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California Damage Suit Improperly Treated as Habeas Petition
Loaded on Aug. 29, 2017
published in Prison Legal News
September, 2017, page 15
Filed under:
Habeas Corpus.
Location:
California.
The California Court of Appeal, Third Appellate District, reversed a lower court’s orders treating a prisoner’s damages action as a habeas corpus petition and then denying relief.
California prisoner Ernest L. Cox filed a civil suit in state court against various prison officials, alleging sexual harassment, intentional infliction …
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More from this issue:
- Opening the Door, by Jean Casella and Aviva Stahl
- American University Removes Statue of Imprisoned Native American Activist, by Derek Gilna
- Mississippi Closes Troubled Former Youth Prison
- Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed, by Derek Gilna
- Prisoner Rights Event Prompts Florida Prison System Lockdown, by Derek Gilna
- California Prison Officials Shift Responsibility for Work Injuries to Prisoners, by Derek Gilna
- Oregon Parole Board Must Define Applicable Statutory Terms
- Oregon Prisoner’s Conversion Claim Against Guard Reinstated
- Florida, South Carolina, New Jersey Latest States to Pass Mugshot Extortion Laws
- Third Circuit Vacates Summary Judgment on SHU Strip Search Claims
- Prison Mailbox Rule Applies to Alabama Sentence Reconsideration Motions
- Oregon Prosecutors and Cops Bully Parole Board into Improperly Rescinding Parole; Court Orders Release
- Extensive Contraband Found During Shakedowns at Mississippi Prisons
- Milwaukee County Sheriff David Clarke’s Jail Under Fire for Deaths, Civil Rights Abuses, by Christopher Zoukis
- HOPE and SCF Probation Programs Criticized in Study, by Derek Gilna
- Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights
- Plastic Spoon Not a “Dangerous Weapon” Under Oregon Law
- BJS Studies Show Number of Prisoners, Probationers Continues to Drop Slightly, by Derek Gilna
- DOJ Publishes Ten-step Program for Halfway House Reforms
- Missouri Prisoner’s IRA May be Seized for Incarceration Costs
- Oregon Prison Officials Must Provide Post-release Disability Care
- Abuses at Louisiana Jail Investigated, Ten Deputies Plead Guilty, by David Reutter
- HRDC/PLN Obtain Landmark Nationwide Censorship Settlement with Private Prison Company, by Derek Gilna
- Fifth Circuit Vacates Dismissal of Texas Grooming Policy RLUIPA Claim
- Ninth Circuit Reinstates Wiccan Prisoner’s Consent Decree
- Seventh Circuit Vacates Summary Judgment in Retaliatory Discipline Case
- $6.5 Million Jury Award in Oklahoma Jail Rape Lawsuit, by Matthew Clarke
- Almost 270 Die in Pre-trial Detention in Canadian Jails in Last Five Years, by Derek Gilna
- TN Prison Counselor Suspended for Posting Insults on Facebook, by Joe Watson
- Ninth Circuit: Courtroom Deputy Entitled to Qualified, Not Absolute, Immunity
- Numerous Lawsuits Filed Against Corizon Nationwide; Company Loses Contracts, by Matthew Clarke
- Federal Court Approves Landmark BOP ADX Mental Health Settlement, by Derek Gilna
- Exonerated Man Receives $6 Million in Malicious Prosecution Settlement, by Christopher Zoukis
- FCC Chairman Called Out on Conflict of Interest Concerning Prison Phone Company, by Carrie Wilkinson
- No Private Prisons in King County, Washington
- Private Prison Companies’ Plan to License “Baby Jails” Fails in Texas Legislature, by Bob Libal
- Iowa Supreme Court Upholds Automatic Disenfranchisement for all Felony Convictions, by Matthew Clarke
- Stolen Credit Cards Laundered Through Global Tel*Link in Ohio Prisons, by Christopher Zoukis
- Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit
- With General Inch in Charge, We Can Expect Further Militarization of the Prison System, by Brian Dolinar
- Ohio State Criminal Convictions Threatened by Evidence Technician’s Misconduct, by Derek Gilna
- Deaths at North Carolina Jail Due to Lack of Medical, Mental Health Care
- Federal Judge Claims Three-year-olds Can Understand Immigration Law, by Christopher Zoukis
- Leader of Fraudulent Scheme Targeting Prisoners Convicted, Sent to Prison, by Christopher Zoukis
- Pretrial Diversion: Pay Not to Stay (in Jail), by Christopher Zoukis
- Brennan Center Asks: “How Many Americans Are Unnecessarily Incarcerated?”, by Derek Gilna
- Surgeon General’s Report: Substance Abuse Continues to Grow in America, by Derek Gilna
- California Damage Suit Improperly Treated as Habeas Petition
- New York Parole Board Repeatedly Held in Contempt; One Case Reversed on Appeal
- Los Angeles County Jail Faces Lawsuit Over Censorship of PLN
- Re-entry Program for Federal Prisoners on Supervised Release Has Low Participation
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- California Court of Appeal: Trial Courts Have Inherent Authority to Correct Unauthorized Sentences at Any Time Without Habeas Petition, Jan. 1, 2026. Habeas Corpus, Possession or Use of Firearms, Sentences - Authorized, Sentences - Corrections or Modifications of, Effect of Vacatur.
- First Circuit Announces Modification of Juvenile’s Life-Without-Parole Sentence to Parole-Eligible Life Term Constitutes “New Judgment” Under AEDPA, Exempting Second-in-Time Habeas Petition From Gatekeeping Requirements, Jan. 1, 2026. Parole, Habeas Corpus, Life without Parole (LWOP), AEDPA, Juvenile Offenses/Offenders.
- Supreme Court of Maryland Announces Division of Correction Must Immediately Apply Time-Served Credit Against Valid Sentences When Convictions Are Vacated and May Not Toll Execution Pending Reprosecution; New Sentences Arising From New Convictions Take, Jan. 1, 2026. Habeas Corpus, Overdetention, Effect of Vacatur, Credits, Concurrent and Consecutive Sentences.
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026. Defenses, Good Time, Habeas Corpus, Failure to Object, Authority and Jurisdiction.
- DOJ Leaves Louisiana Over-Detention Suit on Life Support, Two Others Granted Class-Action Status, Dec. 1, 2025. Class Certification, Habeas Corpus, Overdetention, Fourteenth Amendment, rights, Unlawful Detention.
- Maine Superior Court Order to Reform Public Defender System Paused on Appeal, Dec. 1, 2025. Indigent Defense, Injunctions, Habeas Corpus, Sixth Amendment, Counsel - Constructive denial of.
- First Circuit: District Court Abused Discretion by Sua Sponte Raising Statute of Limitations Defense to Habeas Petition After Respondents Had Intelligently “Waived” It by Being Aware of Availability but Failing to Assert It, Nov. 15, 2025. Defenses, Limitations, Habeas Corpus, Double jeopardy, Knowingly and Intelligently.

