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Article • May 15, 2007
released. On June 1, 2000, Grunquist, proceeding pro se, brought suit in the Spokane County Superior Court. In February 2001 a settlement was reached where Grunquist was provided all requested records ...
in punitive damages and $1 for the hostile work environment created by the racial discrimination. Patterson was represented by attorney A.J. Bosman in Utica, New York. See: Patterson v. Balsamico, U.S.D.C ...
Article • May 15, 2007
. He had two negative UAs on October 3, 2000 (his initial baseline sample) and December 6, 2000. Then, on January 1, 2001, he tested positive for cocaine. His parole officer filed a complaint for parole ...
...." The Tenth Circuit Court of Appeals held: 1) Pretrial detainees are due the same level of protection from being denied medical attention as those already convicted. 2) "Although acts or omissions of no one ...
that the SOC's policy of forced medication violated due process, at 110 Wash.2d 873, 759 P.2d 358. The state appealed. The U.S. Supreme Court held: 1) The fact that the prisoner was not currently being forcibly ...
. In reviewing the case de novo, the Tenth Circuit reversed in part and affirmed in part, holding: 1) The district court erroneously relied on the sheriff's version of events, which he detailed in two reports ...
for the Eleventh Circuit reversed and remanded, holding: 1) The district court abused its discretion in not allowing the plaintiff to amend his claim, as at the time prison officials had not yet been served. 2 ...
. The juvenile had been dead for over an hour when found. The Court also held the County could be found liable for wrongful death under Tex.Civ.Prac.& Rem.Code Ann. § 71.001(1). Under Texas' Tort Claims Act ...
Article • May 15, 2007
appealed and the prisoner cross-appealed alleging an insufficient attorney fee award. The Court of Appeals for the Fifth Circuit held: 1) Even though the prisoner did not prevail in his § 1983 action since ...
of Appeals for the Fifth Circuit held: 1) Evidence showing "the jail was administered in a manner virtually indifferent to the safety of prisoners and that this was the direct cause of [Plaintiff's] injuries ...
Article • May 15, 2007
a directed verdict for defendants. See: 644 F.Supp. 246. The U.S. Court of Appeals for the Fourth Circuit affirmed at 827 F.2d 945. The U.S. Supreme Court held: 1) The lower courts erred in applying ...
not requested to call witnesses. The DOC and the Superior Court, Appellate Division, affirmed the guilty finding. The New Jersey Supreme Court held: 1) It could not be determined from the one page record ...
Article • May 15, 2007
of construction, maintenance, and operation.' Tex.Rev.Civ.Stat.Ann. Art. 5115.1 § 1 (Vernon Sup. 1986)." Under the statute, the Commission was given broad enforcement powers "without imposing any obligation to act ...
Article • May 15, 2007
, but denied relief to the convicted prisoners. Cross-appeals were taken. The U.S. Third Circuit Court of Appeals affirmed in part, vacated in part, and remanded, holding: 1) The "transfers had neither ...
Article • May 15, 2007
concerning their legal rights but would otherwise not have counsel," i.e. cooperating witnesses. The FDLA maintains a 24-hour hotline number (1-800-LAW-REP4) which family members or friends can call when ...
Article • May 15, 2007
judgment in favor of prison officials. Langton appealed. The Appeals Court affirmed in part and vacated and remanded in part, holding: 1) Langton's allegations, if true, were "sufficient to constitute ...
Article • May 15, 2007
Filed under: Medical, Blood, Hepatitis, Complaints
Rights Act.'" Broughton appealed. The Ninth Circuit reversed and remanded holding: 1) A prisoner's civil rights complaint may be dismissed if it is deficient or frivolous; however, "dismissal is proper ...
Article • May 15, 2007
attorney did not follow the procedures established in Anders v. California, 386 U.S. 738, 87 S.Ct 1396, 18 L.Ed.2d 493 (1967). The U.S. Supreme Court granted certiorari and reversed, holding: 1 ...
Article • May 15, 2007
habeas corpus petitioners and Rule 23(d) creates a presumption of correctness for the district court's order under Rule 23(c), The court said the factors regulating a stay are: (1) whether the stay ...
Article • May 15, 2007
Amendment violations. The court held that to determine if overcrowding constitutes cruel and. unusual punishment it must consider: (1) the duration of the prisoners' confinement; (2) the degree to which ...
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