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Article • March 31, 2016 • from PLN April, 2016
to the Seventh Circuit, citing 28 U.S.C. § 1346(b)(1) and 28 U.S.C. § 2674, “prisoners can sue under the FTCA to recover damages from the United States Government for personal injuries sustained ...
Article • October 15, 2011 • from PLN October, 2011
officials refused to deliver several PLN publications, including Prison Legal News and other informational brochures, citing “not allowed,” “only 1-page letters allowed” or “not from an approved publisher ...
Article • September 15, 2011
. In reference to this case, the following three provisions applied: 1) The county stands liable only for that cost of medical care which is for conditions that do not pre-exist a prisoner’s arrest and arise from ...
intent. Under the amendment, “mere advance in age… does not merit a new trial proceeding.” Retroactive application applies only where (1) the legislative intended to apply the amendment retroactively; (2 ...
Article • September 15, 2011
proceeding is another case altogether, which does not end with the order at issue. Moreover, a final order under § 2253(a) is subject to § 2253(c)(1)(A), which requires a certification of appealability ...
Article • March 15, 2013 • from PLN March, 2013
: Larson v. State of Alaska DOC, 284 P.3d 1 (Alaska 2012). ...
for society at large, (and) not just the City’s litigation strategies,” the judgment and finding would stand unaltered. See: Obrycka v. City of Chicago, U.S.D.C. (N.D. IL), Case No. 1:07-cv-02372; 2012 WL ...
the injury. The county has a right of reimbursement from its former employee, but the Sheriff indicated that this action was highly unlikely. See: Behler v. Grivois, U.S.D.C. (D. Col.), Case No. 1:09-cv-02282 ...
Article • March 15, 2013
Conflict of Interest Alleged in Termination of Probation Services Contract by Georgia’s Dekalb County has a $1 million contract with Judicial Correctional Services (JCS) to operate ...
Article • February 15, 2014 • from PLN February, 2014
immunity from liability as established by the Court of Claims Act. R.C. 2743.02(A)(1).” Following Reynolds, the Court of Appeals noted that discretionary immunity is available under Ohio law only upon ...
Article • February 15, 2014 • from PLN February, 2014
million people were under correctional supervision in the U.S. in 2012, including prison, jail, probation and parole – a decrease of 51,000 from the previous year. This means that about 1 in 35 adults were ...
Article • January 15, 2014 • from PLN January, 2014
where: (1) favorable judgment would necessarily call into question the validity of the underlying conviction or sentence and (2) the plaintiff could have pursued collateral relief but failed to do so ...
to a factual finding made by a Michigan prison hearing officer. The court reasoned (1) that Michigan major misconduct hearings constitute “judicial proceedings”; (2) that Michigan prison hearing ...
Article • June 3, 2015 • from PLN June, 2015
Filed under: Strip Searches
to 1) spray them with delousing solution instead of allowing them to self-apply it, and 2) conduct strip searches and delousing in groups of detainees (or with one detainee spraying another), stated ...
Article • November 16, 2015
the City arrest citations, police incident reports, worksheets, etc., involving stalking, harassment, or terroristic threats from January 1, 2009 through August 31, 2009. In response, the Hopkinsville City ...
Article • November 3, 2015
that person with an offense.” ORS 133.005(1). An “offense” is a crime or a violation. ORS 161.505. In 2009, Curtis Dwayne McClure was stopped by two Portland police officers who asked for his ...
Article • November 3, 2015
in the probation sentence. After a hearing on December 1, 2009, a Stoddard County judge granted the motion and ordered Gibson released. Gibson was released the next day after a Louisiana detainer hold was removed ...
Article • November 6, 2015
thirty days from the date of the order to pay the filing fee up front. See: Pinson v. Samuels, 761 F.3d 1 (D.C. Cir. 2014). ...
Article • November 6, 2015
, because he was incarcerated, had no right to petition for expungement of his records. The court cited five factors upon which it based its ruling: (1) prison inmates and free persons are not similarly ...
. In 2005, the Second Circuit vacated and remanded the matter for a determination of whether (1) Hernandez had “available” remedies; (2) the defendants should be estopped from asserting exhaustion ...
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