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Article • May 15, 2007
the court had jurisdiction because "Neither the district judge nor any judge of this court has issued a certificate of appealability." See: 28 U.S.C. § 2253(c)(1)(A) In Walker v. O'Brien, 216 F.3d 626, 638 ...
Article • May 15, 2007
the economic reality" of the relationship. That test has been refined to include inquiries into whether the alleged employer (1) had the power to hire and fire employees, (2) supervised and controlled employee ...
Amendment retaliation claims must advance non-conclusionary allegations establishing: (1) that the speech or conduct at issue was protected, (2) that the defendant took adverse action against the plaintiff ...
Article • May 15, 2007
of the lawsuit, plaintiffs' true relieve is twofold: (1) the moral satisfaction of knowing that a federal court concluded that [their] rights had been violated,": and (2) an enforceable judgment requiring ...
to the jail, on September 28, 1999, Patterson was placed in a psychological observation unit, where he remained until his death on October 1, 1999. Corporal Ondrey was on duty September 30 between 3:30 p.m ...
Article • May 15, 2007
. "On July 16, 1979, the district court ordered that (1) the court clerk accept no further pleadings from Riddell, (2) counsel would not be appointed until Storseth personally made the request and agreed ...
" comments intended for his parents would retard his rehabilitation[.]" Ultimately, the court entered a permanent injunction, enjoining prison officials from, inter alia: "1. Reading any correspondence ...
Article • May 15, 2007
dangers.") In deciding these two issues, the court held: 1) "[T]he government has neither a special relationship with the public nor a general duty to warn the public of potential threats of criminal ...
Article • May 15, 2007
"the State must honor the right which it has created, as a matter of due process." As to Buhrman's other claims, the court adopted the Report and Recommendations, holding: 1) Buhrman's claims as to defendant ...
Article • May 15, 2007
."' The district court adopted the magistrate's recommendation. Gramegna appealed. The Eleventh Circuit vacated and remanded, holding: 1) The mail accumulation policy of Central Records unconstitutionally infringed ...
. Langston appealed. The Seventh Circuit affirmed, holding: 1) Prison officials did not violate Langston's Eighth Amendment rights by placing him in a cell with Rayfield. Although "under the Eighth Amendment ...
Article • May 15, 2007
was instrumental in obtaining the order and overseeing the force feedings. The jury ultimately found for Lasky, and Walker appealed. The Third Circuit affirmed the district court holding: 1) Pursuant to the Rooker ...
illegal under Title III, and qualified immunity hence unavailable. In this light, the District Court's handling of the case precludes any suggestion that the wiretap was either (1) authorized for criminal ...
Article • May 15, 2007
which included commonly being sprayed with tear gas when such force was not warranted. The district court conducted a non-jury trial of the claims and held: 1) Defendants were not entitled to sovereign ...
settlement, the family?s attorneys were awarded $168,868. The balance of $106,132 was distributed among nine survivors and the funeral home. See: Thurman v. Kent County, U.S.D.C. W.D. MI, Case No. 1:05-CV-0177. ...
Article • February 15, 2007 • from PLN February, 2007
to determining whether a person has received due process, Judge Van Sickle specifically concluded that: 1) the statute and policy affect a significant private interest; 2) the risk of erroneous deprivation ...
Article • February 15, 2007 • from PLN February, 2007
to attorney Gerald C. Grimaud. See: Pennsylvania Prison Society v. Rendell, USDC MD PA, Case No. 1:97-cv-01731-ARC (March 13, 2006), appeal filed, Appeal No. 06-3354 (3d Cir. 2006). ...
Article • February 15, 2007 • from PLN February, 2007
that employs 1 out of every 50 workers and costs $185 billion a year, 4 times as much as it spends each year or educating its children. No wonder the criminal justice system is caught in a feedback loop, growing ...
Article • March 15, 2007 • from PLN March, 2007
of guilt, Mayor Bloomberg ordered Kerik's name removed from the New York jail once named in his honor. At 1:00 a.m. laborers assembled, under cover of darkness, to remove the signs displaying Kerik's name ...
Article • April 15, 2007 • from PLN April, 2007
), for the period from January 1 through December 31, 2000. During that time, the York County Prison alone housed approximately 1,544 prisoners, including an average of 729 INS detainees, 29 U.S. Marshals Service ...
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