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Article • November 15, 2009 • from PLN November, 2009
, which have remained dormant in the state for the past three years. On May 1, 2009, a split North Carolina Supreme Court held that the N.C. Medical Board had overstepped its authority by issuing ...
Article • November 15, 2009 • from PLN November, 2009
: Morales v. California Department of Corrections and Rehabilitation, 168 Cal. App. 4th 729 (Cal. App. 1st Dist. 2008). On May 1, 2009, the California Dept. of Corrections and Rehabilitation (CDCR) published ...
Article • November 15, 2009 • from PLN November, 2009
a theory of procedural due process, two prerequisites must be met: (1) the statute or regulation at issue must employ “language of an unmistakably mandatory character, requiring that certain procedures ...
Article • October 15, 2009
with the fact that Silverbrand’s tort claim forms were filed after the six-month deadline set by Cal. Gov’t. Code § 945.6(a)(1). Silverbrand did, however, file within 90 days after notifying the defendants he ...
Article • August 15, 2008 • from PLN August, 2008
in February 2007. His conviction was related to his acceptance of $29,000 from chiropractors in exchange for pushing legislation favorable to their profession. He was also fined $1 million for bribing another ...
Article • August 15, 2008 • from PLN August, 2008
attorney arrangement (in lieu of a law library) had denied an Iowa prisoner’s constitutional right of access to the courts. The court also awarded him nominal damages ($1) for loss of a § 1983 claim ...
for a preliminary injunction requesting access to Ayyad and Abouhalima. The government opposed the motion arguing that (1) Ayyad and Abouhalima failed to exhaust their administrative remedies; (2) because ...
Article • December 15, 2008
Dangers of a preventive detention law by David C Fathi By David C. Fathi | January 1, 2009 PRESIDENT-ELECT Barack Obama has said he'll close the US detention center at Guantanamo Bay ...
for $383,876 plus costs of $18,076, to which the County objected. The court first held that the PLRA’s fee cap (150% of established local rates) applied pursuant to 42 U.S.C. § 1997e(d)(1), citing ...
Article • December 15, 2008 • from PLN December, 2008
and then filed suit under the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc-1 et seq. Hummel relied heavily upon Cutter v. Wilkinson, 544 U.S. 709 (2005), which upheld ...
Article • December 15, 2008 • from PLN December, 2008
Filed under: Reviews, Court Access
that prisoners can easily store at hand. Self-Help Legal Guides are divided into seven sections: 1) Nuts & Bolts for Post Conviction Relief; 2) Criteria for Challenging Appellate Counsel Representation; 3 ...
Carranza-Reyes, who was held in the jail for an immigration violation. Carranza-Reyes was arrested on March 1, 2003, while en route to Chicago to work with his father. He, and several others, were arrested ...
Article • February 15, 2009 • from PLN February, 2009
operational data from private facilities. BOP attempted to defend its data collection practices arguing that (1) Federal Acquisition Regulations (FAR) do not require comparative cost-analysis and (2) imposing ...
, and the federal judge unsealed records in the case. See: Campbell v. Bureau of Prisons, U.S.D.C. (S.D. Fla.), Case No. 1:08-cv-20636. Campbell was subsequently released from custody in October 2008 after completing ...
recompense; nor may a defendant overcome the privilege by putting the plaintiff’s mental state in issue.” Citing Jaffee v. Redmond, 518 U.S. 1 (1996), the Court of Appeals held that when a plaintiff makes ...
is imposed was clearly established by Coleman v. Dretke, 395 F.3d 216 (5th Cir. 2004). The court denied the motions to dismiss except as noted above. See: Graham v. Owens, USDC, W.D. Tx., No. 1:08-cv-00006-SS. ...
, Jan. 2006, p.1; Aug. 2003, p.28]. Under a contract approved by the Nueces County Commissioners Court and the U.S. Marshals Service in February 2009, the county will provide oversight for the Coastal ...
Article • June 15, 2009 • from PLN June, 2009
Filed under: Mail, Mail Regulations
Department of Corrections, USDC (S.D. Ind.), Case No. 1:08-cv-1718 LJM-TAB. On May 5, 2009 a similar lawsuit was filed in U.S. District Court in Florida, challenging an almost identical Florida DOC policy ...
Article • June 15, 2009 • from PLN June, 2009
in deportation were nonviolent drug charges and traffic offenses. The report estimates that over 1 million family members – many of whom are U.S. citizens – have been separated from their loved ones ...
Article • September 15, 2009
year, under 18 U.S.C. §3583(e)(1), a defendant may petition the sentencing court to terminate supervised release if the defendant’s conduct and the interest of justice warrant it. Then, the Court said ...
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