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. Alternatively, the Ninth Circuit found that the county could be held liable for failure to implement policies regarding what to do if a patient suffered a fall, required transfer, or refused an essential medical ...
. 2005). ?By properly mailing his ARB complaint, alerting the ARB that the complaint was mailed and filing suit only after the ARB failed to clarify what he should do next, Dole had done all ...
Article • August 15, 2006 • from PLN August, 2006
under the Convention system, where tolerance and broadmindedness are the acknowledged hallmarks of democratic society, for automatic disenfranchisement based purely on what might offend public opinion ...
Article • June 15, 2006 • from PLN June, 2006
another way, at what point may reason be abandoned by actions of prison authorities to constitutionally deny medical care? Believing that Johnsons case presented issues of fact worthy of jury consideration ...
, the county decided to instead rely on the company's individual executives experience. And in what Hillsborough County's detention chief termed an unusual (but not illegal) decision, Armor obtained the jail's ...
was part of what is termed interagency contracting, using workers from a pre-existing contract to another federal agency to meet interrogation and other military support requirements urgently needed in Iraq ...
Article • May 15, 2007
the evidence presented by the parties created a genuine issue of material fact as to what occurred on November 25. Thus, a jury must resolve if an assault and battery occurred or if the force used by Jones ...
. Therefore, the district court ordered 1) that the defendants give the plaintiffs hearings with proper due process protections to determine when and to what general prison population they would be released. 2 ...
, and his subsequent letter to Meredieth, plus Meredieth's statements to Colman that he "knew what was going on," the Court found that "repeated, involuntary, harassing and intimidating contact" with Vasquez ...
Article • May 15, 2007
teachers who have no tenure, might think they would invite disaster if they read what the Federal Government says contains the seeds of treason. Apart from them, any addressee is likely to feel some ...
with the only discretion being in what kind of treatment. While ever-mindful of the Supreme Court's Sandin v. Conner, 115 S.Ct. 2293 (1995) "atypical and significant hardship" framework for due process analysis ...
plaintiff a trial on what plainly is a jury question of pretext involving credibility would ensnare him in a Kafkaesque trap of circular reasoning. There is no evidence other than conclusory statements ...
Article • May 15, 2007
. The failure in a complaint to cite a statute, or cite the correct one, does not affect the merits. "Factual allegations alone are what matters." (Citation omitted.) At 204: Since the complaint might ...
to fire a guard based on what the prisoners might imagine, could they also fire a guard who was too busty or too sexy? The administrative judge held a hearing at which the prison system pulled out all ...
they could get away with anything because nobody, least of all the sheriff, cared about what went on at the jail. Despite the indictment of seven guards on federal charges of violating prisoners' civil rights ...
on Ziemba's back with the entire weight of his body. It was also determined that three of the guards on the scene had "failed to truthfully report what took place," and that the medical staff had "neglect[ed ...
Article • February 15, 2007 • from PLN February, 2007
be substituted by readers elsewhere.] Russell stresses proper ?federalizing? of all claims in state court by relying upon settled U.S. Supreme Court case law. To guide readers on just what is ?settled? U.S ...
Article • February 15, 2007 • from PLN February, 2007
lock-ups. The total now tops 2 million. What is uncertain is whether Correct Rx will survive as a single entity or be bought out by mega-companies like Omnicare and PHS. ?Economy of scale matters ...
derives money from the exorbitant fees charged to persons that accept prisoner phone calls. This relieves taxpayers from paying for what they so ardently support: Locking up prisoners. See: Presley v. Epps ...
on faulty data provided by the state during the 2005 bidding process. PHS?s bid had provided for 95 hospitalization days per month per 1,000 prisoners, which was fully five times what FDOC had projected ...
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