×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence
Loaded on Nov. 15, 2009
by John Dannenberg
published in Prison Legal News
November, 2009, page 46
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence
Filed under:
Disciplinary Litigation,
Guard Brutality/Beatings,
Civil Procedure,
Summary Judgment,
Evidentiary Ruling,
Costs,
Appeals,
Cross Examination.
Location:
California.
by John E. Dannenberg
In a case of first impression, the Ninth Circuit U.S. Court of Appeals held that when defending against a prisoner’s ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Pennsylvania County Prisons Mired in Conditions Litigation, by David Reutter
- $395,000 Settlement in Los Angeles Jail Prisoner’s Lung Infection Death
- From the Editor, by Paul Wright
- Prison Radio Beams Love, Hope and News through the Bars, by Matthew Clarke
- $1.55 Million Awarded in Female Colorado DOC Prisoner’s Rape by Guard, by Mark Wilson
- Indiana DOC Directive Limiting Educational Credit to Only One Associate’s Degree Violates Ex Post Facto Clause, by Brandon Sample
- Texas Jail Strip Search Policy Unconstitutional, by Brandon Sample
- American Methods: Torture and the Logic of Domination, by Kristian Williams, South End Press, 279 pages, by David Preston
- Indiana Supreme Court Holds Sex Offender Registration Act Unconstitutional When Applied Retroactively
- Privatized Prison Medical Care in Mississippi Still Problematic, by David Reutter
- Texas Grand Jury Rules Jail Guards Not Negligent in Prisoner’s Death, by Gary Hunter
- Justice Reinvestment Initiative Eliminates Texas Prison Overcrowding, by Matthew Clarke
- CRIPA Investigation Finds “Woefully Inadequate” Conditions in Erie County, NY Jails; Lawsuits Filed, by Jimmy Franks
- $250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence, by David Reutter
- Former PA Lawmaker Who Took Sex Offenders into His Home Files Suit Against Zoning Board
- $170,000 in Settlements to Sacramento Jail Prisoner Sexually Abused by Guards
- $1 Million Settlement in Washington DOC Staff Sexual Abuse Suit of Women Prisoners
- U.S. Senator John Ensign, Author of Ensign Amendment, Falls From Grace, by Brandon Sample
- Former North Dakota State Psychologist Who Treated Sex Offenders Busted for Child Porn
- $73,000 Settlement for Denial of Pain Medication to Wisconsin Prisoner, by Matthew Clarke
- Revised List of ICE Detainee Deaths Still Incomplete, Updated Again, by Mark Wilson
- Colorado Officials Increasingly Rely on Lockdowns to Manage Prison Violence, by Michael Brodheim
- California’s Lethal Injection Protocol Invalidated for Failure to Comply with APA, by Michael Brodheim
- Medical Care Mismanaged at Orange County, California Jail, by Michael Brodheim
- Divided Ninth Circuit Holds Prison Officials Entitled to Qualified Immunity for Prolonged Deprivation of Outdoor Exercise
- 1 in Every 31 Adults Under Some Form of Correctional Restraint, by David Reutter
- California Death Row Court Monitoring Discontinued, by Michael Brodheim
- PLN Sues Virginia DOC Over Censorship, Due Process Violations
- Human Rights Study Shows That Decades Later Blacks Still Incarcerated More, by Gary Hunter
- Problems Persist at Lucas County, Ohio Jail
- Questionable Kentucky Courthouse Construction Practices Lead to Court Official’s Resignation, Audit, Settlement, by Michael Brodheim
- North Carolina Courts, Legislature Take Steps to Resume Executions, by Michael Brodheim
- California Budget Cuts Lead to Closure of Two Parolee Residential Centers
- Florida to Allow Exportation of Prisoners to Other States, by David Reutter
- Georgia Attorneys Abandoning Indigent Defendants, by David Reutter
