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Article • May 15, 2007
dismissed the complaint with prejudice under 42 U.S.C. § 1915A holding that (1) Pratts' claims against officials in their official capacity was barred by the Eleventh Amendment; (2) he failed to allege ...
, moved to dismiss, "or at least to dismiss the official capacity claims against them." The district court denied in part and granted in part the doctors' motion for dismissal, holding: 1) Bond stated ...
, a prisoner must establish that "(1) the condition complained of is 'sufficiently serious' to implicate constitutional protection, and (2) prison officials acted with deliberate indifference." In the instant ...
actual notice of a claim only if it meets the notice requirement of § 101.101 by giving the entity knowledge of: (1) a death, injury, or property damage, (2) the governmental unit's alleged fault ...
Article • May 15, 2007
court attached the judgment pursuant to the Missouri Incarceration Reimbursement Act (MIRA), Mo. Rev. Stat. §§ 217.827(1)(b) and 217.833 (2000), which allows the state to confiscate up to 90 ...
Article • May 15, 2007
was affirmed on April 15, 2002. On May 1, 2002, Tulio filed a pro se petiton for review of the April 15, 2002, decision seeking "cessation of deductions from his account and reimbursement of money already paid ...
Article • May 15, 2007
ultimately settled for $15,000. It was the lawsuit's only success. Weiss subsequently moved for attorney fees and costs (which by this time amounted to nearly $1 million) pursuant to 42 U.S.C. §1988. Weiss ...
Article • December 15, 2003
shape that forensic accountants had to reconstruct the agency's files before auditors could do their job. To complete the review, it took 46 employees 16,000 hours and cost over $1 million. In my 30 ...
Article • October 15, 2005
23(1)(B) (where multiple suits would create a risk of adjudications which would be dispositive of the interests of other members or would substantially impair or impede their ability to protect ...
the facilities of the department of correction." The defendants appealed. The Connecticut Supreme Court reversed, holding: 1) "A 'facility' subject to the provisions of the patients' bill of rights is defined ...
in the observation cell was turned off. Clark was banging on the door, barking, yelling and unresponsive. No attempt was made to determine if he was receiving psychiatric care. On July 1, 2002, Clark was still ...
). Sometime thereafter the parties reached an agreement, and on February 1, 2005, the district court approved a remedial plan that included ?numerous new jail policies.? The court also appointed a compliance ...
Article • February 15, 2007 • from PLN February, 2007
of limitations. On appeal, the Court held that § 2241(d)(1)(D) applied, which sets the limitation period to run from ?the date on which the factual predicate of the claim or claims presented could have been ...
Article • September 15, 2007 • from PLN September, 2007
from a previous unsuccessful 42 U.S.C. § 1983 lawsuit against the prison. Skinner complained in this case that (1) the language of the PLRA trumped Federal Rules of Appellate Procedure (FRAP) 39, so ...
Article • October 15, 2007 • from PLN October, 2007
fracture,? a ?1 centimeter laceration,? and a ?subungal hematoma.? After spending 14 days in Sullivan?s infirmary, a doctor from Margaretville Memorial Hospital concluded Machare ?split the bone at the end ...
itself.? PLN reported that history, which had identical allegations as in Bynum v. District of Columbia, 257 F.Supp.2d 1 (D.DC. 2002). See: PLN, October, 2006. The Bynum litigation was resolved ...
Article • September 15, 2007 • from PLN September, 2007
in Illinois circuit court claiming the Board had violated the FOIA, 5 ILCS 140/1 et. seq., by refusing to provide all of the requested documents and by charging excessive fees. The 9th Judicial Circuit Court ...
annual contract to operate the facility. [See: PLN, July 2006, p.1]. Despite that promise another prisoner escaped from HCJ on February 26, 2007. Kenneth Ferris, who absconded from the jail, was later ...
Case • 2002
. Dist. (M.D. Fla. Mar. 15, 2002) DISPOSITION: [**1] Plaintiff's objections overruled. Motions for summary judgment severally granted. COUNSEL: RICHARD E. WILSON, plaintiff, Pro se, St. Petersburg ...
Case • 1998
/1998) [1] Florida Court of Appeals [2] CASE NO. 97-05034 [3] 718 So.2d 204, 1998.FL [4] July 22, 1998 [5] PRISON HEALTH SERVICES, INC., A DELAWARE CORPORATION ...
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