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the Fourteenth Amendment and not the Fourth. Under the due process clause, conduct must "shock the conscience" to be actionable. What shocks the conscience depends on context. Failure to protect from a known ...
Article • May 15, 2007
Filed under: Mental Health, Suicides
took steps to reduce the risk that he would commit suicide--removing drugs from his person, bedroom, and car, thereby eliminating access to what he had used previously to attempt suicide. See: Brown v ...
Article • May 15, 2007
MA DOC Refuses to Process Civil Rights Grievances by The practice of what is grievable is shown to diverge from the written policy. At 77-78: From the proceedings that transpired below ...
Article • May 15, 2007
a choice. The court concludes that the plaintiff has not shown irreparable injury. Death is not considered in the irreparable injury analysis, since what is at issue is only the means of death ...
or by descriptive language, of who the proposed class representatives are." (186) (Their names are listed, but what subclass they are supposed to be representing is completely unclear in many cases.) Also, some ...
Article • May 15, 2007
Filed under: CMS, Civil Procedure, Parties
in the grievance procedure. Nor is it sufficient to establish what action or inaction taken by CMS is being challenged. The grievance does not indicate CMS as a party who caused his injuries and against whom ...
Article • May 15, 2007
necessary for the Court to determine what, if any, claims have been exhausted. Further, the Court, pursuant to the holding in Baxter v. Rose, supra, may not look to the amended complaint or any supplemental ...
Article • May 15, 2007
is dispositive of what prison officials are deemed to know about a security matter.) Defendants' failure to notify the plaintiff about a threat to him was not deliberate indifference, since the plaintiff knew ...
Article • May 15, 2007
indicated that it does not yet know what they are. Therefore, the court reversed the shackling orders but did not preclude reinstatement of a similar policy upon a showing of adequate justification ...
Article • June 15, 2007 • from PLN June, 2007
of prison and jail court cases and other information, far beyond what the magazine can publish in print format. Visit our website at www.prisonlegal news.org. For prisoners who do not have internet access ...
Article • May 15, 2007 • from PLN May, 2007
. I don?t like setting a precedent of paying for things we didn?t do,? said Pendergraph. ?But the attorney sat down and tried to figure out what it would cost if we went to trial. Just to pay ...
Article • July 15, 2007 • from PLN July, 2007
. Asked what he would say to the real rapist if he were ever caught, Gregory answered, ?I would tell him that he owes me seven years of my life.? See: Gregory v. City of Louisville, USDC WD KY, Case No. 3 ...
of official oppression. In exchange the three sexual assault charges were dropped. Buentello had originally been accused of what prosecutors called a pattern of sexual harassment ?involving inappropriate ...
Article • July 15, 2006 • from PLN July, 2006
it instead. Whats next? Prisoners providing their own medical services? Source: Capital Gazette. ...
Article • May 15, 2007
argued that "no matter what [DOC's] usual policy, and no matter how it applied the amended habitual offender rule to other similarly situated prisoners, the department was not required to apply the revised ...
Article • May 15, 2007
, Rydberg was attacked by Porter; one day after the two had argued about what TV show to watch. The day of the assault Porter shoved Rydberg and knocked his food tray out of his hand at dinner. That incident ...
Article • May 15, 2007
Filed under: Media, Censorship
, intruding into the function of editors and choosing what material goes into a newspaper violates First Amendments barriers. Accordingly, the decision of the Florida Supreme Court was reversed. See: Miami ...
that what he is doing violates the law." 3) The sheriff's total ban on newspapers was not rationally related to legitimate penological interests. Moreover, prisoners' access to television news programs ...
Article • May 15, 2007
in punitive segregation. The appeals court held that regardless of what the state chooses to call the confinement to which the prisoner was subjected, the fact remains that the state, through regulation ...
Article • May 15, 2007
of the children were not served when they visit their parents or relatives in jail. The court held that such visits are a fundamental human right and it is for the parents to decide what is in the child's best ...
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