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Attorney Fee Award Not Conditioned on Attempts at Pre-litigation Resolution by by Michael Brodheim In a case resulting in the enforcement of provisions that California prisoners, under certain circumstances, be paid for work at no less than minimum wage, the California Supreme Court held that pre-litigation resolution attempts are not …
Article • April 15, 2011
No Summary Judgment on Mail Delay Claim by A federal court in California has denied prison officials summary judgment on injunctive relief claims as to delayed delivery of prisoner mail. However, the court denied damages as to that claim and granted prison officials summary judgment on several other claims. California …
Article • April 15, 2011
Filed under: Sentencing, Parole
California Parole Board Ordered to Set Lifer's Term by John Dannenberg By John E. Dannenberg The California Court of Appeal ordered the California Board of Parole Hearings (BPH) to conduct a new parole hearing for a second-degree murderer within 30 days, wherein they were required to set his parole date. …
Article • April 15, 2011
California Prisoner, As Pro Per Plaintiff In Civil Complaint, Has Right To Reasonable Law Library Access by John Dannenberg By John E. Dannenberg The California Court of Appeal (1st District) held that an indigent pro per prisoner plaintiff who is prosecuting a bona fide civil complaint is entitled to meaningful …
Article • April 15, 2011
California: Operator of Community Detention Facility Settles Suit for $200,000 by In October 2009, Alternative Programs, Inc. (API) entered into a settlement agreement with the California Department of Corrections and Rehabilitation (CDCR), which API had sued for breach of contract. The settlement released CDCR from any and all liability in …
California: $2,005,000 Verdict for Wrongful Death Caused by Police Officers’ Excessive Force by After four days of trial and five hours of deliberations, on April 11, 2011, a federal jury found that defendant police officers had used excessive force against a mentally ill man, which caused his death. The jury …
Article • April 15, 2011
California Court of Appeal Invalidates Legislative Amendments to Voter-Approved Drug-Treatment Diversion Initiative by In November 2009, the California Court of Appeal affirmed the judgment of the Superior Court of Alameda County which enjoined enforcement of a legislative enactment, senate Bill 1137, that sought to amend Prop. 36, a voter-approved initiative …
Article • April 15, 2011
Filed under: Guards/Staff, Guard Unions
California: District Court Denies CCPOA’s Motion for Summary Judgment by In February 2010, in a case alleging breach of contract and defamation on the part of the California Correctional Peace Officers Association (CCPOA), the nation’s largest union of correctional officers and an organizational member of Corrections USA (CUSA), a non-profit …
Article • April 15, 2011
Federal Agent Assaulted By Chula Vista Police, Awarded $2.2 Million by Jury by In March 2010, a San Diego jury awarded federal agent Sergio Lopez $1.2 in compensatory damages and $1.0 million in punitive damages after finding that he was unlawfully assaulted and battered by Chula Vista police officers. On …
Article • April 15, 2011
Ninth Circuit: Jury Finding of Excessive Force Entitles Prevailing Party to Award of Attorney’s Fees by A divided Ninth Circuit has affirmed a jury’s award of only nominal damages for a police officer’s use of excessive force, but reversed the district court’s decision to deny costs and attorney’s fees to …
Article • April 15, 2011
California: Renewed Motion for Attorney Fees Properly Denied When Correct Authority Not Diligently Raised by The California Court of Appeal has affirmed the denial of two requests for attorney fees brought by the state of California, two state agencies and three state officials (collectively, the state), after they successfully defended …
Summary Judgment Granted to a County Sheriff for a Civil Detainees Civil Violation by A California Federal District Court granted defendant’s motion for summary judgment in a lawsuit alleging violation of a civil detainee’s Fourth Amendment rights. Civil detainee John T. Sundquist was at the Atascadero State Hospital under the …
Article • April 15, 2011
California: Penal Code Section 4573 Applies to Arrestees Who, When Booked, are Found in Possession of Controlled Substances by The California Supreme Court has held that Penal Code section 4573, which criminalizes the act of “knowingly bring[ing]” a controlled substance into a jail or prison, applies to a person in …
Article • April 15, 2011
California: Right of Self-Representation May Be Restricted but Not Denied Based on Jailhouse Security Concerns by In a 5-2 decision, the California Supreme Court reversed the conviction and sentence of death imposed on a defendant who, while on capital trial for murdering two college students (see: People v. Butler (2009) …
Article • April 15, 2011
California Prisoners Now Able to Earn Interest on Funds Held In Their Trust Account by On August 1, 2008, California Governor Arnold Schwarzenegger signed Assembly Bill 439 into law. The bill, enacted in response to Schneider v. California Department of Corrections 345 F.3d 716 (9th Cir. 2003), amended Section 5008 …
Article • April 15, 2011
Qualified Immunity Denied in Taser Suit by On December 28, 2009, the U.S. Court of Appeals for the Ninth Circuit affirmed a denial of qualified immunity for a police officer accused of using excessive force during a traffic stop. Carl Bryan was stopped by Officer Brian McPherson of the Coronado …
Article • April 15, 2011
Restrictions on Legal Aid Organizations Upheld by On November 23, 2009, the U.S. Court of Appeals for the Ninth Circuit upheld restrictions prohibiting legal aid organizations from soliciting clients, lobbying, seeking attorneys’ fees, and participating in class actions. Legal Aid Services of Oregon sued the Legal Services Corporation (LSC), a …
Article • April 15, 2011
Taser Constitutes “Intermediate Force”; Law not Clearly Established on Taser Use, Ninth Circuit Decides by The development of a Taser constitutes “intermediate” force, the U.S. Court of Appeals for the Ninth Circuit decided June 18, 2010. Carl Bryan sued a Caranado, California cup, the city of Caranado after he was …
Article • April 15, 2011 • from PLN April, 2011
Filed under: Excessive Force, Burning
Heat Ray Device, Rejected by Military, to be Tested on Los Angeles County Jail Prisoners by Michael Brodheim by Mike Brodheim In August 2010, the Los Angeles County Sheriff’s Department announced plans to deploy a high-tech heat ray device, originally developed by Raytheon Company for use by the U.S. military …
Federal Court Rejects California’s Attempt to Terminate Clark Remedial Plan, Grants $2.3 Million in Attorney’s Fees by Michael Brodheim by Mike Brodheim On August 26, 2010, the U.S. District Court for the Northern District of California issued proposed Findings of Fact and Conclusions of Law after conducting a hearing to …
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