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Article • May 15, 2007
. See index for other cites in this case. See: U.S. Department of Justice v. Julian, 486 U.S. 1, 108 S. Ct. 1606, 100 L.Ed.2d 1606 (1988) ...
Article • May 15, 2007
of action. The district court granted dismissal of the suit based upon the release agreement. The Seventh Circuit examined two issues: (1) Indiana contract law and (2) Federal public policy. The court ...
Article • May 15, 2007
. In response, IBEW received a letter dated July 1, 1999, stating the request had been forwarded to the proper staff. On August 17, 1999. IBEW advised WDOC it still had not received the requested information ...
Article • May 15, 2007
Filed under: Civil Procedure, Service
. The district court granted the motion and plaintiff appealed. The Seventh Circuit held Fed.R.Civ.P.4(e)(1) provides a federal court will have personal jurisdiction over a defendant if service is effected ...
Article • May 15, 2007
for their case, § 636 (c)(1) will not bear to allow parties to designate a magistrate judge independently of the district court's procedures for magistrate assignment. The appellate court ordered this matter ...
pursuant to Federal Rule of Appellate Procedure 24(a), the Fifth Circuit vacated and remanded, holding: 1) The prisoners' allegations that they were subjected to physical and mental suffering because ...
Article • May 15, 2007
of Appeals of Georgia affirmed, holding: 1) "'Employees of a county sheriff's department are immune from liability for negligent acts that are discretionary...." 2) The acts of the Sheriff and the jail ...
, and a circuit court affirmed. Sullivan appealed to the South Carolina Court of Appeals, which certified the matter to the state Supreme Court. The South Carolina Supreme Court held: 1) The ALJD only had ...
Article • May 15, 2007
if the department had compared file pictures and fingerprints. The U.S. Supreme Court held: 1) since Respondent was arrested on a valid warrant, his claim of being deprived of a liberty interest without due process ...
Article • May 15, 2007
violation for imposing an additional period of mandatory parole for a non-sex offense, while those convicted of sex offenses committed prior to July 1, 2002, have a discretionary period of parole ...
Article • May 15, 2007
or alternatively for summary judgment on the grounds that (1) jail officials have substantial justification to administer discipline and (2) Hudson failed to state a claim. The motion was appended with an affidavit ...
but discernibly stated: (1) that Alston thought his prison sentence amounted to cruel and unusual punishment under the Eighth Amendment; (2) that he thought his commitment to Greystone was done without due process ...
to a magistrate. The magistrate recommended dismissal and Sarro filed objections. The district court held: 1) Sarro could pursue Bivens action against the guards as he was in federal custody and the Marshal s ...
Article • May 15, 2007
granted summary judgment in favor of prison officials, holding: 1) Prison supervisors were not liable under doctrine of respondeat superior as Oliver failed to show "deliberate indifference, tacit ...
Article • May 15, 2007
1995, began working as a residential treatment officer at Camp Mendenhall in 2000. On March 1, 2001, Camp Mendenhall was notified of Miller's permanent work restrictions, which stemmed from a 1994 back ...
Article • May 15, 2007
with complete renal failure. The plaintiff sued, contending (1) the prison's medical staff was negligent for failing to follow up on his urinalysis and for not responding to his progressive neurological ...
once before, claimed psychological injury and fear of contracting AIDS. Plaintiff argued that records and discovery from jail officials showed that (1) no guard was on duty in the cell block when ...
Article • May 15, 2007
of habeas corpus challenging his detention and requesting class certification for all persons similarly situated. Respondents moved for dismissal. The district court denied Sillah's petition, holding: 1 ...
defendant prison officials' motion for summary judgment holding: 1) An alternative to the normal three-step grievance process is available to New York prisoners alleging harassment or assault by prison guards ...
Article • May 15, 2007
dismissal of the government's motions for summary judgment. The district court held: 1) The BOP failed to justify, under the FOIA exemption, the nondisclosure of staff statements about internal matters ...
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