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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 Hodges' parole was revoked and he appealed ...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 ...
Article • April 15, 2007 • from PLN April, 2007
by the unanimous special panel of State Court of Appeals justices appointed to sit en banc. New York University legal ethics Professor Stephen Gillers commented, ?What Justice Sanders is charged with doing ...
Article • August 15, 2007 • from PLN August, 2007
Filed under: Sentencing, Parole
that "ambiguity does not arise from silence, but from what [is] written so blindly and imperfectly that its meaning is doubtful." The agreement's narrower use of the term "mental health centers" here could ...
factually accurate, but the substance of the jury?s question was irrelevant, and that is what the jury should have been told.? The court found that there was a reasonable likelihood Conley was prejudiced ...
Article • August 10, 2016
Filed under: Statistics/Trends
Opstal said, “We're studying what the reason for the decline is,” while officials close prisons and cut 3,500 in staff. Predictably, a Dutch labor union, Abvakabo FNV, said the cuts were ...
. “It can’t pay back what I lost.” Source: www.theledger.com ...
Article • November 8, 2016 • from PLN November, 2016
] are the official voting registrars of their county. We do not add or remove anyone. I can’t speak for what any individual counties were doing.” Many of the county clerks contacted by the Times said ...
Article • August 21, 2017
Filed under: Sentencing, Juveniles
, and ordered additional briefing. In reversing the lower courts and granting Morgan relief, the state's high court focused on to what extent Morgan's sentence exceeds his life expectancy. Noting Graham's mandate ...
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