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Article • September 15, 2006 • from PLN September, 2006
to $56,254. A state appellate court has ordered a lower court to answer three questions: 1) was Mitchell indigent and unable to pay?; 2) were other methods of payment for medical treatment available ...
the court's conscience. See: Bunch v. King County Dept. of Youth Services, 119 Wash.App. 1034 (Wa.App.Div. 1 2003). It allowed Bunch the option of choosing a new trial on damages alone. The Supreme Court ...
response that it had a clear duty to perform these duties, or give reasons for failing to do so as required by Rule 33-601.307 (1)(g). The Court held Florida Law requires that facts which ...
must receive: (1)advance written notice at least twenty-four hours before the hearing, (2) a written statement of the fact finders as to evidence relied on and reasons for the action taken, and (3 ...
Article • May 15, 2007
the definition of "state prison" to include prisons other than the one at Deer Lodge -- to Wright was not unconstitutionally ex post facto because: 1) The U.S. Supreme Court has held that "given a valid ...
procedure, Wis. Admin. Code DOC §310.09(3), §310.13(1). White had fourteen days from the time of the incidents to file a grievance and ten days from receiving an answer to the grievance to file an appeal ...
and for proceedings in aid of execution of the judgment entered against the state. The defendant filed pleadings opposing both motions. The U.S. district court held that 1) the state waived its immunity under ...
plaintiff. Plaintiff claimed that jail employees were negligent in their operation of the jail and in their duty to protect him. Plaintiff specifically claimed that: 1) too few guards were stationed ...
Article • May 15, 2007
was not enacted until 1892. The Seventh Circuit then held that a prisoner has other alternatives to seeking in forma pauperis status: (1) pay the filing fee using assets on hand; (2) save up in advance to pay ...
Article • May 15, 2007
8, 2004, the Court of Appeals of Georgia, in reviewing the case de novo, affirmed, holding as follows: 1) Because the Association was a state agency as defined by OCGA § 50-21-22 (5), Gay's failure ...
Article • May 15, 2007
and copy the lists and to attend all further hearings in the case. The court denied both applications, and The Advertiser Company appealed. The Eleventh Circuit reversed holding: 1) "[C]ivil trials which ...
was closed on July 1, 2002, the plaintiffs' declatory and injunctive relief claims were dismissed as moot. The matter now proceeds for trial to determine monetary awards. See: Masonoff v. Dubois, 336 F.Supp ...
Article • May 15, 2007
of a third person. G.L.c. 258, § 10(j)." The Superior Court of Massachusetts at Worcester denied the motion holding: 1) Pursuant to G.L.c., 258 § 10(i), "liability under G.L.c. 258 may not be based on a claim ...
Article • May 15, 2007
. Finally, the plaintiff must show a causal connection between the official's conduct and the unjustified detention. Id. at n.1: The Fifth Circuit has addressed this problem under the Fourteenth Amendment ...
Article • May 15, 2007
of illegitimate motive. At 935 n.1: "Regardless of a plaintiff's insistence that a defendant failed to follow state law, the mere fact that state rules or statutes are violated does not in and of itself amount ...
Article • May 15, 2007
him a break because he is pro se but overrules it on the merits. Here, the claim is that the defendants failed to mail privileged letters. The elements of such a claim are (at 79): (1) the relevant ...
Article • May 15, 2007
longer than the person's remaining hair). After he prevailed, prison officials appealed. The officials argued that Ohio's absolute ban on long hair: (1) promotes security by preventing prisoners from ...
Article • May 15, 2007 • from PLN May, 2007
Filed under: Mental Health, Suicides
an unnerving 53 suicide attempts in a three-year period. [See PLN, February 2005, p. 1.] The settlement ?closes a tragic chapter at the jail,? said Terry P. Abeyta, an attorney for the family. ?The recognition ...
1, 2005, settlement was the largest to date in a series of similar lawsuits against the county. The victim, Joshua Sester, who had just turned 18 and weighed 125 pounds, was arrested in Pendleton ...
Article • May 15, 2007 • from PLN May, 2007
App. 1 Dist., 2006), petition for review denied. ...
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