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Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”

Loaded on April 1, 2025 by Anthony Accurso published in Prison Legal News April, 2025, page 28
Filed under: Discovery, Suppression of Evidence. Location: California.

by Anthony W. Accurso

On August 27, 2024, the United States Court of Appeals for the Ninth Circuit affirmed a $500,000 jury award for a Los Angeles Lakers basketball fan shot with a rubber bullet by city cops attempting to “manage” a boisterous crowd after a championship win. Though not ...

 

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More from this issue:

  1. Deaths, Deplorable Conditions, Staff Misconduct Plague Memphis Jail
  2. From the Editor, by Paul Wright
  3. New Jersey Guard Sacked for Mocking George Floyd Killing Loses Appeal
  4. New York Suspends Solitary Ban to Woo Back Striking Prison Guards
  5. Porn Produced by Georgia Prisoners
  6. $7.15 Million for Oklahoma Prisoner Exonerated After Nearly 50 Years, by Anthony Accurso
  7. North Carolina Reimburses Prisoner $2,500 for Law Books Destroyed by Guards, by Anthony Accurso
  8. No State Oversight of Overcrowded, Understaffed, and Non-Compliant Idaho Jails
  9. No Sunshine on In-Custody Deaths in Sunshine State
  10. Little-Known Law Allows Some Texas Prisoners to Vote
  11. $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice
  12. Ohio Pauses Executions, Louisiana and Arizona Race Ahead
  13. Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, by Sam Rutherford
  14. Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”
  15. “Swing or Kick Rocks”: BOP Guard Alleges Conspiracy to Brutalize Prisoners at Kentucky Lockup
  16. 14 Overdoses in Two Weeks Leave One Dead at Phoenix Jail
  17. Tucson Program Slashes Pretrial Misdemeanor Incarceration
  18. $1 Million Partial Settlement for Washington Jail Detainee’s Leg Amputation
  19. Tenth Circuit Stretches PLRA to Deny Claim of Colorado Prisoner Shot by Guard While Shackled, by Douglas Ankney
  20. $42 Million Jury Award for Detainees Tortured by U.S. Military at Abu Ghraib Prison
  21. Pardoned Insurrectionists Brought to D.C. Jail Demanded Others’ Immediate Release
  22. Houston Jail Cited for State-Law Violations Twice in a Month
  23. A Song for Condemned Alabama Prisoner
  24. Three Former Virginia Jailers Charged After Detainee Dies in “WRAP” Restraint
  25. Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, by Anthony Accurso
  26. Sixth Circuit: Dismissals of Mixed-Claim Complaints Not Strikes Under PLRA
  27. Former Indiana Jailer Walks from Charges Over “Night of Terror”
  28. National Class Certified in Washington Jail Debit-Release Card Suit
  29. CoreCivic Will Cage Migrant Families in Texas Lockup
  30. Three More Prisoners Die, Three More Staffers Fired at Wisconsin Prison
  31. Jailing the Homeless: New Data Shed Light on Unhoused People in Local Jails, by Leah Wang
  32. GTL, Co-Defendant Agree to $21.3 Million Settlement with HRDC in Price-Fixing Lawsuit
  33. No Opened Envelopes: Hawai’i Prisons Get New Mail Scanning Technology
  34. GEO Group Gets $1 Billion ICE Contract at New Jersey Lockup
  35. DOJ Finds “Horrific” Unconstitutional Conditions at Atlanta Jail
  36. Alabama Governor Commutes Death Sentence
  37. California Stops Raiding Released Prisoners’ Gate Money
  38. $4 Million Settlement Approved in HRDC’s Oregon Debit-Release Card Suit
  39. Nurse Charged, $2.6 Million Settlement Reached in Minnesota Jail Death
  40. Tenth Alabama Jail Employee Pleads Guilty in Detainee’s Freezing Death
  41. Muslim Prisoners Face Price-Gouging
  42. $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, by Anthony Accurso
  43. GOP Washington Lawmaker Trolls Felon Enfranchisement Proponents
  44. Ninth Circuit: Posting Jail Mugshots on Arizona County’s Website Violates Substantive Due Process
  45. Half of Hawai’i Prisoners Released With No ID
  46. Georgia Fights Liability for Strip-Searching Prison Visitor, Nevada Pays $126,500
  47. Peters Fights Dismissal from BOP, Guards Lose Bonus Pay
  48. Southern Health Partners Settles Suit Over Kentucky Jail Meth Death
  49. Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, by Matthew Clarke
  50. Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners
  51. $2.5 Million Settlement After South Carolina Jail Detainee Lost 2 Lbs.Per Day and Died, by Anthony Accurso
  52. More New York Guards Suspended After Another Prisoner’s Fatal Beating
  53. Fourth Circuit Excuses Maryland Prisoner From Exhaustion Requirement in PREA Claim, by Douglas Ankney
  54. Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, by Matthew Clarke
  55. Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, by David Reutter
  56. D.C. Circuit Reverses Dismissal of Federal Prisoner’s Complaint Due to PLRA Three-Strikes Rule
  57. TDCJ to Run Out of Beds in 2025, by Matthew Clarke
  58. News in Brief
  59. Shrewd Federal Prisoner Salvages $5,000 from Suit Against Arkansas Jail Where He Was Held Pre-Trial, by Anthony Accurso

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