Skip navigation

Search

71795 results
Page 2244 of 3590. « Previous | 1 2 3 4 ... 2240 2241 2242 2243 2244 2245 2246 2247 2248 ... 3586 3587 3588 3589 3590 | Next »

Contempt Order Extends Life of Georgia Jail Settlement Agreement by Georgia's Third Division Court of Appeals has held that the failure to purge a contempt finding was sufficient to extend the duration of a settlement agreement. The Georgia trial court found that Dekalb County and various county officials had failed …
Article • May 15, 2007
Nominal Damage Awards Must Apply to All Class Members by The Ninth Circuit Court of Appeals has held that each member of a class action is entitled to receive a nominal damage award, not just the named class representatives. Additionally, the Court held that a district court cannot award attorney …
Article • May 15, 2007
Habeas Corpus Petitioner Convicted for False Declarations by The Fourth Circuit Court of Appeals affirmed a habeas corpus petitioner's conviction for two counts of violating 18 U.S.C. § 1623, which criminalizes the making of false declarations before a court. The petitioner filed a habeas corpus petition in federal court in …
Article • May 15, 2007
Habeas Corpus Review Restricted in Military Trials by The Tenth Circuit Court of Appeals held the writ of Habeas Corpus is unavailable to persons convicted by a military tribunal when that tribunal gave fair and full consideration to the questions raised in the Habeas petition. William M. Lips was convicted …
Article • May 15, 2007
Sanction Imposed for NY AG's 1-Year Delay in Answering Complaint by A New York federal district court set aside a default judgment in a prisoner's civil rights case, but imposed a $500 sanction for the one- year delay in responding. A prisoner at New York's Woodburns Correctional Facility sued under …
Winning Appeal Not Enough to be Prevailing Party for Fees by The U.S. Supreme Court has held that a party who prevails on an appeal and is granted a new trial is not a prevailing party entitled to an award of attorney fees. This civil rights action was filed by …
Article • May 15, 2007
Filed under: Sentencing, Habeas Corpus
Hearsay Police Report with Indicia of Reliability Allowed in Parole Revocation Hearing by Hearsay Police Report with Indicia of Reliability Allowed in Parole Revocation Hearing The Circuit Court of Appeals for the District of Columbia held that a parole board may consider a police report when other evidence of reliability …
Article • May 15, 2007
High-Speed Police Chase Requires Intent to Harm for Liability by The United States Supreme Court held that high-speed chases with no intent to harm suspects physically, or to worsen their legal plight, do not give rise to liability under the Fourteenth Amendment that can be redressed by an action under …
Article • May 15, 2007
Washington Good Time Policy Violates Ex Post Facto Clause by Division 1 of the Washington State Court of Appeals (Div. 1) has held that a state Department of Corrections (DOC) policy may not be used to deprive prisoners convicted before it was enacted of earned time for not participating in …
Guard's Liability for Florida Prisoner's Suicide Jury Question by By David M. Reutter A Florida Appeals Court held that a jury, not a judge, must determine if a guard at the Pinellas County Jail (PCJ) is entitled to sovereign immunity and qualified immunity. This case was before the court on …
Article • May 15, 2007
Officials Engaged in Routine Medical Procedures not Deliberately Indifferent; Supervisors May be Liable by The Second Circuit Court of Appeals has held that persons engaged in the performance of routine medical procedures were not deliberately indifferent to the plaintiff prisoner's serious medical needs in this case. Supervisory prison officials, however, …
Article • May 15, 2007
Sheriff Denied Qualified Immunity in Jail Suicide by The Eighth Circuit Court of Appeals affirmed a district court's denial of qualified immunity to the Lincoln County, Nebraska, Sheriff in a jail suicide case. On December 8, 2001, Lincoln County Officers responded to a 911 call from an emotionally despondent Dennis …
Article • May 15, 2007
Filed under: Sentencing, Parole
Washington Parole Revocation Process Upheld by The Ninth Circuit Court of Appeals held that a Washington State Parole Board was within its discretion of setting a parolee's minimum term at 108 months without giving written reasons, and a formal on-site hearing conducted within 21 days after parole was suspended was …
Article • May 15, 2007
BOP Rule Limiting Detainee's Ability to Publish Books Unconstitutional by A Missouri federal district court held that a Bureau of Prisons (BOP) regulation that limited an unconvicted prisoner's ability to produce and to have published manuscripts violated the prisoner's fundamental constitutional rights. This habeas corpus proceeding was filed by a …
Article • May 15, 2007
Segregated and Illiterate Pennsylvania Prisoners Entitled to Legal Aid by A Pennsylvania federal district court held that prison administrators must provide legal assistance to prisoners in segregation and those who are functionally illiterate. This action was filed by prisoners at Pennsylvania's State Correctional Institute at Graterford. The Court entered relief …
Article • May 15, 2007
Filed under: Sentencing, Parole
Federal Supervised Release Begins on Day of Release From Imprisonment by The Third Circuit Court of Appeals held that a defendant's period of supervised release begins on the day the defendant is released from imprisonment. The defendant in this case was released to a Pennsylvania halfway house and later paroled …
Article • May 15, 2007
Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit by Arizona Statue of Limitations Tolled Until Prisoner Knows of or Should Have Known of Right to Bring Suit The Ninth Circuit Court of Appeals held that Arizona law tolls the statute …
Article • May 15, 2007
Guards Have Constitutional Privacy Right to Associate with Ex-Prisoners Off-Duty by Guards Have Constitutional Privacy Right to Associate with Ex-Prisoners Off-Duty A Delaware federal district court has held that a prison regulation that prohibits guards from associating with ex-prisoners violates the guard's privacy rights. This action was filed by a …
Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved by Limits Imposed on Court Conversion of Actions; BOP Law Enforcement Notification Implicitly Approved The Seventh Circuit Court of Appeals has held that a district court's re-characterization of a prisoner's action was improper. This action was filed …
Article • May 15, 2007
Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation by Federal Class C Felony Permits 24 Months or Less Imprisonment Upon Supervision Revocation The Fifth Circuit Court of Appeals held that a defendant may not be sentenced to more than 24 months imprisonment upon the revocation …
Page 2244 of 3590. « Previous | 1 2 3 4 ... 2240 2241 2242 2243 2244 2245 2246 2247 2248 ... 3586 3587 3588 3589 3590 | Next »