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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 ...
Article • May 15, 2007
the "generic" test. 2) In §1983 excessive use of force claims, courts should first consider what particular constitutional right was violated; for free citizens, the Fourth Amendment is the correct one ...
. "In the prison context, equal protection requires inmates to be treated equally," said the court. The appeals court criticized the state for arguing that no matter what the prison's usual policy, and no matter ...
Article • May 15, 2007
applied to convicted prisoners awaiting sentencing. Tilmon appealed. The Fifth Circuit disagreed with the Third Circuit's ruling in Fuentes, noting that it was based on what the Fifth Circuit believed ...
, 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 ...
Article • May 15, 2007
have revealed how the prisons and work release programs operated. "The issues that needed to be settled, I don't think were settled," said Ida Ballasiotes. "That is what is going on in the institutions ...
" that a federally protected right may be violated (notice to the public entity) and "failed to act" upon that knowledge (a fact-specific investigation to determine what accommodations, if any, are necessary). See ...
to 15.3 months' early release time. The court explained that the statute required Bader to serve all but 15.3 months of his total sentence and then be transferred to community custody for what remained ...
a mockery of the Supreme Court's heightened sensitivity to state prerogatives. . . . The plaintiffs are seeking to accomplish exactly what they would accomplish were they allowed to maintain this suit ...
conclude that this constituted ratification of defendants' misconduct. At 966: "Specifically, Wright offers evidence showing the investigation was not designed to discover what actually happened ...
reading materials. The jail implemented that policy "to curb fights over who owned what and to avoid compensation claims if the materials were lost or stolen." (897) They gave the plaintiff a jail copy ...
Article • May 15, 2007
as to what he had a right to do while representing himself and instructed the lawyer who'd just been dismissed to sit at the defense table as standby counsel. Hodges' parole was revoked and he appealed ...
Article • May 15, 2007
to inmate health and safety and satisfy the objective component [of the Eighth Amendment]. . . . Evidence in the record confirms what is obvious: exposure to the human waste of others carries a significant ...
and tallit katan. Rejecting this as "too narrow," the Court found the established right "does not have to be so fact specific that it is identical to what is alleged in the case at issue." See: Boles v ...
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