Evidence Suppressed in California
Ex-Parolee's Warrantless Search
by John E. Dannenberg
The California Supreme Court held that evidence seized by a police officer accompanied by the ex-parolee's parole officer during a warrantless search of the ex-parolee's motel room must be suppressed under the Fourth Amendment. The good faith exception to ...
by Steven D. Stark, Broadway Books, 1999, soft back, 283 pages
Review by John E. Dannenberg
Write succinctly! Or, alterna-tively, bore your intended reading audience to death with burdensome legal treatises steeped in excessive, redundant verbosity, liberally laced with old-as-the-hills cliches.
Get it? Writing to Win is a refreshing, practical ...
by John E. Dannenberg
The Sixth Circuit US Court of Appeals ruled that a prison psychologist's awareness of a prisoner's potential for suicide was sufficient to defeat the psychologist's qualified immunity defense in a 42 U.S.C. § 1983 wrongful death civil rights action brought by the prisoner's estate.
Michigan state ...
by John E. Dannenberg
The US Court of Appeals for the Ninth Circuit ruled that the right to procreate is fundamentally inconsistent with incarceration, thereby upholding a California state prison policy disallowing a prisoner from sending a sperm specimen to his wife for artificial insemination.
William Gerber, serving 111 years-to-life ...
by John E. Dannenberg
Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims by prison officials at the summary judgment state of a prisoner's Eighth Amendment excessive force civil rights complaint.
Donnell ...
by John E. Dannenberg
Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been "granted" at an intermediate level, his remedies were deemed exhausted because he ...
by John E. Dannenberg
On December 16, 2002, the U.S. District Court (D. Ariz.) granted plaintiffs' motion for a preliminary injunction (PI) enjoining the Arizona Department of Corrections (ADOC) from enforcing laws arising from Arizona House Bill 2376 (HB 2376) - an enactment banning Internet-generated communications with prisoners - pending ...
by John E. Dannenberg
The Seventh Circuit U.S. Court of Appeals held that an underlying state tolling statute applied to a state prisoner's 42 USC § 1983 civil rights complaint, thus giving him time to complete his administrative grievance process as required by the Prison Litigation Reform Act (PLRA).
Shaun ...
by John E. Dannenberg
A class-action lawsuit launched by Michigan state prisoners in 1988 which ultimately cost taxpayers $7.5 million in litigation costs was settled on November 4, 2003, resulting in prisoners gaining appropriate classification and psychiatric services, plus restrictions on administrative segregation that exacerbates serious psychological illness. In addition ...
by John E. Dannenberg
Faced with losing $1.4 million in the following year, the City of Folsom, California, closed its 14 year-old, 380 bed minimum security prison and laid off most of the 70 city workers on June 30, 2003.
Known as the Folsom Community Correctional Facility (FCCF) [one of ...