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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 ...
Article • May 15, 2007
Samson sued the state of Montana for negligence. A jury found in favor of the state and Samson appealed. The Montana Supreme Court affirmed the jury's verdict, holding: 1) Sufficient evidence ...
Article • May 15, 2007
for being placed in a cell without a toilet, in his bare feet, for five hours. The Tenth Circuit held a cruel and unusual punishment claim must establish (1) officials knew of and disregarded an excessive ...
. Miller reported the incident to her employer, KFM, but no action was taken. Unable to continue working around McQueen, Miller did not return to work. Miller filed suit against KFM alleging that: 1) she ...
Article • May 15, 2007
of supervised release under 18 U.S.C. § 4042(c)(4) (c), as his offense under 18 U.S.C. § 2252(a)(1) is a qualifying offense under § 4042. The Eleventh Circuit also held the defendant was not entitled ...
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 ...
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