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Article • February 1, 2022 • from PLN February, 2022
with immigration laws, citing Demore v. Kim, 538 U.S. 510 (2003). Thus, the Court concluded that plaintiffs had not shown that conditions at ICE facilities went beyond what was reasonable to attain those objectives ...
to ensure the state complies with the terms of an injunction issued on August 9, 2021. At that time, in what the state chapter of the American Civil Liberties Union (ACLU) termed a “major victory&rdquo ...
with the consent decree; (5) developing and implementing a sanitation and disinfection program; and (6) hiring additional medical staff. See: 2022 -­ 2023 Grand Jurors’ Report: What’s Taking So Long ...
she did not have a prescription. That puts the lie to claims that Wright was suffering drug-­induced agitation when booked into the jail. But it does not tell Cailler anything about what actually ...
Article • April 1, 2024 • from PLN April, 2024
;course, the Court said. Moreover, what Corizon Health argued was that Hood and Panosky could not testify that Corizon Health NPs or RNs caused the death because they weren’t doctors, and Rosner ...
, and activity tables.” Supervisor Holly Mitchell (D-­2nd Dist.), who voted for the measure, also wondered what the county was giving MHAs for their work. “It is their role that is making ...
; Thus, “no special factors counsel against providing a judicial remedy” for what amounted to a “clear-cut constitutional violation” that would be cognizable under 42 U.S.C. &sect ...
Article • January 15, 2025 • from PLN January, 2025
;closed,’ without explaining what that meant or why the request had been closed,” the Court held that it was insufficient to trigger the SOL. Moreover, that same closing letter invited Cousins ...
Article • January 15, 2025 • from PLN January, 2025
that it furthers “compelling government interest” and is “the least restrictive means” of doing so. The law does not define what constitutes a “substantial burden,” but the Fourth ...
, but the Fourth Amendment still protects them from “unreasonable searches of their bodies,” according to LeVine v. Roebuck, 550 F.3d 684 (8th Cir. 2008). What matters is the “scope, manner ...
Article • January 15, 2025 • from PLN January, 2025
, pointing to People v. Betts, 968 N.W.2d 497 (Mich. 2021). In turn, determining whether a law is criminal versus civil depends on what the legislature intended; if it intended the law as punishment ...
Article • December 15, 2024 • from PLN December, 2024
(incorrectly) he was already married, saying that preventing prisoners from committing bigamy was a “legitimate penological interest,” to borrow the phrase from Turner describing what permits ...
someone for not doing something that they are incapable of doing shocks the conscience regardless of what process may be due prior to arrest.” In July 2012, Greenwald, then 33, was convicted of carnal ...
Article • June 1, 2025 • from PLN June, 2025
state Department of Corrections (DOC) officials of neglecting what turned out to be his end-stage renal disease while he was incarcerated at the Southeast Correctional Center (SECC), in violation of his ...
detainees cried to jailers, “What’s it going to take for you all to call a fucking ambulance?” When they did, emergency responders found him “lying in his own urination and feces ...
Circuits refused to do what the Sixth Circuit did in Brawner—extend Kingsley’s protection from the full deliberate indifference standard for a pretrial detainee’s excessive-force claims ...
to the district court. [See: PLN, Sep. 2024, p.1.] What the Tenth Circuit Found The Tenth Circuit said that Caddell’s Estate had “plausibly alleged deliberate indifference sufficient to defeat a motion ...
In-the-News Article • February 24, 2015
inmates use its program; guards can even watch and listen in on visits from a smartphone. And its archived videos are "fully admissible in court." What's being billed as a curb against ...
In-the-News Article • January 23, 2015
of different things. Even basic crime reporting. The law dissuades them from talking with us. That’s the harm.” The language of the law is vague about what conduct might be a violation&amp ...
In-the-News Article • December 19, 2014
-fulfilling prophecy that if you invest a lot of money in these facilities, then you need to justify the cost and fill it." It was unclear what consequences, if any, responsible Park Service ...
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