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Article • June 15, 2010 • from PLN June, 2010
California Jail Detainee Attacked by Cellmate, Family Accepts $1.85 Million by Michael Brodheim The family of Jimmy Haws has settled a federal lawsuit against Monterey County and county officials for $1.85 million, two years after initiating litigation following an assault against Haws who, while a pretrial detainee at a jail …
Article • June 15, 2010 • from PLN June, 2010
Ninth Circuit: California Lifers Have No Inherent U.S. Constitutional Right to Parole by John Dannenberg by John E. Dannenberg In a major loss for California lifers, the Ninth Circuit U.S. Court of Appeals, in an en banc ruling, held that a second-degree murderer who had served 27 years on a …
Article • June 15, 2010 • from PLN June, 2010
California: Budget Cuts Target Rehabilitation Programs by Michael Brodheim Forced to trim its budget by $1.2 billion, the California Department of Corrections and Rehabilitation (CDCR) is cutting back on rehabilitative programs that help reduce recidivism. On October 14, 2009, Donovan State Prison closed its “Right Turn” substance abuse program that …
$2,750 Settlement in California Prisoner’s Denial of Exercise Claim by The California Department of Corrections and Rehabilitation (CDCR) paid $2,750 to settle a prisoner’s Eighth Amendment claim for denial of exercise. The May 7, 2008 settlement came in a lawsuit filed by prisoner Terrell Curry. In his third amended complaint, …
Article • June 15, 2010 • from PLN June, 2010
California: Furloughing Prison Employees Costing Taxpayers More by Michael Brodheim Faced with an unprecedented budget deficit, California Governor Arnold Schwarzenegger ordered state workers to stay home three Fridays each month, which amounts to a 14% pay cut. Known as the “Furlough Friday” program, the cost-cutting measure, implemented in February 2009, …
Article • June 15, 2010 • from PLN June, 2010
Mental Health Specialist May be Liable in California Jail Detainee’s Suicide by In a tragic case involving a father who signed a citizen’s arrest for his son who later committed suicide while in pretrial detention, the Ninth Circuit upheld the grant of summary judgment to two sheriff’s deputies and the …
Article • June 15, 2010 • from PLN June, 2010
California: Prison Appeals Coordinator Who Rejected Dental Complaints Held Liable for $1,500 in Damages by Proceeding pro se, California prisoner Earnest C. Woods II survived a summary judgment motion and was awarded $500 in compensatory damages and $1,000 in punitive damages after a jury found that CSP-Solano Appeals Coordinator Santos …
Ninth Circuit Holds Prosecutors Immune for Parole Recommendations by Mark Wilson The Ninth Circuit Court of Appeals has held that prosecutors are absolutely immune for making parole recom-mendations. Liza Brown shot her husband to death and entered into an oral plea agreement. “During the plea colloquy, the prosecutor stated that, …
Article • June 15, 2010 • from PLN June, 2010
California: Indefinite Civil Commitment of Sexually Violent Predators May Violate Equal Protection by In a January 28, 2010 ruling, the California Supreme Court held that Prop. 83, a November 2006 ballot initiative also known as Jessica’s Law, may violate constitutional guarantees of equal protection by subjecting sexually violent predators (SVPs), …
CA Prisoner Erroneously Validated as Prison Gang Member; Clears His Name, Has Records Expunged, $1.04 Million in Fees Awarded by Michael Brodheim On September 30, 2009, more than 16 years after being incorrectly “validated” as an associate of a violent California prison gang, and after having spent eight years in …
Article • May 15, 2010
Costs Awarded to Prisoner; Denied to Defendants Due to Plaintiff’s Indigency by On August 21, 2009, U.S. District Judge Lawrence Karlton awarded $950.64 to a prevailing prisoner-plaintiff in an excessive force suit. On January 28, 2009, a jury returned a verdict in favor of Javaris Tubbs on his excessive force …
Article • May 15, 2010
Sacramento County Agrees to Pay $7,500 after Prisoner Fell from Bunk by On August 30, 2005, the County of Sacramento agreed to pay $7,500 to a prisoner who fell from his bunk while at the Sacramento County Main Jail (SCMJ). The prisoner claimed deliberate indifference to his safety. Peter Heines …
Article • May 15, 2010 • from PLN May, 2010
Kern County Settles False Arrest Lawsuit for $5.5 Million by Michael Brodheim In September 2009, Kern County (California) officials entered into a multimillion dollar settlement agreement with John Stoll, disposing of a federal lawsuit filed by Stoll in 2005, seeking compensation for damages allegedly sustained as a result of a …
Article • May 15, 2010 • from PLN May, 2010
Flushing Junk Down Jail Toilets Damages Sewer System, Prompts $2.3 Million Settlement in California Lawsuit by In October 2009, the San Mateo County Board of Supervisors tentatively agreed to pay $2.3 million to settle a lawsuit that alleged county prisoners were damaging the adjoining sewer system by clogging it up …
Ninth Circuit: Federal Receiver May be Sued for Breach of Contract by Michael Brodheim The Ninth Circuit held on Oct. 30, 2009 that the Receiver appointed by a federal court to oversee delivery of medical care to prisoners in the California Department of Corrections and Rehabilitation (CDCR) was not immune …
Article • May 15, 2010 • from PLN May, 2010
California: Failure to Maintain Relevant Data Renders CDCR Unable to Effectively Monitor and Manage its Operations by Michael Brodheim In September 2009, the California State Auditor, responding to a request from the Joint Legislative Audit Committee, submitted a report to assess the effect of California’s rapidly increasing prison population on …
Article • May 15, 2010
Sacramento County Agrees to Pay $100,000 to Settle Inadequate Medical Care Suit by On July 12, 2007, Sacramento County agreed to pay $100,000 to settle a suit that alleged Sacramento County Main Jail (SCMJ) staff provided deliberately indifferent medical care. Ricky Kirk cut his hand during a domestic dispute at …
Article • May 15, 2010
Sacramento County Agrees to Pay $500 to Settle Slip and Fall Suit by On October 12, 2006, the County of Sacramento agreed to pay $500 to a prisoner who alleged that he slipped and fell twice in a shower at the Sacramento Main Jail (SMJ) due to deliberated indifference by …
Article • May 15, 2010
Sacramento County Settles Prisoner Abuse Suit for $1,000 by On September 18, 2006, the County of Sacramento, California settled a lawsuit brought by a prisoner who was allegedly assaulted by the deputy escorting him from court. George E. Cross, a California state prisoner, was being escorted from court by Deputy …
Article • May 15, 2010
Sacramento County Agrees to Pay $1,000 to Settle Claim of False Imprisonment by On December 22, 2005, the County of Sacramento agreed to pay $1,000 to settle a claim by a man who was erroneously held seven days beyond his sentence. Don Daniel was scheduled to be released from RCCC …
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