- Massachusetts Prison Officials Assault Prisoner With Feces, Settle Lawsuit for $5,000
- Orange County Sheriff Sentenced to 5½ Years in Prison, by Gary Hunter
- Outgoing Mail Censorship Assessed Under Procunier, not Turner; Oregon Court Applies Wrong Standard
- Ohio Prison Guards Party, Federal Stimulus Funds Save Their Jobs, by David Reutter
- $21 Million Jury Award for Illinois Wrongful Conviction, by David Reutter
- Oklahoma Legislators Not Considering Closing State Prisons, Unless They Are, by Matthew T. Clarke
- Terms of Parole Injunction Supersede Conflicting Provisions of California Voter Initiative, by Michael Brodheim
- Pennsylvania Private Juvenile Prison Scandal Results in Guilty Pleas, by Matthew Clarke
- Florida Jail Death Ruled a Homicide; Investigations Pending
- Indiana Sex Offender Residency Restriction Violates Ex Post Facto Clause
- Former Mississippi DOC Chief Medical Officer Charged with Embezzlement
- Wisconsin Courts Sealing Cases, by David Reutter
- Illinois Governor’s Failure to Act on Clemency Petitions Not Actionable, by Brandon Sample
- $5.9 Million Settlement in Philadelphia Jail Strip Search Class Action
- Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence, by John Dannenberg
- Texas Supreme Court: Prisoner May Appeal Despite Incomplete Indigence Affidavit, by Matthew Clarke
- Black Drug Incarceration Drops 21.6%, White Rate Up 42.6%; Shift Driven by Decreasing Crack Cocaine Use, Increasing Meth Use, by Mark Wilson
- Refusal to Mail Nebraska Prisoner’s Artwork Violates First Amendment
- News in Brief:
More from John Dannenberg:
- Disciplinary Self-Help Litigation Manual, 2d Ed., by Dan Manville, March 5, 2015
- Systemic Changes Follow Murder of Colorado Prison Director, July 10, 2014
- The Redbook – A Manual on Legal Style, April 15, 2014
- Arrest-Proof Yourself, by Dale Carson and Wes Denham, March 15, 2014
- Arrested: What to do When Your Loved One’s in Jail, by Wes Denham, Feb. 15, 2014
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, Jan. 15, 2014
- FCC Order Heralds Hope for Reform of Prison Phone Industry, Dec. 15, 2013
- Federal Court Orders California to Release 9,600 More Prisoners, Aug. 15, 2013
- Valley Fever Declared a Public Health Emergency at Two California Prisons; Court Orders Prisoner Transfers, July 15, 2013
- Plata and Coleman Showdown in California, June 15, 2013
More from these topics:
- Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison, April 1, 2025. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death).
- “Swing or Kick Rocks”: BOP Guard Alleges Conspiracy to Brutalize Prisoners at Kentucky Lockup, April 1, 2025. Guard Misconduct, Staffing, Guard Brutality/Beatings.
- More New York Guards Suspended After Another Prisoner’s Fatal Beating, April 1, 2025. Guard Brutality/Beatings, Excessive Force (Wrongful Death).
- Houston Police Fire Former Jail Guard Filmed Brutalizing Detainees, Charges Against Three Other Guards Dropped, March 1, 2025. Videotaping, Guard Brutality/Beatings, Relevant Conduct.
- Mayhem, Murder and Staff Misconduct at Brooklyn BOP Lockup, March 1, 2025. Cell Searches, Drug Testing, Prison/Jail Murders, Guard Brutality/Beatings, Cell Phone Access, Searches - Cellphones/Computers/Internet.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- Sixth West Virginia Jailer Found Guilty After Detainee Death, Estate Dismisses Claims Against PrimeCare Medical Employees, March 1, 2025. Primecare Medical, Guard Misconduct, Guard Brutality/Beatings, Wrongful Death.
- New York Guards Strike After 10 Charged in Prisoner’s Fatal Beating, March 1, 2025. Guard Misconduct, Protests, Guard Brutality/Beatings.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.