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Robertson v. Contra Costa County, CA, Complaint, Solitary Confinement, 2016

Brief • April 14, 2016

Filed under: Disabled Prisoners, Conditions of Confinement, Control Units/SHU/Solitary Confinement, Failure to Treat (Mental Illness), Cruel and Unusual Punishment

; (2) Article I, Sections 7 and 17 of the California Constitution; (3) the 6 Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12101, et seq.; (4) Section 504 of 7 the Rehabilitation Act, 29 U.S.C ...

Perkins v. Hedricks-340 F.3d 582 (8th Cir. 2003)

Case • 2003

Perkins v. Hedricks - 340 F.3d 582 (8th Cir. 2003) - 2003 Perkins v. Hedricks, 340 F.3d 582 (8th Cir. 08/14/2003) [1] U.S. Court of Appeals, Eighth Circuit [2] No. 03-1808 [3 ...

FRCP 12(b)(6) Standard Applied to PLRA Dismissals

Article • October 15, 1998 • from PLN October, 1998

Filed under: PLRA, Filing Fees (PLRA), Complaints

dismissed the suit without prejudice pursuant to 42 U.S.C. § 1997e(c). The court of appeals affirmed the dismissal. Both § 1915(e)(2) and § 1997e(c) require district courts to review prisoner lawsuits ...

Second Circuit Orders District Court to Decided Vote Dilution Case

Article • May 15, 2011

Filed under: Organizing, Voting, Voting Rights Act

that the FDL violated prisoners' civil rights under the First, Fourteenth and Fifteenth Amendments; 42 U.S.C. §§ 1971(a)(1), 1971(a)(2)(A), 1971(a)(2)(B) and 1973 (The Voting Rights Act); certain international ...

Washington Child Support Minimum Struck Down

Article • July 15, 1998 • from PLN July, 1998

Filed under: Seizure of Prisoner Funds, Family Law, State Statutes, Child Support and Establishment of Paternity Act

was indigent due to being in prison and the amount was excessive. The appeals court reversed and remanded. The federal Child Support and Establishment of Paternity Act, 42 U.S.C. § 667(b)(2), requires ...

PLN US Supreme Court Amicus Brief Jones v. Bock. PLRA Exhaustion

Filing

; or instead, whether non-exhaustion is an affirmative defense. 2. Whether the PLRA provides a “total exhaustion” rule, which requires the dismissal, without leave to amend, of a prisoner’s entire federal civil ...

Thomas v. Lincoln County, OR, Complaint, Jail Death, 2017

Brief • April 28, 2017

Filed under: Jail Misconduct, Environmental Law, Jail Specific, Wrongful Death, Mental Health, Failure to Treat (Mental Illness)

. Jurisdiction over the federal claims arises through 28 U.S.C. § 1331 while jurisdiction of the state law claims arises through 28 U.S.C. § 1367. 2. Venue is proper under 42 U.S.C. § 1391(b) in that one or more ...

Jones v. Bock, US, Amicus Brief - PLN, PLRA Admin Remedies and Total Exhaustion Rule, 2005

Brief • November 17, 2005

Filed under: PLRA, Administrative Exhaustion (PLRA), PLN Litigation, PLN related

administrative remedies; or instead, whether non-exhaustion is an affirmative defense. 2. Whether the PLRA provides a “total exhaustion” rule, which requires the dismissal, without leave to amend, of a prisoner’s ...

PLN US Supreme Court Amicus Brief in support of certiorari in Jones v. Bock. Michigan PLRA administrative exhaustion case, 2005

Filing

with particularity how the prisoner exhausted his or her administrative remedies; or instead, whether non-exhaustion is an affirmative defense. 2. Whether the PLRA provides a “total exhaustion” rule, which requires ...

Navedo v. Maloney-172 F.Supp.2d 276 (D MA 2001)

Case • 2001

of has been committed under color of state law, and 2) that this conduct worked a denial of rights secured by the Constitution or laws of the United States. Barreto-Rivera v. Medina-Vargas, 168 F.3d 42, 45 ...

