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Article • February 15, 2012 • from PLN February, 2012
California Pays $10,000 to Settle Sex Abuse Suit Brought by Transgender Prisoner by The California Department of Corrections and Rehabilitation (CDCR) has entered into a settlement agreement with former state prisoner Alexis Giraldo, paying her $10,000 in exchange for a voluntary dismissal of a lawsuit she filed in San Francisco …
Article • February 15, 2012 • from PLN February, 2012
Ninth Circuit Applies Turner Test to Evaluate First Amendment Interest in Prisoners’ Receipt of Unsolicited Publications by Michael Brodheim 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 …
Article • February 15, 2012 • from PLN February, 2012
California: Prison Visitor Settles Slip-and-Fall Suit for $175,000 by Richard Allen Barton, Sr. has settled a lawsuit he filed against the State of California and officials at Avenal State Prison, agreeing to accept $175,000 in exchange for dismissal of the suit. On July 11, 2008, while visiting a prisoner at …
Article • February 15, 2012
$1,800 Settlement in Clerical Error Resulting in Jail Time by California’s County of Sacramento paid $1,800 to settle the claim of Stephen L. Stucker, who was held in jail for two days due to a clerical error. His July 17, 2002 jailing resulted in the denial of his psychiatric medication. …
Article • February 15, 2012 • from PLN February, 2012
CDCR Pays $12,000 to Settle California Prisoner’s Pro Se Caging Suit by As part of a settlement agreement, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $12,000 to prisoner Bobby James Williams to settle a lawsuit Williams filed in 2005. Williams claimed that the CDCR had violated …
Article • February 15, 2012
California: $5,000 Settlement in Wrongful Imprisonment by California’s County of Sacramento paid $5,000 to settle the wrongful imprisonment claim of Robert B. Weber, who was arrested on February 1, 2004 on suspicion of driving under the influence. At the jail, a computer error indicated “no bond, 30 day immediate confinement.” …
Article • February 15, 2012
California Prisoner Settles Medical Indifference Claim for $8,500 by by Mark Wilson California prison officials have paid a prisoner $8,500 to settle his claims of deliberate indifference to his serious medical needs. On or about January 4, 2001, California state prisoner Kelvin Carver Johnson was confined at CSP-Solano. While eating …
California Prison Sexual Harassment Case Settles for $210,000 by Mark Wilson The California Department of Corrections and Rehabilitation (CDCR) has paid a former contract employee $210,000 to settle her claims of sexual harassment, discrimination and retaliation. Lakesha Jones worked as a registry Licensed Vocational Nurse (LVN) for the CDCR from …
Article • February 15, 2012
9th Circuit: Appeals Court Lacks Jurisdiction over Non-Final Order For New Parole Hearing by The Ninth Circuit has held that it lacks jurisdiction to hear an appeal of a district court order instructing California's Board of Parole Hearings (Board) to conduct a new parole hearing, where that order, because it …
Article • February 15, 2012
9th Circuit: Equitable Estoppel Applies Where Fraudulent Concealment by Police Thwarts Filing of Claim within Statute of Limitations Period by The Ninth Circuit has held that the doctrine of equitable estoppel can save a claim brought under 42 U.S.C. § 1983 against an otherwise-applicable statute of limitations bar, where although …
Article • February 15, 2012
Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or Prospective by Municipality may be Held Liable Under § 1983 only for its Own Violations of Federal Law, Irrespective of Whether Relief Sought is Monetary or …
Article • February 15, 2012
Prisoner Who Faces No Irreparable Injury Not Entitled to Preliminary Injunction by In March 2011, the California Court of Appeal affirmed a trial court’s denial of preliminary injunctive relief to a prisoner who alleged that Salinas Valley State Prison (SVSP) officials were not complying with the Approved Personal Property Schedule …
Article • February 15, 2012
California Moratorium on Executions Continues by Two days before his scheduled execution, the Ninth Circuit remanded back to the district court Albert Brown's Eighth Amendment challenge to the method of his execution to determine whether, under the "demonstrated risk" standard articulated by the Supreme Court in Baze v. Rees, 553 …
California: Prior Conviction for Being a “Felon in Possession of Firearm” Admissible as Evidence in Subsequent Criminal Trials by The California Court of Appeal has held that a prior conviction for being a felon in possession of a firearm is a crime of moral turpitude, and therefore that evidence of …
Article • February 15, 2012
California Shells Out $250,000 to Settle Prisoner’s Wrongful Death Suit by In September 2008, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $250,000 to settle a wrongful death suit brought by Victoria Wright, the surviving spouse of former CDCR prisoner Jay Wright, who died of cardiac arrest …
Article • February 15, 2012
California Supreme Court Clarifies Meaning of Public Interest Litigation by The California Supreme Court has held that the issues underlying a published appellate decision, viz., Serrano v. Stefan Merli Plastering Co., Inc. (2008) 162 Cal.App.4th 1014, qualify the case as public interest litigation, which may entitle the prevailing party to …
CDCR Pays $7,500 to Resolve Payment Dispute in Employee Sexual Harassment Suit by In February 2009, the California Department of Corrections and Rehabilitation (CDCR) agreed to pay $7,500 to settle a payment dispute over a lawsuit filed by psychotherapist Sallie Mae Bradley for alleged sexual harassment by a CDCR Chaplain, …
CDCR Pays $25,000 to Settle Employee Harassment Claim by In December 2008, Sergeant Curtis Scott signed a Settlement Agreement with the California Department of Corrections and Rehabilitation (CDCR), agreeing to settle the lawsuit he had initiated in April 2007. In that lawsuit, Scott alleged that, while employed at High Desert …
Article • February 15, 2012
Conspiracy Claim Must Be Supported by Facts by The U.S. Ninth Circuit Court of Appeals has held action under 42 U.S.C. § 1985 that conspiracy claims must be supported by facts and evidence. Mrs. Alvera M. Aldabe filed civil action under 42 U.S.C. § 1983 and 1985(3) claiming that a …
Article • February 15, 2012
California DOC Agrees to $135,000 Settlement for Failing to Diagnose Prisoner’s Cancer, Resulting in Death by A $135,000 award was granted in the wrongful death suit against California Department of Corrections (CDOC). In July of 2000, Jake Mumm, a California prisoner, was housed at California Men’s Colony, where he began …
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