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Article • May 15, 2007
, respectively. The N.P. submitted a special report which the court treated as a motion for summary judgment. In ruling on the defendant N.P..'s motion for summary judgment, the court held: 1) Pate failed to show ...
constitutional and statutory violations resulting both from his detention and from his treatment at the Jail." On defendant's motion for dismissal, the district court held: 1) Jail officials acted under color ...
, that: 1) The doctrines of collateral estoppel and res judicata did not bar plaintiffs' § 1983 claims. 2) Plaintiffs were not required to exhaust administrative remedies since an order requiring relief ...
and Deputy Director of Adult Institutions John Call in their official capacities, the district court held: 1) State prison officials Fauver and Call were not entitled to qualified immunity since the law ...
other prisoners. Some of the prisoners were required to complete the SOP as a condition of their sentence. While the majority applied for the program for two reasons, (1) parole requires some prisoners ...
. § 1915(d). On appeal the Sixth Circuit held: 1) Lawler's claim was not frivolous as it uttered "an arguable legal claim of an eighth amendment violation against proper defendants to such a claim ...
Article • May 15, 2007
in punitive damages against Schroyer. The city appealed. A Court of Appeal reversal, 246 Cal.Rptr. 487 was superseded on review, 249 Cal.Rptr. 289, 756 P.2d 1348. The California Supreme Court held: 1) The City ...
for the Second Circuit, Wolfish v. Levi, 573 F.2d 118 (1978) affirmed in part and reversed in part. The U.S. Supreme Court held: 1) The practice of housing two pretrial detainees in a "room" designed for one ...
rights under the U.S. Constitution and Art. 1 § 12 of the New York Constitution governing due process. Ms. Sarnicola also filed for summary judgment. The U.S. District Court held that the strip search ...
Article • May 15, 2007
(1987), reversed and remanded. The U.S. Supreme Court held: 1) The necessary definition of involuntary servitude encompasses those actions where the victim is forced to labor for a defendant through ...
found that prison officials had violated Brooks' First and Fourteenth Amendment rights but recommended only nominal damages. Brooks and prison officials appealed. The Third Circuit held: 1) Brooks ...
Article • May 15, 2007
of causing harm." The Court also held that due process affords no more protection in a prison security case than the Eighth Amendment does. It should be noted that the Hudson v. McMillian 503 U.S. 1, 112 S.Ct ...
and remanding, the Fourth Circuit held that to determine whether a private corporation is an agency" subject to Florida's Public Records Act, a court must consider the following factors: (1) the level of public ...
' extensive modifications to these aspects of the plan." On CDC's appeal, the Ninth Circuit vacated the district court's order and remanded, holding: 1) The district court applied the wrong legal standard ...
Article • May 15, 2007
Ohio 7296, 2000 40 Ohio Misc. Lexis 696 (Ohio Ct. Cl. December 1, 2004). ...
Article • May 15, 2007
Filed under: Sentencing, Good Time
" for thirty days served; only trustees or those sentenced to the County were awarded ten day "good-time" for thirty days served. The Court held the State's statute R.C.W. 9.94A.150(1) divides authority ...
Article • May 15, 2007
Filed under: Media, Access to Media
of whether jails and prisons should be open to the media is "a matter for legislative, not judicial, resolution." The case was reversed and remanded. See: Houchins v. KQED, 438 U.S. 1, 98 S.Ct. 2588, 57.L.Ed ...
to prisoners' serious medical needs by; (1) failure to hire a regional medical director to oversee incarcerated prisoners; (2) failure to maintain adequate staffing levels of nurses and physicians ...
facilities from January 1, 1995, through December 31, 1997, filed a Federal class action civil rights complaint regarding conditions of confinement and treatment during transportation to Texas and while ...
Article • May 15, 2007
and prior request for extension of time showed no "excusable neglect" or "good cause". Citing Turner v. Safely, 482 U.S. 78, 1 91 (1987), the Tenth Circuit affirmed the district court's decision that Searles ...
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