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California Prison Settles Prisoner’s Excessive Force Suit for $15,000 by On January 28, 2010, California prisoner Garrison S. Johnson, proceeding pro se, signed a settlement agreement to resolve a federal lawsuit he had filed pursuant to 42 U.S.C. § 1983, claiming violations of his civil rights by officials with the …
California: Parole Agents Saw and Spoke to Kidnap Victim, Yet Failed to Identify or Rescue Her by While providing a legal analysis of claims against the California Department of Corrections and Rehabilitation (CDCR), a June 25, 2010 letter from the California Department of Justice noted that Jaycee Lee Dugard – …
Article • January 15, 2011 • from PLN January, 2011
California: Confiscation of Prisoner’s Mail May Violate First Amendment by In a First Amendment case alleging improper confiscation of a state prisoner’s incoming and outgoing mail, U.S. District Court Judge Susan Illston denied a motion for summary judgment filed by prison officials. In 2007, Marcus Harrison, a validated member of …
Article • January 15, 2011 • from PLN January, 2011
California: Harsh Sentencing Laws and Health Care Costs Strain Corrections Budget by In May 2010, responding to a legislative request for information related to the impact of correctional operations on California’s budget, State Auditor Elaine Howle submitted a report subtitled “Inmates Sentenced Under the Three Strikes Law and a Small …
Article • January 15, 2011 • from PLN January, 2011
Released Prisoners Need Not Exhaust Grievance Remedies Before Filing Suit by The Ninth Circuit has held that former prisoners need not exhaust administrative remedies before filing suit pursuant to 42 U.S.C. § 1983 to challenge the conditions under which they were once confined. In so ruling, the Ninth Circuit joins …
Article • January 15, 2011 • from PLN January, 2011
California: Validity of Parole Board’s Psych Evaluation Procedures for Lifers Questioned by Michael Brodheim The process by which California’s Board of Parole Hearings (BPH) administers psychological evaluations to parole-eligible prisoners serving life sentences has been questioned by the state Senate and also was the subject of a recent ruling by …
Article • January 15, 2011 • from PLN January, 2011
Filed under: Sentencing, Good Time
California Supreme Court Clarifies Application of Presentence Good-Conduct Credit Statute by In an opinion of technical value, but little if any benefit to anyone (including the defendant in the case), the California Supreme Court held that a defendant need spend only four days in presentence confinement -- not six days, …
Article • January 15, 2011 • from PLN January, 2011
Speedy Sentencing Procedure Applies to Probation Revocations, California Supreme Court Holds by California prisoners facing revocation of probation must be sentenced within 90 days after making a request under Penal Code 1381 or the probation revocation proceeding must be dismissed, the Supreme Court of California decided March 9, 2009. David …
Article • January 15, 2011 • from PLN January, 2011
Probation Officers Working in Los Angeles Juvenile Facilities Engage in Misconduct, Avoid Disciplinary Action by Michael Brodheim According to a report released in June 2010 by the Los Angeles County Office of Independent Review (OIR), a civilian oversight agency, lax internal investigations in the county’s Probation Department have allowed sworn …
Article • January 15, 2011 • from PLN January, 2011
California Governor Orders Corrections Officials to Retain Parole Files Indefinitely by The killing of a 17-year-old girl by a sex offender whose parole records had been destroyed resulted in a minor political frenzy in California. The Associated Press requested the parole records of John Albert Gardner III, who was charged …
Brief • January 14, 2011
Taylor v. Clark et al, CA, Plf Response to Def Mot for SJ, Deaf Prisoner Accommodation Excessive Force, 2011 Case 1:07-cv-00032-AWI-SMS Document 131 5 CARTER C. WHITE, CSB # 164149 KING HALL CIVIL RIGHTS CLINIC U. C. Davis School of Law One Shields Avenue, Bldg. TB-30 Davis, CA 95616-8821 Telephone: …
Nicholson v. City of San Diego, CA, Complaint, Arrest Without Probable Cause, 2011 Case 3:11-cv-00055-DMS -RBB Document 1 1 4 EUGENE G. IREDALE, ESQ. (SBN: 75292) JULIA YOO, ESQ. (SBN: 231163) LAW OFFICES OF EUGENE G. IREDALE 105 West “F” Street, 4th Floor San Diego, California 92101-6036 TEL: (619) 233-1525 …
Brief • January 10, 2011
Castillo v. City of Oakland et al, CA, Deposition - Cameron, police use of restraints, 2011 1 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 RAYMOND CASTILLO, 4 Plaintiff, 5 -vs- CASE NO. 6 C09-04679SI CITY OF OAKLAND, et al., 7 Defendant. 8 _________________________________/ 9 10 11 …
Brief • January 5, 2011
Willis v. Vasquez, CA, 4th Amended Complaint, Brutal Beating by Jail Guard Gang, 2011 1 Sonia M. Mercado (SBN: 117069) SONIA MERCADO & ASSOCIATES 2 5711 W. Slauson Avenue, Suite 100 Culver City, California 90230 3 Tel: 310-410-2981 - Fax: 310-410-2957 E-mail: Soniamer2002@yahoo.com 4 Counsel for Plaintiff Tyler H. Willis …
Brief • December 30, 2010
Filed under: Police
Smith v. Almada, 9th Cir, Amicus Brief City of LA, Police Evidence Suppression, 2010 Case: 09-55334 12/30/2010 Page: 1 of 22 ID: 7596479 DktEntry: 45-1 No. 09-55334, 09-55345, 09-55346 (consolidated) IN THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT _________________________________________________ ANTHONY W. SMITH AND TERESA SMITH Plaintiffs and …
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 …
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