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Article • May 15, 1998 • from PLN May, 1998
affirmed. The ruling gives an extensive discussion to the interpretation and enforcement of injunctions and the doctrine of collateral estoppel. What makes this ruling newsworthy, however, are its numerous ...
Article • December 15, 2007
. On remand, the DOCS still refused to release some tapes and redacted the majority of what was released claiming exemption for concerns of prisoner and staff safety. The court rejected the arguments but did ...
Disciplinary Rule Description Rather than Title Controls by The West Virginia Supreme Court of Appeals has held that "it is the content of what is contained under a title that is critical ...
disparaging remarks about the institution, handed them a flyer, and suggested they could not believe what officials told them. He was disciplined for "unauthorized contact with members of the general public ...
Article • May 15, 2008
medical needs as is necessary to support a claim under Estelle. ... What is required is that prison officials be mindful of side effects and take reasonable steps to avoid serious harm." See: Maldonado v ...
Article • May 15, 2007
) the prisoner requested to call witnesses but the request was denied; (2) that the witnesses were material as evidenced by a list of specific witnesses requested and a brief statement of what their testimony ...
Article • May 15, 2007
and employees. Though supervisors knew or should have known what was happening because of past incidents at the jail, the plaintiffs contended, Crowder and Sykes were permitted to work together on the same shift ...
for a new trial; he did. As it was unlikely the litigant would know what grounds exist for a new trial, the court discussed the relevant issues. First, despite the Court's admonishment at the onset ...
Article • May 15, 2007
are justified by safety, security, and management interests, even though she has been subjected to them for a year and a half, without ever saying what the conditions are. See: United States v. Johnson, 225 ...
Article • May 15, 2007
to be both a settlement and not a settlement." However, that's what the settlement says, the terms are material, so the court remands for trial on this settled claim. See: Smalbein v. City of Daytona Beach ...
Article • May 15, 2007
. The prisoner was taken to the hospital and given fluids. It is unknown what other treatment he received, but his temperature was recorded as 103 degrees. Upon his return to the jail, probably the same day, he ...
based on [her] race and sex" were too vague). . . . Plaintiff's charge provides no clue as to what acts, or types of acts, contributed to the alleged hostile work environment, or which co-workers ...
into evidence notwithstanding a claim of attorney-client privilege, absent evidence regarding who, if anyone, received it other than its addressees, or what the addressees did with it or whether they considered ...
., not produce cocaine metabolites) and there was no room for interpretation of what he said, the denial was harmless error. As a result of the disciplinary conviction, the Bureau of Prisons forfeited the one ...
then stopped to see what was wrong. As he attempted to clean the sprayer, the sprayer suddenly shot out a gust of paint onto Schmolke's left hand. Schmolke was taken to St. Peter's Hospital where he received ...
portion of compliance. Therefore, the court did not set the amount of the contempt fines, but issued a separate order instructing defendants in what they must do purge themselves of the contempt findings ...
Article • May 15, 2007
. DOC frequently uses these excuses or statutes to deprive prisoners' of their rights. The court held that DOC failed to show what danger they foresee to the security of the institution or protection ...
Article • May 15, 2007
Child Development Center. When he got the job there he was on parole for child molestation and his probation officer didn't even know where he was working or what he was doing, even though he ...
Article • May 15, 2007
12, 1995, by guard Eugene Porter. Porter made statements such as:" I know you want this big black dick; we can get together later baby. You don't know what it's like unless you've had a black man ...
Article • May 15, 2007
be incredible that anybody would believe that there was not the slightest political motivation in what had happened in this case. The 1st Circuit then affirmed the district court in all respects. See: Rodriguez ...
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