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Article • June 1, 2023 • from PLN June, 2023
support until he was pronounced brain-dead on May 2, 2018. Charles Jones was appointed representative of his son’s estate and filed suit in the Court under 42 U.S.C. § 1983, accusing jail ...
Brief • November 16, 2012
remaining claims including those brought under 42 U.S.C. § 1983, and the Fomth and Fomteenth Amendments to the United States Constitution together with any 2 and all other claims of John Com-ad and Leslie ...
the criminal charges were allegedly hindered, and he was unable to effectively pursue five civil actions, the prisoner filed a pro se civil rights action, pursuant to 42 U.S.C. § 1983, in federal court against ...
Article • December 15, 2004 • from PLN December, 2004
29 to bar the letting out of convict labor to private business. The court found that article II, § 29 was intended: (1) to prevent prison labor from displacing free labor, and (2) to keep the state ...
, was a sufficient factual predicate to defeat the prison officials' motion for summary judgment in a 42 U.S.C. § 1983 complaint. The Ninth Circuit thus reversed a district court's earlier ruling that had dismissed ...
Brief • 2007
defendant and, pursuant to Order (Doc #35 ) alleges as follows: JURISDICTION AND VENUE 1. This is a civil action arising under the Fourth and Fourteenth Amendments to the United States Constitution and 42 ...
Brief • 2008
the Fourth and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983 and State Law. The Court has jurisdiction of this matter pursuant to 28 U.S.C. §§ 1331, 1343(a)(3) and supplemental ...
Brief • 2007
orfederal constitutional rights, personal injury, intentional infliction of emotional distress, the American with Disabilities Act, 42 U.S.C. § 1211, et, seq., SeCtion 1983 of the Civil Rights Act of 1866 ...
Brief • 2005
s symptoms were due to an infection caused by a virus , and she was encouraged to drink additional fluids. 2003 , at 2:03 p. , Pamela Wimberley was seen by medical personnel for complaints of fever ...
Brief • 1993
, appearing pro se, pursuant to 28 U.S.C. § 1915 (d). INTRODUCTION This is an action premised upon 42 U.S.C. § 1983 brought by a class of Washington' state prisoners whose primary language is Spanish and who ...
Article • April 1, 2022 • from PLN April, 2022
, 42% are women of color. Most of the women serving either LWOP or a death sentence are incarcerated for homicide. According to the FBI Supplementary Homicide Report, 49% of women who commit homicides ...
Article • September 15, 2024 • from PLN September, 2024
NaphCare Settles One Suit At Oregon Jail, Loses Motion to Dismiss Second by On August 2, 2024, after losing a motion to dismiss a lawsuit filed by a Jeffrey Simms-­Belaire, a former ...
;clear-cut constitutional violation” that would be cognizable under 42 U.S.C. § 1983, were Fields held in a state prison rather than a federal one. [See: PLN, Dec. 2024, p.40.] SCOTUS Takes ...
Article • January 1, 2023 • from PLN January, 2023
Filed under: Centurion, Failure to Treat
for 22 days on March 2, 2022, and for one more day on April 8, 2022. Beginning April 22, 2022, Brightly was moved to three prisons over 49 days, missing more medication. He returned to a hospital on June 7 ...
Article • April 1, 2024 • from PLN April, 2024
ground for a “strike” under 28 U.S.C. § 1915, as amended by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e—but only if the exhaustion failure &ldquo ...
Article • January 15, 2025 • from PLN January, 2025
42 U.S.C. § 1983, according to Wilkinson v. Dotson, 544 U.S. 74 (2005). Moreover, § 2241 was the appropriate vehicle, rather than § 2254, because Galbraith’s claim ...
Article • January 15, 2025 • from PLN January, 2025
Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. ch. 21C § 2000cc et seq, by forcing him to eat a special religious diet consisting of mostly soy—to which he ...
Article • December 15, 2024 • from PLN December, 2024
of California, raising claims under the First and Fourteenth Amendments, as well as the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. § 2000cc et seq. On September 26, 2023 ...
with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101, et seq. State defendants moved to strike, while City defendants moved to dismiss. In December 2023, the district court denied both motions. Rejecting ...
Article • June 1, 2025 • from PLN June, 2025
to trial on three claims: two claims brought under 42 U.S.C. § 1983 alleging (1) that Anderson acted with deliberate indifference to Miller’s serious medical needs, in violation of her ...
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