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Making the Bad Guy Pay: The Growing Use of Cost Shifting as an Economic Sanction
Article • April 15, 2008 • from PLN April, 2008
Filed under: Work Release, Prison Labor, Medical Expenses, Prisoner Privileges, Rehabilitation/Recidivism, Parole, Probation, Seizure of Prisoner Funds, Restitution, Bond Fees, Booking Fees
at the diversion center is $600, her monthly transportation costs $52, and miscellaneous other expenses eat up what's left. Hurley's attorney explains "[t]his is a situation where if this woman was able to write ...
Johnson v. Pearson-316 F.Supp.2d 307 (E.D.Va. 2004)
Case • 2004
conduct to be unlawful does not prevent the denial of qualified immunity). What is obvious is that the contour must be clear such that "a reasonable official would understand that what he is doing violates ...
Daniels v. City of New York-198 F.R.D. 409 (S.D.N.Y. 2001)
Case • 2001
force was used in dealing with that plaintiff. The amount of force utilized undoubtedly varied from plaintiff to plaintiff and what might be excessive in one case might be justified in another ...
In re the Termination of Parental Rights to Max G.-716 N.W.2d 845 (WI 2006)
Case • 2006
Wis. 2d 433, 665 N.W.2d 785); State v. Cole, 2003 WI 59, ¶10, 262 Wis. 2d 167, 663 N.W.2d 700. [33] ¶20 The purpose of statutory interpretation is to determine what a statute means so that it may ...
Lugosch v. Pyramid Co.-435 F.3d 110 (2nd Cir. 2006)
Case • 2006
over a decade before we set forth in Amodeo I and Amodeo II the standard for determining when a document is a judicial document and what the weight of the presumption of access should be, we stated ...
Norwood v. Woodford-583 F. Supp. 2d 1200 (S.D. Cal. 2008)
Case • 2008
the deprivation of what this court has defined as a basic human need." Id. Similarly, in Lopez v. Smith, 203 F.3d 1122, 1133 (9th Cir. 2000), the Ninth Circuit held that the objective element of the Eighth ...
Kiman v. New Hampshire Dept. of Corrections-451 F.3d 274 (1st Cir. 2006)
Case • 2006
not address this issue in its opinion. The Supreme Court's recent decision in Georgia clarifies the appropriate inquiry on remand. The district court will have to determine, on an issue-by-issue basis, "to what ...
Ford v. County of Grand Traverse-535 F.3d 483 (6th Cir. 2008)
Case • 2008
to the jury after a litigant has taken a chance on what the jury will do and after the jury has resolved the issue against him" (internal quotation marks omitted)). Relying on these legal authorities, Ford ...
Bullock v. Dart-599 F.Supp.2d 947 (N.D. Ill. 2009)
Case • 2009
of actual discharges, out of) the Jail diverges based on two factors: the inmate's sex, and whether the inmate obtained a dismissal mittimus. As explained below, the combination of these factors is what ...
Ford v. County of Grand Traverse-535 F.3d 483 (6th Cir. 2008)
Case • 2008
after a litigant has taken a chance on what the jury will do and after the jury has resolved the issue against him? (internal quotation marks omitted)). Relying on these legal authorities, Ford argues ...
Tobias v. County of Putnam-191 F.Supp.2d 364 (S.D.N.Y. 2002)
Case • 2002
with someone he knew from his undercover narcotics work. Id. at 43:14-24. He spoke to the receptionist for the narcotics unit, who told him, "Billy, what the heck are you doing? Just surrender yourself and we'll ...
Harper v. City of Los Angeles-533 F.3d 1010 (9th Cir. 2008)
Case • 2008
Officers Harper, Liddy and Ortiz. Because the Lobos arrest--during which Perez alleged that the Officers planted a gun on Lobos--is central to this appeal, what follows is a [**6] detailed account ...
Dodge v. County of Orange-209 F.R.D. 65 (S.D.N.Y. 2002)
Case • 2002
trigger the machine, even though the keys were outside of the machine. (Tr. at 69.) He testified that, carrying what he usually carries in his pockets, he set off the metal detector every time he went near ...
Carothers v. Follette-314 F.Supp. 1014 (S.D.N.Y. 1970).
Case • 1970
the prisoner and his counsel, should be the arbiter as to what constitutes attorney-client communications. [40] Except for the unsupported statement that "even judges have from time to time fallen ...
New York State National Organization for Women v.-261 F.3d 156 (2d Cir. 2001)
Case • 2001
.2d 505, 508-09 (2d Cir. 1983). [47] What the parties do dispute is whether this is the only property interest at issue in the instant case or whether, when a state affords alternative procedural ...
Thielman v. Leean-140 F.Supp.2d 982 (W.D.Wis. 2001)
Case • 2001
, plaintiff has complained that his April 22, 1999 care plan was deficient because it lacked an Axis II diagnosis, yet he has adduced no evidence to show what that diagnosis should have been or how the omission ...
Lewis v. Sullivan-135 F.Supp.2d 954 (W.D.Wis. 2001)
Case • 2001
are identical"). Access to the court cases often implicate both due process and equal protection. After all, fair access to procedures is what underlies the claims of invidious discrimination in these cases ...
Five Years after Implementation, PREA Standards Remain Inadequate
Article • November 8, 2017 • from PLN November, 2017
Filed under: Sexual Assault, Prisoner-Staff Assault, Federal Statutory Law, Prison Rape Elimination Act
incidents of sexual misconduct, not simply what is “feasible.” The TDCJ has a very low rate of substantiated complaints, which some experts say reflects an unwillingness to properly follow-up ...
Prison Rape Elimination Act Standards Finally in Effect, but Will They be Effective?
Article • September 15, 2013 • from PLN September, 2013
Filed under: Staff-Prisoner Assault, Prisoner-Prisoner Assault, Staff-Prisoner Harassment, Prisoner-Prisoner Harassment, PLRA, Administrative Exhaustion (PLRA), Physical Injury Rule, Prison Rape Elimination Act
officials. "Protecting prisoners from sexual abuse remains a challenge in correctional facilities across the country," the NPREC wrote. "Too often, in what should be secure environments, men, women ...
Doe Et Al v Jindal Et Al La Order Grant Pltf Motion for Summary Judgment 2012
Brief • March 29, 2012
exists for criminally distinguishing between what is otherwise identical criminal conduct and that their constitutional right to Equal Protection of the laws continues to be violated because they remain ...
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