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is a jurisdictional prerequisite to § 1983 actions." The appellate court, like the trial court, decided it was, holding: 1) An apparent conflict exists on the jurisdictional issue between the Nebraska Supreme Court ...
Article • December 15, 2008 • from PLN December, 2008
; and $150,000 for future pain and suffering. The judge reduced the total award to $193,333 by assigning 1/3 of the liability to Sullivan because he believed Sullivan had been hurrying along the walkway, trying ...
Article • December 15, 2008 • from PLN December, 2008
animal products, including eggs and dairy products), served in the dining hall.” See: Yeboah-Sefah v. Clarke, U.S.D.C. (D. Mass.), Case No. 1:02-cv-10494. ...
Article • December 15, 2008 • from PLN December, 2008
-Bock ruling in Aquilar-Avellaveda v. Terrell, 478 F.3d 1223 (10th Cir. 2007), a district court retains the authority to raise the exhaustion requirement sua sponte. Thus, under 42 U.S.C. § 1997e(c)(1 ...
judgment motions and two published opinions by the district court finding that (1) Sample’s beliefs were sincere; (2) the BOP’s refusal to provide the wine substantially burdened Sample’s beliefs; and (3 ...
Article • February 15, 2009 • from PLN February, 2009
. Skagit County, 144 Wash.App. 114, 182 P.3d 443 (Wash.App. Div. 1, 2008). ...
Article • January 15, 2009
. [See: PLN, Dec. 2005, p.1; July 2007, pp. 8 and 10; Nov. 2008, p.10]. ...
Article • April 15, 2009 • from PLN April, 2009
that causes itching and rash-like symptoms, has hit the Illinois River Correctional Center. Guards protested outside the facility on October 1, 2008 to decry prison officials’ refusal to address ...
was remanded for trial to determine damages. See: Kenneth H. v. State of New York, 36 A.D.3d 511, 828 N.Y.S.2d 355 (N.Y.A.D. 1 Dept., 2007). On remand, following emotional testimony by Kenneth regarding ...
.1]. Considering that the number of sex offenders living beneath the causeway has more than doubled in the past two years, one wonders what it will take to get state legislators and city leaders ...
Article • June 15, 2009 • from PLN June, 2009
$155,000 to settle a lawsuit brought by a female prisoner who was sexually assaulted by two guards. While imprisoned at the Jail between August 25, 2004 and April 1, 2005, prisoner Jennifer Christina ...
: Meza v. Livingston, USDC, W.D. Tex., No. 1:2005-cv-01008-LY (March 24, 2009). ...
. On December 1, 2006, the district court dismissed Kinslow’s claims against 3 NMDOC employees for lack of personal jurisdiction. Kinslow then appealed, claiming the NMDOC employees established personal ...
Article • September 15, 2009
of the guards he was lampooning. This resulted in that guard confiscating the material and writing a misconduct report for the aforementioned rule violation. At a disciplinary hearing on January 1, 2005, Harper ...
Article • September 15, 2009
46.46.090(1), does not provide a cause of action where the employer has actually paid all wages due an employee. It is only where an employer fails to pay the employee that liability arises ...
Article • September 15, 2009
of Puerto Rico with directions to calculate appropriate attorney's fees and costs, which that court had previously denied. Nazario's initial §1 983 claim sought a total of $800,000 in compensatory ...
report, which was later vacated, was written against Leger. In settling the matter on July 1, 2009, Leger dropped his retaliation claim. The settlement provides that Leger will be given the opportunity ...
Brief • August 11, 2009
. v. Wilkes County Board of Education et a1. , 09cvs8 (Wilkes County, NC) on the following tenns: 1. Wilkes County Board of Education will modify its practice regarding on-campus recruiters to allow ...
Brief
stay proceedings in this case pending a final judgment in plaintiff’s underlying criminal trial case, stating as follows: 1. This is a recently-filed civil rights case involving federal and state law ...
Brief • June 20, 2001
additional pages, if necessary.) On June 19, 1998, Bruce Barham was discharged from hIS employrrent as correction3 )ffieer. He was discharged because of a disabilitv or nerceived digahi 1 i tv.~_ Pi "'rce ...
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