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Article • January 15, 2005 • from PLN January, 2005
not provide the state with a mootness defense, and (2) for so long as an Illinois prisoner's classification status and privilege restrictions remained elevated due to an old, un-prosecuted Maryland ...
Article • February 15, 2005 • from PLN February, 2005
Filed under: Organizing, Voting
is not overridden by the federal Voting Rights Act (VRA), 42 U.S.C. § 1973 [which prohibits racially discriminatory state voter qualification laws]. In a lengthy decision that analyzed a Second Circuit en banc ...
Article • June 15, 2005 • from PLN June, 2005
decision, the United States Supreme Court held that an Alabama death row prisoner properly utilized 42 U.S.C. § 1983 to challenge a procedure to be utilized during his execution. In 1979, David Nelson ...
Article • August 15, 2005 • from PLN August, 2005
(RLUIPA), 42 U.S.C. §2000cc-1(a) (1-2), which proscribes the government from imposing a substantial burden on the religious exercise of incarcerated persons, does not thereby offend the First Amendment's ...
Article • October 15, 2005 • from PLN October, 2005
Filed under: PLRA, Injunctions (PLRA)
that he was entitled to all fees because they were ultimately proportionately related to the court-ordered relief' (42 U.S.C. § 1997e(d)(1)(B)(i)) of expungement of his prison records, and that because he ...
Article • October 15, 2005 • from PLN October, 2005
on appeal, the First Circuit held that only four are worthy of extended discussion." They were: 1) the district court lacked general equitable power to grant a privatization remedy; 2) the 1998 order was void ...
a torn artery and was broken in 2 places, her right heel was shattered, and a severe head injury left her in a coma for 10 days. At the hospital, Starkel suffered multiple strokes. Mark Aldrich ...
Article • October 15, 2005 • from PLN October, 2005
because the state is immune from tort liability regarding supervision of parole. See: Swift v. Department of Corrections, 116 Cal. App. 4th 1365 (2004). In his subsequent federal 42 U.S.C. § 1983 complaint ...
Article • November 15, 2005 • from PLN November, 2005
Filed under: Crime/Demographics, Escapes
, he was found living with the wife of then Deputy Warden Randy Parker, Bobbi Parker, 42, who disappeared with their red minivan the same day after leaving a note that she was going grocery shopping ...
with provisions of the Prison Litigation Reform Act (PLRA), including exhaustion of administrative remedies pursuant to 42 U.S.C. § 1997e(a). Prior to December 13, 2002, the BOP had a policy of allowing prisoners ...
Article • February 15, 2001 • from PLN February, 2001
as a significant source of tax revenue, increase education spending and mandate increased transportation spending. Governor Gary Locke asked all state agencies to include a 2% reduction in their 2001-03 budget ...
General (AG) replied with a motion to dismiss the suit on the grounds that Yousef had failed to exhaust administrative remedies as required by 42 U.S.C .1997e(a) .The district court granted the motion ...
Article • April 15, 2002 • from PLN April, 2002
Filed under: Private Prisons
in Malesko v. Correctional Services Corp. [CSC], 229 F.3d 374 (2 nd Cir. 2000) [ PLN, July 2001, "Private Prison Corp. Can Be Sued In Bivens Action"], the high court declined to extend Bivens v. Six Unknown ...
Article • November 15, 2003 • from PLN November, 2003
, Veney sued Lt. T. V. Wyche and Superintendent Darnley R. Hodge under 42 U.S.C. § 1983 alleging that his constitutional right to equal protection of the law was thus violated. The district court (USDC ...
are not essentially religious in nature and they "smack of racism and hatred." The prisoners then filed a 42 U.S.C. § 1983 action alleging First Amendment violations. The district court granted the defendants ...
held in a special housing unit. He sought recovery of his $247.10 claim in a Bivens action, 42 U.S.C. § 1997e(a,c) and via an administrative tort claim [The Tenth Circuit liberally construed this claim ...
Article • May 15, 2003 • from PLN May, 2003
Creek State Prison, sued Warden Rodney Hickman under 42 U.S.C. § 1983 alleging Hickman violated his constitutional right to procreate via artificial insemination as well as his equal protection rights ...
Article • June 15, 2003 • from PLN June, 2003
of a motion for summary judgment in separate 42 U.S.C. §1983 actions filed by prisoner's Joel Fraise, Alexander Kettles, and John Harris. Their suits challenged the constitutionality of a New Jersey Department ...
Article • May 15, 2004 • from PLN May, 2004
, although qualified immunity law changed, previous factual disputes in this case had not. Andres M. Martinez alleged in his 42 U.S.C. § 1983 action that while at California's Calipatria State Prison ...
F.Supp.2d. 1252 (D.N.M. 1998). Tanya Giron, a prisoner at the New Mexico Women's Correctional Facility (NMWCF), brought a 42 U.S.C. § 1983 action against NMWCF prison guard Danny Torrez, Warden Thomas ...
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