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Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge by On February 25, 2009, a California federal jury awarded $1,310,000 to a man who spent eight months in jail facing a murder charge that was eventually dismissed. Shortly after Christopher Shahnazari was shot in Glendale, California on November …
Article • January 15, 2010
Late Amendment of Pleading Properly Quashed by A California Court of Appeals has upheld a trial court’s decision to quash an amended complaint naming several “Doe” defendants. The action, filed by A.N., alleged that A.N. was harmed while at juvenile hall in Los Angeles County. A.N. sought damages for negligence …
Article • January 15, 2010
Prisoners’ Right to Receive Subscription Mail Clearly Established in Ninth Circuit in 2001 by Eric K. Dannenberg, a California state prisoner, filed a pro se civil rights suit under 42 U.S.C. § 1983 in federal district court alleging that, while he was incarcerated in the transient section at the Wasco …
Article • January 15, 2010
Sacramento County Settles Excessive Force/False Arrest Suit for $1,000 by On January 16, 2004, the County of Sacramento, California settled for $1,000 a suit brought by a former Sacramento County Jail prisoner whose arm had allegedly been broken by a deputy and who had been arrested without an outstanding warrant. …
Article • January 15, 2010
Sacramento County Settles Jail Beating Claim for $1,500 by On April 10, 2006, the County of Sacramento, California settled a claim against it for the 2004 beating of a prisoner in the Sacramento County Jail by three Sheriff's Deputies. Joseph Munyer filed a claim against Sacramento County alleging that, on …
Article • January 15, 2010
Sacramento County Settles Jail Medical Neglect Claim for $1,000 by On December 13, 2005, the County of Sacramento, California settled a claim against it for the medical neglect a prisoner in the Sacramento County Jail suffered in 2004. Jose Del Toro, filed a claim against the Sacramento County alleging that, …
Article • January 15, 2010
Filed under: Sentencing, Parole
Trial Court Exceeded Its Authority In Restricting Parole Board’s Discretion by The Court of Appeal of California, Sixth Appellate District, has reversed an order by the Superior Court of Santa Clara County ordering the Board of Parole Hearings to conduct a new hearing to “explain what instances of [Portee’s] commitment …
Article • January 15, 2010 • from PLN January, 2010
$1.31 Million Award to Wrongfully Jailed California Man by A California federal jury awarded $1.31 million to a man who spent eight months in jail for being unlawfully arrested on a home invasion murder he did not commit. Within eight hours of the November 1, 2005 crime, Edmond Ovasapyan was …
California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790 by Marvin Mentor A February 2008 “disbursement review” report by California’s Inspector General (IG) revealed that the state’s former federal court-appointed prison healthcare Receiver, Robert Sillen, had expended hundreds of thousands of dollars in questionable expenses for travel, in-lieu employee …
Brief • January 6, 2010
Armstrong v. Schwarzenegger, CA, Plf Reply Appeal Brief, ADA Jail Programming, 2010 Case: 09-17144 01/06/2010 Page: 1 of 65 DktEntry: 7185593 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 09-17144 JOHN ARMSTRONG, et al., Plaintiffs-Appellees, v. ARNOLD SCHWARZENEGGER, et al., Defendants-Appellants. On Appeal from the United States District …
Brief • December 23, 2009
Filed under: Publications/Books
Bretches v. Kirkland, CA, Complaint, Banned Prisoner Author Book Aggressive Dogs, 2009 Case3:06-cv-05277-JSW Document80 Filed12/23/09 Page1 of 46 1 2 3 4 HERMAN FRANCK (SBN 123476) ELIZABETH VOGEL (SBN 245772) FRANCK & ASSOCIATES 1801 7TH Street, Suite 150 Sacramento, California 95811 Tel. (916)-447-8400 Fax (916) 447-0720 5 6 Attorney for …
Brief • December 23, 2009
Prison Legal News v. Tilton, CA, CDCR Public Records Order, 2009 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SACRAMENTO GORDON D SCHABER COURTHOUSE MINUTE ORDER [X] Amended on 12/23/2009 Date: 12/23/2009 Time: 09:00:00 AM Judicial Officer Presiding: Shelleyanne W L Chang Clerk: J. Hart Reporter/ERM: T. Goleno CSR# 10127 Bailiff/Court Attendant: …
Bruce Lisker v. City of Los Angeles et al, CA Complaint, wrongful conviction, 2009 Case 2:09-cv-09374-ODW-AJW Document 1 Filed 12/22/09 Page 1 of 28 Page ID #:1 Case 2:09-cv-09374-ODW-AJW Document 1 Filed 12/22/09 Page 2 of 28 Page ID #:2 Case 2:09-cv-09374-ODW-AJW Document 1 Filed 12/22/09 Page 3 of 28 …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
The Crisis of Juvenile Prison Rape: A New Report by by David Kaiser and Lovisa Stannow When Troy Erik Isaac was first imprisoned in California, his cellmate made the introductions for both of them. “He said to me, ‘Your name is gonna be Baby Romeo, and I’m Big Romeo.’ He …
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 …
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