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Article • May 1, 1999 • from P&J May, 1999
Jenkins v. Haubert, No. 98-2408 (2nd Cir.) (179 F.3d 19) (May 26, 1999) (Judge John M. Jr. Walker) by Here the Court ruled that prisoners can bring civil rights suits alleging constitutional violations arising from intra-prison disciplinary sanctions, since such claims relate to conditions of confiement and not the length …
Article • January 1, 1999 • from P&J January, 1999
U.S. v. Walsh, No. 96-CR-1C(sc). (W.D.N.Y.) (27 F.Supp.2d 186) (July 14, 1998) (Judge John T. Curtin) by This case brings us another example of a topic that is beginning to appear on the front pages of most American newspapers - prison brutality and bestiality. It also brings us this year's …
Article • February 1, 1998 • from P&J February, 1998
Zehner v. Trigg, No. 97-1251 (7th Cir.) (133 F.3d 459) (December 31, 1997) (Judge Walter J. Cummings) by
Article • February 1, 1998 • from P&J February, 1998
Heisler v. Kralik, No. 94 CIV 2243 (DLC) (S.D.N.Y.) (981 F.Supp. 830) (October 29, 1997) (Judge Denise Cote) by This case presents a current review of the bases upon which Federal prisoners can bring Bivens type actions. Rish v. Johnson, 131 F.3d 1092 (4th Cir. 1997) (Judge Wilkins) Heisler v. …
Article • December 1, 1997 • from P&J December, 1997
U.S. v. Crochiere, No. 97-1555 (1st Cir.) (129 F.3d 233) (November 18, 1997) (Judge Sandra L. Lynch) by Proof of an overt act not required under Federal criminal civil rights statute; but case lists contrary holdings in other circuits. In case of first impression, court held that Government was not …
Article • September 1, 1997 • from P&J September, 1997
Beverati v. Smith, No. 96-7520 (4th Cir.) (120 F.3d 500) (August 11, 1997) (Judge William W. Jr. Wilkins) by Not too long ago, Chief Judge Posner wrote: "We should have a realistic conception of the composition of the prison and jail population before deciding that they are scum entitled to …
Article • September 1, 1996 • from P&J September, 1996
Parker v. Boyer, No. 95-3988 (8th Cir.) (93 F.3d 445) (August 16, 1996) (Judge Morris Sheppard Arnold) by This decision focuses on one of the increasingly common tactics used by law enforcement officials at the time of their "raids" to collect evidence - namely titillating the press by recording the …
Article • February 1, 1996 • from P&J February, 1996
U.S. v. Lanier, No. 93-5608 (6th Cir.) (73 F.3d 1380) (January 23, 1996) (Judge Gilbert S. Merritt) by In this case, the Sixth Circuit vacated the convictions of a state judge who was prosecuted under 18 USC § 242 for sexually assualting five women in his chambers, holding that § …
Article • January 1, 1996 • from P&J January, 1996
Muhammad v. City of New York Dept. of Corrections, No. 91 Civ. 6333 (LAP) (S.D.N.Y.) (904 F.Supp. 161) (October 17, 1995) (Judge Loretta A. Preska) by This 40 page decision involves an action brought by a number of inmate/plaintiffs under 42 U.S.C. § 1983 in which they sought damages and …