Us Pennsylvania Doc Pa Consent Decree Epa Disclosure Emissions 2010

Brief • 2010

") with actual notice of the alleged violations in accordance with Section 113(a)(1) and (b) of the Act, 42 U.S.C. § 7413(a)(1) and (b); WHEREAS, the Parties have agreed that settlement of this action is in the 2 ...

A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE

Article • July 15, 2007

Filed under: Deaf Prisoners, Disabled Prisoners, Blind Prisoners, Medical, HIV/AIDS, Attorney Fee Awards, Attorney Fees (PLRA), Administrative Exhaustion (PLRA), Physical Injury Rule, Injunctions (PLRA), Damages, Injunctions, Costs, Juries, Expert Witnesses, Trials, Americans with Disabilities Act, Rehabilitation Act, Interpreters, Eleventh Amendment Immunity, Qualified Immunity, Municipal Liability, Contractor Liability, Sovereign Immunity, Failure to Train/Supervise, Failure to Treat (Mental Illness), Suicides

, interlocutory appeals from the denial of qualified immunity to a defendant, municipal immunity, and Eleventh Amendment immunity all combine to make civil rights actions under 42 U.S.C. §19831 problematic ...

Disability Rights Florida v. Crews, FL, Complaint, Wexford Mental Health Class Action, 2014

Brief • September 9, 2014

Filed under: Private Contractors, Totality of Conditions, Mental Health, Failure to Treat (Mental Illness)

by the Constitution of the United States, as well as being brought pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Federal Rehabilitation Act, 20 U.S.C. § 794. 2. This Court has ...

Disability Rights Florida v. Crews, FL, Complaint, ADA mentally disabled prisoners, 2014

Brief • September 9, 2014

Filed under: Disabled Prisoners, Americans with Disabilities Act, Failure to Treat (Mental Illness)

by the Constitution of the United States, as well as being brought pursuant to the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Federal Rehabilitation Act, 20 U.S.C. § 794. 2. This Court has ...

Vibert v. County of Rensselaer, et al., NY, Complaint, Sheriff's Office Corruption, 2014

Brief • January 7, 2014

Filed under: Gender Discrimination -- Women, Retaliation against Staff, Jail Specific, First Amendment, rights, Fourth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights

damages for the deprivation, under color of state law, of the rights of citizens of the United States secured by the Constitution and federal law pursuant to 42 USC § 1983. 2. This Court has supplemental ...

Dasovich v. Contra Costa County, CA, First Amended Complaint, Excessive Force - K9 Attack, 2014

Brief • July 28, 2014

Filed under: Dogs, Excessive Force (Police), Traffic stop, Negligence/Reckless Endangerment

. § 1988. FIRST CLAIM FOR RELIEF 42 u.s.c. § 1983 (By Plaintiff Steven Dasovich Against TIM ALLEN) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22. Plaintiffs incorporate the foregoing ...

Heines v Sacramento Co Ca Complaint and Attachments Bunk Bed Fall 2004

Brief • September 27, 2004

(42 V.S.c. Section 1983) (Against Defendants BLANAS, IWASA, O'SHAUGHNESSY and DOES XI through XX) 4 6 p. 13 THIRD CLAlM.mR BELIEF 2 3 No.OBB5 43. Plaintiff re-alleges and incorporates ...

Tp v. City of San Leandro Complaint Police Taser Death 2006

Brief • 2006

Tp v. City of San Leandro Complaint Police Taser Death 2006 Case 3:06-cv-06009-CRB 1 2 3 4 5 6 Document 22 Filed 11/17/2006 Page 1 of 21 JOHN L. BURRIS, Esq./ State Bar #69888 BENJAMIN NISENBAUM ...

Justice Fellowship Religon Behind Bars Handbook 2002

Publication

Filed under: Religious Freedom

in paragraph (1) or (2) of section 606 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a). What kinds of facilities are covered by RFRA and RLUIPA? Federal and state prisons, jails, juvenile detention ...

Smith v Odrc Oh Asbestos Exposure Suit Complaint 2008

Brief • January 4, 2008

, and declaratory relief brought pursuant to 42 U.S.C. §1983 and §1988, the First, Eighth, and Fourteenth Amendments to the United States Constitution, and the common law of the State of Ohio. 2. The Chillicothe ...