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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 ...
Article • May 15, 2007
(and therefore less factual) understanding. Punitive damages should be reviewed applying three criteria: "(1) the degree or reprehensibility of the defendant's misconduct, (2) the disparity between the harm ...
Article • May 15, 2007
. §§ 217.827(1)(b) and 217.833. "Moore asked the district court to enjoin the State from attaching the money CMS had deposited with the court, arguing that the State was prohibited from doing so under" Hankins v ...
$1 Awarded To Utah Prisoner After Untimely Appeal Fails by Former Utah pre trial detainee Charles Farnsworth filed a Federal civil rights complaint against Salt Lake County Sheriff Aaron ...
Article • May 15, 2007
requirements must be met: (1) the class representative must not have interests antagonistic to those of the class, and (2) the attorney representing the class must be qualified, experienced, and generally able ...
Article • May 15, 2007
and remanded holding: 1) An employer commits an unlawful practice if the employer refuses to hire an individual because of a disability. Tex. Lab. Code § 21.05. Disability is defined as a mental or physical ...
Article • May 15, 2007
First Amendment Injuries are Irreparable for PI Purposes by At 348-49: To obtain a preliminary injunction a party must demonstrate: (1) that it will be irreparably harmed if an injunction ...
Article • May 15, 2007
not preserve that issue for appellate review. See: Washington v. Smith, 130 Wash.App. 721, 123 P.3d 896 (Wash.App. Div. 1, 2005), petition for review denied, 157 Wash.2d 1026, 142 P.3d 609 (Wash. 2006). ...
Article • May 15, 2007
November 1, 2003, we no longer charge shipping for book orders over $25.00. Everyone at PLN wishes our readers a happy holiday season and best wishes for a new year of greater struggle. ...
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