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6 Jan 2011, 11:49 am by Kevin Sheerin
According to Directive 5006R-C § V (C), you are allowed to use deadly physical when there is no other reasonable alternative to stop or prevent an escape, or when an officer must “defend him/herself of another person from what he/she reasonably believes to be the use or imminent use of Deadly Physical Force by the inmate. [read post]
17 May 2011, 12:39 pm by John Elwood
  To that end, the Court now appears to be holding Smith v. [read post]
11 Sep 2013, 8:23 pm by Donald Thompson
 Not until counsel has been “repeatedly unconscious through not insubstantial portions” of even capital murder trials will prejudice to the defendant will be presumed (see, Muniz v Smith, 647 F3d 619 [6th Cir 2011]; Burdine v Johnson, 262 F3d 336, 340-41 [5th Cir 2001]; Tippins v Walker, 77 F3d 682, 685 [2nd Cir 1996]). [read post]
6 Jan 2010, 7:45 am by Moseley Collins
Smith, and DOES 21-40 neglected, abandoned, and abused his care, failed to protect him from health hazards, failed to provide care for his physical and mental health needs, failed to exercise the degree of care that a reasonable person in a like position would exercise, failed to react promptly to emergent situations, all such acts constituting reckless "neglect" as defined in Welfare and Institutions Code § 15610.57, and delineated in Delaney v. [read post]
3 Dec 2019, 4:31 pm by INFORRM
” As Warby J said in Doyle v Smith [2018] EWHC 2935 (QB) – “This is a beguilingly simple sentence. [read post]
20 Apr 2017, 11:05 am by MBettman
Hayes, 434 U.S. 357 (1978)(“To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort…”) United States v. [read post]
29 Sep 2016, 12:20 am by INFORRM
A cause of action is “a factual situation the existence of which entitles one person to obtain from the court a remedy against another person” (Letang v Cooper [1965] 1 QB 232, 242-243 (Diplock LJ); Roberts v Gill [2011] 1 AC 240, [2010] UKSC 22 (19 May 2010) [41] (Lord Collins); Murphy v O’Toole [2014] IEHC 486 (17 October 2014) [57]-[58] (Baker J); see also PR v KC [2014] IEHC 126 (11 March 2014) [36] (Baker J), but note… [read post]