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Article • May 15, 2007
. They asserted, 1) that hearings are not required in connection with prisoner transfers whether or not they are in response to "misbehavior or may be labeled as disciplinary or punitive," 2) The Due Process Clause ...
Article • May 15, 2007
, §1 gave judges no discretion to deny a writ of replevin. State law provided that any individual could obtain a court order for seizure of property possessed by another by posting a bond and swearing ...
Article • May 15, 2007
. The surgery was performed in July 1996. A reasonable jury could find that the plaintiff had a serious medical condition because (at 103) (1) the colostomy prevented him from eliminating waste in a normal ...
Article • May 15, 2007
) must demonstrate either (1) that the certification order will effectively terminate the litigation and there has been a substantial showing that the district court's decision is questionable, or (2 ...
the letter from the Agent, the court determined it should grant a new trial based upon new evidence, because it was related to the public authority defense under FRCP rule 12.3(a)(1). The government appealed ...
of Texas at Waco reformed the award holding: 1) Under the TTCA, governmental immunity is waived on claims arising out of the "negligence of an employee acting within his scope of employment." However ...
Article • May 15, 2007
that he alleges occurred on June 1 through June 8, 1998." The court does not discuss burden of proof and pleading. A second claim was not exhausted either. The plaintiff filed a grievance about two ...
Article • May 15, 2007
bore the burden of showing that 1) LaPlante is a licensed psychotherapist, 2) his communications to LaPlante were confidential, and 3) the communications were made during the course of diagnosis ...
Article • May 15, 2007
to submit a sample. The government appealed. The Second Circuit held the appeal raised two issues: (1) was the government authorized to appeal a district court's ruling dismissing a petition for a probation ...
Article • June 15, 2007 • from PLN June, 2007
at facilities other than where they were trained. The Grand Jury provided the Sheriff with five recommendations: 1) Scrupulously follow regulation 15 CCR, art. 1.5, § 3268.1(a), which requires documenting use ...
, Judge Thomas McAvoy of the U.S. District Court for the Northern District of New York set Johnson?s parole conditions. They were: (1) to participate in polygraph exams, (2) to avoid all contact ...
times he complied. Boxer received two disciplinary reports on August 1, 2003 for failure to follow instructions and exposure/exhibition, following an instance of refusing to perform for Harris. On August ...
Article • October 15, 2006 • from PLN October, 2006
the abuse. With $1 million in grant money provided under the Prison Rape Elimination Act, the State plans to provide training for guards and prisoners, including instruction on the proper collection ...
Article • October 15, 2006 • from PLN October, 2006
for prisoners calling their families. The newly acquired service took effect on February 1, 2005, and promised as much as a two-thirds savings over current rates. The result was not even close. Under ...
Article • October 15, 2006 • from PLN October, 2006
not reported back to the Auditor as of early 2006. See: California State Auditor Report No. 12006-1. ...
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 ...
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