terrorism Effective Death Penalty Act (AEDPA), 28 U.S.C. 2244 (2) (1). The petitioner, an Arkansas prisoner, filed a habeas corpus petition challenging her life sentences imposed ...
rights and awarded both plaintiffs $1,500 from each of the three defendants, or a total of $4,500 to each plaintiff. On appeal the Seventh Circuit held: 1) Defendants were entitled to only qualified ...
denied. On interlocutory appeal, the First Circuit held: 1) The court's jurisdiction on interlocutory appeal in considering the legitimacy of defendant's qualified immunity defense was not limited ...
Article • May 15, 2007
§ 1983 was precluded by genuine issues of material fact. The Court held 1) that determination of whether defendants showed deliberate indifference to Howard's medical needs, and whether a causal ...
Article • May 15, 2007
again held the ban unconstitutional. See: Fromer v. Scully, 693 F.Supp. 1536 (S.D.N.Y. 1988). On a subsequent appeal the Second Circuit reversed, holding: 1) Fromer had not shown the rule ...
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