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Article • August 15, 2011 • from PLN August, 2011
Ninth Circuit Reverses Grant of Injunctive Relief in Ex Post Facto Challenge to Marsy’s Law by Michael Brodheim by Mike Brodheim The Ninth Circuit Court of Appeals has held that a district court abused its discretion in granting preliminary injunctive relief to a group of California life-term prisoners who challenged, …
Article • August 15, 2011 • from PLN August, 2011
California DOC Complies With Population Reduction Order in Plata v. Brown by John Dannenberg by John E. Dannenberg On June 7, 2011, a scant seven days after the U.S. Supreme Court’s historic ruling affirming a three-judge panel’s order to reduce overcrowding in California’s state prisons (Brown v. Plata, No. 09-1233 …
State Secrets Doctrine Requires Dismissal of Suit Involving CIA Torture Flights by On September 8, 2010, the Ninth Circuit Court of Appeals held the “valid assertion of the state secrets privilege” warranted dismissal of a lawsuit filed by suspects apprehended as part of the CIA’s extraordinary rendition program. The suit …
California Top Cop Sentenced to 5½ Years in Prison by Gary Hunter California Top Cop Sentenced to 5½ Years in Prison By Gary Hunter "I need a sheriff I can trust. Lying will not be tolerated in this courtroom, especially by the county's highest-ranking law enforcement officer." That's what U.S. …
Article • August 15, 2011 • from PLN August, 2011
California Prisoners Still Forced to Drink Arsenic-Laced Water by David Reutter by David M. Reutter Prisoners at California’s Kern Valley State Prison in Delano are being slowly poisoned through their drinking water. The “state of the art” facility opened at a cost of $379 million in 2005; the water problem …
Article • August 15, 2011 • from PLN August, 2011
Los Angeles Jail Guards Beat Prisoner in Front of ACLU Monitor by David Reutter by David M. Reutter A monitor with the American Civil Liberties Union of Southern California (ACLU/SC) witnessed the brutal beating of a prisoner at the Twin Towers Correctional Facility by two Los Angeles County sheriff’s deputies. …
California: Court Monitoring of Conditions at Pelican Bay State Prison Terminated by On March 21, 2011, the Honorable Thelton E. Henderson, U.S. District Court Judge for the Northern District of California, issued an order terminating all remaining aspects of federal court monitoring of conditions at Pelican Bay State Prison. In …
Article • August 15, 2011
California’s Child Abuse Database (CACI) Violated Due Process by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals held that California’s “Child Abuse Central Index” (CACI) database violates due process because identified individuals are not given a fair opportunity to challenge the allegations against them. Under California Penal …
Article • August 15, 2011
Ninth Circuit: California DOC's 15-Day Administrative Appeal Filing-Time-Limit Applies to Initial Instance of Grievance - Not To Ongoing Recurrence by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, following remand from the U.S. Supreme Court, held that a California prisoner had not exhausted his administrative …
Article • August 15, 2011
California’s Death Row: More Suicides Than Executions by Since California’s death penalty was reestablished in 1978, only 13 condemned prisoners have been executed. But in that same period, 38 have died of natural causes while another 14 have committed suicide. In spite of updated suicide prevention procedures, on June 10, …
Brief • August 10, 2011
California v. Niroula, CA, Def Mot for Order protecting attorney-client calls, sheriff illegal telephone monitoring, 2011 Kaushal Niroula Defendant In Pro Per Booking # 200910575 Indio Jail P.O. Box 1748 INDIO, CA 92201 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF RIVERSIDE (INDIO BRANCH) ______________________________________________ THE PEOPLE OF THE …
Armstrong v. Brown, CA, Order Granting Motion to Compel Attorney Fees, 2011 Case4:94-cv-02307-CW Document1919 1 Filed08/08/11 Page1 of 8 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 94-2307 CW JOHN ARMSTRONG, et al., 5 ORDER GRANTING PLAINTIFFS’ MOTION TO COMPEL COMPENSATION …
Williams v. City of Lafayette, CA, Complaint, Racial Profiling, 2011 I I I I C e4:ll-cv-03873-DMR Documentl Filed0S/08/11 Pagel of g ~ 1 2 3 4 6 ....J JOHN L. BURRIS. ESQ. CS8#69888 LAW OFFICES OF JOHN L. BURRIS Airport Corporate Centre 767·7 Oakport Street. Suite 1120 Oakland. CA 94621-1939 …
Brief • July 27, 2011
Rosa v. Taser International, CA, Complaint, Failure to Warn death, 2011 Case: 09-17792 07/27/2011 Page: 1 of 55 ID: 7835505 DktEntry: 14 Ninth Circuit No. 09-17792 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT EVELYN ROSA and ROBERT ROSA, as individuals, and HOLLY ROSA, as an individual and as …
Brief • July 18, 2011
Anderson v. County of Siskiyou, CA, 2nd Amend. Complaint, Jail Suicide, 2011 Case 2:11-cv-00117-GEB -EFB Document 67 1 2 3 4 Filed 07/18/11 Page 1 of 33 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: …
Article • July 15, 2011
California: Bringing Medical Marijuana Into Jail Is Not A Felony by John Dannenberg by John E. Dannenberg The California Court of Appeal held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing such approved marijuana into jail could …
Article • July 15, 2011
Filed under: Sentencing, Parole
California: Multi-Year Lifer Parole Denial Is Permissible Following One-Year Denial, Even In Absence of Significant Changes by Marvin Mentor The California Court of Appeal reversed the Marin County Superior Court’s ruling that had constrained the Board of Parole Hearings (Board), when conducting lifer parole consideration hearings, to give no more …
Article • July 15, 2011
Restitution Decisions Nondelegable; Alcohol Consumption Supervision Condition Invalid by The Ninth Circuit Court of Appeals held that a lower court erred in imposing supervision conditions which delegated restitution decisions to a probation officer, and prohibiting alcohol consumption. It upheld conditions restricting employment and requiring searches without a warrant. “Marcus Betts …
Article • July 15, 2011
Filed under: Sentencing, Parole
California Appellate Court Vacates Governor’s Reversal of Lifer’s Parole Grant by John Dannenberg by John E. Dannenberg The California Court of Appeal, Fourth District, vacated Governor Schwarzenegger’s reversal of a murderer’s grant of parole and reinstated parole. A majority of the court found that there was no evidence showing that …
Article • July 15, 2011
Filed under: Money/Property, Restitution
California: When Fine Imposed Is Payable to State Restitution Fund and Not Directly To Victim, 10% Administrative Fee Is Not Authorized by John Dannenberg By John E. Dannenberg The California Court of Appeal held that when a prisoner is ordered to pay a restitution fine to the State Restitution Fund, …
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