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numerous published and unpublished cases dealing with ADA and RA claims by prisoners. The court held these claims would proceed to trial. Likewise, because material facts were in dispute as to what ...
Article • February 15, 1996 • from PLN February, 1996
Filed under: Sentencing, Good Time, Parole
deprive him of an in person hearing. The relevant issue is what rules were in effect at the time the Board made its decision, not any later changes to those rules. In essence the state wanted to apply 1994 ...
Article • December 15, 1997 • from PLN December, 1997
state prisons. And what contraband were the guards instructed to root out? Weapons? Drugs? No, something much more sinister and threatening to public safety -- voter registration cards! Campaign ...
authorities from several circuits as to what tips must contain in order to be deemed reliable. Namely, "information in an anonymous tip must 'possess indicia of reliability sufficient to give prison officials ...
and their colleagues in what would be an absolute shield against retaliation claims. This we will not do, for... 'the court with which [the inmate] sought contact, and not his jailer, will determine the merits of his ...
to the count area. The guards locked the door, cutting Carr off from the count area. Carr asked a guard what to do and was told to return to his housing area. Carr missed morning count. Eventually, guards ...
Article • September 15, 1999 • from PLN September, 1999
). After a lengthy discussion on what amount of culpability is required in order to implicate the Due Process Clause, the appeals court concluded that the rearrest of Hawkins was not narrowly tailored ...
the first strike the guards imposed many punitive measures, provocations, and punishments without cause. The union's official line was to "reintroduce authority." And in two days what was supposed to happen ...
Article • March 15, 1992 • from PLN March, 1992
? The court agrees the law means what it says and will be enforced? Big-time zu-zus and whamwhams for prisoners who've endured the slings and arrows of court trips? Yeah, right. During a 4/0ct/91 deposition ...
Article • November 15, 1997 • from PLN November, 1997
years later -- lo and behold, a frame up is exactly what it was. Our "leftist paranoia" turned out to be nothing other than good, solid analysis. But it took 27-years for Geronimo -- 27 prison years ...
Article • June 15, 1990 • from PLN June, 1990
) makes our captor's job of oppressing us a lot easier. The point we want to get across here is that what they do to the sex offender today they will be doing to you tomorrow. We also want to give you ...
appellate courts of jurisdiction to review lower court rulings. The court held that in this case the record was insufficiently developed to determine what role, if any, the defendants had played in Dilley's ...
'see what he could do' and check into the situation,' without ever doing anything, was not an acceptable response to the substantial risk of harm to Haley that the jury determined [warden] Gross ...
Article • November 15, 1990 • from PLN November, 1990
was going to rip the store off as he had told him. When he saw blood on his pants, he knew something had gone down and he called me. I picked him up and he told me what had happened, Strouth had robbed ...
there was no overt act. Whether it is the district court's or the prison officials' determination (as to what constitutes a 'plan') that is ultimately found to be correct, the question is certainly arguable and open ...
, since what is at stake is a prisoners right of access to an existing grievance procedure without fear of being subjected to a retaliatory disciplinary action. As a purely practical matter, we observe ...
Article • February 15, 1997 • from PLN February, 1997
(1987) the court held the policy was constitutional, or more accurately, even if it wasn't, so what. The court held that O'Keefe was not denied the ability to send grievance mail to government officials ...
Article • November 15, 1996 • from PLN November, 1996
Filed under: Work, Prison Industries
Tommy "All Power to the Highest Bidder" Thompson is well known for his auctioneer-like approach to doling out state contracts. Irv the Liquidator, savvy entrepreneur that he is, knew just what to do ...
provides this evidence, the prisoner must demonstrate what, if any, less restrictive means remain unexplored." In this case the defendants said they were willing to allow a pipe ceremony on prison grounds ...
directly from guard brutality. Guards have been known to provide for the arming of particular prisoners and to arrange for what they know to be potentially dangerous confrontations. Governor George Pataki ...
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