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Article • May 15, 2007
of the AEDPA." Stillman appealed. Stillman argued two points: (1) that he was entitled to the mail box rule; and (2) that he was entitled to equitable tolling. Because Stillman was being represented ...
Article • May 15, 2007
of the Fifth Amendment. The First Circuit affirmed the district court's opinion. See: Ainsworth v. Stanley, 317 F.3d 1 (1st Cir. 2002). ...
Article • May 15, 2007
in the area and he would have undergone the same treatment. The court concluded that the State's negligence resulted in: 1) a reduced chance of survival; 2) more extensive surgery; and 3) a prolonged period ...
Article • May 15, 2007
Court for the Northern District of Florida denied. Defendants appealed. The Eleventh Circuit reversed and remanded, holding: 1) "In Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727. 73 L.Ed.2d 396 ...
Article • May 15, 2007
of a policy or custom were asserted, and remanded for the jury's judgment to be reinstated. See: Cannon v. Macon County, 1 F.3d 1558 and 15 F.3d 1022 (11th Cir. 1993). ...
function exception to the FTCA." Ms. Montez appealed. The U.S. Sixth Circuit affirmed, holding: 1) Under the doctrine of sovereign immunity the government cannot be sued without its consent. The United ...
the injunction and dismissed Sampson's claim for money damages against the Secretary and the Warden, holding: 1) Although a state has a responsibility to protect its prisoners, it "is not constitutionally ...
to the consideration of whether to award punitive damages, should have been given with regard to all" of the defendants. Reviewing the jury instructions for plain error only, the Tenth Circuit held: 1) Absent ...
Article • May 15, 2007
that his case "would be dismissed for failure to prosecute if he failed either to file a motion to set the matter for trial within thirty days or seek permission to be exempted from the one (1) year rule ...
, holding: 1) "[O]nly the deprivation of essential hygienic products rises to the level of a constitutional deprivation." In Stolte's case, the prison provided him with a monthly indigent package ...
Article • May 15, 2007
because she couldn't show she was likely to have another such excessive force claim. Nonetheless, the Ninth Circuit found that Bernhardt might have been entitled to nominal damages ($1) on the basis ...
Article • May 15, 2007
for the Sixth Circuit Affirmed in part, reversed in part, and remanded, holding: 1) Genuine issues of material fact existed as to (a) whether Alkire's "Fourth Amendment right not to be held on a warrantless ...
Article • May 15, 2007
affirmed holding: 1) Watkins adequately established the standard of care for medical personnel treating back pain. At trial Watkins' medical expert, Dr. Lilly, testified that under similar circumstances ...
Circuit affirmed, holding: 1) The prison's argument that the mail policies served to facilitate cell searches and prevent fires had no merit as (a) there was no fire threat since prisoners were not allowed ...
Article • May 15, 2007
calls were unjustly limited to one call per week." The district court dismissed in part, and denied in part, Sinde's habeas petition, holding: 1) Habeas corpus is the "proper mechanism for a prisoner ...
officials were not entitled to qualified immunity on Ryan's remaining § 1983 claims. Subsequently, on county and jail defendants' motion for summary judgment, the district court held: 1) Neither the warden ...
not be applied retroactively to him. The district court granted in part and denied in part defendants' motion, holding: 1) As to his first claim, LaBounty had failed to exhaust his administrative remedies ...
Article • May 15, 2007
'"), or alternatively, that the policy was unconstitutional on its face. The district court denied plaintiffs' motion, holding: 1) The City's claims were not collaterally estopped as "the court's decision to allow Huck ...
) which denied Young's habeas petition. Young appealed. The Ninth Circuit affirmed the denial holding: 1) Young was barred from re-litigating the issue of whether the CPA was civil or criminal in nature ...
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