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Garcia v. Los Angeles County Sheriff's Department, class action complaint, jail special education services, 2009 Case 2:09-cv-08943-DMG-SH Document 1 Filed 12/04/09 Page 1 of 110 Page ID #:1 Case 2:09-cv-08943-DMG-SH Document 1 Filed 12/04/09 Page 2 of 110 Page ID #:2 Case 2:09-cv-08943-DMG-SH Document 1 Filed 12/04/09 Page 3 of …
Article • November 15, 2009 • from PLN November, 2009
$395,000 Settlement in Los Angeles Jail Prisoner’s Lung Infection Death by The Los Angeles County Sheriff’s Office paid $395,000 to settle a lawsuit claiming it provided inadequate medical treatment to a prisoner, causing his death. The claim was brought by the estate of Michael Buford. When Buford, 32, was arrested …
Article • November 15, 2009 • from PLN November, 2009
$170,000 in Settlements to Sacramento Jail Prisoner Sexually Abused by Guards by California’s Sacramento County has paid $160,000 to settle a claim that a guard raped a prisoner. The settlement is in addition to a $10,000 payment out of personal funds paid by another guard for kissing the prisoner. The …
Article • November 15, 2009 • from PLN November, 2009
California Budget Cuts Lead to Closure of Two Parolee Residential Centers by In a questionable effort to save money, the State of California has closed two parolee residential centers in Los Angeles and returned the 74 non-violent offenders housed at those facilities back to prison. Scott Kernan, undersecretary of the …
Article • November 15, 2009 • from PLN November, 2009
Divided Ninth Circuit Holds Prison Officials Entitled to Qualified Immunity for Prolonged Deprivation of Outdoor Exercise by A divided Ninth Circuit Court of Appeals held that California prison officials were entitled to qualified immunity for denying outdoor exercise to prisoners during extended lockdowns, when the lockdowns were precipitated by assaults …
Article • November 15, 2009 • from PLN November, 2009
California Death Row Court Monitoring Discontinued by Michael Brodheim Almost thirty years after it began, federal court supervision over conditions at San Quentin’s death row – the nation’s largest, now housing 685 condemned prisoners – came to an end in April 2009. A group of death-sentenced prisoners filed suit in …
Article • November 15, 2009 • from PLN November, 2009
Medical Care Mismanaged at Orange County, California Jail by Michael Brodheim A $36 million program designed to provide medical care to jail prisoners in Orange County, California is severely mismanaged, according to an internal performance audit. The audit found that the county Health Care Agency (HCA), which administers the jail’s …
Article • November 15, 2009 • from PLN November, 2009
California’s Lethal Injection Protocol Invalidated for Failure to Comply with APA by Michael Brodheim Sustaining a legal challenge filed by prisoners Michael A. Morales and Mitchell Sims, both on death row, the California Court of Appeal has held that the state’s lethal injection protocol, contained in San Quentin’s Operational Procedure …
Article • November 15, 2009 • from PLN November, 2009
Filed under: Sentencing, Parole
Terms of Parole Injunction Supersede Conflicting Provisions of California Voter Initiative by Michael Brodheim In the latest chapter of a 15-year-old class-action lawsuit, a U.S. District Court held that the passage of Proposition 9 by California voters on November 4, 2008 could not override a stipulated permanent injunction entered four …
Article • November 15, 2009 • from PLN November, 2009
Orange County Sheriff Sentenced to 5½ Years in Prison by Gary Hunter Orange County Sheriff Sentenced to 5½ Years in Prison by Gary Hunter “I need a sheriff I can trust. Lying will not be tolerated in this courtroom, especially by the county’s highest-ranking law enforcement officer.” That was what …
Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does Not Bar Admission of Evidence by John Dannenberg Ninth Circuit: “Three Strike” Conviction Does Not Allow Use of Old Offenses for Impeachment Purposes in § 1983 Suit; Heck Does …
Brief • November 14, 2009
Sarmiento v. County of Orange, CA, Reporter's Transcipt of Jury Trial, 2009 Case 8:06-cv-00586-DOC-AN Document 291 Filed 11/14/2009 Page 1 of 124 SACV 06-0586 DOC - 2/13/2009 - Day 4, Volume I 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 HONORABLE DAVID O. CARTER, JUDGE PRESIDING …
Brief • November 14, 2009
Sarmiento v. County of Orange, CA, Deposition - Cope, February 13, 2009 Case 8:06-cv-00586-DOC-AN Document 291 Filed 11/14/2009 Page 1 of 124 SACV 06-0586 DOC - 2/13/2009 - Day 4, Volume I 1 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 HONORABLE DAVID O. CARTER, JUDGE PRESIDING …
Armstrong v Schwarzenegger, CA, Plf Enforcement Order, deaf disabled prisoner ad seg, 2009 Case4:94-cv-02307-CW Document1661 Filed10/20/09 Page1 of 5 1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court For the Northern District of California …
Article • October 15, 2009
Attorney Fees Measured by Degree of Success Need Not be Tethered to Damage Award by The California Court of Appeal held in a Los Angeles County Jail overdetention and jail-rape civil rights case that when a $25,000 damage award for the overdetention claim survived appeal, but the $1 million award …
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 …
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