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Article • May 15, 2007
in Hudson v. McMillian, 503 U.S. 1 (1992). Saucier's first step, the establishment of a constitutional violation per se, was met in two ways. First, the appellate court found that the facts established ...
U.S.C. §§1915(e)(2)(B)(ii) and 1915A(b)(1). Gleash did not appeal, but instead, five months later, he filed a new complaint raising the same issues. The district court again dismissed on grounds ...
Article • May 15, 2007
§ 6600 became the law on January 1, 1996, a petition to commit Hubbart was filed the next day by the Santa Clara County District Attorney. Hubbart was given the prescribed psychological tests and trial ...
to a 40% infection rate in prisons nationwide (see: PLN, May 2004, p.1), being shunted from a prison job due to limitations suffered during the painful course of Interferon treatment for HCV is a matter ...
Article • May 15, 2007
in determining numerosity. There were 27,000 stops by the SCU in 1998; an Attorney General's report found 23.2% to lack reasonable suspicion; if only 1% lacked reasonable suspicion, the 270 persons involved would ...
requirements were observed and there is some evidence to support the conviction. (959 n. 1) The plaintiff's allegation that he was set up in retaliation for the exercise of First Amendment rights was also ...
Article • March 15, 2007 • from PLN March, 2007
. SURVEY QUESTIONS 1. Do you wish to keep your identity anonymous? 2. Are you currently working in a work program in electronics? 3. Work: Recycling, Manufacturing, Repair or other: Where: Federal, State ...
million wrongful death suit against the county on Nov. 21, 2006. The lawsuit is pending. See: Claros Castro v. Grice, USDC MD NC, Case No. 1:06-cv-01016-JAB-WWD. Sources: Associated Press; Journal ...
Article • January 15, 2007 • from PLN January, 2007
Filed under: Sentencing, Parole
the court in August 2006 to put a stop to the Board?s plan to hire 17 forensic psychologists to conduct lifer psychological exams beginning October 1, 2006. When Wattley pointed out that this personnel switch ...
Article • June 15, 2007 • from PLN June, 2007
treatment. The November 1, 2005 Colorado Division of Criminal Justice (DCJ) report, Lifetime Supervision of Sex Offenders Annual Report, noted that only 101 of the 800 sex offenders under the Act were ...
Article • June 15, 2007 • from PLN June, 2007
that Governor Davis had an unconstitutional "no-parole" policy (see, e.g., PLN, Apr. 2000, p.1, "California's No-Parole Policy"), and that his denial reasons were so thin as to be "pretextual." Accordingly ...
Article • July 15, 2006 • from PLN July, 2006
that § 1997e(d)(2) applied when a monetary judgment is awarded. Further, § 1997e(d)(1)(A) limits awarding fees to cases where the fee was directly and reasonably incurred in proving an actual violation ...
Article • October 15, 2006 • from PLN October, 2006
donations to PLN, up to the amount of $15,000, dollar for dollar that are made between October 1, 2006 and January 31, 2007. As most readers probably know, the amount charged for subscriptions and advertising ...
Article • October 15, 2006 • from PLN October, 2006
there is such a right) was not clearly established at the time of the violations alleged in these cases. The court further found plaintiffs' claims against the $30 (later $40) monthly limit and a ban placed on Level-1 ...
action which was pending on the date of its enactment as the Congress did not make DTA §1005(e)(1), which applies to this case, retroactive. The Supreme Court also refused to abstain from ...
Article • September 15, 2006 • from PLN September, 2006
. Beginning January 1, 2006 Alabama prisoners ceased to work as furniture movers in Madison Countys work-release program. Previously, prisoners would accompany the sheriff to do the heavy lifting when tenants ...
Angeles, California. See: Bynum v. District of Columbia, Case No. 1:02-CV-00956-RCL (2006). ...
major problems in the state's county jails. Prisoners with physical handicaps, chronic illnesses and mental disabilities receive little or no healthcare in a state where 1-in-33 citizens are arrested each ...
held that the section of the PLRA which limited the award of attorney fees to 150% of a monetary award did not apply to the awarding of nominal damages because: (1) it would lead to an absurd result ...
"the least restrictive means" to further that interest. The Seventh Circuit analyzed RLUIPA extensively in relation to-Congress' Spending Clause power, U.S. Constitution, Article I, §8, cl. 1. The court found ...
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