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Article • May 15, 2007
the defendant is extensively warned about what conduct will result in activating the belt, and is supposed to be warned before it is actually activated. The stun belt is less damaging to the dignity ...
submitted the grant application for the federal grant "were acting in anything other than their official capacities." (The Supreme Court rejected this notion of what official capacity means in Hafer v. Melo ...
discretion in what to make confidential, since there was some indication that the plaintiff had set up his cellmate and disclosure of the information source was important in clearing him of the charge ...
Article • May 15, 2007
is foreclosed by § 1997e(a) from litigating. Failure to do what the state requires bars, and does not just postpone, suit under § 1983. The fact that the system has discretion to permit late appeals doesn't ...
Article • May 15, 2007
that they didn't expose him to an "excessive risk to his health and safety" (1147) (apparently this is what passes for the court's Eighth Amendment analysis) and transfer to the jail for court proceedings, rather ...
Article • May 15, 2007
further disabling brain injury as a result of trauma including a facial fracture. However, as a result of that injury, he couldn't remember what had happened. Excessive force claims by pre-trial detainees ...
Article • May 15, 2007
the harassment to his superiors but claimed that after an initial investigation they took no further action. What's more, he claimed, they began to retaliate against him by assigning him to less desirable ...
Article • May 15, 2007
Filed under: Media, Censorship
since the statute's denial of adult access to such messages far exceeds what is necessary to prevent minors from being exposed to the messages. In 1988 Sable Communications, Inc. (petitioner) brought suit ...
. The Eighth Amendment does not protect against the confiscation of materials intended to be used in writing a book; that's what the First Amendment is for. The plaintiff's allegation that other prisoners ...
from what defendants provide is neither here nor there. At 1081: "The Constitution does not command state officials to follow the majority view of a given professional association." Treatment may ...
Article • May 15, 2007
, it has waived a timeliness defense in a subsequent lawsuit." . . . Our holding does not suggest any disagreement with the rule established in Ester, which we regard as sound. . . . What this seems ...
Article • May 15, 2007
continued for almost two and a half years. This is not a non-cognizable "push and shove." (758 n.3) The court does not explain what place this de minimis analysis has in a Fourth Amendment case. See: Young ...
Article • May 15, 2007
of their annual training requirement. It's unbelievable what they're doing. Just totally unacceptable." California guards must complete 52 hours of annual retraining in such things as firearms, use of force ...
PLN, January 2000, p. 17 for more]. And it?s no wonder. If guards treat each other this way, one can only imagine what they do to the prisoners. Judge James P. Jones presided. Givens was represented ...
Article • May 15, 2007
considerations of fairness dictating that individuals should have an opportunity to know what the law is and to conform their conduct to it. When a court is confronted with a new statute, it must determine ...
be followed, but it would be clearly improper for the warden to tell a member of the committee what the decision of the committee should be. The court of appeals vacated the case. See: Crooks v. Warne, 516 F.2d ...
Article • May 15, 2007
it constitutionally preclude its use by those who do not?" The state argued three grounds to justify its action, but the Court categorically rejected each. The Court felt compelled to "repeat" what it has "so truly ...
Article • May 15, 2007
metal. When Andrews complained, Ashba ordered him to "stop whining." The record contains no information about what ultimately happened to Andrews' wrist. The district court dismissed Andrews' 42 U.S.C ...
, sentence, or conduct reports, or result in revocation of conduct reports or restoration of good time. (What would it result in? The court doesn't say, but plaintiff seeks damages and an injunction ...
Article • May 15, 2007
was looking at his file to determine what he could tell him about seeing his children, writing a report about the phone call, and speaking to other prisoners who stopped in his office. The decedent was found ...
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