by John E. Dannenberg
The Ninth Circuit U.S. Court of Appeals, finding a restrictive state prison regulation unconstitutional, ruled that public witnesses enjoy a First Amendment right to view California executions uninterrupted from the moment the condemned prisoner enters the death chamber.
The American Civil Liberties Union (ACLU), joined by ...
by John E. Dannenberg
The California Supreme Court overturned a three-strikes conviction and remanded the case for a new trial because of the potential for psychological prejudice from a remote-controlled electronic stun belt on a defendant's demeanor during testimony, where it was an abuse of discretion to use the belt ...
Washington DOC Settles
Kosher Diet Complaints
by John E. Dannenberg
Washington state's Department of Corrections (DOC) settled two 42 USC § 1983 complaints from prisoners who "practiced" Judaism but were denied kosher diets. Both settlements accorded the diets; in the attorney-represented case fees and costs of $14,652 were awarded (plus ...
CDC Report Outlines Prevention And Control Of Hepatitis In Prisons
by John E. Dannenberg
The national Centers for Disease Control and Prevention (CDC) has issued an updated report providing guidelines and recommendations for juvenile and adult correctional facilities to help identify, immunize against and prevent acute viral hepatitis disease. In ...
U.S. Supreme Court Upholds California's
Harsh Three-Strikes Law
by John E. Dannenberg
In two 5 to 4 decisions, the U.S. Supreme Court ruled that California's harsh "three strikes and you're out" law is not grossly disproportionate in violation of the Eighth Amendment nor is it "contrary to, or an unreasonable ...
by John E. Dannenberg
The Third Circuit US Court of Appeals held that a New Jersey statute providing for seizure of a prisoner's federal veterans' disability benefits check to pay a state restitution fine was void because federal law protecting those benefits preempted state law. The court further held that ...
by John E. Dannenberg
The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having specified disabilities who are subject to proceedings conducted by the California Board of Prison Terms ...
by John E. Dannenberg
The California Supreme Court held that jail detainees' unprivileged (non-attorney) phone conversations and visits may be secretly recorded and that that information may be used to convict. This ruling, which reversed a 1982 decision holding such recording by the prosecutor to be misconduct, was based upon ...
$22,500 Award Upheld in Texas Gang Assault Set-Up By Guards
by John E. Dannenberg
The Fifth Circuit US Court of Appeals affirmed a district court's denial of defendant prison officials' summary judgment motion in a prisoner suit alleging the guards had orchestrated a gang assault against him. It further held ...
by John E. Dannenberg
A settlement was reached between the Arkansas Division of Mental Health Services and the class of all mentally ill pretrial detainees in Arkansas, to have either timely court-ordered mental health evaluations or be promptly admitted to the Arkansas State Hospital (ASH), according to the urgency of ...
