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Case • 2005
for the change, the Commission made it clear that it was simply acting to correct what it regarded as a misreading of its prior regulations." (Ibid.) [57] Based on language in section 12940 ...
Case • 1998
point to the Internal Affairs report, which credited testimony by Dr. Wainwright and Nurses Detweiler and Chang placing Russell outside the cell and indicating that Russell made no efforts to lift ...
Brief • July 28, 2011
is not so clearly established such that a supervisory official may be personally liable for its violation. I will address each of these arguments in detail below. I pause to note, however, that the jury's ...
Brief • 2005
.”). In accordance with its March 25, 2005 Order, moreover, the Court continues to RESERVE RULING on County Defendants’ Motion for Certification of Order for Interlocutory Appeal [77-1]. The Court addresses ...
Brief • 2012
11/26/2012 ID: 8414859 DktEntry: 23-1 Page: 3 of 5 for bond hearings, Respondents-Appellants contend that the public interest favors their position, but fail to address the significant and well ...
Brief
to satisfy general community obligations.” DOC Bf. at 8. The fact that restrictions are placed on the use of the funds, however, does not mean that ownership of the funds changes or that wellsettled community ...
Brief • January 14, 2010
to an Unconstitutional Policy is No Defense------------------------15 7 8 9 10 13 14 15 16 17 18 D. 19 20 21 III. 22 THE PLAINTIFF’S PAROLE OR PROBATION STATUS DOES NOT CHANGE THE CLEARLY ESTABLISHED REQUIREMENTS ...
Brief • April 7, 2014
there was really no assessment of Jones’s ongoing and progressive neurologic complaint. While treating hypertension is appropriate, it was inappropriate and fell below the standard of care not to address the other ...
v. Creighton, 483 U.S. 635, 639 (1987)(internal quotation marks and citation omitted). Although the qualified immunity inquiry is “fact-specific,” id. at 642, case law need not address the precise ...
Brief • November 17, 2012
, and (3) municipal liability for Defendant Metro. (Doc. No. 76.) The Court addresses each in turn, along with Defendant Gise’s affirmative defense of qualified immunity. 1. Deliberate Indifference 7 Case 3 ...
Brief • 2010
issued for the Huntingdon, Laurel Highlands, Muncy or Rockview Facilities, other than the requirements for which stipulated penalty provisions are addressed above $2,000 n. Failure to surrender any ...
Brief • August 17, 2017
Filed under: Mental Health
noted that “in light of the changes to the Court's general approach to recognizing implied damages remedies,11 it is possible that the analysis in the Court's three Bivens cases might have been different ...
Brief • March 7, 2016
Filed under: Disclosure of Records
. The office also sponsored two unique symposia, in 2011 and 2013, to particularly address the needs of women making the transition from incarceration into the community, and to raise public awareness ...
Publication • February 8, 2016
and scope.” As a result, the AOC entered into 102 amendments to the contract over a 7-year period, and costs increased from $33 million to $310 million.15 These amendments substantially changed the scope ...
testified the Committee will entertain requests for gender-affirming surgery but it has not actually evaluated a specific inmate as a surgical candidate (Id. at p. 120). Also, the Committee addresses social ...
Publication • August 23, 2016
companies. Many of these programs are intended to provide a lessrestrictive alternative to incarceration or hospitalization for youth who may require intervention to address emotional or behavioral challenges ...
Publication
to improve conditions of confinement and we therefore did bench trials. However, the 1996 Prison Litigation Reform Act (PLRA)1 has changed our focus. As will be explained, the PLRA forces prac* The author ...
were delineated in a series of Legislative Findings set forth in the MHL §10.01. Specifically, the Legislature found that: ◆ Recidivistic sex offenders who pose a danger to society should be addressed ...
on injunctive relief to improve conditions of confinement and we therefore did bench trials. However, the 1996 Prison Litigation Reform Act (PLRA)1 has changed our focus. As will be explained, the PLRA forces ...
Publication
Filed under: PLRA
not make remedy unavailable); Snider v. Melindez, 199 F.3d 108, 133 n.2 (2d Cir. 1999) (stating “the provision clearly does not require a prisoner to exhaust administrative remedies that do not address ...
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