California No-Parole-Policy Suits For Damages
And Injunctive Relief Fail
by John E. Dannenberg
The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought by California life prisoners against the Board of Prison Terms (BPT), the governor ...
Permanent Injunction Against California Book
Ordering Restrictions Affirmed
by John E. Dannenberg
The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's permanent injunction (PI) against a California Department of Corrections (CDC) policy at its supermax Pelican Bay State Prison (PBSP) wherein prison officials had refused to let prisoners ...
Tenth Circuit Holds Prisoner Has Burden Under PLRA
To Plead Administrative Exhaustion
by John E. Dannenberg
Parting company with six other circuits on the same question, the Tenth Circuit U.S. Court of Appeals held that the Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement is not an affirmative defense, but ...
by John E. Dannenberg
The U.S. District Court (E.D. Cal.) granted a writ of habeas corpus because it found the denial of earned restoration of a California state prisoner's disciplinary-based credit loss to be unconstitutionally retroactive. The Ninth Circuit U.S. Court of Appeals affirmed because the prison regulation disallowing such ...
2004 Supplement to the California
State Prisoners Handbook
by Fama, McKay, Snedecker, Smith and the
Prison Law Office, 230 pp.
Reviewed by John E. Dannenberg
A 230 page Supplement to The California State Prisoners Handbook has been released, bringing this bible for California state prisoners current as of September 1, ...
by John E. Dannenberg
The California Department of Corrections settled a prisoner civil rights complaint on November 12, 2003 by agreeing to accord approved kosher-observant Jewish prisoners a Kosher Diet Program (Program). The Program provides guidelines for foods used, for preparation methods, and for sanitation and safety. Additionally, it promulgates ...
by John E. Dannenberg
Toxic and hazardous waste from Walla Walla State Penitentiary (WSP) continues today to pollute City of Walla Walla air and public water resources, notwithstanding fourteen years of administrative litigation stemming from citations and fines levied by the Washington State Department of Ecology (DOE) against the Department ...
by John E. Dannenberg
The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the injunctive portion of the relief cannot be restricted under the 1996 Prison ...
California Sex Offender Prison Classification Label
Approved for Dismissed Charge
by John E. Dannenberg
The California Court of Appeals upheld the California Department of Corrections (CDC) regulation permitting administrative labeling of state prisoners as sex offenders even where there had been only an earlier arrest or detention for such an ...
Ninth Circuit Dismisses California's
Motion To Exclude Female Prisoners
From Medical Suit
by John E. Dannenberg
The Ninth Circuit U.S. Court of Appeals dismissed on jurisdictional grounds the California Department of Corrections (CDC) officials appeal of the U.S. District Court's order denying the officials' motion to exclude female prisoners from ...
