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Earles would have to show that: (1) he was engaged in statutorily protected conduct; (2) his employer took adverse employment action against him; and (3) there was a casual link between that conduct ...
Article • May 15, 2007
in Garcia's favor. He was consequently awarded $75,000 in punitive damages and $l nominal damages against Charles Marshall, and $1 nominal damages against Glen Rodman. The defendants' positions were not given ...
Article • May 15, 2007
Filed under: Sentencing
. Div. 3, Case No. 24491-1-III (2006) (unpublished -- see: 2006 WL 2641523). ...
Article • May 15, 2007
." The district court, however, failed to assess four factors to determine if Davy was entitled to attorney fees under the FOIA. The Appeals Court, therefore, remanded for that court to determine "(1) the public ...
Article • May 15, 2007
. The Court held that Conley's right to privacy in her DNA information does not override the governments 'special needs' in: 1) obtaining reliable proof of a felon's identity, 2) deterring convicted felons from ...
administrative process that (1) was empowered to consider his complaint and (2) could take some action in response to it. Larkin does not contend that his excessive force complaint against Lts. Galloway ...
Article • May 15, 2007
the resolution of which will advance the litigation.'" (695) Rule 23(b)(1)(a) supports certification where separate proceedings would create a risk of "inconsistent or varying adjudications . . . which would ...
Article • December 15, 2003
Filed under: Mail, Legal Mail
Court for the Western District of New York dismissed for failure to state a claim pursuant to Fed.R.Civ.P. 12(b)(6). Washington appealed. The Second Circuit reversed and remanded, holding: 1) Since ...
Article • December 15, 2003
Filed under: Mental Health, Suicides
] equated to a violation of Butler's constitutional rights." The Eleventh Circuit remanded with orders to grant the defendants' motion for summary judgement, holding: 1) "Because Butler was a pretrial ...
recommendation, the Court rejected qualified immunity under the two-prong test mandating (1) allegations of constitutional rights violations that were (2) clearly established at the time of the alleged events ...
Article • December 15, 2003
Filed under: Civil Procedure, Damages
UK Prisoners Awarded Nearly 1 Million Pounds in Damages by Since 2003, 211 United Kingdom prisoners have been awarded 862,320 pounds to settle a wide range of claims, according ...
Article • December 15, 2003
circumstances." The U.S. Ninth Circuit Court of Appeals, 888 F.2d 1276 (9th Cir. 1989), affirmed. The U.S. Supreme Court vacated and remanded, holding: 1) Probable cause determinations for warrantless arrests ...
Article • December 15, 2003
if it was ""clearly erroneous or contrary to law", which it determined the order was not. The plaintiffs appealed. A Magistrate Judge, pursuant to 28 U.S.C. § 636(b(1(A), may hear and determine any pre-trial matter ...
Article • April 15, 2007 • from PLN April, 2007
Filed under: Reviews, Sentencing, Parole
? at reducing recidivism among those who are supervised after release from state prison?. Researchers raised three key questions: (1) whether ?prisoners released with and without supervision differ with respect ...
Article • February 15, 2007 • from PLN February, 2007
Filed under: Searches, Drug Testing
that the DCS drug-testing procedures were unconstitutional, because: (1) they do not allow the prisoner to sign and seal the specimen after collection; (2) the State does not conduct GC/MS tests on samples ...
Article • February 15, 2007 • from PLN February, 2007
Filed under: Voting, Sentencing, Parole
was prohibited from registering to vote by the Secretary on grounds that section 1-2-103(4), C.R.S. (2005) provides that no person "serving a sentence of parole shall be eligible to register to vote or to vote ...
Article • October 15, 2007 • from PLN October, 2007
and Institutionalized Persons Act (RULIPA), 42 U.S.C. § 2000cc-1 et. seq. Following a bench trial, the district court dismissed Fegans? grooming standards claim but ruled in his favor on the religious diet claim ...
Case • 1991
CIRCUIT 932 F.2d 728; 1991 U.S. App. April 29, 1991, Submitted May 6, 1991, Filed PRIOR HISTORY: [**1] Appeal from the United States District Court for the District of Minnesota. Honorable Harry H ...
Case • 2000
Trammell v. Davis - 208 F.3d 218 (8th Cir. 2000) - 2000 [U] Mittendorf v. Braun, 208 F.3d 218 (8th Cir. 03/27/2000) [1] U.S. Court of Appeals, Eighth Circuit [2] No. 99-3979 [3 ...
Case • 2001
Scheele v. Justices of Supreme Court of State of A - 257 F.3d 1082 (9th Cir. 2001) - 2001 Scheehle v. Justices of the Supreme Court of the State of Arizona, 257 F.3d 1082 (9th Cir. 07/26/2001) [1 ...
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