Skip navigation

Search

6942 results
Page 215 of 348. « Previous | 1 2 3 4 ... 211 212 213 214 215 216 217 218 219 ... 344 345 346 347 348 | Next »

Article • May 15, 2007
Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld by Connecticut Police Officers' Liability in Beating Handcuffed Arrestee Generally Upheld The U.S. Second Circuit Court of Appeals generally upheld a judgment on a jury verdict against New Haven, Connecticut police officers who beat and dragged a handcuffed Army captain …
Connecticut Prisoner's Suit Reopened by The U.S. District Court for the District of Connecticut, citing Federal Rule of Civil Procedure (Fed.R.Civ.Proc.) 60(b)(6), held that a Connecticut state prisoner could reopen his federal civil rights suit that had been previously dismissed. Stephen Smith, a prisoner in custody of the Connecticut Department …
Article • May 15, 2007
CA. Petitioner Entitled to Fees and Cost of Successful Records Claim by California's First District Court of Appeals held a petitioner is a prevailing party in an action seeking release of documents when those documents are released voluntarily to resolve the litigation, and an award of attorney fees and costs …
Article • May 15, 2007
Bad Faith Allegation Not Required in 1983 Action by The U.S. Supreme Court held that a plaintiff in a 42 U.S.C. §1983 action is not required to plead the defendant acted in bad faith. Carlos Riviera Gomez, a Puerto Rico police officer, was subpoenaed to testify in a criminal case …
Article • May 15, 2007
BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse by BOP Visit Rules Do Not Create Liberty Interest; Spouse May Sign Documents on Behalf of a Spouse The Eleventh Circuit Court of Appeals has held that the Federal Bureau of Prisons (BOP) …
Article • May 15, 2007
Religious Name Changes Required To Follow State Procedure by The U.S. Court of Appeals for the Seventh Circuit held that a prisoner could be required to follow state name-change procedures in order to have the name change recognized by prison authorities; declaratory relief not included in the judgment itself was …
Article • May 15, 2007
Settlements Are Public Records in California by California's Fourth District Court of Appeals affirmed a trial court's order requiring Orange County to release documents related to the settlement of a lawsuit brought by a pre-trial detainee at the county's jail. The detainee, a convicted child molester, claimed the county negligently …
SJ for Guard in Prisoner's Rape Suit Improper by The U.S. Court of Appeals for the Ninth Circuit held that summary judgment in favor of four prison officials was proper but summary judgment in favor of a guard was not. Plaintiff, a Washington state prisoner who was in protective custody, …
Summary Judgment Precluded By Fact Issues in Jail Killing by The U.S. Court of Appeals for the First Circuit held that material issues of fact precluded summary judgment in favor of jail officials who were being sued by the family of a murdered prisoner. After William Arena Cortes was killed …
Article • May 15, 2007
636(b)(1)(B) Authorizes Nonconsensual Referral To Magistrate by The U.S. Supreme Court held that 28 U.S.C.A. § 636(b)(1)(B) authorized nonconsensual referrals to a magistrate both in cases involving challenges to ongoing conditions of confinement and cases where a specific instance of constitutional violations by prison officials is alleged. Petitioner John McCarthy, …
Article • May 15, 2007
Mandamus Appropriate in MO Ad Seg Case by The Supreme Court of Missouri ruled that an administrative segregation prisoner's habeas corpus petition was inappropriate because prison conditions of cruel and unusual punishment were not alleged. The state prisoner was seeking release from protective custody and into the general population. The …
Article • May 15, 2007
Michigan: Relevant Documents Must Be Provided in Disciplinary Action by The Court of Appeals of Michigan held that a state prisoner's due process rights were violated when he was refused access to documents relevant to his disciplinary case. Joseph Tocco received a major disciplinary case for allegedly participating in a …
Article • May 15, 2007
Dismissal for Local Rule Violation Reversed in OK Jail Beating by The Tenth Circuit Court of Appeals held the dismissal of a complaint for violation of a local rule of procedure is too harsh, that Oklahoma's two- year statue of limitations applies to §1983 suits, and that the prisoner stated …
Dismissal of Suit Against Alabama County for Juvenile Suicide Reversed by The Supreme Court of Alabama held that a circuit court erred when it dismissed a suit against the county stemming from a juvenile's death in county jail. Charles Keeton brought suit against Fayette County on behalf of his juvenile …
Article • May 15, 2007
Early Release Prospect Does Not Transform § 1983 into § 2254 by Early Release Prospect Does Not Transform § 1983 into § 2254 The Third Circuit Court of Appeals determined that a state prisoner's success in a litigation that might increase chances for the prisoner's early release does not transform …
Classification Ordered in Maryland Prison to Reduce Rape by A Maryland federal district court ordered prison officials at the Maryland State Penitentiary and the Maryland Reception and Classification Center (MRDCC) to devise an efficient classification system to identify prisoners at risk of rape and to implement procedures to prevent prisoners …
Colorado Prisoners Win Partial Reversal on Religious Claims by Two Colorado state prisoners won partial reversal of an adverse summary judgment ruling in their civil rights suit contesting Colorado Department of Corrections (CODOC) administrative regulations prohibiting practice of their Christian Identity Faith and classifying Christian Identity as a Security Threat …
Article • May 15, 2007
Consent Decree Entered Regarding Minnesota Prison Medical Care by On May 27, 1997, a consent decree enumerating the medical rights of prisoners in the Minnesota State Prison was entered in the District Court for the District of Minnesota. Plaintiffs, Minnesota state prisoners, brought an action under the Civil Rights Act …
Constructive Dismissal Defeats Summary Judgment in MA Whistle Blower Suit by A Massachusetts Federal District Court denied summary judgment to Suffolk County in a guard's 42 U.S.C.§ 1933 action alleging he was forced to quit because he broke a "code of silence" when he reported a fellow guard's misconduct. The …
Article • May 15, 2007
Deposition Sufficient to Present Testimony by An imprisoned attorney petitioned the Ohio Supreme Court for the issuance of a writ of habeas corpus ad testificandum compelling his conveyance to a hearing of the State Bar to answer a complaint filed against him. Absent a showing that his personal appearance outweighed …
Page 215 of 348. « Previous | 1 2 3 4 ... 211 212 213 214 215 216 217 218 219 ... 344 345 346 347 348 | Next »