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Brief • 2011
of the population, and thereby create its own enumeration. B. T h e New York State Constitution 41. T h e New York State Constitution prescribes the exclusive permissible method and manner of enumeration for purposes ...
Publication
Filed under: Sentencing, Parole
many changes to its community supervision requirements including requirements for home visits by Community Corrections Officers as part of mandatory contact standards. Though Clemmons' case was handled ...
Publication
Filed under: Military, Military Prisons
efficient for its intended users. Summary. This revision implements established Department of Defense directives and establishes policies and procedures for the securing, treatment, care, and accountability ...
Case • 2004
of Iraq, 271 F. Supp. 2d 179 (D.D.C. 2003) (" Acree I "). [17] Two weeks after the District Court entered its judgment for appellees, the United States filed a motion to intervene for the purpose ...
Publication
CONFINEMENT IN MASSACHUSETTS • • The Commonwealth has yet to identify adequately the nature and scope of the racial disparities in its juvenile justice system. Between 1995 and 2003, the Commonwealth tried ...
Case • 2001
not provide Congress with authority to enact §13981's federal civil remedy. A congressional enactment will be invalidated only upon a plain showing that Congress has exceeded its constitutional bounds. See ...
Case • 1991
director to use health care staff to conduct the exams. The searches revealed seventeen balloons of gunpowder and a detonator cord, but none of the blasting caps the informant had mentioned. [18 ...
Case • 1993
custody in order to ensure the plaintiff's physical and mental safety and well-being; and that defendant Meachum failed to enact and enforce policies and procedures to protect the physical and mental health ...
Case • 1996
of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw ...
Case • 1998
omitted). [25] We affirmed the district court's order by a judgment order on February 25, 1993. See Fontroy v. Owens, 989 F.2d 486 (3d Cir. 1993). Subsequently, the Supreme Court issued its decision ...
Case • 1994
proper proceeding for redress. n2 Although the United States Supreme Court has held that "neither a State nor its officials acting in their official capacities are 'persons' under § 1983," Will v ...
Case • 1993
of innocence, secured only after centuries of struggle, would lose its meaning."). Punishment comes only after conviction by proof beyond a reasonable doubt. In re Winship, 397 U.S. 358, 25 L. Ed. 2d 368, 90 S ...
Case • 1999
to, exhibits, photocopying, postage, telephone calls and travel expenses. See e.g., Kuzma v. I.R.S., 821 F.2d 930, 933-34 (2d Cir. 1987); Aston v. Secretary of Health and Human Services, 808 F.2d 9, 12 (2d Cir ...
Case • 1997
, such as the severity of the cold; its duration; whether the prisoner has alternative means to protect himself from the cold; the adequacy of such alternatives; as well as whether he must endure other uncomfortable ...
Case • 1985
, impair his health. [29] Joint Appendix at 30. Grandison sought compensatory and punitive damages, and injunctive relief. He also moved for leave to proceed in forma pauperis and for the appointment ...
Case • 2003
Virginia Department of Health and Human Resources, 532 U.S. 598 (2001), which rejected the catalyst theory as a legal basis for the recovery of prevailing-party attorneys' fees under the ADA and the FHAA ...
Case • 2001
; it is enough that the official acted or failed to act despite his knowledge of a substantial risk of harm. [32] [But] prison officials who actually knew of a substantial risk to inmate health or safety ...
Case • 2003
constitutional guarantees, but on appeal he pursues only the Eighth [*939] Amendment claim and has thus abandoned the others. See Duncan v. Wis. Dep't of Health & Family Servs., 166 F.3d 930, 934 (7th Cir. 1999 ...
Case • 1996
appeals from civil contempt orders entered against parties to litigation. See Portland Feminist Women's Health Ctr. v. Advocates for Life, Inc., 859 F.2d 681, 687 (9th Cir. 1988); Union of Prof'l Airmen v ...
Case • 2003
.3d 545, 548 (D.C. Cir. 1999) that District Court abused its discretion when it failed to consider the pro se plaintiffs complaint in light of his reply to the motion to dismiss). [20] Wall's ...
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