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Articles by Michael Brodheim

San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling

In a class action § 1983 suit brought by pre-arraignment jail detainees, a divided Ninth Circuit panel held that San Francisco’s blanket policy of strip searching all arrestees classified for the jail’s general population, in the absence of individualized reasonable suspicion, violated the arrestees’ clearly established constitutional rights and that ...

Paroled Killers Rarely Re-Offend

by Mike Brodheim

Judging by the statistics, Reginald Powell, 54, may be the proverbial exception to the rule – the rule, in this case, being that convicted murderers who are granted parole only rarely re-offend.

In 1984, Powell was convicted of the shooting death of New York cabbie Joseph Accordino. ...

California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard

by Mike Brodheim

On January 3, 2011, the California Court of Appeal, Fifth District, affirmed a “three strikes” sentence of 25 years to life for a prisoner who, while confined in a security housing unit at the California State Prison at Corcoran, threw a food tray at a guard through ...

Third Circuit Holds Blanket Policy of Strip Searching Arrestees, Absent Reasonable Suspicion, is Constitutional; Cert Granted

In a class-action suit brought under 42 U.S.C. § 1983, a federal district court in New Jersey held that a blanket policy of strip searching arrestees charged with non-indictable offenses, absent reasonable suspicion that they were concealing contraband, drugs or weapons, violated the arrestees’ clearly established constitutional right to be ...

A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged

by Mike Brodheim

A rose by any other name, Shakespeare wrote, would still smell as sweet.

In California the question is, does referring to a cage as a “therapeutic module” make it any less inhumane, despite the fact that a human being is locked inside a space that the Society ...

California: Continued Resistance Among Prisoners and Prison Officials Alike Slows Attempts to End Housing Segregation

by Mike Brodheim

Five years after the U.S. Supreme Court held in Johnson v. California, 543 U.S. 499 (2005) [PLN, July 2005, p.22; April 2004, p.40] that California’s policy of housing prisoners in cells according to race was constitutionally impermissible and morally repugnant to civilized society, California prisoners and prison ...

Report Documents Scope of Prosecutorial Misconduct in California

by Mike Brodheim

In October 2010, the Northern California Innocence Project (NCIP) of the Santa Clara University School of Law published a study regarding the extent of prosecutorial misconduct in California. The study explores the ways in which the criminal justice system identifies and addresses the problem of misconduct by ...

CA Inspector General Finds 15 of 17 Prisons Demonstrate Low Adherence to Established Medical Policies and Procedures

by Mike Brodheim

In August 2010, California’s Office of the Inspector General (OIG) issued a report summarizing and analyzing the results of medical inspections at 17 of 33 adult prisons operated by the California Department of Corrections and Rehabilitation (CDCR). The inspections, conducted between September 2008 and January 2010, marked ...

Inefficiencies in Prison Pharmacy Operations Cost California Taxpayers at Least $13 Million Annually

by Mike Brodheim

Responding to concerns brought to its attention by pharmacy staff regarding the amount of medication wasted in California’s prisons, in April 2010 the Office of the Inspector General (OIG) released a special report titled “Lost Opportunities for Savings Within California Prison Pharmacies.” The OIG found that inefficiencies ...

Heat Ray Device, Rejected by Military, to be Tested on Los Angeles County Jail Prisoners

by Mike Brodheim

In August 2010, the Los Angeles County Sheriff’s Department announced plans to deploy a high-tech heat ray device, originally developed by Raytheon Company for use by the U.S. military in Afghanistan, as a tool to respond to prisoner unrest at the Pitchess Detention Center’s North County Correctional ...