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Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Holds Serious Risk to Prisoner’s Health Posed by Year-Long Denial of Outdoor Exercise “Obvious” as a Matter of Law by Michael Brodheim 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 …
Article • November 15, 2011 • from PLN November, 2011
Filed under: Sentencing, Parole
Ninth Circuit Holds That Absconding Tolls Supervised Release for Federal Parolees by The time a released prisoner serves on supervised release is tolled when he or she absconds, the U.S. Court of Appeals for the Ninth Circuit held. Manuel Ignacio Juarez was deported following completion of his federal prison sentence …
Article • November 15, 2011 • from PLN November, 2011
Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal by Michael Rigby by Mike Rigby In an amended opinion filed on November 19, 2010, the Ninth Circuit reversed a district court’s dismissal of a prisoner’s claims that 1) his constitutional …
Article • November 15, 2011
Feds Can Collect DNA as a Condition of Bail, Ninth Circuit Decides by Brandon Sample By Brandon Sample Amendments to the Bail Reform Act requiring a defendant to consent to the collection of DNA before being granted bail do not offend the Fourth Amendment, the U.S. Court of Appeals for …
Article • November 15, 2011
Filed under: Police, False Arrest
$2,250 Settlement in California for False Arrest on Fabricated DUI Charge by California’s County of Sacramento paid $2,250 to settle the false imprisonment claim of Shannon Rackley, who was arrested on April 3, 2003 for driving under the influence despite having a blood alcohol content below the legal limit and …
California: Prisoners May Be Transferred Out of State To Alleviate Severe Prison Overcrowding by In 2008, the California Court of Appeal upheld the Governor's authority, under the California Emergency Services Act (Government Code, § 8550 et seq.), to proclaim a state of emergency because of severe overcrowding in the state's …
Article • November 15, 2011
California Supreme Court Rules Cell Phones Can be Searched after Arrest by By Derek Gilna In the case of People v. Diaz, the California Supreme Court ruled that after police take a cell phone from a suspect during an arrest, they can search the phone's text messages without a warrant. …
Article • November 15, 2011
CDCR Cannot Avoid Paying Officers in Training by In a case of purely statutory construction, the Fourth District Court of Appeal held in June 2011 that Penal Code § 13602, subd. (a), authorizes California Department of Corrections and Rehabilitation (CDCR) employment training for correctional peace officers at its academies in …
Article • November 15, 2011
$500 Settlement in California Prisoner Beating Suit by A California prisoner received a $500 settlement in a civil rights action claiming 8th Amendment violations for excessive force by ten prison guards. Prisoner Fred Smith was imprisoned at Corcoran State Prison when he was assaulted by prison guards J.C. Thomas, F. …
Article • November 15, 2011
$35,000 Settlement in Personal Injury Negligence Suit Against California Department of Corrections by A California prisoner received a $35,000 settlement in a personal injury negligence suit. Prisoner Andre M. Smith was imprisoned at the California Men’s Colony on April 19, 2005. While getting off his bed, the chain broke and …
Article • November 15, 2011
$165,000 Settlement over Forced “Cold Turkey” Withdrawal from Prescribed Medication by A California prisoner received a $165,000 settlement in a civil rights action alleging deliberate indifference to his serious medical needs surrounding his forced “cold turkey” withdrawal from medication prescribed by prison doctors. Prisoner Charles Strain was prescribed medication for …
Article • November 15, 2011
Filed under: Medical, Medical Expenses
California: County Not Liable For Precommitment Arrestees' Medical Costs by John Dannenberg by John E. Dannenberg The California Court of Appeals held that San Diego County was not financially responsible for medical care for precommitment arrestees who received medical care at community hospitals prior to being booked into county jail. …
Article • November 15, 2011
L.A. County Sheriff’s Department Settles Police Shooting Case for $150,000 by The Los Angeles County Sheriff’s Department (LACSD) offered a six-figure settlement to a gunshot victim rather than risk civil proceedings. Salvador Montoya filed suit alleging he was shot without cause by an LACSD deputy. Montoya was walking in the …
Article • November 15, 2011
Superior Court in California Enters Judgment on False Imprisonment Claim for $26,223.80 by The Superior Court of California, Alameda County, entered a $26,203.80 judgment in a false imprisonment claim. Jorge Gallegos was a prisoner in the California Department of Corrections (CDOC) serving a 12 year sentence that began on September …
Article • November 15, 2011
Ninth Circuit Affirms Jury Verdict Against TASER, But Reverses Damages Award by While affirming a jury verdict finding TASER International liable in the death of Robert Heston, a conservative Ninth Circuit panel effectively gutted the judgment by reversing the compensatory damages award to Heston's estate. Adding insult to injury, the …
Article • November 15, 2011
Ninth Circuit Reverses Conviction after Prosecutors Improperly Questioned Defendant about Details of Prior Conviction by By Brandon Sample The U.S. court of appeals for the Ninth Circuit reversed a defendant’s conviction for assaulting a guard after prosecutors improperly questioned the defendant concerning details of a prior bank fraud conviction. Daniel …
Article • November 15, 2011
$900 Settlement for California Prisoner Attacked after Guard Malfeasance by The California Department of Corrections (CDOC) agreed to pay $900 to a prisoner who was attacked by rival prisoners at Corcoran State Prison. On July 12, 2008 Samuel Saldana was beaten by Hispanics from southern California after S. Walsh, a …
Article • November 15, 2011
Filed under: Medical, Urinary
CDOC Agrees to Pay $5,000 to Resolve Medical Indifference Suit by On May 13, 2009, the California Department of Corrections (CDOC) agreed to pay $5,000 to a prisoner who received deliberately indifferent medical care. According to Humberto Preciado’s 42 U.S.C. § 1983 suit, medical staff at Chuckawalla Valley State Prison …
Article • November 15, 2011
Filed under: Searches, Police Searches
CDOC Agrees to Pay $10,000 to Settle Suit Alleging Unlawful Search of a Home by On April 16, 2009, the California Department of Corrections (CDOC) agreed to pay $10,000 to a woman after CDOC staff unlawfully entered her home. Rita Baldwin sued the CDOC after undercover CDOC agents entered her …
Article • November 15, 2011
CDOC Agrees to Pay $20,000 for Unlawful Imprisonment by Steven Larson sued the CDOC alleging constitutional violations, false imprisonment, and negligence after he was unlawfully held for 47 days. In 2007, Larson violated the conditions of his parole. At the revocation hearing, Larson received a firm parole discharge date of …
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