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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 …
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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
- From the Editor, by Paul Wright
- New York Parole System Badly in Need of Repair, by Kevin Bliss
- 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 Sharon Dolovich, Aaron Littman, Maya Chaudhuri
- 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
- Justice Department Report Documents Brooklyn Metropolitan Detention Center’s Poor Response to COVID-19 Crisis, by Kevin Bliss
- $1.1 Million Settlement in Kentucky Jail Sex Abuse Suit, by David Reutter
- Federal Judge in Georgia Grants Class Action Status to Prisoners’ Suit Against Global Tel*Link
- Global Tel*Link Hit with Sanctions For Discovery Violations in Georgia Prison Call Class Action, by Derek Gilna
- Fourth Circuit: ADA Relief Claims Improperly Dismissed in Virginia, by Mark Wilson
- Private Prison Companies Face Stock Crash, Credit Crunch, by Matthew Clarke
- Arizona Pays Prisoners Pennies on the Dollar to Fight Fires, All in the Name of Saving Money, by Dale Chappell
- Former BOP Director Norman Carlson, Who Developed Supermax Model, Dies at 86, by Kevin Bliss
- 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 Joseph Neff, Alysia Santo
- 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
- Federal Court Again Orders California DOC to Remedy Continuing ADA Violations, by Derek Gilna
- $4.65 Million Settlement for Florida Female Prisoner Left Quadriplegic After Brutal Beating by Guards, by David Reutter
- Decline in South Dakota State Prisoners Not Due to COVID, by Edward Lyon
- COVID-19: The Politics of Prisoner Vaccination, by Kevin Bliss
- DOJ Report: Carceral Population Falls, 2017-2018, by Matthew Clarke
- Sixth Circuit Affirms Tennessee DOC’s Hepatitis C Treatment Due to Lack of Funds, by David Reutter
- News in Brief
More from David Reutter:
- 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
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Guaranteed Income Helps People Leaving Jail and Prison, and That Helps Everyone, May 1, 2026. Crime/Demographics, Prisoner Privileges, housing, jobs, Restrictions, discrimination, Probation, Parole & Supervised Release, Fines.
- SCOTUS Announces Sentencing Reform Act Does Not Authorize Automatic Extension of Supervised Release When Defendant Absconds, Resolving Circuit Split, April 1, 2026. Sentencing, Revocation/Modification of Probation, etc., Statutory Construction/Interpretation, Sentences - Corrections or Modifications of, Probation, Parole & Supervised Release.
- Maine Was the First State to Abolish Parole. Incarcerated Mainers, Advocates Hope to Bring it Back., March 1, 2026. Rehabilitation/Recidivism, Parole, Post-release, ex-offender, re-entry, Probation, Parole & Supervised Release, De Facto Life Sentence.
- Study Finds Parole Hearings and Grants Continue to Fall, Jan. 1, 2026. Parole Board Misconduct, Statistics/Trends, Rehabilitation/Recidivism, Parole, Probation, Parole & Supervised Release.
- 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.

