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Article • May 15, 2007
. Amend. 14 and the Wash. Const., Art. 1, Sec. 12. On that basis, Div. 3 granted Salinas' PRP and ordered the WDOC to award him good time on the time he served in South Dakota. See: In re Personal Restraint ...
Article • May 15, 2007
) to grant additional days of gain-time as a matter of grace of forfeit the right to gain-time earned prior to the Act. The Act became effective for all offenses committed on or after July 1, 1978. See ...
the KCPB is a state-created agency, it is not an arm of the state because: (1) it is funded by the City of Kansas City, Missouri, and not the State of Missouri; and (2) its actions are primarily local ...
Georgia Sheriff Sues Over Using Prisoner Labor by A Georgia federal district court has found that the defendants in a 42 U.S.C. § 1983 action alleging claims of (1) bad faith prosecution ...
Article • May 15, 2007
child abuse in violation of N.M. Stat. Ann. §30-6-1(C). He was sentenced to nineteen years in prison. At the time of Lopez's conviction, New Mexico courts interpreted the child abuse statute under ...
Article • May 15, 2007
, 586 F.Supp. 589. The court of appeals for the Eighth circuit affirmed, 777 F.2d 1307. The U.S. Supreme Court, however, affirmed in part, reversed in part, and remanded. They held that: 1) The lower ...
Article • May 15, 2007
), the Seventh Circuit affirmed, holding: 1) The jail has a legitimate interest in protecting prisoners and staff from lice as well as a fiscal interest in avoiding the costs associated with eradicating lice ...
Article • May 15, 2007
County Jail in Kansas City. The consent judgment requires jail authorities to: (1) fumigate the jail weekly for insects and rodents; (2) make cleaning supplies available to allow daily cleaning of cell ...
Article • May 15, 2007
Procedure 32(c)(1) when a PSR is challenged. He also continued to maintain that his acts were extortion, not robbery. The appeals court held that the district court's findings were sufficient to use ...
of the defendants. The Court reversed and remanded the summary judgment in favor of Nevada State Prison Superintendent Boyd Marsing and Captain E. Watson holding: 1) "An incarcerated defendant may not meaningfully ...
for the filing delay. The district court dismissed Smith's complaint for failure to state a claim. Smith appealed. Without ruling on the merits, the Eighth Circuit reversed and remanded, holding: 1) Prisoners ...
violated as a consequence of their 'policy or custom'...." The district court denied defendants' motion for dismissal, holding: 1) A contractor providing medical services to a jail is "functionally ...
holding: 1) Fountain had standing to challenge the policy under 42 U.S.C. § 12112(d)(4)(A). The DOCS asserted that since Fountain had "already revealed her disability and requested accommodation ...
Article • May 15, 2007
Filed under: Civil Procedure, Service
appealed the dismissal of their claims against Mapes and the New Mexico Board of Pharmacy. The Tenth Circuit reversed and remanded holding: 1) "When a plaintiff is granted in forma pauperis status ...
the district courts summary judgment of Sahagian's claim for damages, holding: 1) Nominal damages were appropriate since Sahagian had established that his right of access to the courts was violated while he ...
Article • May 15, 2007
, holding: 1) The Turner standard (that a prison regulation is valid only if it is reasonably related to legitimate penological interest) does not apply to attorneys since "they ordinarily do not implicate ...
and remanded, holding: 1) Prosecutors are entitled to absolute immunity when acting within the scope of their authority and in a quasi-judicial capacity. "Quasi-judicial activities are those which ...
attorneys fees and expenses pursuant to 42 U.S.C. § 12205." In reaching the above decision the district court held: 1) An employer's inquiry into an employee's disability falls within the ADA's job-related ...
Article • May 15, 2007
appealed. The Eighth Circuit affirmed, holding: 1) The prison's policy of providing indigent prisoners with one free mailing per week and allowing them to maintain a negative balance on their prisoner ...
Article • May 15, 2007
that his arrest violated his constitutional rights. The district court granted summary judgment to all defendants in December 1999. Specifically, the court held that (1) Morris' claims accrued on the date ...
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