what - Search | Prison Legal News

Tennessee v. Garner-471 U.S. 1, 105 S.Ct. 1694, 85 L.Ed.2d.1 (1985).

Case • 1985

17, 105 (1974); Conklin & Bittner, Burglary in a Suburb, 11 Criminology 208, 214 (1973). [50] V [51] We wish to make clear what our holding means in the context of this case. The complaint ...

Pulliam v. Allen-104 S.Ct. 1970 (1984)

Case • 1984

in independent judicial decisionmaking. See Taaffe v. Downes, reprinted in footnote in Calder v. Halket, 13 Eng. Rep. 12, 18, n. (a) (P. C. 1840) ("An action before one Judge for what is done by another ...

Mary Beth G. v. City of Chicago-723 F.2d 1263 (7th Cir. 1983)

Case • 1983

, 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 ...

Maine v. Thiboutot-100 S.Ct. 2502 (1980)

Case • 1980

the phrase "and laws," as used in § 1983, means what it says, or whether it should be limited to some subset of laws. Given that Congress attached no modifiers to the phrase, the plain language of the statute ...

Rhodes v. Chapman-452 U.S. 337, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981)

Case • 1981

conditions, and to discuss the factors courts should consider in undertaking such scrutiny. [40] I [41] Although this Court has never before considered what prison conditions constitute "cruel ...

Sample v. Diecks-885 F.2d 1099 (3rd Cir. 1989)

Case • 1989

to release Sample. [30] Sample was imprisoned in Philadelphia until late April 1980. During this period he contacted his social worker about what he believed to be an illegal imprisonment, and he also ...

Jeffers v. Gomez-240 F.3d 849 (9th Cir. 2001)

Case • 2001

at summary judgment are not immediately appealable merely because they happen to arise in a qualified-immunity case; if what is at issue in the sufficiency determination is nothing more than whether ...

Haverty v. Commissioner of Corrections-776 N.E.2d 973 (Mass. 2002)

Case • 2002

policy changes, the physical configuration of the two wings was not changed. Rather, the defendants implemented what they term operational changes directed at the prisoners themselves. The parties do ...

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 ...