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Article • May 15, 2011
Sacramento County Agrees to Pay $9,500 to Settle False Arrest/Imprisonment Suit by In 2005, the County of Sacramento agreed to pay $9,500 to settle a false arrest/imprisonment suit. Daniel Genzoli was arrested after his fingerprints allegedly matched up with prints taken from a business that was burglarized. It turned out …
Contributions to California Politicians Rewarded with Lucrative Private Prison Contracts by In politics, sometimes a little monetary grease goes a long way. No doubt, that’s why Corrections Corporation of America (CCA), the nation’s largest private prison operator, based in Nashville, Tennessee, has contributed hundreds of thousands of dollars to lawmakers …
Article • May 15, 2011 • from PLN May, 2011
Inefficiencies in Prison Pharmacy Operations Cost California Taxpayers at Least $13 Million Annually by Michael Brodheim by Mike Brodheim Responding to concerns brought to its attention by pharmacy staff regarding the amount of medication wasted in California’s prisons, in April 2010 the Office of the Inspector General (OIG) released a …
Article • May 15, 2011 • from PLN May, 2011
Filed under: Sentencing, Parole
Elaborate California Parole Violator Sting Nabs 150 by About 150 California parole violators recently learned the hard way that “if it sounds too good to be true, it probably is.” California corrections officials set up an elaborate scheme targeting 2,700 of the state’s 14,000 parole violators, by sending letters to …
Article • May 15, 2011
Ninth Circuit: “Some Evidence” of Offense Viciousness Justifies Denial of Lifer’s Parole by Marvin Mentor The Ninth Circuit U.S. Court of Appeals held that the denial of a second degree murderer’s parole by the California parole board (BPT), based upon factors relating solely to the commitment offense, was justified when …
Article • May 15, 2011
California Court Holds Subpoenas Ineffective If Factual Basis for Materiality Lacking in Civil Commitment Hearing by Following transfers from the California Supreme Court, the Fourth Appellate District (Div. 3) granted five petitions for writs of prohibition/mandate (consolidated into a single case), finding that the contested subpoenas duces tecum issued by …
Article • May 15, 2011
L.A. County $220,000 settlement In Traffic Collision Involving Sheriff's Deputies by L.A. County $220,000 Settlement In Traffic Collision Involving Sheriff's Deputies On September 23, 2009, the Office of County Council for the County of Los Angeles submitted a County Claims Board recommendation to the county's Board of Supervisors to settle …
Article • May 15, 2011
Ninth Circuit: Prejudgment Qualified Immunity Appeal Mooted By Trial on Merits by In a per curiam opinion, the Ninth Circuit dismissed as moot defendant A. Curtis Wright’s pretrial appeal of the district court’s denial of his motion for summary judgment on the ground of qualified immunity, reasoning that, since the …
Article • May 15, 2011
California Civil Detainee Convicted of Assaulting Guard by California’s Fourth District Court of Appeals has affirmed the conviction for battery upon a custodial officer against a “civil committee.” Following the jury’s verdict, a sentence of eight years was imposed upon “two strikes offender” Jeremy Noel Dooley. Dooley was a civil …
Report Documents Scope of Prosecutorial Misconduct in California by Michael Brodheim by Mike Brodheim In October 2010, the Northern California Innocence Project (NCIP) of the Santa Clara University School of Law published a study regarding the extent of prosecutorial misconduct in California. The study explores the ways in which the …
Article • May 15, 2011 • from PLN May, 2011
California Jury Awards Native American Prisoner $150 on Due Process Property Claim by A federal jury awarded $150 in damages to California prisoner Gregory L. Rhoades, a Native American, after finding that the property room officer at Corcoran State Prison, defendant D. Adkison, had violated Rhoades’ 14th Amendment due process …
Article • May 15, 2011 • from PLN May, 2011
Two California Prisoners Die as a Result of Doctor’s Negligence by Derek Gilna A Costa Mesa, California doctor’s negligence contributed to the deaths of two prisoners and near-blindness of a third, according to a December 2010 announcement by the state’s medical board. Dr. Allan J.T. Yin, 74, was placed on …
Article • May 15, 2011 • from PLN May, 2011
CA Inspector General Finds 15 of 17 Prisons Demonstrate Low Adherence to Established Medical Policies and Procedures by Michael Brodheim by Mike Brodheim In August 2010, California’s Office of the Inspector General (OIG) issued a report summarizing and analyzing the results of medical inspections at 17 of 33 adult prisons …
Article • May 15, 2011
Filed under: Medical, Kidney, Malpractice
Doctor’s Treatment of Prisoner's Chronic Kidney Failure Without Examination States A Claim by The Ninth Circuit reversed the dismissal of a state pro se prisoner's complaint holding that the facts alleged at this early stage may state a claim for medical deliberate indifference. California state prisoner Jessie Watson filed a …
California’s Megan’s Law Applies Retroactively by California’s Fourth District Court of Appeal has affirmed that the California version of “Megan’s Law” may be retroactively applied to persons convicted of qualifying crimes prior to the statute’s 2004 enactment and subsequent amendments. In so holding, the Court rejected the petitioners’ equitable estoppel …
Article • May 15, 2011 • from PLN May, 2011
California: Continued Resistance Among Prisoners and Prison Officials Alike Slows Attempts to End Housing Segregation by Michael Brodheim by Mike Brodheim Five years after the U.S. Supreme Court held in Johnson v. California, 543 U.S. 499 (2005) [PLN, July 2005, p.22; April 2004, p.40] that California’s policy of housing prisoners …
Article • May 15, 2011 • from PLN May, 2011
Ninth Circuit Rules PLRA Requires Exhaustion Even if Prison Grievance Process Cannot Provide Monetary Relief by The Ninth Circuit Court of Appeals affirmed the dismissal of a California prisoner’s Eighth Amendment damages claim due to his failure to exhaust administrative remedies. In June 2003, Bruce Alan Morton was assaulted in …
Brief • May 11, 2011
California v. North Side Oakland, CA, Appellants Reply Brief, gang affiliation proof, 2011 JULIA SHERWIN (State Bar No. 189268) MICHAEL J. HADDAD (State Bar No. 189114) GINA ALTOMARE (State Bar No. 273099) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 Attorneys for Defendant-Appellant …
Publication • May 1, 2011
Filed under: Parole
Police Executive Research Forum - The Early Release of Prisoners - California The early release of Prisoners And its Impact on Police Agencies and Communities in California Police Executive Research Forum — May 2011 A Joint Project of: The early release of Prisoners And its Impact on Police Agencies and …
Article • April 15, 2011
Filed under: Sentencing, Parole
Ninth Circuit: California Governor’s Reversal Of Lifer’s Parole Violates Due Process Absent Some Evidence Of Current Dangerousness by John Dannenberg by John E. Dannenberg In a major victory for California lifers, the Ninth Circuit U.S. Court of Appeals held that a second-degree murderer who had done 27 years on a …
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