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are allowed under the collateral order doctrine only if the order (1) conclusively determines the disputed question, (2) resolves an important issue completely separate from the merits of the action, and (3 ...
and several individual defendants in both their individual and official capacities. After dismissing a Professional Malpractice claim, Ramey pursued (1) a 42 USC § 1983 federal claim, (2) a Georgia law claim ...
until November 1, 1997, to mail the forbidden items home. BOP created an exception for electric guitars and electronic musical equipment owned by the Religious Services Department and used exclusively ...
Article • August 15, 2003 • from PLN August, 2003
over a 4 1/2-year period. See: Burgess v. Lowery, USDC CD IL, Case No. 97-1244. Sources: The Pantograph, private correspondence with Janine L. Hoft ...
Article • September 15, 2003 • from PLN September, 2003
other than execution 17 from "natural causes" and two (1 each in Nebraska and Virginia) of suicide. Furthermore, in 26 states and the Federal system, 90 persons were removed from death row 81 by a court ...
. Attorney Jason G. Whitworth of Covington, Tennessee, represented Taylor. See: Wesley Taylor v. Corrections Corp. of America, USDC MD TN No. 1-00-89 (2002). ...
Article • August 15, 2004 • from PLN August, 2004
or part of a claim." The State's logic is that by complying with Fed.R.Civ.P. 10(a)(1)(c), which requires an appellant to append to his brief the decision of a district court or administrative agency ...
scandal. See: PLN, August 2003. After a trial, the jury only awarded nominal damages of $1, but felt the guard deserved punishment by awarding $30,000 punitive damages. Thipedeau moved to set aside ...
claim must allege: (1) the speech or conduct was protected, (2) defendants took adverse action against plaintiff, and (3) there was a causal connection between the protected conduct and the adverse ...
, 1999, and his published opinion in Turay v. Seling, 108 F.Supp.2d 1148 (W.D. Wash. 2000), also upholding the 1994 injunction. Judge Dwyer specifically enjoined SCC (1) from monitoring residents ...
Article • July 15, 2004 • from PLN July, 2004
were public." See: Weeks v. Golden, 764 So.2d 633 (Fla. 1st DCA 2000). Weeks then sought the reasonable costs of enforcing his public records request pursuant to § 119.12(1) Florida Statutes ...
Article • June 15, 2004 • from PLN June, 2004
, 241 F.Supp.2d 1 (D.D.C. 2002). g ...
Article • June 15, 2006 • from PLN June, 2006
continuances, the court granted Jones-Beys motion to initiate a garnishment hearing against Homer on July 1, 2004. Homer then moved, pursuant to Fed.R.Civ.P. 60(b) to set aside the default judgment against her ...
Case • 2004
: Wesley W. Horton, Esq., Horton, Shields & Knox, PC, Hartford, Ct. JUDGES: [**1] Chief Judge Walker, joined by Circuit Judges Jacobs, Cabranes, Raggi, and Wesley dissent from the denial of rehearing ...
Article • October 15, 2007 • from PLN October, 2007
Filed under: Searches, Drug Testing, Parole
won?t be cheap. In 2006 the state parole board spent over $1 million to conduct urinalysis testing on more than 315,000 parolees. Source: Austin American-Statesman ...
Article • December 15, 2007 • from PLN December, 2007
system was taken over by a federal receiver. (See: PLN, Mar. 2006, p.1.) When asked about healthcare complaints regarding the alternative mother-child centers, Receiver spokesperson Rachel Kagan doubted ...
-on-prisoner assaults in the CCA prison were four times higher than the state average. NOCC reported 44 attacks during the 1-year period compared to 305 prisoner assaults for all 32 Ohio prisons, or about 10 per ...
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
habeas petition and ordered that he be released rather than have his case resubmitted to the Governor, citing In re Scott 133 Cal.App.4th 573, 34 Cal.Rptr.3d 905 (Cal.App. 1 Dist. 2005). Lee was in fact ...
itself was cause to grant the motion under Local Rule 7.1(C)(1). While the Court found the defendants were entitled to summary judgment on the long term physical and medical damages claims, it found ...
Article • January 15, 2008
that there was a mistaken identity on the warrant. In fact, they never corrected the court when it referred to Emiliano as Enrique. The court ordered Emiliano held under $5,000 bond until a hearing on July 1, 1999. Before ...
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