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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 ...
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 ...
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