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." The court also indicated that the warden's comment suggested that the defendants considered Hargis's actions to be innocuous. The court concluded "that the district court abused its discretion ...
Article • April 1, 2025 • from PLN April, 2025
judgment. Defendants argued that the issues of liability and damages were so inextricably bound to one another that the district court abused its discretion in granting a retrial on damages alone ...
Publication
Filed under: Sexual Assault
Fordham Urban Law Journal - Sexual Abuse of Women Prisoners 2006.doc Page 1 1 of 1 DOCUMENT Copyright (c) 2006 Fordham University School of Law Fordham Urban Law Journal January, 2006 33 Fordham Urb ...
Case • 2007
; TERRY PICKETT, Captain; BRIAN BUCK, Captain; PRISCILLA DALY, Grievance Officer; RICHARD THALER, Warden, Defendants - Appellees. No. 05-20687 UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT 246 Fed ...
Brief • 2005
nothing to intervene during this assault. 17. Upon information and belief, Defendant Russell has a long history of misconduct during his tenure with Tryon – misconduct that involves the physical abuse ...
Brief • September 9, 2019
GRASSROOTS LEADERSHIP, Plaintiffs, v. U.S. DEPARTMENT OF HOMELAND SECURITY; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT, Defendants. § § § § § § § § § § § Cause No. 1:19-cv-872 PLAINTIFF GRASSROOTS ...
Case • 2001
District of New York [2] 00-CV-6583L [3] 198 F. Supp.2d 278, 2001 [4] November 15, 2001 [5] JOSEPH SANTO'S GONCALVES, JR., PLAINTIFF, V. INVESTIGATOR REYNOLDS, DEFENDANT ...
Case • 1995
] filed: April 21, 1995. [5] JAMES ADOLPHIS BOYD, PLAINTIFF-APPELLANT, v. TANA WOOD, DEFENDANT-APPELLEE. [6] Appeal from the United States District Court for the Eastern District ...
Lawsuits Target Georgia Prison Abuse by Robert Bensing by Robert Bensing, Esq. Prisoners in Georgia have recently filed two lawsuits, challenging the Georgia Department of Corrections' (GDC ...
suit filed by James M. Hayes, alleging his 38-day pre-appearance detention violated his right to due process. The Court further held that the attorney fee award of $47,000 was not an abuse of discretion ...
, Texas, could sue Brazoria County in Missouri. This is a lawsuit filed in Missouri federal district court by Missouri state prisoners who were abused while incarcerated in Brazoria County pursuant to its ...
Case • 2008
, Defendants - Appellees. No. 06-17039 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT 276 Fed. Appx. 642; 2008 U.S. App. LEXIS 10003 April 22, 2008 ** , Submitted ** The panel unanimously finds ...
the DOC, New Jersey’s attorney general and commissioner of corrections, as well as named and unnamed DOC employees. The case was removed to federal district court, which granted the defendants&rsquo ...
Article • May 5, 2016 • from PLN May, 2016
complaint was premature. His complaint set forth sufficient facts to proceed against at least one of the defendants ... he should have been granted the opportunity to amend his complaint, [and] the district ...
Article • October 7, 2019 • from PLN October, 2019
Circuit Court of Appeals held that a district court did not abuse its discretion when it declined to appoint successive counsel in a prisoner’s civil rights action after initialcounsel withdrew from ...
Article • November 1, 2020 • from PLN November, 2020
Filed under: Dismissal
in state court that the defendants removed to federal court. His complaint alleged an Eighth Amendment violation resulted from the Pennsylvania Department of Corrections’ (PDOC) refusal to assign him ...
Publication
the precise relief sought. Generally, an abuse of discretion standard is applied to review a cOutts denial of 8 public records request. See: Overton v. State, 976 So.2d 536 (Fta 2007) and Hill v. Siale, 921 So ...
Case • 1992
Cox v. Embly - 784 F.Supp. 685 (ED MO 1992) - 1992 EVERETT COX, Plaintiff, v. LEAH EMBLY, ET. AL., Defendant. No. 90-0238C(5) UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT ...
Case • 2002
for severance for abuse of discretion. United States v. Peterson, 244 F.3d 385, 393 (5th Cir. 2001). "To prevail, the defendant must show that: (1) the joint trial prejudiced him to such an extent ...
Case • 1999
also argue that the district court abused its discretion by issuing a permanent injunction without considering the Prison Litigation Reform Act, codified at 18 U.S.C. § 3626. Defendants failed to raise ...
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