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Hall et al v. Mims, CA, Order Def MTD, jail disabled inmates inadequate health care protection, 2012 Case 1:11-cv-02047-LJO-BAM Document 32 Filed 05/16/12 Page 1 of 11 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Sentencing, Death Penalty
Research Finds Capital Punishment System in California is Costly, Ineffectual by A June 2011 law review article by Ninth Circuit Court of Appeals Senior Judge Arthur L. Alarcón and Loyola Law School Professor Paula M. Mitchell, Alarcón’s longtime law clerk, analyzes the costs to taxpayers of administering California’s capital punishment …
Article • May 15, 2012 • from PLN May, 2012
California Pilot Program Reduces Recidivism by A pilot program enacted by the California legislature in 2009 appears to be achieving its intended goal of reducing recidivism, according to a June 2011 report prepared by Dorothy Korber with the California Senate Office of Oversight and Outcomes. With three-year recidivism rates hovering …
Article • May 15, 2012 • from PLN May, 2012
Filed under: Medical, Cancer, Misdiagnosis
$3,750 Posthumous Settlement in California Prisoner’s Medical Suit by State officials have settled a federal lawsuit against California Department of Corrections and Rehabilitation medical staff that alleged lengthy delays in the diagnosis and treatment of a prisoner’s stomach cancer. Gerardo Richardo Gallegos was a California state prisoner who did not …
Article • May 15, 2012 • from PLN May, 2012
Ninth Circuit Holds New Claims Need Only be Exhausted Prior to Filing Amended Complaint by The Ninth Circuit has held that a § 1983 prisoner litigant who wants to raise new claims based on conduct that occurred after an initial complaint was filed may do so by exhausting available administrative …
Article • May 15, 2012
Filed under: Classification, Transfers
9th Circuit Confirms Only BOP Can Designate Prison Assignments by The United States Court of Appeals for the 9th Circuit has dismissed the appeal of prisoner Oscar Ceballos, AKA Chuco, which complained of the Federal Bureau of Prison's (BOP) failure to designate him to the prison facility recommended by the …
Article • May 15, 2012 • from PLN May, 2012
California Appeals Court Holds Release from Prison Moots Challenge to Parole Denial by The California Court of Appeal, Third District, has held that release from prison moots a prisoner’s habeas corpus petition challenging an adverse decision by the Board of Parole Hearings (“Board”). Convicted of second-degree murder in 1984, Damian …
Article • May 15, 2012 • from PLN May, 2012
Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but then failed (due to limited resources) …
California: Federal Court Grants Increased Attorney Fee Rates in Armstrong Disability Case by On August 8, 2011, a California federal district court approved an increase in the hourly rates for the plaintiffs’ attorneys due to additional experience the attorneys had accrued since the beginning of the litigation. The court had …
Ninth Circuit Rules Sheriff May be Held Liable for Violence in Los Angeles County Jails by The Ninth Circuit Court of Appeals held in a revised ruling that Los Angeles County Sheriff Leroy Baca could be held liable for his subordinates causing dangerous conditions in the Los Angeles County Jail …
California Settles Suit over Damage to Prisoner's Medical Prostheses by Larry Edwards, a California state prisoner filed a federal civil rights action after a guard at the California State Prison-Solano allegedly damaged his medical brace and glasses and then, along with other guards, threatened him with retaliatory disciplinary action and …
9th Circuit Grants Public Access to Search Warrant Records by The U.S. Court of Appeals for the Ninth Circuit has overturned a District of Montana decision and granted unlimited access to search warrant records of a City of Garryowen business owner, whom the federal government investigated but declined to prosecute. …
9th Circuit Rejects Prisoner Self-Defense Theory in Assault with Shank by Derek Gilna By Derek Gilna The U.S. Appeals Court for the 9th Circuit has declined to permit prisoner Lenny Urena from asserting "self-defense" in his trial for assault with a dangerous weapon against a fellow prisoner. The Court also …
Lying about Possessing a Weapon upon Arrest Booking Violates California Law; Does Not Implicate Fifth Amendment by The California Court of Appeals held that an arrestee who lies to jail booking officers about possessing a weapon violates a law prohibiting introduction of a weapon into a jail. The court also …
Article • May 15, 2012
BOP Settles Medical Neglect Death Suit by On August 15, 2008, the wife of a deceased federal prisoner settled claims against the Federal Bureau of Prisons (BOP) related to his death. Terms of the settlement are unknown. BOP prisoner Terrance Mallett repeatedly complained of a sore throat and nasal problems. …
California Prison System Settles Employee's Unlawful Discharge Suit for $98,000 by Ruby P. Daniels was employed as a “materials and stores supervisor” at San Quentin Prison after having worked about six years for the California Department of Corrections and Rehabilitation. She is the primary caregiver for her sister, who is …
Article • May 15, 2012
California Prison System Settles Marital Status Discrimination Suit by Terry Dickinson was employed by the California Department of Corrections and Rehabilitation (CDCR) as a Correctional Counselor II in the Inmate Appeals Office at the California State Prison-Solano when Warden Tom Carey and other prison officials allegedly informed him that he …
California Prison System Settles Prisoner's Excessive Force Suit for $1,000 by On May 14, 2007, Tyun Sockee Dodson, a California state prisoner, filed a pro se federal civil rights action under 42 U.S.0 § 1983 alleging he was severely beaten by guards at the Calipatria State Prison without provocation while …
Article • May 15, 2012
California Prisoner's Syringe Possession Conviction Upheld by The Fifth Appellate District of the California Court of Appeals affirmed a prisoner's conviction for possessing a syringe. On January 18, 2007, guards at the Shafter Community Correction Facility witnessed Vicente Perez and another prisoner acting suspiciously. They searched the prisoners and discovered …
Article • May 15, 2012
California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500 by Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in …
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