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Article • October 15, 2009
Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% by Where Prisoner Prevailed on One of Four § 1983 Claims, Attorney Fees Reduced by 75% Where a state prisoner sued the California Department of Corrections and Rehabilitation (CDCR) in pro per under 42 U.S.C. …
Article • October 15, 2009
California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies by California Court Explains Interaction Between Prison Administrative Appeal, State Tort Claim, Notice of Suit and 42 U.S.C. § 1983 Remedies In an unpublished opinion, the California Court of Appeal …
California Prison Guard’s First Amendment Rights Upheld in Job-Related Retaliation Complaint by The U.S. District Court for the Northern District of California upheld a prison guard’s complaints in a Title VII job action claiming that prison officials retaliated against her in violation of her First Amendment rights, and the Ninth …
Article • October 15, 2009
Filed under: Police, False Arrest
$550,000 Settlement in California False Arrest by The County of Los Angeles has paid $550,000 to settle the false arrest claim of Darryl Titus. He was arrested on February 9, 2005, on a felony charge of vandalism. The charge stemmed from a January 29, 2004, report by the owner of …
Article • October 15, 2009 • from PLN October, 2009
“Habeas Hints” by Kent A. Russell by Kent Russell This column provides “habeas hints” to prisoners who are considering or handling habeas corpus petitions as their own attorneys (“in pro per”). The focus of the column is on habeas corpus under AEDPA, the 1996 habeas corpus law which now governs …
Article • October 15, 2009 • from PLN October, 2009
Filed under: International, Immigration
Southern California Jails Addicted to ICE Money by Matthew Clarke by Matt Clarke Faced with budget cuts due to the down economy, jails across Southern California have turned to a new revenue stream – immigration detention. The federal government paid over $55 million to house immigrant detainees in California jails …
CA Prison Medical Care Receiver: Three Top Officials Ousted, Controversial Building Plan Opposed by Matthew Clarke by Matt Clarke On March 12, 2009, J. Clark Kelso, California’s federal court-appointed receiver over prison medical care, demanded the resignations of his chief of staff, John Hagar; Stephen Weston, Hagar’s assistant; and medical …
Article • October 15, 2009 • from PLN October, 2009
California Sheriffs Appropriate Rehabilitation Funds for Security Needs by Michael Brodheim As California’s budget crisis deepens, local law enforcement agencies are looking for creative ways to cover shortfalls in their budgets. Increasingly, county sheriffs are raiding funds intended by the Legislature to be expended “primarily for the benefit, education and …
Article • October 15, 2009 • from PLN October, 2009
Sacramento County Jail Settles Excessive Force Suit For $260,000 by Sacramento County Jail Settles Excessive Force Suit for $260,000 On April 20, 2009, Sacramento County agreed to settle an excessive force suit brought by a former prisoner at the Sacramento Main Jail (SMJ) for $260,000. On December 1, 2005, Donald …
Article • October 15, 2009 • from PLN October, 2009
PLN Files Public Records Suit Against San Francisco County, Sheriff’s Office by On August 20, 2009, Prison Legal News filed suit in Superior Court against the City and County of San Francisco, the San Francisco Sheriff’s Department, Sheriff Michael Hennessey and City Attorney Dennis Herrera. The lawsuit alleges that the …
$6 Million Settlement in Beating Death of California Detainee by California’s Kern County agreed to pay $6 million to settle a lawsuit in the beating death of a pre-trial detainee at the county’s jail. The August 15, 2005, incident involved “as many as 14 detention officers [who] … beat, hit, …
Article • October 15, 2009 • from PLN October, 2009
Los Angeles County Agrees to Pay $7,000,000 to Beaten Juvenile Prisoner by On March 27, 2009, Los Angeles County agreed to pay $7,000,000 to a youth that was severely beaten at the Barry J. Nidorf Juvenile Hall (Nidorf) in Sylmar, California after the youth was pressured, but refused, to join …
Article • October 15, 2009 • from PLN October, 2009
Filed under: Medical, Medical Expenses
California: City Liable for $237,000 Hospital Bill for Prisoner’s Medical Care by On May 22, 2003, indigent prisoner Kenneth Lee Denham was arrested and detained by Oakland police officers at the city jail. He was later taken to the county jail, but the county refused to accept him because he …
Article • October 15, 2009 • from PLN October, 2009
Oakland, CA Police Policy of In-Field Public Strip Searches Without Arrest or Warrant Found Unconstitutional by The U.S. District Court for the Northern District of California held on March 27, 2008 that the Oakland Police Department’s (OPD) policy permitting non-medical strip searches of detainees in the field, conducted in public …
Article • October 15, 2009 • from PLN October, 2009
Filed under: Reviews, Sentencing, Parole
Audit Finds California Parolees Sometimes Slip Through Bureaucratic Cracks by At the request of the legislature, the Bureau of State Audits examined the adult parole discharge practices of the California Department of Corrections and Rehabilitation and found that parolees, even those regarded as violent or serious offenders, occasionally slip through …
LA Agrees To Pay $12,550,000 To Settle Police Brutality Suit by The City of Los Angeles has agreed to pay $12,550,000 to settle a class action suit brought by protesters who were injured and intimidated by the LAPD during a May 1, 2007, march protesting the treatment of immigrants and …
Article • October 15, 2009
PLRA’s Frivolous Litigator IFP Cap Trumped by “Imminent Danger” Claim by The Ninth Circuit U.S. Court of Appeals has held that a prisoner who alleged as one of his claims in a 42 U.S.C. § 1983 complaint that he was in “imminent danger of serious physical injury,” but who qualified …
Brief • September 25, 2009
Filed under: Stun Guns/Tasers
Rosa v Taser Intl Ca Gary Vilke Declaration Taser Death 2009 Case5:05-cv-03577-JF Document214-57 Filed09/25/09 Page1 of 40 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EVELYN ROSA AND ROBERT ROSA, individually and as the personal representatives of MICHAEL ROBERT ROSA, deceased, Plaintiff vs. TASER International, Inc, C-05-03577 JFIHRL …
Brief • September 23, 2009
Beecham v. City of West Sacramento, CA, Plf Opp Def Motion, Police Excessive Force Gun False Arrest Strip Search, 2009 1 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 …
Beecham v. City of West Sacremento, CA, Motion, Reasonable Attorney's Fees and Expenses, 2009 1 4 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 505 Seventeenth Street Oakland, California 94612 Telephone: (510) 452-5500 Fax: (510) 452-5510 5 Attorneys for Plaintiffs 6 RICHARD …
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