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Lack of Exercise Claim Survives Motion to Dismiss, but not Summary Judgment by U.S. District Judge William Q. Hayes has denied a Rule 12(b)(6) motion to dismissed filed by California prison officials in a 42 U.S.C. § 1983 action alleging Eighth Amendment violations. Gregory Norwood, a California prisoner, alleged that …
$25,000 Settlement For Tourist Injured Visiting Alcatraz by On January 26, 2009, the United States agreed to pay $25,000 to a tourist injured while visiting Alcatraz, a federal prison turned national park. Roberta Klein sued the United States under the Federal Tort Claims Act after she fell and suffered severe …
Article • December 15, 2009
California Appeals Court Reverses Grant of Habeas in Parole Case by The Court of Appeal of California, Second Appellate District, has reversed the granting of a habeas corpus petition that had alleged the Governor erred in determining a prisoner was eligible for parole. Linda Lee Smith was convicted in 1980 …
Article • December 15, 2009
California Appeals Court Upholds Grant Of Habeas Affording Parole by The Court of Appeal of California, First Appellate District, Division Two, has affirmed a grant of habeas corpus in a case challenging the Governor’s decision to overturn a grant of parole. Peter George Cooper was convicted of murdering his wife …
California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial by California Court of Appeals: Minor Misconduct "Some Evidence" Supporting Parole Denial On March 5, 2009, a California Court of Appeal held that a prisoner's receiving a minor misconduct notation (form CDC 128-A) since his previous parole review was …
Article • December 15, 2009
Court Of Appeals Remands For Redetermination Of Parole Eligibility by The Court of Appeal of California, Sixth Appellate District, has affirmed, as modified, a grant of habeas corpus relief requiring the Board of Parole Hearings to redetermine a prisoner’s eligibility for parole. P.F. Lazor was convicted in 1983 of second …
Article • December 15, 2009
Court Okays Sale Of Unabomber’s Property by The U.S. Court of Appeals for the Ninth Circuit has rejected an appeal by Theodore Kaczynski, better known as the “Unabomber,” challenging the sale and disposition of Kaczynski’s personal property that was seized during the underlying investigation into his bombings. In 2006, the …
Article • December 15, 2009
Filed under: Organizing, Voting, Mandamus
Disenfranchisement Permitted By 14th Amendment Not Limited To Felonies At Common Law by The 14th Amendment to the U.S. Constitution permits states to deny felons and prisoners the right to vote, regardless of whether their offenses were felony offenses at common law, the Court of Appeal of California, First Appellate …
Article • December 15, 2009 • from PLN December, 2009
California Struggles to House Sex Offenders by Michael Brodheim When California voters approved Proposition 83 (Jessica’s Law) in 2006, the non-partisan Legislative Analyst’s Office estimated that enforcement of the law’s provisions – which included GPS monitoring and banning sex offenders from living within 2,000 feet of a school or park …
Article • December 15, 2009
$11,000 Settlement for Arresting Wrong Person by On January 5, 2005, a settlement was reached in a complaint filed pursuant to 42 U.S.C. § 1983 against Sacramento County and various County law enforcement officials alleging Fourth and Fourteenth Amendment civil rights violations, as well as penal and civil code violations. …
Article • December 15, 2009
$15,000 Settlement for Amputated Finger by On February 2, 2007, Anthony Jose Gonzales accepted a $15,000 settlement from Sacramento County, California for the loss of his right-middle finger, which was amputated due to infection while he was being held in the County's Main Jail for drug possession. The settlement was …
Article • December 15, 2009
$32,527 Settlement for Woman Sexually Abused by Work Release Guard by California’s Sacramento County had paid $32,527 to Shantel Franklin, who filed a lawsuit for the sexually abusive acts of Sacramento County Sheriff’s Deputy James Perkins. Franklin began serving the part of her sentence that required her to work in …
$58,333 Settlement for Transgendered Woman’s Sacramento Jail Assault and Sexual Harassment by California’s County of Sacramento has paid $58,333.33 to settle the lawsuit of Richardo Medina-Tejada, who claimed that as a post-operative transgender male-to-female pretrial detainee at the Sacramento County Jail, she was placed in housing with male prisoners who …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
California Pretrial Detainees Who Are Mentally Incompetent to Stand Trial Responsible for Treatment Costs by California’s Fifth District Court of Appeals has held “there is no equal-protection violation in the legislative determination that estates of individuals committed to state hospitals pursuant to Penal Code section 1368 as pretrial detainees may …
Article • December 15, 2009
California Prisoner Granted Habeas Relief After Parole Denial by On July 16, 2009, a U.S. Magistrate Judge filed his report and recommendation on a petition for writ of habeas corpus brought by California prisoner, Maria Nestle. The petition challenged the decision of the California Board of Parole Hearings (Board) finding …
Article • December 15, 2009
Imprisoning Rights: The Failure of Negotiated Governance in the Prison Inmate Grievance Process by Van Swearingen by Van Swearingen* Introduction Prisons are not meant to be particularly hospitable places; punishment as a goal of imprisonment implies a certain level of discomfort. Since the establishment of punishment by incarceration, prison conditions …
Article • December 15, 2009 • from PLN December, 2009
HABEAS HINTS – CALIFORNIA COMMENT Pace and Bonner: Avoiding and Fighting “Untimeliness” Rulings Under California Law by Kent A. Russell by Kent Russell Recently, the interplay of two decisions, one from the U.S. Supreme Court and one from the Ninth Circuit, has created a potential minefield for California habeas corpus …
Article • December 15, 2009 • from PLN December, 2009
Nearly 15,000 California Prisoners Held in Long-term Isolation by Michael Brodheim The American Friends service committee (AFSC) has taken the position that “long-term solitary confinement is ineffective and inappropriate in all circumstances.” In May 2008, it launched a national STOPMAX campaign calling for an end to the use of solitary …
Article • December 15, 2009 • from PLN December, 2009
Judges: Umpires They Are Not by Brandon Sample U.S. Supreme Court Chief Justice John G. Roberts famously said during his confirmation hearing that judges are like umpires, each calling balls and strikes as they come. But is that really a fair comparison? “Batters” like Kevin Phelps and other prisoners who …
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