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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 ...
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). ...
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