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Article • July 15, 2011 • from PLN July, 2011
California Prisoner’s Life Sentence Upheld for Tossing Food Tray at Guard by Michael Brodheim by Mike Brodheim On January 3, 2011, the California Court of Appeal, Fifth District, affirmed a “three strikes” sentence of 25 years to life for a prisoner who, while confined in a security housing unit at …
Article • July 15, 2011 • from PLN July, 2011
A Cage by Any Other Name is Still a Cage: Mentally Ill California Prisoners Caged by Michael Brodheim by Mike Brodheim A rose by any other name, Shakespeare wrote, would still smell as sweet. In California the question is, does referring to a cage as a “therapeutic module” make it …
“America’s Sheriff” Begins Serving Federal Prison Sentence by In January 2011, Michael S. Carona, the former sheriff of Orange County, California, turned himself in to prison officials at the Federal Correctional Institution Englewood in Littleton, Colorado to begin serving a 5 1/2-year sentence following his 2009 conviction for witness tampering. …
Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit by Ninth Circuit: Despite Award of Only Nominal Damages, Attorney Fees Appropriate in § 1983 Wrongful Death Suit Despite a jury’s award of only nominal damages, the Ninth Circuit affirmed the award of …
Article • July 15, 2011 • from PLN July, 2011
Ninth Circuit Holds PLRA Fee Cap for Court-Appointed Counsel Also Applies to Paralegal Fees by In a January 13, 2011 ruling, the Ninth Circuit Court of Appeals determined that the cap on attorney’s fees established by the Prison Litigation Reform Act (PLRA) also applies to separately billed paralegal fees, notwithstanding …
U.S. Supreme Court Holds California’s Prison Overcrowding Violates Eighth Amendment, Must be Remediated by Population Reduction by John Dannenberg by John E. Dannenberg In a landmark ruling upholding provisions of the Prison Litigation Reform Act (PLRA) that permit specially convened three-judge federal court panels to order reductions in state prison …
Article • July 15, 2011 • from PLN July, 2011
California: Controversy Surrounds Governor’s Grant of Clemency to Son of Political Friend by Michael Brodheim by Mike Brodheim In one of his last official acts before leaving office in January 2011, California Governor Arnold Schwarzenegger exercised his right under the state constitution to grant clemency to Esteban Nuñez, the son …
Article • July 15, 2011 • from PLN July, 2011
San Francisco Blanket Jail Strip Search Policy Upheld in Ninth Circuit En Banc Ruling by Michael Brodheim In a class action § 1983 suit brought by pre-arraignment jail detainees, a divided Ninth Circuit panel held that San Francisco’s blanket policy of strip searching all arrestees classified for the jail’s general …
Article • July 15, 2011
Citizen Occupants of Probationer's Residence May Be Lawfully Detained by Michael Brodheim By Michael Brodheim A divided Ninth Circuit panel has held that police officers may lawfully detain the citizen occupants of a home during a probation compliance search. Oscar Sanchez was incarcerated in state prison in 2003, when a …
Article • July 15, 2011
California Parole Procedures Upheld by By Brandon Sample The California Court of Appeals for the Sixth District has rejected a constitutional challenge to the Board of Parole Hearings' (Board) procedures and regulations. The controversy over the Board's parole procedures arose after Donald Lewis, Morriss Bragg, Viet Ngo, Donnell Jameison, and …
California Recognizes “Special Relationship” Between Jailer and Prisoner by Michael Brodheim By Michael Brodheim A California Court of Appeal has held that there is a "special relationship" between jailer and prisoner, which gives rise to a duty of care to protect the prisoner from foreseeable harm and thus can support …
Article • July 15, 2011
Life Sentence for Failure to Comply with Registration Requirement May Violate Eighth Amendment by Michael Brodheim By Michael Brodheim Finding that a "Three strikes" sentence of 28 years to life imprisonment was so grossly disproportionate to an "entirely passive, harmless, and technical violation of the registration law" that it violates …
Article • July 15, 2011
Ninth Circuit Reverses Untimely California Exhaustion Dismissal in Failure to Protect Suit by Mark Wilson By Mark Wilson The Ninth Circuit Court of Appeals reversed a lower court’s dismissal of a California prisoner’s §1983 action for failure to exhaust administrative remedies. California prisoner Leonard Marella was stabbed by fellow prisoners. …
Bossett v. County of Contra Costa, CA, Complaint, Failure to Protect, 2011 r ~ I r;:-.J r r l ,c. !! :; 1 1 2 3 4 Ir WILLIAM A. WELCH, SBN 188391 270 Divisadero Street, #16 San Francisco, California 9411 7 415/609-5591 415/255-9732 FAX Attorney for Plaintiff JOSEPH WILLIS …
Brief • June 24, 2011
XYZ Distributors et al v. County of Los Angeles, CA, Complaint, LAPD police misconduct, 2011 Case 2:11-cv-05301-JAK -FFM Document 1 Filed 06/24/11 Page 1 of 19 Page ID #:1 Case 2:11-cv-05301-JAK -FFM Document 1 Filed 06/24/11 Page 2 of 19 Page ID #:2 Case 2:11-cv-05301-JAK -FFM Document 1 Filed 06/24/11 …
Article • June 15, 2011 • from PLN June, 2011
Federal Cell Phone Ban Becomes Law; California Bill Vetoed, then Re-Introduced by Brandon Sample Legislation barring the possession or use of cell phones by federal prisoners, the Cell Phone Contraband Act (S.1749), was signed into law by President Obama in August 2010. The legislation comes in response to a rising …
Article • June 15, 2011 • from PLN June, 2011
Remembering the High Point of Prisoner Rights by David Hudson by David L. Hudson, Jr. Thirty-seven years ago, the U.S. Supreme Court decided Procunier v. Martinez, 416 U.S. 396 (1974), a ruling that has since proven to be the high-water mark for prisoner rights. On April 29, 1974, the high …
Family of California Immigration Prisoner Who Died Due to Untreated Cancer Gets $3.68 Million by Brandon Sample The family of an illegal immigrant who died from untreated penile cancer was awarded $1.73 million in damages against state prison officials by a Los Angeles County Superior Court jury on November 10, …
Article • June 15, 2011 • from PLN June, 2011
Los Angeles County Approves $444,000 in Settlements for Sexual Assaults by County Employees by On September 29, 2010, the Office of the County Counsel (OCC) for Los Angeles County, California recommended a $199,000 settlement of a claim alleging that a Los Angeles County Probation Department employee had sexually assaulted a …
Brief • June 5, 2011
Castro v. Los Angeles, CA, Ptf's Proposed Jury Instructions, Failure to Protect Prisoner Beaten in Detox Cell, 2011 1 THE LAW OFFICES OF JOHN BURTON John Burton, SBN 86029 2 65 North Raymond Avenue, Suite 300 Pasadena, California 91103 3 Tel. (626) 449-8300; Fax (626) 449-4417 Email: jb@johnburtonlaw.com 4 LAW …
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