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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 ...
were consolidated. The Washington Supreme Court affirmed in part, reversed in part and remanded, holding: 1) Parole board members were entitled to absolute immunity as "parole decisions are essentially ...
." Furthermore, the court held that when considering the alternative of indefinite stays and dismissals for failure to prosecute, the court must consider the following factors: (1) whether the prisoner's presence ...
of Appeals reversed and remanded as to Bonner's RA claim holding that in order to prove a section 504 violation he must establish four elements: 1) that he was a handicapped person under the RA; 2) "that he ...
the mail may violate the prisoner's First Amendment rights. This action was filed by a prisoner at New York's Clinton State Prison alleging his constitutional rights were violated by (1) prison officials ...
raised by Parmelee because it involved "a matter of continuing and substantial public interest." The Court then denied the petition, holding: 1) When analyzed in accordance with the test delineated ...
Article • May 15, 2007
: Collier v. City of Tacoma, 121 Wn.2d 737, 854 P. 2d 1 046 (1993). ...
Article • May 15, 2007
. The Superior Court, Appellate Division, 331 N.J.Super. 577, 752 A.2d 761, reversed and remanded; cross-appeals were taken. The Supreme Court affirmed in part and modified in part, holding: 1) The Parole Board's ...
their administrative remedies as required by the PLRA. The district court denied the motions, holding: 1) Class certification of "All persons with serious mental health needs who are now, or in the future ...
Article • May 15, 2007
: 1) The DOC's one day delay in responding to Bacon's request (over the general five business day rule for providing a response) in order to clarify "his request and to accommodate the Correctional ...
because of a prior court decision involving the Colorado State Penitentiary. On plaintiff's motion for attorney fees, the district court held: 1) Under § 1988, the prevailing party in a civil rights suit ...
Article • May 15, 2007
furniture, tractors, and a motorcycle, among other items, to his county Drug Task Force office. Following trial, a jury awarded Brilla $1 in nominal damages and $100,000 in punitive damages. Pettit moved ...
Article • May 15, 2007
him. The jury, however, awarded only nominal damages of $1 each against Chase and Spath for only one of the excessive force incidents. Rivera moved for a new trial. He argued that Horton proximately ...
Article • May 15, 2007
and subsequently dismissed the action. The Ninth Circuit held: 1) The court abused its discretion in denying plaintiff's motion for an extension of time as plaintiff's "inability to comply with a procedural order ...
Article • May 15, 2007
for leave to file a fourth amended complaint. The district court considered four factors in deciding the motion for leave to amend: (1) undue delay; (2) bad faith; (3) futility of the amendment; and (4 ...
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