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Former California Prison Guard Resentenced Following Assault Conviction
Loaded on Feb. 15, 2013
published in Prison Legal News
February, 2013, page 34
The Ninth Circuit Court of Appeals has vacated a 51-month sentence imposed on a former California prison guard convicted of assaulting two prisoners, on the ground that during sentencing the district court had relied on unreliable allegations made by a jailhouse informant in violation of the guard’s due process rights.
Filed under:
Criminal Prosecution,
Guard Brutality/Beatings,
Witnesses,
Cross Examination,
Wrongful Conviction,
Guards/Staff,
Employee Litigation.
Location:
California.
…
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More from this issue:
- LaSalle Corrections: A Family-Run Prison Firm, by Matthew Clarke
- Tenth Circuit: Terrorism Prisoners Lack Liberty Interest in Transfer to ADX, by Derek Gilna
- From the Editor, by Paul Wright
- The Battle to Open Prisons to Journalists, by Jessica Pupovac
- Two Companies Acknowledge Exporting U.S. Prisoner-Made Goods to Canada, by David Reutter
- Reintroducing the Private Prison Information Act: An Interview, by Mel Motel
- GAO Examines How BOP Can Reduce Prisoners’ Time in Prison, by Derek Gilna
- In Memory of Jon E. Yount (1938-2012), by Peter Wagner
- Supreme Court Extends Qualified Immunity to Private Attorney
- U.S. Imprisons the Most Women, Tops International List
- Supreme Court Adopts Strickland Prejudice Standard for Rejected Plea Bargains, by Derek Gilna
- NY Federal Judge Deals Rare SHU Placement Defeat to BOP, by Derek Gilna
- Oregon Jail Guard Convicted of Assaulting Prisoner, Gets 30 Days in Jail
- Texas Court of Criminal Appeals Sets Aside Convictions Based on Actual Innocence, by Matthew Clarke
- The Collapse of American Criminal Justice, by William J. Stuntz (Belknap Press of Harvard University Press, 2011). 432 pages, $35.00, by Derek Gilna
- Illinois: Current Insurer Must Pay Wrongful Conviction Award after Exoneration
- Pay-to-Stay Jail Programs Growing
- Nevada DOC Audit: Doctors Work 5 Hours, Get Paid for 10
- Idaho Supreme Court Affirms Firing of PHS Medical Director
- Oregon Prosecutor’s Son Escapes Mandatory Prison Time for Sexual Assault
- Life After Murder: Five Men in Search of Redemption, by Nancy Mullane (Public Affairs Books, 2012). 384 pages, $26.99 (hard-cover), by John Dannenberg
- Former California Prison Guard Resentenced Following Assault Conviction
- Texas Supreme Court Rules Compensation Required in Schlup-type Innocence Cases, by Matthew Clarke
- FBI Loses Prisoner’s Property but Sovereign Immunity Foils Recovery, by Derek Gilna
- Supreme Court: No Bivens Actions for Federal Prisoners in Private Prison, by Matthew Clarke
- Pregnant Woman Suffers Needless Death in Oklahoma Jail, by Matthew Clarke
- Seventh Circuit Approves Illinois Prison’s Rejection of PDR and Drug Guide
- Alabama Law Meant to Ensure Transparency in Judicial Elections Not Enforced for 16 Years, by Derek Gilna
- Idaho DOC Settles 30-year-old Class-action Lawsuit
- New York Jail Profits from TV Ads, by Joe Watson
- Federal Prison Industries Contract Leads to Freeworld Job Losses
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- TASER Liability Verdict Upheld, but Remittitur Granted
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- Wave of Staff Arrests Exposes Persistent Misconduct at South Carolina Jail, Sept. 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Jail Misconduct, Guard Brutality/Beatings, Obstruction of Justice.
- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- $11 Million Paid by Boston to Exonerated Prisoner for 37-Year Wrongful Incarceration, Sept. 1, 2026. Settlements, Wrongful Conviction, Wrongful Imprisonment, Monell Liability, Withholding of Exculpatory Evidence.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Detroit Pays $5.8 Million to Former State Prisoner Exonerated of Murder After 15 Years, Aug. 1, 2026. Wrongful Conviction, Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Eyewitness Identification, Evidence - Failure to Disclose.

