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Article • August 15, 2003 • from PLN August, 2003
. Phone: 513-721-2500. This case is not published. See: Runyan v. Gabbard, U.S. DC SD OH, Western Division, Case Number C-1-01-1414. Additional sources: Cincinnati Post; Hamilton Journal-News ...
Article • August 15, 2003 • from PLN August, 2003
to, or an unreasonable application of [as approved by the U.S. Supreme Court], clearly established federal law" as required under 28 U.S.C. §2254(d)(1). All states now have recidivist offender sentencing laws ...
per the Prison Litigation Reform Act (18 USC §3626(a)(1)) to redress just the unconstitutional policy - which the court issued. See: Ashker v. Calif. Department of Corrections, 224 F.Supp.2d 1253 (ND CA ...
Article • July 15, 2003 • from PLN July, 2003
. Significantly, the court rejected their qualified immunity defense as to denial of pain medications, because (1) the standard for pain medication was well established, and (2) the defendants' requisite showing ...
Article • July 15, 2003 • from PLN July, 2003
that Governor Fife Symington commute the life sentence under the Disproportionality Review Act. Ariz. Sess. Laws ch. 365 § 1(G) (effective July 1994, repealed June 1996). The act required the governor to act ...
by federal courts to cover almost every potentially litigable claim that is remotely connected to an individual's status as a member of the military. The Feres doctrine is based on three rationales: "(1 ...
Article • September 15, 2003 • from PLN September, 2003
, added Gonthier. Government lawyers had contended that the voting ban was justified because (1) It sent a message to prisoners concerning the importance of the rule of law, (2) Allowing prisoners ...
Article • July 15, 2003 • from PLN July, 2003
that following Spencer v. Kemna, 523 U.S. 1, 118 S.Ct. 978 (1998) there is a circuit split on the issue of whether current and former prisoners who cannot seek habeas relief can bring a § 1983 claim without ...
at SCCC. The Court further held Bowman had no standing to obtain the injunctive relief here. Standing for an injunction requires a showing that "1) she has suffered an `injury in fact' that is concrete ...
Article • July 15, 2004 • from PLN July, 2004
provided under the plan may not be assigned or alienated." 29 U.S.C. § 1056(d)(1). The Treasurer appealed. The SCM first noted that ERISA does not define the terms "alienate" and "assign." It then used ...
Article • July 15, 2004 • from PLN July, 2004
, Zacchi sued the state of New York seeking approximately $1 million. Zacchi's claim was supported by otolaryngologist Alvin Katz, M.D., who testified that the cancer could have been diagnosed in June ...
Article • August 15, 2004 • from PLN August, 2004
, unwritten no-parole policy. (See, e.g., PLN, April, 2000, p.1 California's No-Parole Policy.) Damages were denied in March, 1996 because parole commissioners enjoy absolute immunity. Declaratory/injunctive ...
Article • June 15, 2004 • from PLN June, 2004
dormitory housing to a fifth tier cell in North block, Thelen suffered a severe claustrophobic reaction at 1 a.m. To reduce the reaction, he curled up on the floor next to the door, where he wept ...
Case • 2002
Robinson v. Powell - 297 F.3d 540 (7th Cir. 2002) - 2002 Robinson v. Powell, 297 F.3d 540 (7th Cir. 07/12/2002) [1] U.S. Court of Appeals, Seventh Circuit [2] No. 00-3659 [3 ...
Case • 2004
Linares v. Goord - 8 A.D.3d 839, 778 N.Y.S.2d 550 (N.Y.A.D. 3 Dept., - 2004 Linares v. Goord, 778 N.Y.S.2d 550 ( 06/17/2004) [1] NEW YORK SUPREME COURT, APPELLATE DIVISION, THIRD DEPARTMENT ...
Case • 1990
Fisher v. Koehler - 902 F 2d 2 (2nd Cir. 1990) - 1990 Fisher v. Koehler, 902 F.2d 2 (2nd Cir. 04/16/1990) [1] UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT [2] Docket No. 89 ...
Case • 2005
oral argument. See Fed. R. App. P. 34(a)(2). July 13, 2005, Filed NOTICE: [**1] RULES OF THE NINTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES ...
Article • November 15, 2007 • from PLN November, 2007
Court, Case No. 1-06-620. Additional source: Dallas Morning News ...
Article • November 15, 2007 • from PLN November, 2007
-El Paso) filed companion bills in the House. The bill passed unanimously in the Senate and 142-1 in the House. Governor Rick Perry, a strong opponent of prison phones, refused to sign the bill ...
Article • November 15, 2007 • from PLN November, 2007
the local police. Gordon had been hospitalized for pneumonia in Maplewood, Minnesota, from December 29, 2003, until January 1, 2004. On January 2 Gordon had difficulty breathing and returned to the emergency ...
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