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In Re Bayside Prison Litigation-190 F.Supp.2d 755 (D NJ 2002)

Case • 2002

. 319, 326, 104 L. Ed. 2d 338, 109 S. Ct. 1827 (1989). [**13] B. What Matters Not Contained in the Pleadings May Be Considered on a Motion to Dismiss Without Conversion to a Motion for Summary Judgment ...

State Farm Insurance Co. v. Campbell-123 S.Ct. 1513 (2003)

Case • 2003

. . . . [I]t transcends the Campbell file. It involves a nationwide practice. And you, here, are going to be evaluating and assessing, and hopefully requiring State Farm to stand accountable for what it's ...

Acree v. Republic of Iraq-370 F.3d 41 (D.C. Cir. 2004)

Case • 2004

Acree v. Republic of Iraq - 370 F.3d 41 (D.C. Cir. 2004) - 2004 Acree v. Republic of Iraq, 370 F.3d 41 (D.C.Cir. 06/04/2004) [1] UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT [2] No. 03-5232 [3] 370 F.3d 41, 2004 [4] June 04, 2004 [5] CLIFFORD …

Murray v. Giarratano-492 U.S. 1, 109 S.Ct. 2765, 106 L.Ed.2d 1 (1989).

Case • 1989

not afford prisoners a meaningful right of access to the courts, in the opinion of the District Court, because they did not guarantee them "the continuous assistance of counsel." Ibid. With what the District ...

Lyons v. City of Los Angeles-461 U.S. 95, 103 S.Ct. 1660, 75 L.Ed.2d 675 (1983)

Case • 1983

threat of injury necessary to make out a case or controversy. The claim of injury rested upon "what one of a small, unnamed minority of policemen might do to them in the future [ 461 U.S. Page 104 ...

Cunningham v. California-549 U.S. 270, 127 S.Ct. 856, 166 L.Ed.2d 856 (2007)

Case • 2007

the Guidelines advisory came closest to what Congress would have intended had it known that the Guidelines were vulnerable to a Sixth Amendment challenge. Under the advisory Guidelines system described in Booker ...

Federal Legal Standards for Prison Medical Care

Article • May 15, 2003 • from PLN May, 2003

Filed under: CMS, Disabled Prisoners, Medical, Medication, Systemic Medical Neglect, Medical Expenses, Eighth Amendment, Administrative Exhaustion (PLRA), Physical Injury Rule, Supervisory Liability, Contractor Liability

the federal legal standard for providing medical care, what level of care will and will not violate this Federal standard, how private companies or their staff may be liable, and the impact the Prison ...

LaMaire v. Maass-745 F. Supp. 623 (D. Or. 1990)

Case • 1990

)). [56] II. Determining What is "Cruel and Unusual" [57] The terms "cruel and unusual" must be interpreted in a "flexible and dynamic manner." Gregg v. Georgia, 428 U.S. 153, 171, 49 L. Ed ...

Mary Beth G. v. City of Chicago-723 F.2d 1263 (7th Cir. 1984)

Case • 1984

, unless specific reasons exist that justify intensifying the search. In characterizing what constitutes a full search incident to arrest, the Robinson Court quoted with approval language from Terry ...

Martens v. Thomann-273 F.3d 159 (2d Cir. 2001)

Case • 2001

in this Circuit's case law, except in situations inapposite to the case before us. Unfortunately, neither the parties nor the court below clarified precisely what relief was being requested and under what rule ...

Castaneda v. Henneford-546 F.3d 682 (9th Cir. 2008)

Case • 2008

... which is brought for a violation of the Constitution of the United States.? Id. § 2679(b)(2)(A). In so doing, Congress made explicit what, when Carlson was decided, had previously been implicit ...

Nelson v. Correctional Medical Services-583 F.3d 522 (8th Cir. 2009)

Case • 2009

, of course you don't want to put shackles on that inmate. That is just common sense. I do the same thing with pregnant inmates. I would not shackle a pregnant inmate." (emphasis supplied). When asked what ...

Prison Visitation: A Fifty State Survey

Article • May 15, 2013 • from PLN May, 2013

Filed under: Statistics/Trends, Rehabilitation/Recidivism, Visiting, Extended Family Visiting

of institutional security or recidivism? To what extent does the general attitude towards visitation articulated in policy directives correlate with actual visitation policy? No clear regional, geographic ...

Prosecutorial Misconduct: Taking the Justice Out of Criminal Justice

Article • November 8, 2014 • from PLN November, 2014

Filed under: Government Misconduct, Prosecutor/Attorney General Misconduct, Criminal Prosecution, Attorney Misconduct, Attorneys General, Prosecutors, Wrongful Conviction, Wrongful Imprisonment, Prosecutorial Immunity, Criminal Procedure

whether any prosecutors had ever said they were sorry for his wrongful conviction, Thompson responded, “Sorry? For what? You tell me that. Tell me what the hell would they be sorry for. They tried ...

Stenson v Vail Wa Complaint for Decl Judgment and Inj Relief Lethal Injection 2008

Brief • September 5, 2008

of intravenous line problems, such as blockage and infiltration, and what necessary measures to take in the event of such instances. 58. The Policy fails to provide for backup doses of thiopental sodium to be 45 ...

Schwarzenegger v Plata Joint Opp to App for Stay Prison Overcrowing 2009

Brief • 2009

, to determine whether the extreme overcrowding in California’s prisons is the primary cause of the violations found to exist in Plata and Coleman, and to what extent, if any, the population of California’s ...

Walker v. Moody, CA, Complaint, Detective Misconduct, 2011

Brief • September 14, 2011

Filed under: Police Misconduct, False Arrest, Fourth Amendment, rights

discussion of a potential right to postconviction access to DNA evidence is framed in terms of what procedures are required by the Constitution. Chief Justice Roberts specifically distinguished the Court’s ...

Fletcher v Lamone Md Three Judge Opinion Redistricting Based on Inmate Populations 2011

Brief • December 23, 2011

decisions. The results of the 2006 Democratic primary elections in Montgomery County are of particular interest, as they provide, 27 Case 8:11-cv-03220-RWT Document 54 Filed 12/23/11 Page 28 of 55 what Dr ...

Scott Et Al v Doc Et Al Va Complaint Deficient Health Care for Women 2012

Brief • July 24, 2012

of treatment, in order to determine what each such prisoner might need by way of continuing attention and/or treatment during her term of incarceration at FCCW. 21. The nurses also preside over and administer ...

Hadix v Caruso Mi Opp to Term Relief Re Mental-health Jmf 2007

Brief • December 18, 2007

is remarkable for what it leaves out as well as how its repetition of points that the record flatly refutes. Defendants’ first incorrect claim is that the Court based relief solely on two deaths, the death of T.S ...