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Article • January 8, 2018 • from PLN January, 2018
by the Disability Law Center under 42 U.S.C. § 1983, the Utah State Hospital (USH) violated both the Fourteenth Amendment and Article I, Section 7 of Utah’s state constitution by failing to provide mental ...
Article • September 6, 2017
, alleging (1) the drug test amounted to an unconstitutional search in violation of 42 U.S.C. § 1983, (2) he was deprived of employment without due process of law, and (3) the county created policies ...
on a wrongful murder conviction, after being cleared by DNA evidence that connected the crime to a serial killer. Ott, now 42, was convicted of the August 1995 murder of 16-year-old Jessica Payne. Fearing ...
Article • September 8, 2017
medication, Bryant told him to "Man up & wait til [sic] medical staff return from Christmas holiday." Alderson did not receive any meds until January 2, 2015, during which time he stated his only injury ...
Article • July 15, 2012
, leaving intact the claim against Pataki under 1983, against Pataki and others. To successfully state a claim under 42 U.S.C. Section 1983, plaintiffs have to show that they (1) possessed and actual liberty ...
Article • August 15, 2013
of a compelling state interest. 42 USC § 2000cc-2(6).” The Court also faulted the district court’s reliance upon “only conclusory assertions that denying Shakur the kosher diet was the least restrictive means ...
Article • September 20, 2014 • from PLN September, 2014
was discovered after an MRI was finally performed. Rogers filed a pro se 42 U.S.C. § 1983 civil rights action in federal court alleging Eighth Amendment violations for Garcia’s reckless driving ...
Article • December 2, 2015 • from PLN December, 2015
, an Illinois federal jury awarded $451,000 to a pretrial detainee at the Cook County Jail who was severely beaten by a guard a dozen years earlier. James Degorski, 41, filed a civil rights action pursuant to 42 ...
at the Huron Valley Women’s Facility was not entitled to qualified immunity for conducting a harassing strip search of Stoudemire. [See: PLN, April 2014, p.42]. Following remand, the case went to a jury ...
Article • February 15, 2014 • from PLN February, 2014
– her first offense – which was a serious misdemeanor in violation of Iowa Criminal Code § 321J.2. She was taken to the Woodbury County Jail. During booking, two female jailers strip ...
the Religious Freedom and Restoration Act (RFRA), 42 U.S.C. § 2000bb-1, et seq., Lindh argued that the warden and other BOP staff had unlawfully interfered with what the district court found to be a &ldquo ...
Article • February 15, 2012 • from PLN February, 2012
the guise that this potentially would save the budget $2 million,” said Christine Miles, press secretary for Governor John Kitzhaber, who took office in January 2011. “There were a lot of limitations ...
Article • January 15, 2012 • from PLN January, 2012
Filed under: International, Immigration
the guise that this potentially would save the budget $2 million,” said Christine Miles, press secretary for Governor John Kitzhaber, who took office in January 2011. “There were a lot of limitations ...
that REITs provide. [See: PLN, Jan. 2013, p.42]. Among other requirements, a REIT must distribute 90% of its taxable income to shareholders; consequently, the company pays no federal tax on its income ...
recommendation of Grover and other officials,” the prisoners assaulted Tuckel, injuring one of his eyes. Rather than file another grievance, Tuckel filed a 42 U.S.C. § 1983 complaint that raised claims under ...
Article • October 10, 2014 • from PLN October, 2014
retaliation in violation of the First Amendment under 42 U.S.C. § 1983, Spencer must ‘show (1) he engaged in a protected activity, (2) the government official took adverse action against him ...
Article • February 4, 2015 • from PLN February, 2015
seeking medical care, it was estimated the measure would generate $5.7 million in 2012 and help the cash-strapped state deal with a budget crisis. [See: PLN, Oct. 2012, p.42]. Instead, only $2.5 million ...
Article • March 5, 2015 • from PLN March, 2015
, arguing that the cap on attorney fees imposed by the PLRA, 42 U.S.C. § 1997e(d)(3), required reduction of the $300 attorney fee award to $1.50 – or 150% of the $1.00 nominal damages award ...
Article • August 15, 2011 • from PLN August, 2011
Department of Criminal Justice (TDCJ). PLN had filed a civil rights suit under 42 U.S.C. § 1983 against TDCJ Executive Director Brad Livingston, TDCJ Mail Systems Coordinating Panel chairperson Jennifer Smith ...
Article • August 15, 2013 • from PLN August, 2013
Collection Act (Act), Md. Pub. Saf. Ann. 2-504 et. seq., King's DNA was collected by rubbing a cotton swab (called a buccal swab) along the inside of his mouth. Analysis of King's DNA matched a previously ...
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