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Article • August 15, 2006 • from PLN August, 2006
Filed under: Sentencing, Parole
, indicating both if and when the prisoner should be paroled. However, on March 1, 1998, OAPA revised (without regulatory change or approval) the matrix. They retained the recidivism risk rating factor ...
Article • October 15, 2006 • from PLN October, 2006
an interlocutory appeal, arguing that they are entitled to qualified immunity because: (1) Pool offered no proof that they proximately caused any compensatory damages; (2) Pool suffered no physical injury; (3 ...
Article • May 15, 2007
immunity, plaintiff must convince the court that: (1) Defendant has violated a clearly established right and, (2) defendant's conduct was unreasonable in light of established law at the time. Although ...
Article • May 15, 2007
Wynn's suit for failure to state a claim, finding that Wynn had an adequate state post-deprivation remedy to redress the loss of property in the Indiana Tort Claims Act, Indiana Code § 34-13-3-1 ...
that the typewriter was not received by the mailroom until seven to ten days before January 5, 1998. However, a signed delivery log showed receipt on December 1, 1998. Miller continued to file grievances up ...
civil contempt. To hold a defendant in contempt, the court must find that (1) a valid court order existed, (2) the defendant knew of the order, and (3) the defendant disobeyed the order. However ...
Article • May 15, 2007
, the Order of June 1, 1982, and the stipulation modifying the consent decree. This case has numerous other published opinions. See: Ruiz v. Estelle, 679 F.2d 1115 (5th Cir. 1982). ...
Article • May 15, 2007
County, 307 F.3d 1 (1st Cir. 2002). ...
Article • May 15, 2007
(7th Cir. 2001). The defendants appealed and the Supreme Court granted certiorari on two questions: (1) whether the defendants committed extortion; and (2) whether private litigants may obtain ...
Article • May 15, 2007
: 1) "Once a plea is entered, the defendant bears the burden to show an involuntary plea." 2) Given Henderson's voluntary actions in accepting the plea offer and the court's assertion that his actions ...
to provide prisoners with an adequate type of review within the prison when access to published material is restricted, including: (1) The prisoner should be given prompt written notice that he/she was being ...
Article • May 15, 2007
notified him of this defect and given him an opportunity to amend. In the second case Franklin challenged "the constitutionality of Ore.Rev.Stat. §§ 137-280(1)(a) ... which prohibit[s] a felon from running ...
was returned to MCC/MSU. See: Personal Restraint Petition of Rabih Aboul-Hosn, Case no. 51455-5-I (Wash.App.Div.I, 2003). See also: In re PRP of Aboul-Hosn, Case no. 52598-1-T (Wash.Apo.Div.I, 2003). ...
Supreme Court disagreed with the trial court and held that Doe's claim was ripe for consideration, it further held: 1) Any deprivation of Doe's consideration for early release was due to the statute rather ...
holding was to preserve the focus on deterrence of individuals. At 1149 n.1: Incarceration of persons accused of committing crimes is traditionally a government function, not altered by the government's ...
Article • May 15, 2007
24, 1999 when he became irritated with a pretrial detainee on suicide watch. Around 1 p.m. the prisoner, who was wearing only a paper gown, complained to Bailey that his cell was cold and asked ...
Article • May 15, 2007
for a preliminary hearing. See: 18 U.S.C. §4214(b)(1)...; Moody v. Dagget, 429 U.S. 78, 86 n.8 (1976)...the Petitioner is still entitled to a revocation hearing. Thus, once the warrant had been executed ...
Article • October 15, 2005
if and when the prisoner should be paroled. However, on March 1, 1998, OAPA revised (without regulatory change or approval) the matrix. They retained the recidivism risk rating factor but replaced the former ...
written supervisory approval.? The class was defined as all persons who were: 1) erroneously designated during the class period of June 9, 2001 to August 30, 2005 by the John E. Polk Correctional Facility ...
Article • August 15, 2007 • from PLN August, 2007
prisoners (20%) about twice as likely as Hispanic state prisoners (12%) and about twenty times as likely as black state prisoners (1%) to report methamphetamine use in the month before the crime. Female state ...
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