Compendium of the Law on Prisoners' Rights, Part 2Federal Judicial Center, 1979 - 503 pages |
From inside the book
Results 1-5 of 100
Page 18
... claims for money damages : Preiser at 411 U.S. 494 , 93 S.Ct. at 1838 , 36 L.Ed.2d at 453 ; and habeas corpus may be ... claim and the habeas relief were both based upon the same occurrences in the state criminal trial proceedings . In ...
... claims for money damages : Preiser at 411 U.S. 494 , 93 S.Ct. at 1838 , 36 L.Ed.2d at 453 ; and habeas corpus may be ... claim and the habeas relief were both based upon the same occurrences in the state criminal trial proceedings . In ...
Page 19
... claims based upon allegedly unlawful conditions of confinement although the claims related to the guilty pleas should be dismiss- ed or held in abeyance . The determination of whether an action is habeas corpus or civil rights can be ...
... claims based upon allegedly unlawful conditions of confinement although the claims related to the guilty pleas should be dismiss- ed or held in abeyance . The determination of whether an action is habeas corpus or civil rights can be ...
Page 20
... claim for relief must be treated as a suit under 42 U.S.C. Section 1983 and not as a petition for a writ of habeas corpus . 571 F.2d at 1269. In that case the court of appeals determined that plaintiff's claim should be treated as civil ...
... claim for relief must be treated as a suit under 42 U.S.C. Section 1983 and not as a petition for a writ of habeas corpus . 571 F.2d at 1269. In that case the court of appeals determined that plaintiff's claim should be treated as civil ...
Page 30
... claim was frivolous , unreasonable , or groundless , or that the plaintiff continued to litigate after it clearly became However , the defendant need not show that the plaintiff acted in bad faith . The Fifth Circuit applied ...
... claim was frivolous , unreasonable , or groundless , or that the plaintiff continued to litigate after it clearly became However , the defendant need not show that the plaintiff acted in bad faith . The Fifth Circuit applied ...
Page 36
... claims are compensable even though they supported the prosecution of unsuccessful claims , and that the simplicity of issues is reflected only in determination of the number of hours reasonably devoted to the successful claims . Courts ...
... claims are compensable even though they supported the prosecution of unsuccessful claims , and that the simplicity of issues is reflected only in determination of the number of hours reasonably devoted to the successful claims . Courts ...
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Common terms and phrases
10th Cir 1st Cir 3d Cir 5th Cir acts administrative affirmed the district arrest attorney award body cavity search cause of action cell cert charged Circuit civil rights action claim collateral estoppel complaint conduct constitutional rights constitutional violation correctional counsel court found court further court held court noted court of appeals criminal cruel and unusual custody decision defendant deliberate indifference denial denied deprivation determined disciplinary dismissed district court due process clause Eighth Amendment Eleventh Amendment entitled Estelle F.Supp faith federal court fees forma pauperis Fourteenth Amendment Fourth Amendment granted habeas corpus hearing immunity injunctive relief inmates institution jail judge liability medical treatment ment money damages plaintiff alleged pretrial detainees prison officials prisoner's probable cause procedures Procunier reasonable regulations remanded respondeat superior S.Ct segregation standards statute summary judgment supra Supreme Court tion tort trial United unusual punishment warden Wolff
Popular passages
Page 12 - All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
Page 468 - When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
Page 15 - Title 42 which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States...
Page 14 - If two or more persons in any state or territory conspire, or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection Opinion of the Court. of the laws, or of equal privileges and immunities under the laws...
Page 502 - In a case, of actual controversy within Its Jurisdiction, except with respect to Federal taxes, any court of the United States upon the filing of an appropriate pleading, may declare the rights and other legal relations of any interested party seeking such declaration, whether or not further relief is or could he sought.
Page 12 - Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
Page 282 - consideration of what procedures due process may require under any given set of circumstances must begin with a determination of the precise nature of the government function involved as well as of the private interest that has been affected by governmental action.
Page 62 - In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Page 135 - Whatever imprecision inheres in these terms, we think it clear that a government regulation is sufficiently justified if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.
Page 470 - ... the common law, as modified and changed by the constitution and statutes of the State wherein the court having jurisdiction of such civil or criminal cause is held, so far as the same is not inconsistent with the Constitution and laws of the United States, shall be extended to and govern the said courts in the trial and disposition of the cause, and, if it is of a criminal nature, in the infliction of punishment on the party found guilty.