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, but that such beatings occurred with sufficient regularity to demonstrate a history of widespread brutality at FSP. The appellate court also affirmed an award of costs to defendants who had been voluntarily dismissed from ...
despite having an affirmative duty to do so. 25 26 9. That prior lO and on January 20, 2004, defendants, and each of them. had a cuswm and long-standing practice of using excessive force and abuse ...
Brief • July 17, 2019
Defendants COUNTY OF SAN BERNARDINO had knowledge, prior to 12 94. 13 and since this incident, of repeated allegations of abuse and assaultive misconduct 14 toward detainees and arrestees. Specifically ...
Brief • 2009
as if fully set forth herein. 33. The defendants conduct herein was an abuse of executive power so clearly unjustified by any legitimate objective of law enforcement as to be barred by the Fourteenth ...
are heavily involved in the investigation of crimes; they are solely responsible for what charges, plea bargains, and sentences a criminal defendant will face; and they have complete control over what evidence ...
for the charged misconduct of certain officers are powerful evidence of the individual police defendants’ motive, bias, and interest to provide false testimony and cover up misconduct when charged with abuse ...
with medical/health issues, specifically substance abuse/dependency issues, as determined by the classification plan. ANSWER: Defendants do not have policies and procedures based on housing classifications ...
despite allegations of abuse at two of the state’s private juvenile detention centers. “These programs offer unique services and facilities that should be maintained. We are therefore committed ...
Case • 2008
violence are often intended to dissuade a victim from resorting to outside help. A defendant's prior abuse, or threats of abuse, intended to dissuade a victim from resorting to outside help would be highly ...
Case • 1999
substantive due process right to be free from sexual abuse. Defendants urge dismissal of this claim, arguing that Ms. Peddle's allegations are subject exclusively to the Eighth Amendment, which provides ...
Brief • May 30, 2014
., and WILLIAM FAUST, in their individual capacities, Defendants. AMENDED COMPLAINT FOR DAMAGES Introduction On August 10, 2013, Mrs. West was involved in an auto crash in Tallahassee and was asked by Tallahassee ...
Case • 2003
that the district court did not abuse its discretion in limiting the collection of costs and expenses pursuant to K.S.A. 2002 Supp. 21-4603d(a) (8) by permitting the defendant to keep $10 per month in his inmate ...
Article • December 1, 2023 • from PLN December, 2023
Correctional Facility (CCCF), Oregon’s only women’s prison, has been plagued by one sex abuse scandal after another since it opened in 2001. [See: PLN Jan. 2022, p.46.] Each time, prison officials ...
Case • 1995
[4] decided: December 12, 1995. [5] BILLY WAYNE HORTON, PLAINTIFF-APPELLANT, v. JANIE COCKRELL, ET AL., DEFENDANTS-APPELLEES. [6] Appeal from the United States District Court ...
Brief • 2009
) MAYOR MICHAEL J. SULLIVAN, ) THE CITYOF LAWRENCE ) Defendants ) _________________________________________ ) COMPLAINT AND REQUEST FOR JURY TRIAL INTRODUCTION 1. This is an action to recover money damages ...
Article • April 15, 2013
Filed under: Civil Procedure, Estoppell
for the District of New Hampshire did not abuse its discretion in applying judicial estoppel to foreclose appellant’s claims in a bankruptcy case. Kevin and Lorraine Guay filed for bankruptcy under Chapter 11 ...
Publication
Pacific Juvenile Defender Center Testimony Before Senate Judiciary on Solitary Confinement 2012 VIA EMAIL June 15, 2012 The Honorable Richard Durbin, Chairman Senate Judiciary Subcommittee ...
“to name the correct defendants and to discover whether any delays on their part in providing medical treatment caused or exacerbated his Lithium toxicity” was an abuse of discretion ...
Case • 2004
for decisions applying a guideline--a fourth standard somewhere between "de novo" and "clearly erroneous" yet different from "abuse of discretion." n7 The Defendant urges us to apply a "de novo" standard. n7 ...
Publication
. Defendants charged with a drug offense may submit a request to the district attorney to enroll in a substance abuse treatment program as an alternative to prosecution. Eligibility for this diversion program ...
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