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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 ...
Article • May 15, 2007
Circuit held: 1) Protective custody prisoners' right to free exercise of religion was violated by the prison's regulations concerning religious services, which did not afford them the opportunity ...
Article • May 15, 2007
population. The district court granted relief, holding: 1) Protective custody prisoners' right to free exercise of religion was violated by the prison's regulations concerning religious services, which did ...
Article • May 15, 2007
Circuit held: 1) Although a liberty interest may be created through the use of mandatory language or substantive standards in state statutes, in this case the statutes governing the work/study release ...
and reversed in part. See: Giarratano v. Murray, 836 F.2d 1421 (4th Cir. 1988). Upon rehearing en banc, the Fourth Circuit affirmed the district court's decision, holding: 1) Meaningful access to the courts ...
Article • May 15, 2007
Filed under: Sentencing, Parole
.2d 877. The State petitioned for discretionary review. The Washington Supreme Court held: 1) RCW 9.94A.200(21) authorized "a separate 60-day term for each violation of a condition of a sentence." 2 ...
Article • May 15, 2007
and eventually cursed at the judge and hung up. The District Court, Bernalillo County, subsequently terminated the father's parental rights and he appealed. The Court of Appeals affirmed, holding: 1) The father ...
of the charges, holding: 1) Burke's constitutional right to due process was violated as it "requires that when a witness is interviewed, the inmate must either be present or receive a tape or transcript ...
Article • May 15, 2007
, holding: 1) When pursuing a claim alleging impediment of their right to counsel in violation of the Sixth Amendment, the detainees need not show actual injury. 2) In keeping with PLRA guidelines ...
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