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;inherently transitory” exception, which requires “(1) the injury must be so transitory that it would likely evade review by becoming moot before the district court could rule on class certification ...
Article • June 15, 2011 • from PLN June, 2011
of the bill. A report on the effectiveness of the new federal law is due by August 2011. The report will also address the prison telephone rates charged by the BOP. [See: PLN, April 2011, p.1]. The California ...
Article • July 15, 2011
to dismiss the suit, claiming that Parsons had: (1) failed to give the notice required by § 101.101, Texas Civil Practice & Remedies Code (TCPARC); (2) failed to file an affidavit setting forth his prior ...
filing timely under controlling New Mexico tolling statute § 37-1-8, which provides three years for filing, not counting the day of release. Robert’s claim that while he was yet incarcerated, Cornell did ...
Article • July 15, 2011
the Second Circuit to examine the two-clause structure of the post 1993 rule 4 (m). Under that rule, if service is not effective within 120 days; (1) “The court…shall dismiss the action without prejudice ...
Article • July 15, 2011
of the OML and applies to all meetings held after October 1, 2007, which did not include Witherow’s. Some media outlets reported that the Supreme Court overturned its 2006 Stockmeier decision applying the OML ...
Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California prisoner Patrick Ronald Holley, Sr., brought suit pursuant to 42 ...
Article • May 15, 2012 • from PLN May, 2012
Thirty-three essentially starts the procedural process anew,” the court wrote. The case remains pending. See: Rhodes v. Robinson, U.S.D.C. (E.D. Cal.), Case No. 1:02-cv-05018 LJO DLB PC. ...
Article • May 15, 2012 • from PLN May, 2012
, submitted a letter of resignation on July 1, 2011 when it was publicly revealed that he had been having an affair with a subordinate. Shortly before Vail resigned, several Seattle-area television stations ...
Article • April 15, 2013
, and $350,000 to Litif's estate. In the Davis and Hussey cases, the court awarded the Davis estate $1 million, the Davis and Hussey estates $350,000 each, and other smaller sums for funeral expenses. The FTCA ...
Article • March 15, 2013
, and the state appealed. The trial court’s order was affirmed by the Appellate Division on July 1, 2010. See: Hurrell-Harring v. State, 75 A.D.3d 667, 905 N.Y.S.2d 334 (N.Y.A.D. 3 Dept. 2010). On remand again ...
Article • April 15, 2013 • from PLN April, 2013
of the defendants. The district court awarded damages against those defendants as follows: John Franklin, $1; Gilbert Duron, $5,000 in compensatory damages and $10,000 in punitive damages; Ryan Bergner, $50,000 ...
Article • April 15, 2014 • from PLN April, 2014
, and on August 1, 2007, police officers arrested several people, including Hannon, at the hotel in connection with a black bag that contained drugs, a .357 revolver and materials related to identity theft. Hannon ...
Article • April 15, 2014 • from PLN April, 2014
and Brian McGiverin with the Texas Civil Rights Project. See: Prison Legal News v. CCA, Travis County District Court (TX), Cause No. D-1-GN-13-001445. ...
Article • May 20, 2014 • from PLN May, 2014
Filed under: Gang Policies
that the void-for-vagueness doctrine could be applied to prison regulations. Applying the analysis employed in void-for-vagueness challenges to criminal statutes, the appellate court considered 1) whether &sect ...
Article • May 20, 2014 • from PLN May, 2014
Filed under: Sanctions, Parole
a projected release date of January 17, 2015. Under former OAR 253-11-004(3) (9/1/89), the Board was authorized to impose incarceration sanctions of “up to ninety (90) days for a technical violation ...
Article • May 20, 2014 • from PLN May, 2014
, which does not support an Eighth Amendment claim. See: Withers v. Wexford Health Services, Inc., U.S.D.C. (C.D. Ill.), Case No. 1:09-cv-01035-HAB-JAG.   ...
Article • April 15, 2014 • from PLN April, 2014
; by the late Marc D. Blackman with the Portland law firm of Ransom Blackman, LLP, who passed away on January 1, 2014; and by Human Rights Defense Center general counsel Lance Weber. See: Prison Legal News v ...
to the offering of prescribed [psychotropic] medications on December 1.” Walsh was directly involved in Galambos’ care, and his naked “swan dive” from a table in his cell on December 8 ...
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