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Articles by John E Dannenberg

CA Court Overrules Parole Denial

By John E. Dannenberg

The CA Court of Appeals affirmed the Los Angeles superior court's ruling that there was "no evidence" to support the Board of Prison Terms' (BPT) parole unsuitability finding for a 2nd degree murderer and ordered the BPT to convene a new suitability hearing within 30 days. ...

Book Review: Inmate Litigation

by Assistant Professor Margo Schlanger, Reprinted (soft back)

from the Harvard Law Review, Vol. 116, No.6, April 2003; 151 pp.

Review by John E. Dannenberg


Inmate Litigation is a scholarly analysis on the effectiveness of prisoner civil rights litigation filed under 42 U.S.C. § 1983 both before and after the ...

$115,000 Settlement in Seattle Jail Strip-Search Suit

by John E. Dannenberg


King County and the City of Seattle settled a wrongful strip-search suit for $115,000 on May 21, 2003 and also agreed to change strip-search policies at King County jails.


Jasmine Wells and Brian Walton, college students in Anchorage, Alaska, had come to Seattle on November 30, ...

California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard

California Parole Rescission Panel's Disagreement With Granting Panel Fails The "Some Evidence" Standard

by John E. Dannenberg


The Ninth Circuit U.S. Court of Appeals held that a California life prisoner's rescission of his unexecuted grant of parole by a rescission panel's finding of "improvident grant" of parole failed the "some ...

Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment

Exceeding Doctor's Work Limit Order Actionable
Under Eighth Amendment

by John E. Dannenberg


The Fifth Circuit U.S. Court of Appeals held that prison officials' forcing of a prisoner to work in excess of a four hour doctor-established daily limit, resulting in dangerous blood pressure elevation, was sufficient to state an ...

BOP Electric Musical Instrument Ban Upheld by DC Circuit

BOP Electric Musical Instrument Ban
Upheld by DC Circuit

by John E. Dannenberg


The US Court of Appeals for the DC Circuit upheld the BOP ban on electric musical instruments in federal prisons, rejecting prisoner arguments that the ban violated the Administrative Procedures Act (APA) as well as their First ...

Wyoming Prisoners Win Summary Judgment for Increased Security

by John E. Dannenberg


The class of all Wyoming state pris-oners won injunctive relief forcing prison officials to protect them from unprovoked assault, bodily injury and death at the hands of other prisoners, now, and in the future. Granting summary judgment to the plaintiff class, the US District Court (D. ...

Chief Medical Officer Liable On Medical Policy Decisions

Chief Medical Officer Liable On
Medical Policy Decisions

by John E. Dannenberg


The Second Circuit US Court of Ap-peals held that a prisoner's complaint regarding a painful chronic medical complication that developed at the site of a knife wound raised genuine issues of material fact sufficient to defeat prison officials' ...

Retaliation Claim Satisfied by Existence of Major Misconduct Citation

Retaliation Claim Satisfied by Existence
of Major Misconduct Citation

by John E. Dannenberg


The Sixth Circuit US Court of Appeals held that the "substantial or motivating factor" element required satisfying a Michigan prisoner's protected speech First Amendment retaliation claim was satisfied by the existence of a major misconduct charge.


Michigan ...

No Jurisdiction for Interlocutory Appeal Where Evidence Is Disputed in Failure to Protect Suit

No Jurisdiction for Interlocutory Appeal Where
Evidence Is Disputed in Failure to Protect Suit

by John E. Dannenberg


The Eighth Circuit U.S. Court of Ap-peals held that in a prisoner's Eighth Amendment claim for damages arising from an attack by another prisoner, jurisdiction did not lie for the appellate court ...