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California Loses Round in Legal Fight to Deny Parole Based on Gang Affiliation
by David M. Reutter
In a ruling August 3, 2020, the Ninth Circuit U.S. Court of Appeals encouraged a lower court to extend its supervision over a settlement agreement in a class-action lawsuit brought in 2009 against the California Department of Corrections and Rehabilitation (CDCR) by prisoners placed in solitary ...
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More from this issue:
- The Way Prisoners Flag Guard Abuse, Inadequate Health Care and Unsanitary Conditions Is Broken, by Shannon Heffernan
- Collateral Consequences of Mass Incarceration, by Edward Lyon
- New York Parole System Badly in Need of Repair, by Kevin Bliss
- From the Editor, by Paul Wright
- Pandemic Update: News on Vaccines and Prison and Jail Staffing, by Michael D. Cohen, MD
- Urgent Need for Vaccine Administration in Prisons, Jails and Detention Centers, by Maya Chaudhuri, Aaron Littman, Sharon Dolovich
- Almost 300,000 Fell Ill and 2,000 Died from COVID-19 in U.S. Jails, Prisons, by Derek Gilna
- California Loses Round in Legal Fight to Deny Parole Based on Gang Affiliation, by David Reutter
- Was Indiana Women’s Prison Willfully Ignorant About COVID-19 Numbers?, by Matthew Clarke
- How a Private Prison Company’s Defamation Suit Against One of Its Critics Backfired, by Madison Pauley
- After $625,000 Settlement, Oregon Deputy Charged in Assault of Prisoner, by Mark Wilson
- Pinellas County, Florida Sheriff’s Office Sued in Federal Court for Treatment of Transgender Prisoner, by Derek Gilna
- Federal Judge Slaps ICE, GEO Group Over “Abominable Performance” and Officials Who Lied During Testimony, by David Reutter
- No Summary Judgment on Oregon Prisoner’s Retaliatory Termination Claim, by Mark Wilson
- Minnesota State and Federal Prisoners COVID Case Surge Sparks ACLU Lawsuit, by Derek Gilna
- Missouri Prisoner Pleaded for Release Before Dying of COVID-19, by Daniel A. Rosen
- Ninth Circuit Finds California Prisoner’s Administrative Remedies Effectively Unavailable, by Mark Wilson
- Fourth Circuit Holds Prisoner’s Indefinite Period of Solitary Confinement at Virginia Supermax May Amount to Atypical and Significant Hardship, by Matthew Clarke
- Federal Educational Aid Restored for State and Federal Prisoners, by Dale Chappell
- Progress Made in Fight Against Prison Gerrymandering But Battle Continues, by Douglas Ankney
- COVID-19: What Texas Must Do to Save Prisoners’ Lives, by Edward Lyon
- Ninth Circuit Reverses Lower Court’s Dismissal of California Prisoner’s Religious Freedom Lawsuit, by Mark Wilson
- Minnesota Prison Guard Fired for Excessive Force After Brawl Linked to Floyd Protests, by Anthony Accurso
- New Details Emerge on Senseless Death in a Milwaukee, Wisconsin Jail, by Jayson Hawkins
- $1.1 Million Settlement in Kentucky Jail Sex Abuse Suit, by David Reutter
- Justice Department Report Documents Brooklyn Metropolitan Detention Center’s Poor Response to COVID-19 Crisis, by Kevin Bliss
- Global Tel*Link Hit with Sanctions For Discovery Violations in Georgia Prison Call Class Action, by Derek Gilna
- Federal Judge in Georgia Grants Class Action Status to Prisoners’ Suit Against Global Tel*Link
- Fourth Circuit: ADA Relief Claims Improperly Dismissed in Virginia, by Mark Wilson
- Private Prison Companies Face Stock Crash, Credit Crunch, by Matthew Clarke
- Former BOP Director Norman Carlson, Who Developed Supermax Model, Dies at 86, by Kevin Bliss
- Arizona Pays Prisoners Pennies on the Dollar to Fight Fires, All in the Name of Saving Money, by Dale Chappell
