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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, …
Article • July 15, 2011
Filed under: Medical, Medical Expenses
California: City Liable For Hospital Costs of Prisoner Taken from City Jail by John Dannenberg By John E. Dannenberg In May 2003, indigent prisoner Kenneth Denham was arrested and detained by Oakland police. Five days later they took him to the county jail, but the county refused to accept him …
California Federal Court Refuses to Dissolve Most of Orantes Injunction by Matthew Clarke By Matt Clarke On July 23, 2007, a federal district court in California issued an opinion declining to dissolve the injunction issued in Orantes-Hernandez v. Meese, 685 F.Supp. 1488 (C.D.CA 1988), 919 F.2d 549 (9th Cir. 1990), …
Article • July 15, 2011
California Prisoner Entitled to Parole Gate Money Even if Release is to a Hold for Sexually Violent Predator Evaluation by John Dannenberg California Prisoner Entitled to Parole "Gate Money" Even if Release is to a Hold for Sexually Violent Predator Evaluation By John E. Dannenberg The California Court of Appeal …
9th Circuit: Eleventh Amendment Bars Prisoner’s Claim for Damages under RLUIPA by The Ninth Circuit has held that a prisoner bringing suit under the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA), 42 U.S.C. § 2000cc-1, may not obtain damages from state officials in their official capacities. California …
Article • July 15, 2011
California: Appellate Disentitlement Doctrine Not Applicable To Defendant Deported By ICE by Michael Brodheim By Michael Brodheim The California Court of Appeal has held that appellate disentitlement, a reviewing court’s inherent power to dismiss an appeal by a party who has refused to comply with a court’s orders, does not …
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