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Articles by Michael Brodheim

Rumsfeld, Military Officials Immune from Suit by Foreign Nationals Alleging Torture on Foreign Soil

by Mike Brodheim

On June 21, 2011, a divided D.C. Circuit Court of Appeals affirmed the judgment of a district court that dismissed claims for damages and declaratory relief brought by nine foreign nationals against Donald Rumsfeld, Secretary of the Department of Defense under former President George W. Bush, and ...

Incarcerated Veterans Help Other Incarcerated Vets Obtain Disability Benefits

by Mike Brodheim

Ed Munis and Michael “Doc” Piper, two Vietnam vets incarcerated at the Correctional Training Facility (CTF) in Soledad, California, have quietly been working over the past six years to ensure that other imprisoned veterans, now numbering roughly 200,000 in the United States, receive the disability benefits to ...

Los Angeles ADA Agrees to Pay $1.2 Million to Settle DUI Suit

by Mike Brodheim

On July 19, 2011, Marilyn Seymour, an Assistant District Attorney for Los Angeles County, agreed to pay $1.2 million to settle a lawsuit filed by two women who suffered injuries when Seymour, while drunk, crashed into their car a year earlier.

Attorneys on both sides claimed victory. ...

California: Orange County Settles Suit Over Jail Detainee’s Death for $2.1 Million

by Mike Brodheim

In April 2011, the family of a detainee who died while being restrained by Orange County jail guards agreed to settle a lawsuit against the county for $2.1 million.

The April 1, 2008 death of prisoner Jason Jesus Gomez, 35, was not an isolated incident; it resulted, ...

Doctors Propose Changes to Fix Flaws in Compassionate Release Programs

by Mike Brodheim

In “Balancing Punishment and Compassion for Seriously Ill Prisoners,” published in the July 19, 2011 issue of Annals of Internal Medicine, Doctors Brie A. Williams, Rebecca L. Sudore, Robert Greifinger and R. Sean Morrison propose changes to address “medical-related flaws” in compassionate release programs for prisoners.

The ...

Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications

Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’
Receipt of Unsolicited Publications

by Mike Brodheim

On January 31, 2011, a divided Ninth Circuit panel reversed the grant of summary judgment to two California sheriffs who had adopted mail policies that prevented detainees in their county jails ...

Review: Directory of Inmate Shopping Services E-Commerce

by Mike Brodheim

DiSSE, short for Directory of Inmate Shopping Services E-Commerce, promotes itself as “America’s largest inmate shopping guide.” Edited by George Kayer, currently on death row in Arizona, DiSSE is a compilation of companies, organizations and individuals who do business with and/or provide paid services to prisoners. The ...

Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law

by Mike Brodheim

In a 42 U.S.C. § 1983 suit brought by a California prisoner who was denied outdoor exercise for 13 months and 25 days while he was housed in a maximum security unit, the Ninth Circuit held that the risk to the prisoner’s health was serious and “obvious” ...

Ninth Circuit: California Prisoner Need Not Appeal from Satisfactory Grievance Response in Order to Exhaust Administrative Remedies

Clarifying “the boundaries of proper exhaustion” within the context of California’s prison system, the Ninth Circuit Court of Appeals held that a prisoner “has no obligation to appeal from a grant of relief, or a partial grant that satisfies him, in order to exhaust administrative remedies.”

In July 2004, Quillie ...

Tenth Circuit Rules Denial of Halal Diet May Violate RLUIPA

by Mike Brodheim

The denial of a halal diet to a Muslim prisoner may violate the Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 U.S.C. §§ 2000cc to 2000cc-5, the Tenth Circuit held on April 2, 2010.

Proceeding pro se, Oklahoma state prisoner Madyun Abdulhaseeb (a/k/a Jerry L. Thomas) ...