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Article • August 15, 2011
to dismiss the suit for failure to state a claim. Before a state created liberty interest may be recognized under a theory of procedural due process, two prerequisites must be met: (1) the statute ...
Article • November 15, 2011 • from PLN November, 2011
Filed under: Mail, Mail Regulations
No. 1:10-cv-01840-WYD-BNB. A number of jails across the U.S. have instituted postcard-only policies, and various legal challenges are pending. [See: PLN, Nov. 2010, p.22]. The El Paso County jail ...
security unit as a class action. Thirty-two past and present prisoners of the Tamms Correctional Center (Tamms) maximum security unit brought federal suit alleging that: (1) they were assigned to Tamms ...
awarded Martha's parents $1 in nominal damages, which paved the way for them, as the "prevailing party," to move for attorneys' fees and costs pursuant to 42 U.S.C. § 1988. Relying on Mahach-Watkins v ...
Article • May 15, 2012
department position if he deems the change necessary for the efficient operation of the DOC." The SEAC also "highly recommend(ed)" that the DOC follow its recommendations that it: (1) provide additional ...
of the First Amendment and the Religious Freedom Restoration Act of 1993 (RFRA). The district court granted Rowley's motion to dismiss under FRCP 12(b)(1) and 12(c). The Second Circuit noted that it had "never ...
Article • April 15, 2013
. On January 1, 2005, Charles F. Gill attended a New Year's Eve party at a bar near the University of Minnesota campus. Gill and another bar patron fought and were escorted out of the bar. When Gill attempted ...
Article • April 15, 2013
the authority to correct any err in (Bard's) presentencing custody credit." See: Bard v. Commonwealth, 359 S.W.3d 1 (Ky 2011). ...
Mann, 229 F.3d 657, (7th Cir. 2000). The court also found that Rule 15(c)(1) of the Federal Rules of Civil Procedure did not apply as a relation back, because the last filing was not an amendment ...
Article • April 15, 2013
was incorrectly arrested in the sting. When it became clear that Milligan was arrested by mistake, all criminal charges against her were dropped on November 1, 2006. WZTV-Fox 17, a local Tennessee television ...
Article • April 15, 2013
its discretion in finding that there was no 'mistake, inadvertence, surprise, or excusable neglect' that would justify Rule 60(b)(1) relief." See: Meilleur v. Strong, 682 F.3d 56 (2d Cir. 2012). ...
Article • August 31, 2015 • from PLN September, 2015
agreed to pay $12,000 in damages plus $28,000 in fees to Royer’s attorneys, but did not admit liability or fault. See: Royer v. Federal Bureau of Prisons, U.S.D.C. (D. DC), Case No. 1:10-cv-01196-RCL ...
Article • February 1, 2016
with the jury rendering a verdict on March 1, 2013. The jury found for the plaintiffs and awarded each of them $1.00 in nominal damages. The plaintiffs’ attorney, Daniel M. Karalash, moved for $416,605 ...
Article • January 12, 2016
Escape from Jail in Small Washington Town Not, Like, a 'Big Raging' Deal by Joe Watson When Johnny Cagle, 53, escaped from the Wapato jail near Yakima, Washington, on the evening of July 1 ...
Article • January 12, 2016
suit being prosecuted by former Hawaii Attorney General Margery Bronster. The case, Gregg v. State of Hawaii, No. 1:14-cv-00056-JMS-KSC (D. Hawaii), alleges in a 28-page complaint that the former warden ...
Article • November 15, 2011
Two Oregon Cops Terminated for Child Sex Abuse by On April 1, 2011, a 21-year veteran of the Lane County Sheriffs Office in Eugene, Oregon submitted his resignation in lieu of being ...
Article • November 15, 2011
for that theory, “raises the following questions: (1) has there been an affirmative act by Defendants to create or increase the danger that resulted in harm to Plaintiffs, and, if so, (2) does that act shock ...
Article • November 15, 2011
. Andition, a prisoner at Salinas Valley State Prison (SVS) on March 1, 2000. He was a participant in the Enhanced Outpatient Program for mentally ill prisoners. Andition was subject to a routine cell search ...
affected by faulty lab work continues. PLN has previously reported on scandals and shoddy forensics work at crime labs across the nation. [See: PLN, Jan. 2012, p.26; June 2011, p.32; Oct. 2010, p.1; Jan ...
Article • May 15, 2013
, as respondents claimed was the case in Bautista, the court found no effective difference between §1225(b)(2)(A) and §1226(c)(1)(A), which covers any inadmissible alien, with respect to custody. The court ...
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