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Page 1568 of 1957. « Previous | 1 2 3 4 ... 1564 1565 1566 1567 1568 1569 1570 1571 1572 ... 1953 1954 1955 1956 1957 | Next »

of a private entity may be deemed to be state acts where: (1) there is a sufficiently close nexus between the state and the challenged action: (2)the state has so coerced or encouraged a private. act ...
Article • January 15, 2002 • from PLN January, 2002
has died at the jail in connection with the restraint board's use. The agreement reached between the parties is effective between February 1, 2000 and January 31, 2002. It requires EPSO to provide ...
Article • January 15, 2002 • from PLN January, 2002
and Arizona proceeded with the executions. In a 14to-1 decision handed down last summer, the World Court sided with Germany saying the U.S. should have granted "review and reconsideration' of the LaGrands ...
that because the ADA was grounded in the Commerce Clause (US Const., Art. 1, §8(3)), the state was not subject to private litigation in federal court, and therefore such a claim could proceed only in state ...
). The latter claims are subject to a three part First Amendment-based test: (1) the prisoner's conduct was constitutionally protected; (2) the action taken would dissuade an ordinary person from continuing ...
Article • November 15, 2002 • from PLN November, 2002
; Wright appealed the judgment. TDCJ offers administrative remedies to prisoners in the from of a two-step grievance procedure. Wright alleged that filing a Step-1 grievance was sufficient to put ...
Article • January 15, 2004 • from PLN January, 2004
in the incident. The other five guards received suspensions without pay ranging from five weeks to 8 1/2 months. Cousins, who is black, said that racism was not an issue. "They were playing with him," he said. g ...
Article • January 15, 2004 • from PLN January, 2004
was the victims' assistance fund, replaced an earlier law which had levied a constitutionally permissible 1% sales surcharge for maintenance and operation of the commissary. Although the court recognized ...
Article • January 15, 2004 • from PLN January, 2004
that at least 19 of Illinois' 102 counties charge a bond fee to detainees who are released on bail or on their own recognizance. The bond fees, authorized by Illinois state law, vary between $1 and $45 ...
federal habeas corpus. The Fifth Circuit also held that the one-year AEDPA limitation period of 28 U.S.C. § 2244(d)(1) applies to habeas corpus petitions challenging the outcome of prison disciplinary ...
as it was presented under the RFRA, 42 U.S.C. § 2000bb-1 which requires the government to show a compelling interest whenever they substantially burden the exercise of religion. The RFRA applies to prisoners' claims ...
Article • September 15, 1998 • from PLN September, 1998
Filed under: Civil Procedure, Damages
in compensatory damages against three defendants; $1 in punitive damages against one defendant and $5,000 each against two defendants, for a total damage award of $13,501. The defendants moved for a new trial ...
the RFRA, 42 U.S.C. § 2000bb-1(b), and found that the rule requiring all prisoners to be clean shaven was a substantial burden on Lewis's religious rights, thus violating the RFRA. The court held that Lewis ...
Article • May 15, 2000 • from PLN May, 2000
, the court stated that under §1983, Murphy must prove (1) that the challenged conduct was committed by a person acting under color of state law, and (2) that the conduct "caused" a deprivation of a person's ...
Article • May 15, 2000 • from PLN May, 2000
applies only where the following two circumstances are simultaneously present: (1) the challenged action is in its duration too short to be fully litigated prior to cessation or expiration, and (2 ...
Article • July 15, 2000 • from PLN July, 2000
. The vast majority of all Czech prisoners have no work and are poorly fed, receiving the equivalent of about $1 worth of food per day. Frequently they must make do with one change of clothing every other week ...
Article • August 15, 2001 • from PLN August, 2001
months noting an "influx" of such mail. Citing prison regulation 3138(f)(1), he deemed it "unauthorized" and ordered the mailroom not to accept any Internet related material. After exhausting ...
Article • June 15, 2001 • from PLN June, 2001
and Correctional Complex, 442 U.S. 1 (1979). The court held that, because a liberty interest is created, "due process requires notice and a meaningful opportunity to be heard. If release is denied, the prisoner ...
Article • July 15, 2001 • from PLN July, 2001
Muldrow was serving a sentence of 5 to 17 years with a beginning date of September 17, 1989. He was paroled July 1, 1998. His parole was revoked on August 24, 1998 and he was ordered to serve to his ...
an administrative regulation, CDC couldn't enforce a statute. But such requested injunctive relief would only be available if the underlying statute were (1) unconstitutional, (2) valid but enforced ...
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