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Article • May 15, 2004 • from PLN May, 2004
because (1) the settlement agreement changed the relationship between the parties and (2) the court retained jurisdiction in its dismissal order to enforce the agreement. The Court found the award ...
and he'll forget about those two years they took from him." See: Heard v. Government of the District of Columbia, USDC D DC, Case No. 1:02-CV-00296. ...
Article • March 15, 2006 • from PLN March, 2006
in federal prison. On August 1, 2005, he pleaded guilty to income tax evasion charges and received a sentence of eight months in federal prison and a $80,000 fine. Additionally, Serra must serve two months ...
Article • March 15, 2006 • from PLN March, 2006
Jersey, 55; Virginia, 52; Missouri, 26; Kansas, 14; Ohio, 13; Michigan, 7; Maine, 5; Georgia and Montana, 3 each; Alabama 2; North Dakota, 1. The numbers surveyed varied among the states, from six months ...
Article • March 15, 2006 • from PLN March, 2006
process." (28 U.S.C. § 2254(b)(1)(B)(i).) The court then agreed with the U.S. District Court below (E.D. Mich.) that because prisoners are not a suspect class, the rational basis test would control ...
Article • March 15, 2006 • from PLN March, 2006
injury requirement because his failure to receive the summary judgment motion and order resulted in (1) admission of the defendants version of the facts; (2) inability to argue the legal issues, and (3 ...
Article • March 15, 2006 • from PLN March, 2006
of delegated legislative authority if ... the agency has exceeded its grant of rule-making authority, citation to which is required by S. 120.54(3)(a)1," Florida Statutes or the rule enlarges, modifies ...
Article • May 15, 1992 • from PLN May, 1992
the disproportionate incarceration rate of men and women of racial and ethnic cultures in Wa. state prisons and local jails. Major findings of the study are: (1) Wa. state imprisons a greater share of its minority ...
of Macwhinney v. Henderson, 542 F.2d 1 (2nd Cir. 1976) which he cited for other purposes elsewhere in the motion. The motion also cited cases which had effectively been overruled by later decisions and provided ...
Article • September 15, 2000 • from PLN September, 2000
appealed his conviction claiming that (among other issues raised) the evidence presented at his trial "failed to demonstrate that: (1) his alleged actions constituted 'punishment' prohibited by the Eighth ...
Washington Earned Early Release Credits Create Due Process Liberty Interests by Mark Cook The Washington State Court of Appeals, Division One, has held that: (1) a prisoner's right ...
Article • November 15, 2001 • from PLN November, 2001
he was considering a new trial, sua sponte ,pursuant to Fed.R.Civ.P. 59(d). That rule allows the grant of a new trial if: (1) the jury has reached a seriously erroneous result; (2) the verdict ...
was granted after the petitions were consolidated. The Supreme Court found no due process violation, holding that the CPA does not create a protected liberty interest because (1) it does not curtail ...
Article • September 15, 2001 • from PLN September, 2001
that Defendants had to show that "(1) the facts, viewed in the light most favorable to the plaintiff, do not make out a constitutional violation; or (2) the asserted rights were not `clearly established ...
Act, eligible protection and advocacy systems receive certain allotments if they (1) protect and advocate the rights of persons with mental illness, and (2) investigate claims of abuse and neglect ...
Article • September 15, 2001 • from PLN September, 2001
the defendants to serve Long with a final proposed settlement by February 5, 1999, and instructed Long to file his list of witness, exhibits, and contentions by April 2, 1999. On February 1, 1999, defendants ...
under 42 U.S.C. §1983, claiming cruel and unusual punishment. Pearson claimed that as a result of his 1-year cell restriction, he lost his appetite, lost weight, and had teeth fall out. A jury trial ...
Article • August 15, 2001 • from PLN August, 2001
Department of Corrections (DOC) may grant goodtime allowances of up to 1 day for each day served in prison. There is no provision, which permits DOC to award good time to individuals who are held in county ...
ruled on the merits of the case. Plaintiffs timely appealed as issues the claims (1) that PLRA's exhaustion requirement did not apply to them, both because the case was brought under RFRA and because ...
Article • July 15, 2002 • from PLN July, 2002
balances the following factors: (1) the cost and inconvenience of transporting the prisoner to court; (2) the security risk and danger to the court and public; (3) whether the prisoner's claims ...
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