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Article • August 15, 1999 • from PLN August, 1999
). The BOP's denial of early release eligibility was also reversed in Gavis v. Crabtree, 28 F.Supp.2d 1264 (D.Or. 1998) and Hicks v. Brooks, 28 F.Supp.2d 1268 (D.Colo. 1998). The court held in Gavis that: (1 ...
returned a verdict in Bakers favor finding one guard liable for the cell conditions and five guards liable for the excessive force claim. They awarded Baker $1 in nominal damages for each claim and $100 ...
Article • September 15, 1997 • from PLN September, 1997
your letter of August 5, 1996, indicating that you are re-evaluating alternatives to full exposure training and urge you to proceed. The following are our recommendations: 1) The use of direct exposure ...
affirmed the ruling. The appeals court held it had jurisdiction to hear the state's appeal as an interlocutory appeal under 28 U.S.C. § 1292(a)(1). The court held that § 35-152 was void under the supremacy ...
Article • September 15, 1997 • from PLN September, 1997
S.Ct. 2293 (1993) had overruled Greenholtz v. Inmates of Nebraska Penal and Correctional Complex, 442 U.S. 1, 99 S.Ct. 2100 (1979) and Board of Pardons v. Allen, 482 U.S. 369, 107 S.Ct. 2415 (1987 ...
Article • June 15, 1994 • from PLN June, 1994
of his constitutional rights before asking him why he started the fire. In Mathis v. United States, 391 US 1, 88 S.Ct. 1503 (1968) the supreme court extended Miranda to prisoners. In this case the eleventh ...
Article • February 15, 1997 • from PLN January, 1997
. The court considered only the constitutionality of the immediate termination provision of the PLRA, codified at 18 U.S.C. § 3626(a)(1)(b)(2) and (b)(3). In upholding the constitutionality of this provision ...
a grievance but did not pursue the entire grievance process because the Arizona DOC did not provide a timely response. After Morgan filed suit, the defendants filed a motion under Fed.R.Civ.P. 12(b)(1 ...
Article • October 15, 1995 • from PLN October, 1995
. Ronald Boyd, a Missouri state prisoner, began suffering pain to his jaw on June 1, 1991. He requested to see a dentist. After receiving no response he filed another request on June 16. Boyd was seen ...
Article • September 15, 1997 • from PLN September, 1997
use of ill fitting shoes violated his eighth amendment rights. A jury returned a verdict in his favor, awarding $1 in nominal damages. Muhammad's court appointed lawyer then sought $5,956 in attorney ...
Article • July 15, 1995 • from PLN July, 1995
for an interlocutory appeal it must meet three criteria. "The district court must be `of the opinion that' (1) the order `involves a controlling question of law'; (2) `as to which there is substantial ground ...
, 503 U.S. 1, 112 S.Ct. 995 (1992) the court was unable to determine if the use of force in this case "was applied in a good faith effort to maintain or restore discipline, or maliciously and sadistically ...
Article • March 15, 1999 • from PLN March, 1999
if the new policies are unconstitutional. Readers should note this is an unpublished settlement. See: Catalyst et al. v. Box Elder County, Utah, et al., USDC D UT, Case Number 1-98CV-00130K. PLN ...
Article • March 15, 1999 • from PLN March, 1999
. Ergle attracted national media attention for his hard-nosed policies. In 1993 he removed the jail's televisions, and took snacks and coffee away from prisoners. In 1996 he began charging prisoners $1 ...
Article • March 15, 1999 • from PLN March, 1999
force was necessary to apprehend an escaped prisoner. The trial court relied on Tennessee v. Garner, 471 U.S. 1 (1985), which held that law enforcement personnel could not use deadly force unless ...
Article • October 15, 1994 • from PLN October, 1994
reviewed. Copies of the report are available from: Amnesty International, 1 Easton St. London. WC1X 8DJ. England. ...
Article • February 15, 1992 • from PLN February, 1992
, clothe and house or take care of their families, but their marriage to their job as guards or service to the state is a part of their oath and commitment to remain loyal tools of it: 1) to guard it; and 2 ...
Article • September 15, 1994 • from PLN September, 1994
VA "Men Only" Boot Camp Illegal by In 1990 the Virginia legislature created a Boot Camp Incarceration Program (BCIP) which became effective on January 1, 1991. Those entering the BCIP ...
Article • August 15, 1997 • from PLN August, 1997
and not by the legislature was immaterial and did not resolve the ex post facto violation. "Given that the amendment (1) applies to a class of inmates who committed their offenses before the amendment's effective date and (2 ...
the constitution and the lack of qualifying physical injury was barred by section 1997e(e). The court of appeals affirmed. In Hudson v. McMillian, 503 U.S. 1, 112 S.Ct. 995 (1992) the supreme court set forth ...
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