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Case • 2007
conclusion: the federal DNA Act and its State law analogues survive FourthAmendment scrutiny. [36] Like the circuit split on which Fourth-Amendment test to apply, our own precedents are divided ...
Brief • March 10, 2013
, and the Constitution of the State of Colorado. 16. At all times material, CCA had a duty to enact policies and procedures to ensure prisoners access to timely medical treatment, and to train and supervise its staff ...
Brief • 2007
Vitale and Kelly are the following: Torture is illegal under U.S. and International Law; Despite its illegality, the U.S. has an extensive history of use of torture in interrogations and intelligence ...
Brief • November 12, 2016
of Oregon and is a person for purposes of 42 U.S.C. § 1983. Under its authority, Deschutes County operates the Deschutes County Sheriff’s Office. The Sheriff’s Office operates the Deschutes County Adult Jail ...
Publication
not be deemed fundamental and essential to fair trials in some countries, but it is in ours.6 In describing the essential nature of counsel for those accused of crimes, the Court quoted from its earlier decision ...
Brief • April 14, 2022
Greensboro, and along with its staff and clients was an important part of Marcus Deon Smith’s life; WHEREAS, the Parents, Estate, City, County, Officers, and Paramedics have engaged in mediation discussions ...
Publication
Filed under: Religious Freedom
that RLUIPA “clearly does not create a cause of action against the federal government or its correctional facilities”). At least one court has held that only prisoners have standing to bring claims under RLUIPA ...
Publication • May 26, 2016
of workers’ rights. This report makes the first effort to grasp the scale of this problem and its effect on the workplace. In Section I, we explain the three sources of legal power for the government ...
Publication • 2024
for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency or component within ...
Publication • February 9, 2016
favorable to the petitioner, and then evaluate its strength by applying a standard for relief which requires a judge wishing to grant relief to conclude that had the new evidence been presented at trial ...
Publication
Filed under: Sentencing, Parole
of the application for parole or to review the credibility of reports and information received by the Board in making its determination.”); see also William J. Genego et al., Parole Release Decision-making ...
to Provide Adequate Mental Health Care 4. Failure to Provide Reasonable Accommodations to Prisoners with Disabilities This assessment report addresses allegations in reference to prisoners with disabilities ...
Case • 1998
. The question here, then, can be more generally stated as follows: when a particular species of action can be taken only by a multi-member governmental body as a unit or whole, but the body cannot do so if its ...
Case • 2005
intimidate the uncounseled. See id., at ___ - ___. The State does have a legitimate interest in reducing its judiciary's workload, but providing indigents with appellate counsel will yield applications easier ...
Case • 2007
, the parties agreed to issue a joint press release, but otherwise all parties, including the school district and its employees, would decline to comment to the press about the case. The settlement agreement ...
Brief • September 6, 2022
Filed under: Method of Execution
”), the state agency charged with implementing and carrying out the policy of the State of South Carolina with respect to its prison system. See S.C. CODE ANN. § 24-1-30 (1976, as amended); see also S.C. Const ...
Brief • September 26, 2016
Defendants TASER International, Inc. (TASER), and its CEO Patrick “Rick” Smith arise under the laws of Missouri. They are so related to the federal claims, however, that they form part of the same case ...
Publication • August 4, 2016
and other nonassaultive offenders. Its commitment rate for assaultive and sex offenders is very high and, because it keeps those offenders incarcerated for a long time, Michigan’s average length of stay ...
Publication
center (CCC) or the guideline applicable to an escapee from a secure facility. The Third Circuit instructed the district court to consider whether FPC Allenwood is sufficiently similar to a CCC in its ...
Brief • March 9, 2018
Filed under: Bail, Bail Bonds
is liable to Plaintiffs through the actions of three of its final policymakers: Defendants Sheriff Jump, Judge Atwood, and Attorney Zeh. Jump oversees the booking and incarceration of misdemeanor arrestees ...
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