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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 ...
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 ...
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