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Criminal Law Update
Article • August 15, 2003 • from PLN August, 2003
Filed under: Vehicle Searches, Sentencing, Habeas Corpus, U.S. Sentencing Guidelines, Death Penalty
application of federal law. Court holds that a court must first decide and determine what an incorrect interpretation of the law is. The court can then determine whether the lower court decision is unreasonable ...
Los Angeles County Liable Under § 1983 for Jail Detainee's Murder
Article • August 15, 2003 • from PLN August, 2003
Filed under: Gang Policies, Crime/Demographics, Prison/Jail Murders, Failure to Protect (General), Eleventh Amendment Immunity, Municipal Liability, Failure to Protect (Wrongful Death)
a methodology for determining whether a lower court decision involved an unreasonable application of federal law. Court holds that a court must first decide and determine what an incorrect interpretation ...
Joe Arpaio: America’s Toughest Sheriff or Most Corrupt?
Article • March 15, 2007 • from PLN March, 2007
Filed under: Jail Misconduct, Disabled Prisoners, Retaliation, Retaliation against Staff, Excessive Force, Disclosure of Records
, as he and his wife, Ava, own more than $2 million in real estate holdings. What's more, the Arpaios have paid around $690,000 in cash to purchase three properties since 1995 -- which is impressive ...
Smith v. City of Detroit-212 F.R.D. 507 (E.D.Mich. 2003)
Case • 2003
identity, for an examination limited solely to what house he went into for the subject drug buy and what he told the officers about that location." After conducting a search for him, the Defendants located ...
Corpus v. Bennett-430 F.3d. 912 (8th Cir. 2005)
Case • 2005
, what nominal sum of money will fairly and adequately compensate plaintiff Jose Corpus for the deprivation of his constitutional rights?"-the jury entered $75,000. The introductory clause to Question 3 ...
Hoskins v. McBride-202 F.Supp.2d 839 (N.D.Ind. 2002)
Case • 2002
, and the case was remanded because Hoskins had asked for a statement from Brown, and instead the CAB used a hearsay statement from Captain Morton as to what Brown said. Resp.'s Ex. 11. A second CAB hearing ...
Williams v. Drake-146 F.3d 44 (1st Cir. 1998)
Case • 1998
the fray. While Williams lay prostrate, the officers cuffed his hands and shackled his legs. Drake then knelt down, placed his hands around Williams's neck, squeezed, and asked: "Is this what you want? Have ...
Williams v. McGinnis-192 F.Supp.2d 757 (E.D.Mich. 2002)
Case • 2002
-judicial capacity. That decision is unchallenged. What Williams contests is whether that immunity also applies to declaratory judgments, which he is also seeking. It is true that quasi-judicial immunity does ...
Reed v. Anderson-141 F.Supp.2d 961 (N.D.Ind. 2001)
Case • 2001
relief as what is provided, by federal mandate, at a prison board's initial determination of guilt. Reed is incarcerated, and was incarcerated during the time period in question, at the Indiana State ...
Black-Hosang v. Ohio Dep't of Pub. Safety-USDC, S.D. Ohio, Case No. 2:01-00623 (Sept. 2, 2005)
Case • 2005
or established, the court must determine whether the constitutional right in question was clearly established at the time of the alleged event, such that a reasonable official would understand that what he ...
Mahoney v. State of New York-Court of Claims, #2008-013-501, Claim No. 108642
Case • 2009
, was covered with a roof but otherwise open to the elements and was what might be called a porch. The entire structure sat on a platform which was one step elevated off the ground. The height of the step ...
First Defense Legal Aid v. City of Chicago-319 F.3d 973 (7th Cir. 2003).
Case • 2003
] What is more, the district court's injunction extends beyond the attorney-client relation to require the police to admit attorneys who have not yet been engaged as counsel. This is why we referred ...
Snider v. Fox-218 W.Va. 663, 627 S.E.2d 353 (W.Va. 2006)
Case • 2006
. We disagree.*fn6 [34] In an effort to not elevate form over substance, we must recognize that it is the content of what is contained under a title that is critical in most instances ...
CDCR v. WCAB-166 Cal. App. 4th 911, 82 Cal. Rptr. 3d 920 (Cal. App. 3rd Dist. 2008)
Case • 2008
for a physician's report to be considered complete on the issue of permanent disability, the report must include an apportionment determination. A physician shall make an apportionment determination by finding what ...
Beal v. City of Seattle-150 Wn. App. 865, 209 P.3d 872 (2009)
Case • 2009
[***4] or staff ask for clarification, or say anything indicating that they didn't understand what we wanted them to give us for future use.? ¶5 Bauer ?did not hear anyone ask for public records during ...
Morgan v. Hubert,-335 Fed.Appx. 466 (5th Cir. 2009)
Case • 2009
) failed to train his staff in matters of inmate safety; (3) failed to train his staff to determine what remedial action was necessary after an attack to prevent future assaults; and (4) failed to provide ...
Deer v. DSHS-122 Wn. App. 84 (Div II, WA Ct. App. 2004)
Case • 2001
to achieve its purpose of preserving the sovereignty of the people and the accountability of the governmental agencies that serve them. 5. Open Government, Public Disclosure, Public Records, What Constitutes ...
The Forgotten Tale of How America Converted Its 1980 Olympic Village Into a Prison
Article • November 22, 2016
Filed under: Cost of Prison Systems, Overcrowding, Prison Tourism/Consumerism, Rural Prisons
weeks.  The so-called “Olympic Prison” triggered what Sports Illustrated declared “a revolt, unprecedented in Olympic history,” as a growing number of visiting ...
If the Risk is Low, Let Them Go
Article • December 7, 2016 • from PLN December, 2016
Filed under: Parole Board Misconduct, Prisoner Privileges, Education, Rehabilitation/Recidivism, Release and Reentry, Good Time, Parole, Parole Conditions
factors in a person’s record when deciding whether or not to release them. So he began advising prisoners to file what is called an “Article 78” with the state Supreme Court, which ...
Reforms at New Orleans Jail Slow to Materialize; Death Reporting Problematic
Article • December 8, 2016 • from PLN December, 2016
Filed under: Guard Misconduct, Jail Misconduct, Prison Reform, Failure to Treat, Failure to Protect (General), Jail Specific, Settlements, Disclosure of Records, Failure to Protect (Wrongful Death), Medical Neglect/Malpractice, Suicides
ones who died in custody. “The families feel like they have to become sleuths and figure out what happened by themselves. It’s a terrible way to have to handle this,” said attorney Mary ...
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