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Brief • December 27, 2010
Lucero v. Nguyen, CA, Second Amended Complaint, Failure to Treat Glaucoma, 2009 . . () () Case 2:09-cv-02151-R-AGR Document 52 Filed 12/27/10 Page 1 of 14 Page ID #:366 ... • ' r 1 RONALD 0. KAYE (No.145051) -KEVIN J. LaHUE (No. 237556) 2 KAYE, McLANE & BEDNARSKI 234 E. …
Article • December 15, 2010 • from PLN December, 2010
PLN Wins Public Records Ruling Against California Prison System by Matthew Clarke by Matt Clarke On December 23, 2009, a California superior court ruled that the California Department of Corrections and Rehabilitation (CDCR) had to produce records requested two years earlier by Prison Legal News. PLN made the request for …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Article • December 15, 2010 • from PLN December, 2010
California: 15% Work Credit Limitation Based on Stayed Violent Convictions Applies to Non-Violent Controlling Offense by John Dannenberg The California Court of Appeal, Third District, ruled in April 2008 that when a prisoner receives multiple convictions arising from a single act, some of which qualify as “non-violent” while others qualify …
Article • December 15, 2010 • from PLN December, 2010
Filed under: Work, Prison Industries
California: Prison Industry Board Not Exempt from Civil Service Rules by Michael Brodheim In response to the California Prison Industry Board’s request for an opinion, the Attorney General’s office concluded that while the Board may create a personnel system separate from the state’s constitutionally-protected civil service system, sufficient evidence had …
Article • December 15, 2010 • from PLN December, 2010
California: Gilmore Injunction Over Prison Libraries Terminated After 38 Years by Four months after adopting regulations setting forth a statewide mandate that “[a]ll inmates, regardless of their classification or housing status, shall be entitled to physical law library access that is sufficient to provide meaningful access to the courts” (Cal. …
Article • November 15, 2010 • from PLN November, 2010
Filed under: Sentencing, Parole
California Supreme Court Restricts Remedies in Remands for New Parole Board Hearings by John Dannenberg by John E. Dannenberg In a unanimous ruling on July 29, 2010, the California Supreme Court resolved a narrow question regarding lifer parole litigation; namely, what is the proper scope of the remedy ordered by …
Article • November 15, 2010 • from PLN November, 2010
Ninth Circuit Rebuffs California’s Attempt to Terminate CDCR Medical Receivership by Michael Brodheim In a strongly worded opinion, the Ninth Circuit affirmed the district court’s denial of a motion filed by California state officials to terminate the receivership established in 2006 to oversee and manage delivery of medical care to …
Brief • November 12, 2010
Filed under: Police
Smith v Almada, CA, Amicus Brief HRDC, Police Evidence Suppression, 2010 Case: 09-55334 11/12/2010 Page: 1 of 24 ID: 7544620 DktEntry: 36-2 Ninth Circuit Nos. 09-55334, 09-55345, 09-55346 (consolidated) UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ANTHONY W. SMITH and TERESA SMITH, Plaintiffs - Appellants, v. ROBERT ALMADA, …
Brief • October 21, 2010
Mattos v. Agarano, HRDC Amicus Brief 9th Circuit Taser case, 2010 Case: 08-15567 10/21/2010 Page: 1 of 24 ID: 7518622 DktEntry: 33-2 Ninth Circuit No. 08-15567 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT TROY MATTOS, et al., Plaintiffs - Appellees, v. DARREN AGARANO, et al., Defendants - Appellants. …
Brief • October 19, 2010
Filed under: Restraints, Overdetention
Jackson v Lombardi, CA, Plfs Opp to Def Mot for Atty Fees, excessive force handcuffs unlawful detention, 2010 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page1 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page2 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page3 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page4 of 6 Case3:09-cv-01016-WHA Document262 Filed10/19/10 Page5 of 6 Case3:09-cv-01016-WHA Document262 …
Article • October 15, 2010 • from PLN October, 2010
Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke by Matt Clarke In April 2009, New York passed a statutory amendment that expanded the state’s compassionate release program for terminally ill prisoners. The amendment permitted medical parole for prisoners convicted of certain violent crimes who were …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Article • October 15, 2010 • from PLN October, 2010
Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions by Michael Brodheim In an official-capacity action brought under 42 U.S.C. § 1983 against Los Angeles County Sheriff Leroy D. Baca, the plaintiffs alleged they remained in the custody of the Sheriff’s Department, in violation of their constitutional rights, for …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order Atty Fees, CDCR Public Records, 2010 f-- Ii L. F' ['1 '" n p c: c r-, ENC t~_. ) 1 ROSEN, BIEN & GALVAN, LLP 2 Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 3 Kenneth M. Walczak, Bar …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order re Settlement, CDCR Public Records, 2010 ROSEN, BIEN & GALVAN, LLP Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 Kenneth M. Walczak, Bar No. 247389 315 Montgomery Street, 10th Floor San Francisco, CA 94104-1823 Telephone: (415) (415) Facsimile: Attorneys 433-6830 …
Brief • September 29, 2010
Prison Legal News v. Tilton, CA, Settlement Agreement, CDCR Public Records, 2010 rocp VL 2920'0 24 C'R\ - 1 ROSEN, BIEN & GALVAN_ LLP Sanford Jay Rosen, Bar No. 152566 2 Ernest Galvan, Bar No_ 196065 3 Kenneth M. WI\lc2Bk, BarNo. 247389 315 Montgomery Street. 10th Floor By: _ _A~.-:::IA~IO~OD7W!..!...A~R=:..D …
Thou Shalt Not: Sexual Misconduct by Prison and Jail Chaplains by David Reutter by David M. Reutter Traditionally, the role of a chaplain in the correctional setting is to serve as a spiritual advisor to prisoners and help them meet the requirements of their religious faiths. Equally traditionally, chaplains have …
Deplorable Conditions at Los Angeles ICE Facility Result in Settlement by Brandon Sample Being locked up is bad enough. But imagine being held in a basement without basic essentials like drinking water, clean clothes, the ability to shower, a toothbrush and toothpaste, and medical care. Thousands of immigration detainees in …
California: Last Two of Five Guards Charged in Prisoner’s Death Get Prison Time by In January 2010, two former jail guards were sentenced to prison for participating in a brutal assault that resulted in a prisoner’s death. James Moore, 30, was involved in a lengthy struggle with over a dozen …
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