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Article • September 15, 1991 • from PLN September, 1991
Administration (42 U.S.C. sec. 3701-3796) must receive wages at a rate which is not less than that paid for work of a similar nature in the locality in which the work was performed. 1 8 U.S.C. 1761(c). The Walsh ...
immunity test requires a two part analysis: (1) Was the law governing the official's conduct clearly established? (2) Under that law, could a reasonable officer have believed the conduct was lawful? Act-Up ...
nightmare. Few who read this book will not be convinced that it s time to wake up. Prison Madness, can be ordered by calling 1-800-956-7739 or by mailing a check for $25 plus $7 shipping to: Jossey-Bass Inc ...
after a struggle with six guards over whether he could make a phone call. Nassau County has paid almost $1 million in jury awards and settlements in brutality cases, including a $500,000 settlement ...
a duty imposed by law and the breach causes the plaintiff's constitutional injury. "To hold a supervisor so liable, the plaintiff must show that: (1) the supervisor either failed to supervise or train ...
refusing leave to initiate an action in the district court in forma pauperis is reviewable on appeal." The court held that "(1) A district court may certify that an IFP appeal is not taken in good faith ...
Article • September 15, 1995 • from PLN September, 1995
and the right to visit in prison. Back issues are still available for $1 each.] ...
Article • February 15, 1994 • from PLN February, 1994
(9th Cir. 1989); Boring v. Kozakiewskicz , 833 F.2d 468 (3rd Cir. 1987); McNeil v. Lowney , 831 F.2d 1368 (7th Cir. 1987); Cookish v. Cunningham , 787 F.2d 1 (1st Cir. 1986); U.S. Marshall's Service v ...
Article • November 15, 1996 • from PLN November, 1996
, including: 1) Inadequate sick call in segregation; staff deliberately conduct sick call while most prisoners are still asleep. 2) Use of sick call facilities and procedures that do not provide adequate ...
PSC ordered MCI to refund $1.5 million to customers who were overcharged and to decrease the surcharge to the PSC mandated maximum of $1.75 (raised by the PSC in February, 1996, from $1). MCI offered ...
is implicated when: (1) a change in a prisoner's confinement conditions is so severe that it essentially exceeds the sentence imposed by the convicting court; or (2) "when the state has consistently given ...
, the state courted disaster by waiving a dispositive defense -- a familiar failing of the Illinois attorney general's office." The Seventh Circuit also held that dictum in Spencer v. Kemna, 523 U.S. 1 (1998 ...
reached an agreement which allowed for the termination of the Lewis v. Evans consent decree with two key stipulations: 1) That the state hire an independent legal auditor to do annual audits to determine ...
Article • March 15, 1992 • from PLN March, 1992
mythology; real rights are dependant on the power to enforce them, as the following illustrates. 28 USC Sec. 1821(a)(1) mandates payment of witness fees to any witness in attendance on any federal court ...
. 1996). Shortly before recessing, in June, 1997, the supreme court granted certiorari and will decide the following questions presented for review: "(1) In case against government official claiming she ...
Article • November 15, 1996 • from PLN November, 1996
without prepaying the fees to submit an affidavit of poverty pursuant to § 1915(a)(1) and a signed statement authorizing the agency holding the prisoner to provide the court with a certified copy ...
Article • June 15, 1990 • from PLN June, 1990
that would limit sex offenders to only 15% of their good time, and it too passes without opposition. Surprise! Effective July 1, 1990, a new law will restrict good time in the same way for whole categories ...
Article • August 15, 1993 • from PLN August, 1993
Antonia School District v. Rodriquez, 411 U.S. 1 (1973); Califano v. Webster 430 U.S. 313, 316-317 (1977). One would believe that in living in the spirit of the law, the same laws applicable to the states ...
. The initiative version requires judges to count even Juvenile offenses as "strikes." The Office of Legislative Analyst has reported it will cost taxpayers an additional $1 billion each year, just for the "Three ...
Article • December 15, 1996 • from PLN December, 1996
on the supreme court's ruling in Martin v. Hunter's Lessee, 1 Wheat 304, 4 LEd 97 (1816) which held that congress cannot infringe upon judicial decisions. "I conclude that § 3626(e) is unconstitutional." The court ...
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