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Brief • 2006
of California. The City operates under its authority 3 the San Leandro Police Department. 4 7. At all times mentioned herein, Defendant JOSEPH KITCHEN (“KITCHEN”) was 5 employed by defendant CITY as Chief ...
Brief • 2006
children safe from sexual offenses. Yet the Act imposes its residency restrictions and other significant penalties on all people on the registry - even those like Plaintiff Wendy Whitaker who ...
Brief • 2010
, and as parent and next friend of Matthew Swift, Jason’s minor son, filed a Second Amended and Supplemental Complaint against the City (by and through its Finance Director Ronald Wunschel), Lieutenant ...
the effect of its ruling to cases which were not yet final at the time (June 20, 2001). Of course, the ruling in Apprendi would be applicable to the unconstitutional application of the firearm enhancement from ...
Judge Gloria M. Navarro, Page 3 findings and recommendations to the Judicial Council. Pursuant to JC&D Rule 17, the Committee delivered its report and recommendations to the Judicial Council on January ...
Case • 2002
Houses its District of Columbia Inmates in Both VDOC and BOP Prison Facilities 12. In 1997, Congress passed the Revitalization Act, which required the District of Columbia Department of Corrections ("D.C ...
Case • 2002
. [26] C. BOP Houses its District of Columbia Inmates in Both VDOC and BOP Prison Facilities [27] 12. In 1997, Congress passed the Revitalization Act, which required the District of Columbia ...
Case • 2001
pertaining to its own program, Rosenberger v. Rector and Visitors of Univ. of Va., 515 U. S. 819, 833. Although the government has the latitude to ensure that its own message is being delivered, neither ...
Publication
looking at terminal illnesses, one year or less to live, permanent physical or mental conditions which severely incapacitate the inmate. The inmates have to have a release plan, a residence, health care ...
Case • 1991
remedies, petitioners brought separate article 78 petitions challenging the determinations as unsupported by substantial evidence. While excluding from its consideration any information provided against ...
Case • 1994
). Prater contends the district court possessed and properly exercised its discretion to decline jurisdiction over the state-law claims and, in any event, McLaurin did not plead any causes of action other ...
Case • 1993
a letter to Judge Ely stating that the Department of Corrections, after discussing the case with its counsel, had decided not to release Slone because it did not believe the Missouri statutes authorized his ...
Case • 1985
asserted, thus shifting the burden to the government to show that the claim could have been litigated in the first action. [32] We therefore hold that the court below abused its discretion in finding ...
Case • 1979
. Inmates who would be recommended for such a program would be: 1) Escape risks, 2) Assaultive, 3) Protection cases, 4) Mental health cases (unstable, unpredictable behavior patterns), and 5) Notoriety cases ...
Case • 2005
-prisoners, but it would defeat the interest of the legislature in its "duty to protect the public health, safety, and welfare . . . by ensuring that prosecutors and crime victims could continue to be able ...
Case • 1999
] The court did not abuse its discretion in dismissing Harper's claim as it relates to his classification. "Inmates have no protectable property or liberty interest in custodial classifications." Whitley v ...
Case • 2004
fees, awarding $71,782.50 in fees and $2,201.08 in costs, based on a lodestar of $57,426 and a multiplier of 1.25. In doing so, the district court incorporated its previous rulings on standing, the PLRA ...
Case • 1996
a letter to Judge Ely stating that the Department of Corrections, after discussing the case with its counsel, had decided not to release Slone because it did not believe the Missouri statutes authorized his ...
Case • 1998
, 111 F.3d 1364, 1370-72 (7th Cir. 1997). His unmedicated epileptic condition while at the jail posed a serious threat to his health. But to be actionable, Hudson must establish a deliberate indifference ...
Case • 2004
to survive a motion to dismiss is "exceedingly low." See Ancata v. Prison Health Servs., Inc., 769 F.2d 700, 703 (11th Cir. 1985) (citation omitted). DISCUSSION A. Punitive Damages To the extent ...
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