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Page 1620 of 1953. « Previous | 1 2 3 4 ... 1616 1617 1618 1619 1620 1621 1622 1623 1624 ... 1949 1950 1951 1952 1953 | Next »

. The Court of Appeals affirmed the dismissal of Jeffries' claims regarding the three guilty pleas, but reversed the dismissal of his claim surrounding his conviction on the larceny charge, holding: 1 ...
to dismiss," which the trial court granted. Hedges appealed. The Court of Appeals affirmed in part and reversed in part, holding: 1) "The sole purpose of [a] Tenn.R.Civ.P. 12.02(6) motion to dismiss ...
Article • May 15, 2007
Circuit held that in New York collateral estoppel may be applied when a party raises an issue (1) identical to an issue already decided, and (2) in a previous proceeding in which that party had a full ...
sustained at the time of her arrest. The jury unanimously found for EMSA, and Pleasant appealed. The Ohio Court of Appeals affirmed, holding: 1) The trial court's refusal to grant her motion in limine ...
, not for the underlying offense. Qualified immunity was denied because (1) Love established a constitutional violation and (2) the law requiring due process when punishing pretrial detainee misconduct occurring during ...
, a plaintiff seeking a preliminary injunction must show: (1) a substantial likelihood of success on the merits; (2) irreparable injury if the injunction is denied; (3) the threatened injury to the movant ...
Article • May 15, 2007
(1) a nonfrivolous underlying claim (no problem here), (2) official acts frustrating the litigation (ditto), and (3) a remedy that may be awarded in a court access suit that is not otherwise available ...
Article • May 15, 2007
, alleging violations of three conditions of his community placement." These violations included: (1) failure "to report to his community corrections officer (CCO);" (2) failure "to provide truthful answers ...
Article • June 15, 2007 • from PLN June, 2007
a ?separate duty independent from the employment relation.? Thus, ?the claim must assert a theory of liability based on a government duty that (1) is distinct from the duty breached in committing ...
Article • March 15, 2007 • from PLN March, 2007
[here, evidently not the ?matrix? of punishment in the BPT?s rules] eventually reverse the calculus below. Legally, the dissent based its analysis on the proper application of 28 U.S.C. §§ 2254(d)(1 ...
Article • March 15, 2007 • from PLN March, 2007
, Mar. 2006, p.1, Federal Court Seizes California Prisons? Medical Care; Appoints Receiver With Unprecedented Powers) surmounted his first statutory bureaucratic obstacle to gaining constitutional ...
of the University of Michigan's law school Clinical Law Program. Because "the Jury found the defendant lied about the reasons for the Plaintiff's transfer," the Court required Siggers-El to pay only $1 of his ...
the district court's power to order prospective relief for violations "solely of State law." The Second Circuit agreed. Under the language of 18 U.S.C. § 3626(a)(1), prospective relief must "extend no further ...
the deputy?s arms onto the floor and wet his pants. After his release 4 1/2 hours later, Booker was taken at Pennington?s request to Northside Hospital, where a brain scan revealed a massive hemorrhage ...
Article • June 15, 2007 • from PLN June, 2007
in a homicide case or that carries a possible life sentence without parole. Implementation is to be completed by January 1, 2006. The attornies in the case received $1,326,566.25 in attorney fees and $95,301.27 ...
Article • June 15, 2007 • from PLN June, 2007
of that standard to the facts in Morris's case. Initially, the Fifth Circuit noted that "[t]o prevail on a claim of retaliation, a prisoner must establish (1) a specific constitutional right, (2) the defendant's ...
Article • July 15, 2006 • from PLN July, 2006
reading for prisoners, their families and the public, who all pay for yet jointly suffer from the hopelessness of the current retributive warehouse incarceration model. Chapters 1 and 2 recount the swing ...
Article • October 15, 2006 • from PLN October, 2006
liable and awarded Joyce $22,400,000; the largest civil verdict ever levied against the State [PLN,May 2001, p.1]. The Washington Court of Appeals affirmed Joyce v. DOC, 116 Wn. App. 569, 75 P.3d548 (2003 ...
Article • October 15, 2006 • from PLN October, 2006
to one count each of false imprisonment and were sentenced to 10 and 12 years in prison, respectively. Griffith was convicted on 2 counts of rape and 1 count of sexual assault in June 2003 and sentenced ...
$ 1 million Restricted Custody Center to house felons headed for the KDOC, expansion and remodeling efforts, and the implementation of new policies to prevent overcrowding. At the detention center ...
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