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Article • May 15, 2007
Filed under: Searches, Cell Searches
vacated and remanded, holding: 1) "[B]ecause a prisoner does not have a reasonable expectation of privacy in his prison cell; the fourth amendment's proscription against unreasonable searches does not apply ...
Article • May 15, 2007
. Plaintiffs, Dwayne's divorced parents, sued four deputies, LA County and the Sheriff Department alleging: 1) the deputies used excessive force in hobbling Dwayne; 2) the department's own procedures note ...
Article • May 15, 2007
constituted denial of access to the courts. A U.S. District Court held in favor of the prison officials. The Court of Appeals affirmed, holding: 1) Although prison officials' actions in treating Appellant ...
that prisoners have no vested property or liberty rights to either obtain or maintain employment. Accordingly, the district court's order was affirmed. See: Dupont v. Sanders, 800 F.2d 8 (1 Cir. 1986). ...
Article • May 15, 2007
restitution order. Both the Employee's Retirement Income Security Act (ERISA), 29 U.S.C. 1056 (d)(1), and the Internal Revenue Code, 26 U. S.C.§ 401(a)(13)(A), have anti-alienation clauses that provide benefits ...
Article • May 15, 2007
Supreme Court that neither a state nor its employees acting in their official capacities were "persons" under § 1983, because 1) the statutory language of § 1983 does not support the assertion ...
on February 24, 1971, directing the jail to bring conditions up to federal standards by September 1, 1971. On February 14, 1972, jail detainees filed a motion for a show cause order for the jail to explain why ...
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 ...
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