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Articles by John Dannenberg

Former California Prison Doctor Admits Negligence, Gets Probation; CDCR Medical Care Issues Still Unresolved

by John E. Dannenberg

Dr. Bonifacio Esperanza, a physician formerly employed by the California Department of Corrections and Rehabilitation (CDCR), was accused of gross negligence by the Medical Board of California for his alleged mistreatment of seven prisoners at Centinela State Prison. The Medical Board filed a formal complaint against ...

No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor

No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor

by John E. Dannenberg

The Washington Water Jet Workers Association (“Water Jet”) sued the Washington Department of Corrections (WDOC), claiming the WDOC had illegally contracted with a water jet firm, MicroJet, thereby violating the Washington state ...

Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help

Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help

by John E. Dannenberg

The U.S. District Court, Eastern District of California, has reached a crisis stage due to excessive caseload, resulting principally from prisoner filings. Each of the Eastern District’s judges handled an average of ...

Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew

Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew

by John E. Dannenberg

In its July 2008 25th semi-annual report, the Los Angeles County Sheriff’s Department (LASD) reviewed prisoner litigation against the county in the six-year period from 2001-2007. While the report noted a “welcome reduction” of new ...

California Sex Offender’s Probation Travel Restrictions Abated

by John E. Dannenberg

Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a blanket policy disallowing registered sex offenders from leaving the county, ...

Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails

Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails

by John E. Dannenberg

The Washington state Court of Appeals has affirmed a superior court’s denial of a “prevailing wage” claim filed by state prisoners employed by Elliott Bay Metal, Inc.
(Elliott), a private employer operating inside prison walls under ...

TASER Avoids Liability in Three Deaths by Suing Medical Examiner

TASER Avoids Liability in Three Deaths by Suing Medical Examiner

by John E. Dannenberg

Arizona-based TASER International, Inc. (TASER) was cleared of liability in the unrelated deaths of three drug-afflicted Ohio men who died shortly after being shocked with X-26 Taser stun guns during their apprehension by police. TASER had ...

Costs for San Quentin’s Proposed New Death Row Spiral Upward

by John E. Dannenberg

As delays mount, San Quentin’s proposed replacement Death Row facility is growing in cost while shrinking in size. In a June 2008 report to the Governor and Legislature, the state Auditor’s office made its first of two reports concerning the cost of the proposed facility being ...

Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated

Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated

by John E. Dannenberg

The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court precedent due to vagueness and for being overbroad. In so ruling, the appellate court ...

PHS Receives Three-Year $366 Million Rikers Island Medical Care Contract Renewal Despite Non-Performance Fines for Last Three Years

by John E. Dannenberg

Prison Health Services, Inc. (PHS) was granted a three-year, $366 million no-bid contract renewal to provide medical and mental health care services for New York City’s Rikers Island Jail, notwithstanding the company’s checkered record during its last three-year contract, which resulted in $793,000 in fines for ...