Court : US Supreme Court
Decided on : Feb-23-2005
..... s. 333 (1968). turner , 482 u. s., at 84. second, the court concluded that for prison administrators rather than courts to make the difficult judgments concerning institutional operations, id. , at 89 (quoting jones , supra , at 128), courts should uphold prison regulations that impinge on those constitutional rights if they reasonably relate to legitimate penological interests, 482 u. s., at 89 ..... awarded against the officials). nor would a victimized inmate need to prove that prison officials had anticipated any particular attack; it would be sufficient that prison officials had ignored a dangerous condition that was chronic and ongoing like interracial housing in closely confined quarters within prisons dominated by racial gangs. farmer , supra , at 843 844. under farmer , prison ..... id., at 112a 113a, 124a 125a. neither the parties nor the majority discusses whether johnson has exhausted his action under rev. stat. 1979, 42 u. s. c. 1983, as required by the prison litigation reform act (plra), 110 stat. 1321, as amended, 42 u. s. c. 1997e(a). see booth v. churner, 532 u. s. 731 , 734 (2001). the ..... has had an opportunity to observe the petitioner for almost 20 years; surely the cdc could have determined his placement without subjecting him to a period of segregation.[ footnote 2 ] for new inmates, assignments can be based on their presentence reports, which contain information about offense conduct, criminal record, and personal history including any available information about gang .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-12-2005
..... ussg). legal logic does not require that extension, for there are key differences. first, the federal guidelines are not statutes. the rules they set forth are administrative , not statutory, in nature . members, not of congress, but of a judicial branch commission, wrote those rules. the rules do not establis[h] ..... drug statutes (such as booker s prosecution). the government has already directed its prosecutors to allege facts such as the possession of a dangerous weapon or that the defendant was an organizer or leader of criminal activity that involved five or more participants in the indictment and prove ..... determining whether such a sentence is unreasonable , having regard for the factors to be considered in imposing a sentence, as set forth in chapter 227 of this title; and the reasons for the imposition of the particular sentence, as stated by the district court pursuant to the provisions ..... that our doctrine on severability and facial challenges applies equally to regulations as to statutes. see reno v. flores, 507 u. s. 292 , 300 301 (1993). footnote 8 see also 2 u. s. c. 454 ( if any provision of this act , or the application thereof to any person or circumstance, is ..... particular applications of the statute, without saying anything at all about severability. see united states v. grace, 461 u. s. 171 , 183 (1983) (concluding that statute that prohibited carrying banners in the united states supreme court building and on its grounds was unconstitutional as applied to the sidewalks .....
Tag this Judgment!