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Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years
Loaded on Sept. 15, 2009
by Marvin Mentor
published in Prison Legal News
September, 2009, page 36
In a landmark ruling, a federal three-judge panel ordered the California Department of Corrections and Rehabilitation (CDCR) to cap the prison population of its 33 adult prisons to 137.5% of their 79,828 design capacity, or 109,763 prisoners, within two years.
Filed under:
Systemic Medical Neglect,
Conditions of Confinement,
Overcrowding,
Injunctions (PLRA),
Parole.
Location:
California.
Since the present population (counting only those housed in CDCR’s …
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More from this issue:
- Anatomy of the Modern Prisoners’ Rights Suit: A Practitioner’s Guide to Successful Jury Trials on Behalf of Prisoner-Plaintiffs*, by Alphonse A. Gerhardstein
- From the Editor, by Paul Wright
- Innocent Georgia Man Receives $500,000 as Compensation for Rape Conviction
- Former Prisoner Convicted of Impersonating Criminal Defense Attorney
- Why False Imprisonment Recoveries Should Not Be Taxable, by Robert Wood
- Texas’ Parole Condition X Violates Due Process, by Gary Hunter
- $2.16 Million Settlement in Dauphin Pennsylvania Jail Strip Search Lawsuit
- Using Chemical Agents on Mentally Ill Prisoners Unconstitutional, by David Reutter
- Audit Finds California Prison Receiver Broke State Law by Making No-Bid Contracts with Verizon, by Michael Brodheim
- Fifth Circuit Upholds $14 Million Award Against Louisiana DA’s Office in Wrongful Conviction Suit; Affirmed by En Banc Ruling, by Matthew Clarke
- Third Circuit Upholds Pennsylvania DOC Policy Requiring Control Number for Legal Mail, by David Reutter
- Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees, by Brandon Sample
- Working in Legal Field Not Prohibited While on Federal Supervised Release
- Prisoners Not Evacuated, Parolees Rounded Up as Hurricanes Hit, by Gary Hunter
- Contraband Smuggling by Texas Prison Guards Rarely Punished Harshly, by Matthew Clarke
- Oklahoma Prisoner Beaten to Death After Celled with Co-Defendant He Testified Against
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, by Marvin Mentor
- Notice Required for Rejected Packages BOP Warden Denied Qualified Immunity, by Brandon Sample
- Organ Harvesting In China Prison Goes High Tech, by Gary Hunter
- Former Oklahoma Sheriff Convicted of Sex Crimes Now Where to Put Him?
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, by Marvin Mentor
- New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court, by Brandon Sample
- $25,000 Award to Utah Muslim Prisoner Attacked by Death Row Prisoner Following 9/11
- FBI And States Expand Collection Of DNA To The Innocent, by Brandon Sample
- Sheriff and Guards Indicted: Sex, Misconduct and Contraband Scandal at Texas Jail, by Matthew Clarke
- Washington States Passes New Law for Automatic Restoration of Voting Rights, by Eric Nygren
- Philadelphia Tax Break for Hiring Ex-Prisoners a Bust
- U.S. Supreme Court Recedes from Saucier’s Mandatory Provisions for Determining Qualified Immunity Claims, by David Reutter
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, by Marvin Mentor
- $3.75 Million Settlement for Orange County, California, Jail Detainee Severely Beaten by Prisoners
- Violence on the Rise in Arizona Prisons, by David Reutter
- Maryland Prisoners Receive Kosher Food, by Brandon Sample
- From the Bottom of the Heap: The Autobiography of Black Panther Robert Hillary King, Oakland, CA: PM Press (2009) $24.95 hardback, 217 pages, by Mel Motel
- Sixth Circuit Overturns $625,000 Verdict for Ohio Prisoner Sexually Abused by Guard, by Brandon Sample
- Oklahoma Prisoner Awarded $65,000 for Inadequate MSRA Care, by Brandon Sample
- $1 Million Settlement in Santa Clara, California Jail Suicide
- No Qualified Immunity for Guards Who Failed to Help Vomiting Prisoner Who Died
- Indigent Texas Prisoners May No Longer be Required to Repay Cost of Court-Appointed Counsel
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- News in Brief:
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More from Marvin Mentor:
- California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes, July 15, 2011
- Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole, May 15, 2011
- California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790, Jan. 15, 2010
- California Lifers’ New Litigation Tool: DA’s “Opinion” and Governor’s “Belief” Do Not Constitute “Evidence” in Parole Denial Cases, Sept. 15, 2009
- Federal Three-Judge Panel Orders California To Reduce Prison Population By 44,000 Prisoners Within Two Years, Sept. 15, 2009
- California: Parole Board’s Policy Barring Friendly Oral Witness Testimony At Lifer Hearings Ruled An “Underground Regulation”, Sept. 15, 2009
- Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims, July 15, 2009
- California County’s 2005 Purchase of Private Prison Still Clouded in Conflict of Interest Questions, May 15, 2009
- California Appellate Court Grants Writ, Reverses Governor, Reinstates PLN Writer’s Grant of Parole, March 15, 2009
- Corruption in Orange County, CA Sheriff’s Department Revealed; Sheriff Resigns, Convicted on Criminal Charges, Feb. 15, 2009
More from these topics:
- Detainees Overpower Guards to Take Control of a North Carolina Jail, Aug. 1, 2026. Prison Rebellion, Overcrowding, Staffing, Security Systems, Assaults on Staff.
- Colorado Governor Signs Bill to Expand Earned Time Credits and Other Measures, Aug. 1, 2026. Overcrowding, Overdetention, State Legislation, Credits, Reduction of Prison Population.
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Private Contractors, Failure to Treat, Bankruptcy.
- New York Closes Rikers Infirmary as Broader Jail Shutdown Plan Stalls, Aug. 1, 2026. Prison Reform, Overcrowding, Jail Specific, Inadequate Health Care Facilities, Reduction of Prison Population.
- Tulsa Jail Shutting Down After Investigative Reporting on Detainee Deaths, Aug. 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Staffing, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- He Died in a Florida Jail. The Company in Charge Should Have Sent Him to the Hospital, Experts Say., July 1, 2026. Armor Correctional Health Services, Systemic Medical Neglect, Medical Neglect/Malpractice.
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- SCOTUS Continues to Hack Away At First Step Act, July 1, 2026. Conditions of Confinement, PLRA, Post-release, ex-offender, re-entry, Sentences - Corrections or Modifications of, Compassionate Release.

