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Article • November 26, 2012 • from P&J November, 2012
U.S. v. Bout, No. 08 CR 365(SAS) (S.D.N.Y.) (860 F.Supp.2d 303) (February 24, 2012) (Judge Shira A. Scheindlin) by In America, it has become a cardinal operating principle of the courts that they will rarely interfere with the decisions of prison administrators about prison conditions - no matter how harsh …
Article • December 26, 2011 • from P&J December, 2011
U.S. v. C.R., No. 09-CR-155 (E.D.N.Y.) (792 F.Supp.2d 343) (May 16, 2011) (Judge Jack B. Weinstein) by Once again boldly challenging (if not defying) the Second Circuit, and once again attacking the premises and validity of both the child pornography laws and some of the many mandatory minimum sentencing laws, …
Article • July 1, 2007
Ford v. Wainwright, No. 85-5542 (U.S. Supreme Court) (477 U.S. 399; 106 S.Ct. 2595) (June 26, 1986) (Justice Marshall) by In this case, the Supreme Court held that the Eighth Amendment prohibits a state from executing a prisoner who is insane. (Id., at 409-10). In an opinion joined by three …
Article • January 1, 2007 • from P&J January, 2007
Bowers v. City of Philadelphia, No. 06-CV-3229 (E.D.Pa.) (2007 U.S. Dist. LEXIS 5804) (January 25, 2007) (Judge R. Barclay Surrick) by In an important and scathing 76-page ruling, District Judge R. Barclay Surrick concluded that Philadelphia's jails are so overcrowded and dangerous that they violate the constitutional rights of inmates. …
Article • December 1, 2005 • from P&J December, 2005
U.S. v. Georgia, No. 04-1203 (U.S. Supreme Court) (546 U.S. 151; 126 S.Ct. 877) (January 10, 2006) (Justice Scalia) by In this brief and far from momentous ruling, the Supreme Court held that a disabled state inmate may sue a state for money damages under Title II of the Americans …
Article • August 1, 2005 • from P&J August, 2005
U.S. v. Chauncey, No. 04-1529 (8th Cir.) (420 F.3d 864) (August 25, 2005) (Judge Steven M. Colloton) by This case is noted for Judge Lay’s blistering dissent in which he condemned as cruel and unusual punishment a 100-month sentence imposed on the defendant for purchasing less than 2 ounces of …
Article • December 1, 2003 • from P&J December, 2003
Nelson v. Campbell, No. 03-15095 (11th Cir.) (347 F.3d 910) (October 8, 2003) (Judge R. Lanier III Anderson) by Appellant inmate sued, inter alia, appellee corrections commissioner in the United States District Court for the Middle District of Alabama under 42 U.S.C. § 1983 regarding a proposed method of carrying …