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Case • 1990
much public debate and court activity over whether such a right exists and in what circumstances it exists, and these cases involve decisions made by enfranchised citizens or someone acting ...
Case • 2002
confinement and electronic monitoring. The District Court denied Gotti's motion in an unpublished August 7, 2002 decision and order for the reasons given in what it described as the Magistrate Judge's "thorough ...
Case • 2003
from scrutiny." [23] What is relevant to this case is the history and substance of RLUIPA. In 1990, the Supreme Court held that the United States Constitution does not require that government have ...
Case • 2003
was held to a higher standard for filing than what learned attorneys are held to. II. Standard of Review [18] The Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, 110 Stat ...
Case • 1986
), I believe that the state would not have moved unless this action had been brought. As I stated clearly in my June 27, 1982 order: [30] Much of what has occurred in this case resembles what ...
Case • 2003
in Bonilla's direction. Bonilla was unable to understand what Parmelee said to him, but asked whether Parmelee would like to see the Sergeant. Parmelee asked who the Sergeant was and was informed ...
Case • 1987
and personal observation filtered through the experience of the decisionmaker and leading to a predictive judgment as to what is best both for the individual inmate and for the community," id., at 8,*fn5 ...
Case • 2004
relevant benchmark against which the punitive damages award should be measured is "what the jury found,"*fn1 my findings, set forth at length in the Amended Order and Permanent Injunction, were based ...
Case • 2007
conditions in their prisons all the way up to the Director of the CDCR at the state capitol in Sacramento." Id. The court added that it was "not aware, for example, what the union contract provides ...
Case • 2007
in accordance with due process of law." 441 U.S. 520, 535-36, 99 S. Ct. 1861, 60 L. Ed. 2d 447 (1979). The Bell Court mandated a pragmatic approach to determining what constitutes punishment, and formulated ...
Case • 2007
18, 1999, Reynolds obtained the help of a prison officer, who removed him from his cell. After he told that officer what happened inside his cell, he was taken to the jail infirmary, and later ...
Case • 2022
assert that Edwards "was restrained after [he] failed to submit to officer commands and after he had punched officer(s)," and that they did not use "any force greater than what was necessary, excused ...
Article • March 15, 2001 • from PLN March, 2001
served as the director of the Montefiore Rikers Island Health Service, where he oversaw health care for 13,000 prisoners, and he has reviewed medical care for the Department of Justice. "What they were ...
To gain a better view, examine the largest system in the nation, the California Youth Authority (CYA), which operates 11 prisons and four boot camps. Three years ago, CYA officials acknowledged what ...
Case • 2003
medicine to alleviate his pain and to stem the infections developing in his wounds. The doctor informed the officers that he was not competent to determine what should be done about the bullet in Lumley's ...
Case • 2002
-individual joint undertakings are hardly exhaustive of the circumstances that will necessitate the application of the state actor doctrine. As the Supreme Court has stated repeatedly, what is necessary ...
Case • 2005
misconduct, and that Congress could properly have decided that 42 U.S.C. § 1997e(d) should address only the former. What I cannot agree with, however, is the majority's view that it would be absurd to think ...
to recently find two members of warring black gangs - the Bloods and the Crips - riding in the same car while wearing their red and blue gang colors. "What are you doing," he asked, "Going to get the Mexicans ...
operation taking what he believed were drugs into the jail; he later plead guilty to conspiracy charges. Roybal?s family filed a tort claim notice, and their lawsuit naming MTC was later removed to U.S ...
Case • 2007
. On one occasion, which was witnessed by sheriff's deputies, one "poorly-trained" deputy laughed and asked Franklin what drug he was using. On six occasions, Franklin tried to use the pay telephones ...
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