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Articles by John Dannenberg

Washington State’s Federal Oversight of Sexually Violent Predators Ended

Washington State's Federal Oversight of Sexually Violent Predators Ended

by John E. Dannenberg

After thirteen years of oversight, the U.S. District Court (W.D. Wash.) dissolved its injunction that had taken over control of Washington State's sexually violent predator (SVP) treatment program. District Judge Ricardo Martinez stated in his March 13, ...

California Ban On Hardcover Books Held Unconstitutional

by John E. Dannenberg

The U.S. District Court (N.D. Cal.) held that the policy by California?s Pelican Bay State Prison (PBSP) Security Housing Unit of banning prisoners? possession of hardcover books violated their First Amendment rights. During the course of litigation, PBSP capitulated and amended its policy to permit such ...

Prisoner’s Death Following Failure To Give Intake Medical Examination Settled By Los Angeles County For $700,000

Prisoner's Death Following Failure To Give Intake Medical Examination Settled By Los Angeles County For $700,000

by John E. Dannenberg

The Los Angeles County Claims Board settled a wrongful death lawsuit for $700,000 in December 2006 that resulted from a jail prisoner dying after not being given his intake medical ...

Temporary Restraining Order Suspends California’s Sex Offenders’ Housing Banishment Law

Temporary Restraining Order Suspends California's Sex Offenders? Housing Banishment Law

by John E. Dannenberg

The U.S.D.C. (N.D. Cal.) issued a Temporary Restraining Order (TRO) on November 8, 2006, the same day California voters approved state Proposition 83 (?Jessica's Law?), which suspended that portion of the new law (Penal Code § ...

San Francisco Civil Grand Jury Cites Continuing Jail Deficiencies

by John E. Dannenberg

In November 2005, the jurors of the San Francisco Grand Jury inspected city and county jails and found longstanding unremediated problems of inadequate budgets, staffing shortages, overcrowding and high (40%) recidivism rates. The Jury recommended that overcrowding and physical plant problems be promptly cured, staffing of ...

Policy of Hiring Trained Medical Professionals Does Not Immunize County from Municipal Liability in Wrongful Jail Death; Case Settles for $475,000.00

by John E. Dannenberg

The Ninth Circuit U.S. Court of Appeals held that where a Los Angeles County Jail prisoner died of allegedly deficient medical attention, the county?s defense of relying upon the professional discretion of medical doctors to automatically immunize the county from municipal ?policy? liability in a subsequent ...

California Prisoner Permitted to Challenge Oppressive Prison Conditions Absent Physical Injury; Ruling Later Voided

by John E. Dannenberg

The Ninth Circuit U.S. Court of Appeals reversed a U.S. District Court (N.D. Cal.) ruling that had misinterpreted 42 U.S.C. § 1997e(e) to require physical injury in order to gain relief from unconstitutional prison conditions. While not a ruling on the merits, the decision permitted the ...

Increasingly Repressive Sex Offender Residency Restrictions Have Doubtful Benefits

by John E. Dannenberg

While politicians trample each other in their rush to enact increasingly onerous post-release residency restrictions on all manner of sex offenders, the California Legislature took pause to commission a study to measure the effectiveness of such restrictions throughout the United States. The findings were that, by ...

Phoenix, Arizona Sheriff’s Policy Delaying Prisoners’ Elective Abortions Enjoined

Phoenix, Arizona Sheriff's Policy Delaying Prisoners' Elective Abortions Enjoined

by John E. Dannenberg

Maricopa County, Arizona Sheriff Joe Arpaio's policy that required a female prisoner seeking an elective abortion to first obtain a court order for this procedure was enjoined because it represented an exaggerated response to Arpaio's alleged penological ...

Disallowing Printed E-Mail Responses To Wisconsin Prisoner’s Web Page Raised Triable Issues of Fact

Disallowing Printed E-Mail Responses To Wisconsin Prisoner's Web Page Raised Triable Issues of Fact

by John E. Dannenberg

The Seventh Circuit U.S. Court of Appeals held that the Wisconsin Department of Corrections? (WDOC) policy of disallowing prisoner mail receipt of printed responses to their personal web pages (as distinguished from ...