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Article • December 15, 2008 • from PLN December, 2008
Filed under: News, Federal Legislation
Native American Reservations in Dire Need of Better Jails, Get Money to Build More by Native American Reservations in Dire Need of Better Jails, Get Money to Build More In August 2008, the Bureau of Indian Affairs (BIA) closed its jail in Pine Ridge, South Dakota due to deteriorating conditions, …
Article • December 15, 2008 • from PLN December, 2008
South Dakota Guard Liable for Prisoner’s Electrocution Death by The Eighth Circuit Court of Appeals has held that a prison work crew guard was not entitled to qualified immunity in an Eighth Amendment suit alleging he failed to protect a prisoner from death by electrocution due to a downed power …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Civil Procedure, Complaints
Seventh Circuit: Delayed Medical Care Because Doctor Attended New Year’s Party Constitutes Deliberate Indifference by The Seventh Circuit U.S. Court of Appeals has upheld a prisoner’s Eighth Amendment complaint of deliberate indifference to his serious medical condition when he alleged that the prison doctor called to treat his injuries chose …
Article • December 15, 2008 • from PLN December, 2008
Legal Financial Obligation Deductions Imposed on All Washington Prisoners by In a 5-4 ruling, the Supreme Court for the State of Washington has held that the Washington Department of Corrections (WDOC) has authority to collect court-ordered legal financial obligations (LFOs) from all prisoners, regardless of sentence, from non-work related income. …
Article • December 15, 2008 • from PLN December, 2008
Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner by Massachusetts DOC Ordered to Provide Vegan Meals to Buddhist Prisoner On June 11, 2008, following a non-jury trial in an action brought under the Religious Land Use and Institutionalized Persons Act (RLUIPA), a U.S. District Court directed the Commissioner …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John Dannenberg Tenth Circuit: Procedural Defense to Federal Prisoner’s ETS Suit Fails on Inadequate Grievance Record-Keeping by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed a summary judgment order in a federal …
EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds by EAJA Permits Recovery of Fees for Paralegal Services at Market Rates, US Supreme Court Holds The Equal Access to Justice Act (EAJA) authorized prevailing parties to obtain reimbursement of fees expended on paralegal services …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Money/Property, Restitution
Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto by Ninth Circuit: Statutory Increase in Restitution Payment Rate Does Not Violate Plea Agreement and is Not Ex Post Facto The Ninth Circuit Court of Appeals, in a California state prisoner’s …
New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law by New York Sex Offenders’ Settlement Agreement Superseded by New Registration Law The Second Circuit U.S. Court of Appeals dealt a blow to sex offenders in New York state when it ruled that despite an earlier suit and settlement …
Article • December 15, 2008 • from PLN December, 2008
Tenth Circuit Follows Jones v. Bock, Reverses Full-Exhaustion Predicate in § 1983 Cases by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals realigned its jurisprudence to comport with the U.S. Supreme Court ruling in Jones v. Bock, 127 S.Ct. 910 (2007) [see: PLN, May 2007, …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Searches, Drug Testing
Washington Court Invalidates Pretrial Substance Abuse Conditions by The Court of Appeals for the State of Washington has held that pretrial conditions for release on personal recognize that require a defendant to undergo an alcohol evaluation, comply with any recommended treatment and attend three weekly self-help meetings were not authorized …
Article • December 15, 2008 • from PLN December, 2008
No Filing Fee Lien Allowed in Florida Mandamus Cases by In two rulings, Florida’s First District Court of Appeal has held a circuit court departed from the essential elements of law when it placed a lien on a prisoner’s trust account to satisfy the filing fee for a mandamus petition. …
Brief • December 15, 2008
Borck v County of Lenawee Mi Plf Emergency Motion for Inspection Jail Med Neglect 2008 Case 2:07-cv-15124-MOB-RSW Document 101 Filed 12/15/2008 Page 1 of 33 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICIDGAN SOUTHERN DIVISION AARON FRANCIS BORCK, Plaintiff, Case No. 07-cv-15124 Honorable Marianne O. Battani v. Referral Judge R. …
Brief • December 12, 2008
Jennings v Owens Tx Order Unconstitutional Parole Conditions 2008 Case 1:06-cv-00990-RP Document 114 Filed 12/12/2008 Page 1 of 30 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DAVID BRIAN JENNINGS, PLAINTIFF, V. RISSIE OWENS, et al., DEFENDANTS § § § § § § § …
Brief • December 11, 2008
Jennings v. City of Miami, FL, Def Memo in Opp to Plf Mot for Protective Order, FTAA Protest, 2008 Case 1:07-cv-23008-JEM Document 103 Entered on FLSD Docket 12/11/2008 Page 1 of 24 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA CASE NO. 07-23008-CIV-MARTINEZ/BROWN CARA JENNINGS, et. …
Brief • December 10, 2008
Stenson v Vail Wa Order Lethal Injection 2008(2) Case: 08-35974 12/10/2008 Page: 1 of 1 DktEntry: 6735294 FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT DAROLD J. STENSON, Plaintiff-Appellee, MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS No. 08-35974 D.C. No. 2:08-cv-05079-LRS …
Brief • December 10, 2008
Ashcroft v Iqbal Dc Transcript September 11 Discriminatory Detention 2008 Official - Subject to Final Review 1 IN THE SUPREME COURT OF THE UNITED STATES 2 - - - - - - - - - - - - - - - - - x 3 JOHN D. ASHCROFT, FORMER : …
Brief • December 8, 2008
Sehmel v Doc Wa Release Work Release Car Accident Injury 2008 :', RELEASE OF CLAIM Claim No.: 31061838 FOR AND IN CONSIDERATION of the sum of EIGHT THOUSAND SIX HUNDRED EIGHTY FIVE AND 60/100 DOLLARS ($8,685.60), inclusive of all liens, known or unknown. Tracy Sehmel, his heirs, assigns, or other …
Brief • December 8, 2008
Sanabria v Hillsborough County Nh Employee Sex Bias Suit Re Jail Prisoner Abuse Deposition 2007 COpy ~_ •. r THE UNITED STATES FEDERAL COURT FOR THE DISTRICT OF NEW HAMPSHIRE * * * * * * * * * * * * DORIS SANABRIA, * * Plaintiff, * v. * …
Brief • December 5, 2008
Surratt v Walker Il First Amended Complaint Guard Sexual Assault 2008 1:08-cv-01228-MMM-JAG # 10 Page 1 of 11 E-FILED Friday, 05 December, 2008 10:06: 15 AM Clerk, U.S. District Court, ILCD INTHELNITEDSTATES aSmCf CURT FCR THE CENTRAL aSTRICT CF IWN:1S PECRIAavrsICN Brandy Surratt, Plaintiff, No. v. Roger Walker, Debbie Denning, …
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