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Article • September 15, 2011
California Extends prison Mailbox Rule to Civil Filings by The California Supreme Court has held that the prison-delivery rule, also known as the prison mailbox rule, applies to a self-represented prisoner’s filing of a notice of appeal in a civil case, just as it has long been held to apply …
Article • September 15, 2011
California: Probation Revocation Based Upon Hearsay Evidence Was Error by by John E. Dannenberg The California Court of Appeal reversed a prisoner's revocation of probation that had rested upon hearsay evidence at his revocation hearing. The court held that where there had been no impediment to having gained actual witness …
Article • September 15, 2011
California DOC Officials Enjoy Absolute Immunity From Tort Liability Under Civil Code by John Dannenberg by John E. Dannenberg When a private prison corporation sued Director Jeanne Woodford of the California Department of Corrections and Rehabilitation (CDCR) for alleged defamatory statements made against the corporation's performance on a CDCR contract, …
Article • September 15, 2011 • from PLN September, 2011
California State Auditor Reports on CDCR Malfeasance by In January 2011, the California State Auditor presented an investigative report to the governor and legislative leaders that summarized substantiated allegations of improper activities involving several state agencies, including the California Department of Corrections and Rehabilitation (CDCR). The reported investigations were completed …
Article • September 15, 2011
Death Penalty Scrutinized: Court Halts Missouri Physician-Overseen Lethal Drug Execution; Ten States Suspend Executions by John Dannenberg by John E. Dannenberg The death penalty has come under renewed scrutiny nationwide with nine states suspending executions by lethal injection. Serious questions have been raised both as to Eighth Amendment concerns of …
Article • September 15, 2011 • from PLN September, 2011
Filed under: Sentencing, Parole
California: OAL Disapproves Proposed Parole Board Regulation Formalizing Lifer Risk Assessments by Michael Brodheim In May 2011, California’s Office of Administrative Law (OAL) disapproved a proposed regulation submitted by the Board of Parole Hearings intended to formalize procedures requiring Board psychologists to evaluate the risk for future violence of life-sentenced …
Article • September 15, 2011 • from PLN September, 2011
California: Orange County Jail System Ordered to Remedy ADA Violations by Michael Brodheim by Mike Brodheim Following remand from the Ninth Circuit’s ruling in Pierce v. County of Orange, 525 F.3d 1190 (9th Cir. 2008) [PLN, Feb. 2009, p.34], U.S. District Court Judge Audrey B. Collins held on January 7, …
Article • September 15, 2011 • from PLN September, 2011
Federal Stimulus Money Not Spent as Intended by San Diego County Probation Department by According to an internal audit disclosed in November 2010, the San Diego County Probation Department did not allocate federal stimulus funds for the purposes intended under the terms of the stimulus program. The good news is …
Article • September 15, 2011
Ninth Circuit: Victims Have Right to Speak At Sentencing by Ninth Circuit: Victims Have Right to Speak at Sentencing W. Patrick Kenna is a victim of fraud perpetrated by Moshe and Zvi Leichner, a father and son team who swindled scores of victims out of nearly $100 million. Mosche was …
Article • September 15, 2011
Ninth Circuit: No § 1983 Private Right Of Action Accrues From Failure To Notify Alien Prisoner’s Consulate by Ninth Circuit: No § 1983 Private Right of Action Accrues from Failure to Notify Foreign National Prisoner’s Consulate by John E. Dannenberg The Ninth Circuit Court of Appeals has held that a …
Brief • September 15, 2011
Dach v. City of Richmond et al, CA, Letter to Judge, discovery dispute fees cost, 2011 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page1 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page2 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page3 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page4 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page5 of 15 Case3:09-cv-00171-JSC Document64 Filed09/15/11 Page6 …
Brief • September 14, 2011
Walker v. Moody, CA, Complaint, Detective Misconduct, 2011 Case: 10-55692 09/14/2011 ID: 7894538 DktEntry: 32 Page: 1 of 51 Ninth Circuit Nos. 10-55692 and 10-55970 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MICHAEL WALKER, Plaintiff and Appellee, v. STEVEN MOODY and ROBERT PULIDO, Defendants and Appellants. …
Brief • September 13, 2011
Lopez v. County of Tulare, CA, Complaint, Jail Suicide, 2011 5 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Facsimile: (510) 452-5510 6 Attorneys for Plaintiffs 1 …
Venegas v. County of Contra Costa, CA, Complaint, Excessive Force, 2011 - - · • - - ..,.,., .a. ~ &.UII RECEIVED SEP 16 2 11 , 1 2 3 4 f Philip R. Weltin, Esq. SBN 46141 Daniel R. Weltin, Esq. SBN 226600 WELTIN • STREB & WELTIN LLP …
Brief • September 6, 2011
Filed under: Depositions, Wrongful Death
Dach v. Richmond, CA, Letter to Defendant, Wrongful Death, 2011 September 6, 2011 Mr. James V. Fitzgerald, III Mr. Noah Blechman McNamara, Dodge, et al. 1211 Newell Ave. P.O.Box 5288 Walnut Creek, CA 94596 Via U.S. Mail and Email Re: Dach v. City of Richmond Dear Mr. Fitzgerald and Mr. …
Brief • August 30, 2011
Sarmiento v. County of Orange, CA, Deposition - Cope, August 30, 2011 Page 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Page 3 1 2 3 4 CARLA RACHEL SAMETH, ) ) Plaintiff, ) ) vs. ) 10-CV-06565 (RXx) ) COUNTY OF LOS ANGELES, et al., ) ) Defendants. …
Cordoba v. Pulido, CA, Complaint 2011 Case 4:11-cv-04062-SBA Document 1 Filed 08/19/11 Page 1 of 26 Case 4:11-cv-04062-SBA Document 1 Filed 08/19/11 Page 2 of 26 Case 4:11-cv-04062-SBA Document 1 Filed 08/19/11 Page 3 of 26 Case 4:11-cv-04062-SBA Document 1 Filed 08/19/11 Page 4 of 26 Case 4:11-cv-04062-SBA Document 1 …
Brief • August 19, 2011
Sarmiento v. County of Orange, CA, Deposition - Cope, August 19, 2011 Page 1 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA _____________________________ STEPHEN C. GATES, ) ) Plaintiff, ) ) vs. ) No.: SACV 10-218-JVS (ANx) ) ORANGE COUNTY SHERIFF'S ) DEPARTMENT, et al., ) ) Defendants. ) _____________________________) …
Brief • August 17, 2011
CCPOA V, CDCR, CA, Complaint, Unpaid Overtime, 2011 11111111 H 1111 ffl 111111 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Aug-17-2011 3:22 pm Case Number: CJC-11-004661 Filing Date: Aug-17-2011 3: 19 JukeBox:001 lmage:03302394 COMPLAINT CALIFORNIA CORRECTIONAL EMPLOYEES WAGE AND HOUR CASES 001 C03302394 Instructions: Please …
Article • August 15, 2011
Another Unsupervised Prisoner Beaten To Death in L.A. County Jail by The eighth prisoner-on-prisoner killing in the Los Angeles (LA) County Jail in the past two years occurred in November, 2005, in spite of earlier assurances by Sheriff Lee Baca that he was taking steps to tighten security after the …
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