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Eighth Circuit Upholds Denial of Compensatory/Punitive Damages; Physical by Injury Required in First Amendment Cases In a 2-1 decision, the Eighth Circuit of Appeals held that the Prison ...
could endanger her planned May 1 release. Unfortunately, Cornell is poised to get away with this criminally negligent homicide. An Arkansas State Police investigation found no criminal wrongdoing. Cornell ...
Article • October 15, 1995 • from PLN October, 1995
. In the 8-1 ruling written by chief justice Rehnquist, the court held that § 3585(b) requires that credit be given for time served under an 18 U.S.C. 3142(e) "detention order" but not for time served pursuant ...
Police, Death and Inquests by Adrian Lomax David Urban, 35 years old, was serving a 30-day sentence in the Winnebago County Jail in Oshkosh, Wisconsin, when, at 1:00 pm on January 13, he ...
Article • February 15, 1994 • from PLN February, 1994
consolidated into one case. The issues being presented to the court are: 1) events occurring during and after the arrest of Dr. Guzman and other members of the PCP's central committee on September 12, 1992 ...
indifference to that need. In Benter v. Peck, 825 F. Supp. 1411 (SD IA 1993), [PLN, Vol. 5, No. 1], the court held that the state is required to provide treatment to serious medical needs at state expense ...
are as follows: 1. Cruel and unusual conditions of confinement in SHU. 22.5 hours per day are spent in a small, bare walled, windowless cell. 90 minutes of exercise are allowed in a bare enclosure called ...
, arguing: (1) the complaint failed to state a claim, (2) the defendants were entitled to qualified immunity, (3) the action was barred by sovereign immunity, (4) negligence is not actionable under § 1983, (5 ...
Correctional Services of Oakbrook, Ill., and Canteen Corp. of Chicago, ARAMARK's was the lowest. Commencing October 1, 1998, ARAMARC purchased, cooked, and dished out the food served to Noble's 2,500 captive ...
until May 1, 2000 to achieve full compliance with the court's 1994 injunction or face the imposition of fines totaling $50 per day per SCC detainee. On May 5, 2000, judge Dwyer held another fact-finding ...
Article • July 15, 2000 • from PLN July, 2000
. The trial court granted summary judgment to the prison official defendants by ruling that Sanford's claims were barred under Heck v. Humphrey, 114 S.Ct. 2364 (1994) and that Iowa code, section 903A.3(1)(1993 ...
Article • October 15, 2001 • from PLN October, 2001
. McMillian , 503 U.S. 1, 112 S.Ct. 995 (1992). The Court upheld jury instructions which required a finding of official abuse that "shocks the conscience" and required Fuentes to prove "wanton pain ...
Article • September 15, 2001 • from PLN September, 2001
. She filed suit in the King County Superior Court, where judge Glenna Hall presided. Judge Hall found that the statute violated the Uniformity Clause of Article VII § 1 of the state constitution ...
staff psychiatrist positions to serve 6,000 wards (a ratio of 1:428) and in July of 2001 six of those positions were vacant. Mentally ill wards are given psychotropic medications to control ...
Article • August 15, 2004 • from PLN August, 2004
and imprisoned usually is divested of the franchise, the right to file a court action stands as his most fundamental political right, because it is preservative of all rights." See: Hudson v. McMillian, 503 US 1 ...
Article • July 15, 2004 • from PLN July, 2004
% arrest-free rate. The study also found it costs taxpayers $1 million to house a lifer for life and total costs are at $2.5 billion and rapidly rising. "Many lifers have been convicted of serious ...
Article • July 15, 2004 • from PLN July, 2004
the court must answer two questions: (1) whether the practice of holding a trial in SRCI is an inherently prejudicial practice; and (2) whether holding the trial in SRCI was justified ...
points of the agreement are to be completed by November 1, 2009 at which time, if everything is satisfactorily completed, the agreement will expire. The district court sealed the specific damage awards ...
Article • May 15, 2006 • from PLN May, 2006
From the Editor by by Paul Wright This issue marks the 16th anniversary of the founding of Prison Legal News. Since PLNs first issue was published on May 1, 1990 we have now published 192 ...
Article • June 15, 2006 • from PLN June, 2006
too. Additional Sources: The Talented Mr. Lerner, by David D. Kirkpatrick; The New York Times, (Section 6, column 1) (March 31, 2002). ...
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