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unspecified damages. This is just more posturing by Florida politicians to look tough on crime and on people with past felony convictions, said Howard Simon, Executive Director of the ACLU of Florida. What ...
Article • May 15, 2007
of religion. Hagan/Mizrahi is Jewish and attended Jewish religious services,. He faithfully practiced and sincerely believed in his religion. He also attended Muslim worship services for what he termed ...
Article • May 15, 2007
court asserting a Ford claim, i.e., that he was incompetent and could not be executed. What is required in a Ford claim is that a person know the facts of his impending execution and the reason ...
Article • May 15, 2007
case, the Eleventh Circuit reasoned that, "Because no court had ever held that acts materially similar to what these defendants did -- leave a seemingly sleeping juvenile inmate, who had never ...
violating prison rules. 3) The prison's mail policy was not overly broad or impermissibly content-oriented as "the policies were not directed at what mail an inmate could receive, but only at when he could ...
or on the merits, § 1988 does not authorize a fee award against that defendant." Therefore, the plaintiffs could not recover attorney fees from Kentucky. The Supreme Court also clarified what the difference between ...
Article • May 15, 2007
not have relied on unsworn statements by the U.S. Marshals Service about, e.g., what steps they take to avoid accidental discharge. It should have considered whether, e.g., leg shackles were sufficient ...
, including use of force training. Reasonable supervisors, knowing what the Sheriff knew, could disagree about the lawfulness of his action or inaction. The Sheriff is also entitled to qualified immunity from ...
as to inadequacy of training since the plaintiffs did not present any evidence of what training was needed, training was not completely absent on basic Fourth Amendment rules, and these flaws meant the proof failed ...
Article • May 15, 2007
by record evidence; what he was told by others is inadmissible hearsay. The failure to have monitoring devices in the cells does not violate the Florida Model Jail Standards, which require only that officers ...
Article • May 15, 2007
be sufficient; though it's generally limited to harassment claims, some of plaintiff's claims fall into that category. The court does not give any details about what either the prisoner or grievance personnel ...
Article • May 15, 2007
did get transferred. The court grants leave to file an amended complaint and tells the plaintiff what he has to do. See: Perez v. Hawk, 302 F.Supp.2d 9 (E.D.N.Y. 2004). ...
Article • January 15, 2007 • from PLN January, 2007
no access to educational, vocational or other rehabilitative programs and they are provided with only limited access to legal materials, visitation and other privileges. What's more, Texas prisoners placed ...
Article • January 15, 2007 • from PLN January, 2007
Services in Edmond, Oklahoma. To build a prison in Wisconsin, the Legislature and Governor must agree with what is needed and the Building Commission must formally approve the plan. That process ...
Article • September 15, 2006 • from PLN September, 2006
groups", Willis said," but a line exists between promoting and accommodating a specific religion. Whats more, all the spending may not be for the prisoners benefit." For instance, a records review ...
Article • September 15, 2006 • from PLN September, 2006
Sen. James Vaughn, D-Clayton. We need to get a real picture of what's going on before we do anything like that. Instead, the legislature approved a $2.9 million bill as an inflation adjustment ...
Article • May 15, 2007
was a recommendation. As such, under 18 U.S.C. §3585(b), the BOP was free to ignore or follow the order at its discretion. The appeals court, after defining the term "credit for prior custody" and discussing what ...
Article • May 15, 2007
they exclude FDLA from police stations because of what they fear its attorneys might say." (Emphasis in original.) See: **First Defense Legal Aid v. City of Chicago, 225 F.Supp.2d 870 (N.D.Ill. 2002). ...
of claims brought to federal court by forcing prisoners to seek redress in internal grievance procedures. The legislative history indicates that the purposes behind the PLRA were to reduce what were perceived ...
Article • May 15, 2007
that the failure to respond to a grievance within the time limits contained in the grievance policy renders an administrative remedy unavailable, . . . that is not what happened here. First, Mr. Jernigan was given ...
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