- Mellon Foundation to Provide $5.25 Million in Program to Distribute Books to Prisoners, by Douglas Ankney
- Experts Find “Deplorable” Conditions at Mississippi’s Parchman Prison, by David Reutter
- ICE Refused Help in Containing Coronavirus in New Mexico Detention Centers, by Kevin Bliss
- Troubled Ohio Jail Faces Two More Lawsuits, by Matthew Clarke
- Pennsylvania Correctional Emergency Response Teams Face New Scrutiny in “Noose” Controversy, by Derek Gilna
- New Mexico Corrections Pays $1.4 Million to Settle Whistleblower Complaint Alleging Retaliation for Exposing Deficiencies in Corizon Medical Care, by Douglas Ankney
- Child Sexual Abuse: It’s Never Too Late to Speak Out, by Darrell Cochran
- No-Show Prison Workers Cost Mississippi Taxpayers Millions, by Alysia Santo, Joseph Neff
- Ninth Circuit Holds Intermediate Scrutiny Applies in Challenges to Facially Discriminatory Prison Regulations, by Matthew Clarke
- Overtime Payouts in California Prison System Approach $500 Million, by Daniel A. Rosen
- Florida State Prisons Scrub Key COVID Data From Website, Obscuring Magnitude of Inmate Deaths and Infections, by Laura Cassels
- Idaho Supreme Court Holds Prisoners Have No Right to Paid or Unpaid Employment, by Matthew Clarke
- Legislative Exemption Let Fired Alaska Cop Be Rehired as Jailer, by Edward Lyon
- Prisoners Paid $2 Per Hour to Move COVID-19 Corpses in El Paso, Texas, by Matthew Clarke
- NY Federal Court Denies Summary Judgment on Claims of Improper Medication Seizure, Evidence Fabrication, Improper Frisk During Prison Visit, by Matthew Clarke
- Minnesota Man Out of Prison After Being Exonerated of Murder, by Edward Lyon
- $4.65 Million Settlement for Florida Female Prisoner Left Quadriplegic After Brutal Beating by Guards, by David Reutter
- Federal Court Again Orders California DOC to Remedy Continuing ADA Violations, by Derek Gilna
- Decline in South Dakota State Prisoners Not Due to COVID, by Edward Lyon
- DOJ Report: Carceral Population Falls, 2017-2018, by Matthew Clarke
- COVID-19: The Politics of Prisoner Vaccination, by Kevin Bliss
- Sixth Circuit Affirms Tennessee DOC’s Hepatitis C Treatment Due to Lack of Funds, by David Reutter
- News in Brief
More from David Reutter:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
More from these topics:
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, Aug. 1, 2025. Supervised Release - Imposition of New Term, Statutory Construction/Interpretation, Probation, Parole & Supervised Release.
- Tennessee Board of Parole Spanked for Failing to Make Recommendation to Governor on Prisoner’s Clemency Application, July 15, 2025. Parole Board Misconduct, Pardons/Clemency, Probation, Parole & Supervised Release, Release Decisions.
- Rash of 5,000 False-Positive Prisoner Drug Tests Going to California Parole Board Anyway, June 1, 2025. Drug Testing, Probation, Parole & Supervised Release.
- Maryland Reforms Offer Second Chances on Expungement and Parole, May 15, 2025. Prior Convictions - Expungement or Reversal of, Probation, Parole & Supervised Release, Second Chance Act of 2008.
- New York Lifts Hiring Ban on Fired Striking Prison Guards, Announces Early Prisoner Releases, May 1, 2025. Work Strikes, Staffing, Parole, Guard Unions, Bail/Pretrial Release, Probation, Parole & Supervised Release.
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- Medicare Now Available to Those on Probation and Parole, Feb. 15, 2025. Health care, Probation, Parole & Supervised Release.
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, Feb. 15, 2025. Equal Protection Clause/Claims, Murder/Felony Murder, Juvenile Offenses/Offenders, Probation, Parole & Supervised Release.