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Article • November 15, 2006 • from PLN November, 2006
., notice and hearing). In 1993, Oregon enacted a law requiring community notification when prisoners designated as predatory sex offenders are released on probation or parole. ORS 181.586(1)(a) authorizes ...
of knowingly making false claims in violation of 31 U.S.C. § 3729(a)(1) and (2). She also claimed her firing was in retaliation for whistle blowing, protected under both 31 U.S.C. § 3730(h ...
Article • December 15, 2006 • from PLN December, 2006
was discovered in an adjacent salvage yard. Dasser was charged in connection with Halbach's murder on March 1, 2006, and provided investigators with a videotaped confession. Several months later, however, on June ...
constructive. The Pinellas County boot camp for juvenile offenders was closed at the end of June 2006, along with a similar boot camp in Manatee County. On July 1, 2006, largely due to Andersons death, a new ...
Article • November 15, 2006 • from PLN November, 2006
with beatings of prisoners at the Rogers State Prison in Reidsville. As previously reported [see PLN, April 2006, p.1], Rogers is a cesspool of violence and corruption. Handcuffed prisoners at the facility ...
Article • December 15, 2006 • from PLN December, 2006
services, putting constitutionally adequate medical health care at risk. Upon recommendation of the court's recently appointed CDCR health care receiver (see: PLN, Mar. 2006, p.1, Federal Court Seizes ...
Article • May 15, 2007
that he was a sexually-oriented offender and described his registration duties under O.R.C. §2950.03(A)(1). Hayden appealed arguing that the lack of a hearing violated his rights under the federal and state ...
Article • May 15, 2007
to relieve himself in. The Court found the offenders challenged two types of seclusion placements: (1) placements ordered by WRC administrators for security reasons, and (2) placements ordered by WRC ...
Article • May 15, 2007
to an injunction and that prison officials were immune from Freeman's personal suit. Freeman and the class appealed. Reviewing the case de novo the U.S. Eighth Circuit affirmed, holding: 1) Because TDCJ's ...
Article • May 15, 2007
and to enter an order protective of confidential informants." The Eighth Circuit reversed in part and affirmed in part, holding: 1) The evidence, which the Eighth Circuit contended was "filled with conflicting ...
and advocate the rights of persons with developmental disabilities. They are empowered, among other things, to: 1) investigate incidents of abuse and neglect of persons with developmental disabilities; 2 ...
Article • May 15, 2007
23 "centered around physical problems other than her gynecological condition, [and] that she did not 'spot' or 'bleed' until May 1 or May 2, 1981...." The U.S. District Court for the Southern ...
. 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 ...
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