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Article • May 15, 2007
the order for confinement, holding: 1) Under 229A, specific provisions exist for confined and non-confined persons. The significant difference between the provisions is that for non- confined persons ...
to the doctrine of promissory estopell. There are five prerequisites for a doctrine of promissory estopel: (1)a promise which (2)the promisor should reasonably expect to cause the promisee to change his position ...
Article • May 15, 2007
be confined to a community corrections facility. James McCurry, a Texas prisoner, was placed on mandatory supervision pursuant to Texas Government Code § 508.001(1) and confined to the Ben Reid Facility ...
Article • May 15, 2007
not abuse of discretion. The district court judgment and damages award were upheld. This case is published in the Federal Appendix and is subject to rules governing unpublished cases. See: King v Verdone, 1 ...
Article • May 15, 2007
as they applied to Chennault. The Eleventh Circuit found that Chennault's behavior might satisfy the test for an Eighth Amendment violation, e.g., (1) subjective knowledge of a risk of serious harm, and (2 ...
of the dismissals in this case. However, even though Elliott's grievances and pleadings were poorly drafted, the Tenth Circuit found that a liberal construction of them created factual issues as to: 1) whether LCF ...
Article • May 15, 2007
. State Dept. of Corrections, 129 Wash.App. 1015 (Wash.App.Div.1, 2005) (not reported in P.3d). ...
Article • May 15, 2007
Filed under: Visiting
in part and remanded. The U.S. Supreme Court held that prisoners did not have a liberty interest in visitation that was protected by the due process clause in this instance because: 1) "Explicit mandatory ...
Article • May 15, 2007
officer was not biased for 1) failing to secure a videotape of the incident because the tape did not exist, or 2) failing to allow testimony of prisoner-witnesses because the prisoners refused to testify ...
Article • May 15, 2007
and remanded the case for further proceedings. See: Tardiff v. Knox and York Counties, 365 F.3d 1 (1st Cir. 2004). ...
Article • May 15, 2007
that the likelihood that the plaintiff will be conscious of pain during his execution is less than .006 of 1%, and there is no reason to believe that the surgical tubing will leak, the chemicals will be improperly ...
Article • May 15, 2007
doesn't. A First Amendment retaliation claim requires the plaintiff to show "(1) he engaged in a protected activity, (2) the government official took adverse action against him that would chill a person ...
Article • May 15, 2007
-protected interest in refusing unwanted medical treatment." (447) The court says (447 n.1) that detainees "have at least those rights enjoyed by convicted inmates" and proceeds to apply the Turner standard ...
discrimination lawsuit. The award came after a $5,000 summary judgment settlement between the parties. James Kennington was arrested and booked into Indiana's Marion County lock-up his lawsuit claimed: 1 ...
Article • May 15, 2007
. He was eventually convicted of escape for the incident under 21 O.S. 2001 sec. 443(A), which provides a sentence for those who escape from jails (1) while awaiting charges on a felony offense; (2 ...
Article • May 15, 2007
Filed under: Sentencing, Bail
. Citing State ex rel. Jones v. Hendon, 66 Ohio St. 3d 115, 609 NE.2d 541 (1993) and State ex rel. Baker v. Troutman, 50 OhioSt.3d 270, 553 NE.2d 1053 (1990), the Court concluded that before the January 1 ...
including the contract between DOC and Qualis Health, documents regarding the medical provider's review committee functions and decisions, and grievances filed regarding their service since July 1, 2002, when ...
while they awaited paramedics arrival. The trial judge excluded several of Alvarado's parents' theories and related evidence based on the Texas Tort Claims Act (TTCA). Section 101.056(1)(2) of the TTCA ...
Article • May 15, 2007
, "but rather constitutes the 'pay' of a 'non commissioned officer' and as such is ..." not excluded from garnishment as 'earned income' pursuant to Executive Law § 632 a(l)(c)," because (1) the pay is not from ...
Article • May 15, 2007 • from PLN May, 2007
Washington DOC Settles Open Records Suit for $15,000 by On May 1, 2006, the State of Washington agreed to pay prisoner Allan Parmelee $15,000 to settle a lawsuit stemming from the Department ...
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