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Grayned v. City of Rockford-408 U.S. 104, 92 S.Ct. 2264, 33 L.Ed.2d 222 (1972)

Case • 1972

opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning.*fn3 Second, if arbitrary and discriminatory enforcement is to be prevented ...

Arnold v. Goetz-245 F.Supp.2d 527 (S.D.N.Y. 2003)

Case • 2003

simply stated: "Because I did not know what to do." (Am. Compl. at 3.) [15] Shortly after the plaintiff filed his Amended Complaint, the defendants moved to dismiss this action. They contend ...

Morales v. Tilton-465 F.Supp.2d 972 (N.D. Cal. 2006)

Case • 2006

(and particularly trial courts) exist not to resolve broad questions of social policy but to decide specific legal and factual disputes, it is important at the outset for this Court to make very clear what this case ...

Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies

Article • March 15, 2000 • from PLN March, 2000

Filed under: Out of State Transfers, Corrections Corporation of America/CoreCivic, HIV/AIDS, Systemic Medical Neglect, Medical Records, Escapes, Failure to Protect (General), Eighth Amendment, Attorney Fee Awards, Injunctions (PLRA), Guard Brutality/Beatings, Civil Procedure, Damages, Settlements, Defenses, State Law Claims, Standing, Parties, Qualified Immunity, Contractor Liability, Failure to Protect (Wrongful Death)

continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and litigators, what is new are some of the legal theories being ...

Sierra Club v. Meiburg-296 F.3d 1021 (11th Cir. 2002)

Case • 2002

court deferred ruling on Sierra Club's motion pending Georgia's development of the implementation plans. Once Georgia filed with the court what it asserted were the required plans, EPA moved to have ...

Personal Restraint Petition of West-154 Wash.2d 204, 110 P.3d 1122 (Wash. 2005)

Case • 2005

in the assault case.' Id.*fn1 In doing so, the Court of Appeals determined what the trial court meant by its handwritten notation. In Phelps, as in this case, the key issue was not what the trial court meant ...

Cassels v. Stalder-342 F.Supp.2d 555 (M.D. La, 2004)

Case • 2004

on grounds of prescription. [46] 5. Qualified Immunity [47] The Court must examine which parties, in what capacities, are the proper defendants with regard to each individual claim. Plaintiff ...

Berweger v. County of Orange-121 F.Supp.2d 334 (S.D.N.Y. 2000)

Case • 2000

.), and McLean allegedly replied, "I did what I had to do to save my contract." (Id.) [48] On or about July 21, 1998, Ashman accused Berweger of improper behavior in the conduct of her duties. Berweger ...

Conroy v. New York State Department of Correctiona-333 F.3d 88 (2nd Cir. 2003).

Case • 2003

, states "recuperating from minor surgery" or "treated for a minor foot injury", this is a sufficient diagnosis. [40] It is clear that even what DOCS refers to as a "general diagnosis" may tend ...

Pierson v. Ray-386 U.S. 547, 87 S.Ct. 1213 (1967)

Case • 1967

was influenced by irrelevant and prejudicial evidence. Accordingly, the case must be remanded to the trial court for a new trial. [23] It is necessary to decide what importance should be given at the new ...

From Cages to the Community: Prison Profiteers and the Treatment Industrial Complex

Article • March 6, 2018 • from PLN March, 2018

Filed under: Private Prisons, Prison Reform, Criminal justice system reform, Private Contractors, Alternative Sentencing, Mental Health, Drug Treatment/Rehab, Sex Offender Treatment, Failure to Treat (Mental Illness), Involuntary Treatment/Drugging, Civil Commitment, Private Corrections Industry News

by a profit-pinching 8% since 2012. So what is a prison profiteer to do? Diversify – and follow the money. The Treatment Industrial Complex While the prison population has dipped slightly in recent years ...

Twenty-Five Years of Prison Legal News

Article • May 6, 2015 • from PLN May, 2015

Filed under: Editorials, Advocacy, Prisoner Media, Articles About PLN

by criminal justice policies but were also the ones almost entirely absent from what passed as debate. There was a lack of political consciousness and awareness among prisoners, and widespread ignorance about ...

U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction

Article • July 15, 2011 • from PLN July, 2011

Filed under: Systemic Medical Neglect, Contagious Disease -- Misc., Totality of Conditions, Overcrowding, Eighth Amendment, Staffing, Sewage, Water, Injunctions (PLRA), Civil Procedure, Special Masters, Parole, Failure to Treat (Mental Illness), Suicides, Federal Legislation

%. The Supreme Court found this was a reasonable balance based upon the evidence, and thereby compliant with the requirements of the PLRA. What the Supreme Court’s  Decision Requires The Court’s ruling has ...

Bernhardt v County of Los Angeles Ca Plt Appeal Brief Atty Fees 2007

Brief • November 1, 2007

any change. Argument I. BERNHARDT'S CLAIMS FOR PROSPECTIVE RELIEF ARE MOOT UNDER THE LAW OF THE CASE DOCTRINE The County is not entirely clear what Bernhardt seeks when she contends that her claims ...

Dillon v. Rodgers, Complaint, La, Katrina Aftermath-beating, 2007

Brief • March 1, 2007

adequate medical care. 2. When Katrina hit the gulf coast region, the world watched much of the chaos and tragedy that ensued. Less was reported, however, about what happened to those being held in local ...

Pearson v Callahan Ut Amicus Brief S Ct Qualified Immunity 2008

Brief • August 13, 2008

be sufficiently clear that a reasonable official would understand that what he is doing violates that right. This is not to say that an 5 official action is protected by qualified immunity unless the very action ...

Ervin v Snell Wy Second Amended Complaint Guard Retaliation 2009

Brief • 2009

now!" "Come on let's handle this foo1." meaning the Plaintiff, Steven R. Ervin was to get a beat down. At which the Plaintiffs response was, "What ever I was in the back room talking about is nobody's ...

Vodak v City of Chicago Il Plf Reply in Supp Mot for Partial Sj Police Unreasonable Seizure 2008

Brief • August 28, 2008

to qualified immunity for their participation in the arrests. l It is unclear, however, from Defendants' chaotic and confusing arguments what specific crimes they allege Plaintiffs and Class members committed ...

Carnaby v City of Houston Tx Plf Brief in Supp Response to Def Mot Police Deadly Force 2008

Brief • October 20, 2008

this information to figure out the facts and circumstances surrounding Roland’s Carnaby’s death to ascertain what happened and why it happened and to analyze whether changes need to be made to HPD practices ...

Adams v. CCA, CO, Plf App Reply Brief, prison riot, 2007

Brief • October 4, 2007

Filed under: Corrections Corporation of America/CoreCivic, Prison Rebellion, Failure to Protect (General), Guard Brutality/Beatings, Disclosure of Records, Failure to Train/Supervise

. . And even if the construction demanded by the plain text is not what the Assembly intended, it is the Assembly that must rewrite the statute, not this Court. Finally, CCA asks this Court to decide two issues ...