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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 ...
Article • October 15, 2009 • from PLN October, 2009
Filed under: International, Immigration
and use them to hold another 32 detainees. This should increase his ICE funding by $1 million while no doubt greatly decreasing the jail’s ability to provide rehabilitative programming to its other, local ...
Article • October 15, 2009 • from PLN October, 2009
an excessive force suit brought by a former prisoner at the Sacramento Main Jail (SMJ) for $260,000. On December 1, 2005, Donald Black, a probationary sergeant at SMJ, ordered the use of flash bang grenades ...
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