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Article • May 15, 2007
and candles can cause fires; rocks and stones may be used to harm prison staff and jam locks. The defendants allow a type of nonflammable oil, and plaintiff hasn't shown that what he wants is nonflammable ...
because he couldn't hear what they were saying). Police investigative activities are "government programs" under the Americans with Disabilities Act, as long as the circumstances are secure ...
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
. The Sixth Circuit has said that multiple plaintiffs should split the filing fee. At 247: None of these cases hold that multiple plaintiffs in a single suit must each pay the entire filing fee, which is what ...
Article • May 15, 2007
and others were observed "acting strangely" and staff told a passing police officer, who stopped in "to assess the situation." They found what looked like drugs and drug paraphernalia. The plaintiff ...
Article • May 15, 2007
consider the content and effect of the communication, including what the EEOC does upon receiving the communication." Delay by the administrative agency in assigning a charge number within the limitations ...
Article • May 15, 2007
what if any administrative remedies are now available at the prison the plaintiff has been transferred to, apparently because it measures "available remedies" as of the time it rules rather than ...
Article • May 15, 2007
Filed under: Family, Family Law
, but it grants a six month stay to allow the agency to make further changes without unnecessary interference by the court. (So what does that mean? The injunction may not go into effect? Probably it means ...
to the substance of the filing rather than its label. . . . And what Antonelli filed is not a motion in the 1978 criminal case but in actuality a separate, unrelated civil action raising a facial challenge to a BOP ...
Article • May 15, 2007
Amendment claim. The plaintiff named many correctional staff members as defendants but didn't say who did what when. He is directed to file an amendment to his complaint containing a short and plain ...
. The plaintiff failed to state what relief he sought from certain defendants. Rule 8(a), Fed.R.Civ.P., says a complaint should include "a demand for judgment for the relief the pleader seeks." If the complaint ...
Article • April 15, 2007 • from PLN April, 2007
. Additionally, the Department of Transportation lost data on 40 of its employees. An angry public employees? union demanded to know when the breach occurred, what had been done to correct it, and whether IDOC ...
Article • May 15, 2006 • from PLN May, 2006
because this jury heard what actually happens behind those walls and was outraged. See: Shaw v. San Joaquin County, USDC ED CA, Case No. 2:01-CV-1668-MCE-PAN. ...
and the need of a civil rights remedy for it is underlined by what has been observed around the country as to the code of silence in police departments. The court goes on to comment about additional evidence ...
Article • May 15, 2007
. The Court held the evidence was sufficient to show a cold hearted, causal unwillingness to investigate what can be done for a man who is obviously in desperate need of help." Therefore, the jury's finding ...
Article • May 15, 2007
) The law adversely affected prisoners who were convicted before its enactment. 2) A law that is determined to adversely affect a prisoner's sentence, regardless of what the surface language seems to imply ...
Article • May 15, 2007
out a constitutional claim before addressing qualified immunity, the court does not address what the standard for searches of employees is. The plaintiff also argued that her Fourteenth Amendment ...
Article • May 15, 2007
which was discovered during surgery yet the surgeon failed to biopsy or remove it. The prisoner also claims that the internist either missed the cancer or became confused about what part of the bowel he ...
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 ...
as to his or her belief about what took place involving an inmate is not something a reasonable officer would understand to violate a federal right." A hearing officer who directed an officer witness ...
dismissed at screening for non exhaustion. At 978: "Although the judge used 28 U.S.C. § 1915A to act peremptorily, failure to employ administrative remedies is conceded, so invocation of what ordinarily ...
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