Compendium of the Law on Prisoners' Rights, Part 1Federal Judicial Center, 1979 - 503 pages |
From inside the book
Results 1-5 of 37
Page iv
... received editorial assistance from Betsy McKnight and William L. Lafferty and typing assistance from Beverly Ridge , Pat Buddemeyer and Barbara Peterson . Other works on prisoner civil rights cases which the reader may find helpful ...
... received editorial assistance from Betsy McKnight and William L. Lafferty and typing assistance from Beverly Ridge , Pat Buddemeyer and Barbara Peterson . Other works on prisoner civil rights cases which the reader may find helpful ...
Page 26
... received an award of nominal damages . The court stated : " We find no abuse of discretion in Judge Weinstein's conclusion that appellant at most had won a ' moral ' victory of insufficient magnitude to award an award under Section 1988 ...
... received an award of nominal damages . The court stated : " We find no abuse of discretion in Judge Weinstein's conclusion that appellant at most had won a ' moral ' victory of insufficient magnitude to award an award under Section 1988 ...
Page 27
... received by vir- tue of a fee agreement , it can exercise its supervisory powers to fashion its order to ensure that the award goes to compen- sate the client . 579 F.2d at 648 . Referring to the legislative history of the Attorney's ...
... received by vir- tue of a fee agreement , it can exercise its supervisory powers to fashion its order to ensure that the award goes to compen- sate the client . 579 F.2d at 648 . Referring to the legislative history of the Attorney's ...
Page 33
... receiving a fee for time spent litigating the issues of fees . The court stated : " [ T ] he fact that litigation over fees only indirectly benefits the plaintiff class is a consideration of some importance in a determination of the ...
... receiving a fee for time spent litigating the issues of fees . The court stated : " [ T ] he fact that litigation over fees only indirectly benefits the plaintiff class is a consideration of some importance in a determination of the ...
Page 72
... received formal approval through the body's official decision- making channels On the other hand , the language of Section 1983 , read against the back- ground of the same legislative history , compels the conclusion that Congress did ...
... received formal approval through the body's official decision- making channels On the other hand , the language of Section 1983 , read against the back- ground of the same legislative history , compels the conclusion that Congress did ...
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Common terms and phrases
10th Cir 1st Cir 3d Cir 5th Cir acts affirmed the district arrest attorney award cause of action cell cert charges Circuit civil rights action collateral estoppel constitutional rights convicted correctional counsel court found court further court had improperly court held court noted court of appeals criminal cruel and unusual custody decision defendant defendant's deliberate indifference denial denied deprivation discretion dismissed district court due process clause Eighth Amendment Eleventh Amendment entitled equal protection Estelle F.Supp faith federal court fees forma pauperis Fourteenth Amendment Fourth Amendment granted habeas corpus immunity injunctive relief inmates institution issue jail judge liability ment money damages parole board plaintiff alleged pretrial detainees prior prison authorities prison officials prisoner's procedures proceedings Procunier reasonable regulations release remanded respondeat superior revocation S.Ct segregation 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.