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Article • January 1, 1996 • from P&J January, 1996
Spear v. Sowders, No. 93-5528 (6th Cir.) (71 F.3d 626) (December 19, 1995) (Judge Danny J. Boggs) by On Christmas Day, 1990, Tina Spear went to a Kentucky prison to visit her boyfriend. Upon her arrival, she was informed that she would not be permitted to visit unless she submitted …
Article • October 1, 1995
Harris v. Ostrout, No. 94-4548 (11th Cir.) (65 F.3d 912) (September 29, 1995) (Per Curiam) by In this case the court granted summary judgment to the prison officials where the strip search policy was to "strip all 'close management' prisoners . . . before they leave their cells for any …
Article • August 1, 1995
McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1461) (May 8, 1995) (Judge Alex Kozinski) by In this case the Court held that it would not constitute cruel and unusual punishment to exectue a prisoner after a delay of 20 years between his date of conviction and his date …
Article • August 1, 1995
McKenzie v. Day, No. 95-99006 (9th Cir.) (57 F.3d 1493) (May 9, 1995) (Per Curiam) by Here an en banc court refused to grant a stay from the panel's previous ruling that it would not constitute cruel and unusual punishment to exectue a prisoner after a delay of 20 years …
Article • June 1, 1995
U.S. v. Sherman, No. 94-2414 (7th Cir.) (53 F.3d 782) (April 17, 1995) (Judge John L. Coffey) by Case is noted for its discussion of the adequacy of the BOP's medical care. In note 7 on page 786 the Court makes reference to a recent study by the General Accounting …
Article • April 1, 1995
Berryman v. Rieger, No. 93-2232 (6th Cir.) (47 F.3d 1167) (January 26, 1995) (Judge Gilbert S. Merritt) by
Article • January 1, 1994
Handschu v. Special Services Division, No. 85-7480 (2nd Cir.) (787 F.2d 828) (April 19, 1986) (Judge Ellsworth A. Van Graafeiland) by The plaintiff-appellants class members of this civil rights lawsuit sought review of an order of the United States District Court for the Southern District of New York, which approved …
Article • January 1, 1994
U.S. v. Alvarez-Machain, No. 90-50459 (9th Cir.) (946 F.2d 1466) (October 18, 1991) (Per Curiam) by The government challenged the judgment of the District Court for the Central District of California, which dismissed its indictment and determined that defendant, who was a Mexican national, was forcibly seized and brought to …
Article • January 1, 1994
Handschu v. Special Services Division, No. 71 Civ. 2203-CSH (S.D.N.Y.) (605 F.Supp. 1384) (March 7, 1985) (Judge Charles S. Jr. Haight) by Here the Court approved a consent decree under which the New York City police were restricted in their surveillance activities and tactics against various types of search and …
Article • January 1, 1994
U.S. v. Magana-Olvera, No. 88-3280 (9th Cir.) (917 F.2d 401) (October 23, 1990) (Judge Cynthia Holcomb Hall) by Here the Court held that if the first indictment is dismissed without prejudice on the government's motion, the statutory time limit is merely suspended until a new indictment is returned; the 70-day …
Article • January 1, 1994
Filartiga v. Pena-Irala, No. 79-6090, No. 191 (2nd Cir.) (630 F.2d 876) (June 30, 1980) (Judge Irving R. Kaufman) by In this landmark case, the Second Circuit breathed new life into the Alien Tort statute, which is also sometimes referred to as the Alien Tort Claims Act, and is herein …
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