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Case • 2007
and unambiguous language." 27 As we generally defer to the Legislature in deciding whether and to what extent sovereign immunity should be waived, 28 we decline to extend Chapter 103's waiver beyond its express ...
Article • July 15, 2005 • from PLN July, 2005
if the incident you are suing occurred while confined and you bring the lawsuit while still confined. This requirement was imposed in 1996 by what is known as the Federal Prison Litigation Reform Act (PLRA ...
Boyle, are "the formalization of what they've been doing for the past six weeks." "The decision to segregate inmates without explanation or access to counsel appears to be driven by certain policies ...
. Other health workers had turned him away hours earlier. But the guard could see what they missed. Montgomery, son of a Pentecostal bishop and father of two young girls, was hours from death. His ...
epidemic with long-term public health implications, and when several million Americans per year are being released from jail or prison. "We should be looking at what public health opportunities ...
Case • 2003
that the statute is "so imprecise, and vagueness so permeates its text, that persons of ordinary intelligence cannot understand what conduct is prohibited, and the enactment authorizes or encourages arbitrary ...
Case • 2002
, sprayed him in the face with pepper spray, and then sprayed him a second time after he asked for the officer's name. Id. What happened in Foulk is similar to this case in that Treats was also sprayed ...
Case • 2003
issues. No evidence was presented other inmates sympathize with him or are themselves prepared to go on a hunger strike in response to [***17] his conduct. No anecdotal evidence was presented as to what ...
Article • December 15, 2003
institutions. This is exactly what is happening now. A Short History of Incarceration Reviewing a short history of incarceration in the United States during the twentieth century is necessary to understand ...
Case • 2003
. [16] It is well established that in evaluating a law enforcement officer's conduct, a court and jury should not view an incident with 20/20 hindsight but should base their judgment upon what ...
Case • 2007
to what commonly would be understood to be searches and seizures as an additional consequence of their convictions. If the person is sentenced to a term of imprisonment, then the Department of Corrections ...
Case • 2007
or regulation; (3) what effect accommodating the exercise of the right would have on guards, other prisoners, and prison resources generally; and (4) whether ready, easy-to-implement alternatives exist that would ...
Case • 2005
at the Millionaires' {sic} Club. When I discovered, after he took his polygraph, he disclosed what he had been doing or had not been doing. I followed up at the Millionaires' {sic} Club. They reported to me that he had ...
Case • 2001
confirms what is obvious: exposure to the human waste of others carries a significant risk of contracting infectious diseases such as Hepatitis A, shigella, and others. *fn1 There is no requirement ...
Case • 2005
charge to the custody of the Department of Corrections. What the Court is seeking to do is insert into the statute the prerequisite qualifier of "felony" into the first category of individuals when it does ...
Case • 2004
appealed this decision in what has been docketed as case number 03-1865. [24] Thus, in case numbers 03-1506 and 03-1865, we must review the propriety of the district court's orders dated February 18 ...
Case • 2008
was wearing his correctional officer uniform, attempted to detain him. Johnson took off into a field and Little Light went after him, initially on foot, and subsequently in his car. [14] What transpired ...
Case • 1997
in damages. [22] "`The existence of conflicting evidence limits the court's authority to overturn a jury verdict. The jury is entrusted with the choice of which evidence is more credible and what ...
Case • 2004
] JURISDICTION [19] Before turning to the merits of this appeal, we must first address a rather complex jurisdictional issue arising from what appears to be an untimely notice of appeal. On October 23, 2003 ...
Case • 2005
. [16] Nevertheless we do not think that the Fourth Amendment should be interpreted to reach the putting of questions to a person, even when the questions are skillfully designed to elicit what most ...
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