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Article • September 15, 2009
Filed under: Police, False Arrest
Ninth Circuit Issues Mixed Opinion in False Arrest Case by On November 13, 2008, the Ninth Circuit U.S. Court of Appeals filed an amended opinion in a case argued by Nelson, E. Brestoff of Moskowitz, Brestoff, Winston, & Blinder, LLP, of Valencia, California on February 12, 2008. The case involved …
Brief • September 11, 2009
Schwarzenegger v Coleman, OrderDenyingStay,Prison Pop 2009 (ORDER LIST: 557 U.S.) FRIDAY, SEPTEMBER 11, 2009 ORDER IN PENDING CASE 09A234 SCHWARZENEGGER, GOV. OF CA, ET AL. V. COLEMAN, RALPH, ET AL. The application for stay presented to Justice Kennedy and by him referred to the Court is denied. In denying the …
Brief • August 20, 2009
Prison Legal News v. City and County of San Francisco, CA, Complaint, Public Records Request, 2009 1 SANFORD JAY ROSEN - 062566 KENNETH M. WALCZAK - 247389 2 ELIZABETH H. ENG - 239265 3 ROSEN, BIEN & GALVAN, LLP 3 15 Montgomery Street, 10th Floor 4 San Francisco, California 94104-1823 …
Article • August 15, 2009 • from PLN August, 2009
Motions to Oust California Prison System’s Federal Healthcare Receiver Denied by John Dannenberg by John E. Dannenberg On March 24, 2009, motions by the California Department of Corrections and Rehabilitation (CDCR) to terminate the Receivership now operating the state’s prison healthcare system under a longstanding federal lawsuit were denied by …
$1,423,127 in Attorney Fees Awarded in Taser Suit; Damages Reduced by A California federal district court has awarded $1,423,127 in attorney fees in the first lawsuit to result in a verdict against TASER International for failing to warn purchasers its electronic control devices pose a risk of acidosis, to a …
Ninth Circuit: Orange County Jail Violated Ad Seg Prisoners’ ADA, Religious and Exercise Rights by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that restrictions on prisoners in administrative segregation (ad seg) at the jail in Orange County, California, related to exercise and group …
Article • August 15, 2009 • from PLN August, 2009
Filed under: Excessive Force, Restraints
$2.1 Million Award in California Prisoner’s Choking Death by A California federal jury has awarded the estate of a prisoner who was choked to death by prison guards $2.1 million. Prisoner Johnny Young, who was mentally ill, died on December 30, 2004, while being restrained by guards at the Richard …
Judge Not: Judges Benched for Personal Misconduct by by Gary Hunter & Alex Friedmann They decide hot-button topics ranging from abortion and racial discrimination to religious freedoms and contested elections. They can put you in prison or vindicate your civil rights. They can even sentence you to death. Who am …
Brief • August 4, 2009
Coleman v. Schwarzenegger, CA, Opinion and Order, Prison Conditions, 2009 1 IN THE UNITED STATES DISTRICT COURTS 2 FOR THE EASTERN DISTRICT OF CALIFORNIA 3 AND THE NORTHERN DISTRICT OF CALIFORNIA 4 UNITED STATES DISTRICT COURT COMPOSED OF THREE JUDGES 5 PURSUANT TO SECTION 2284, TITLE 28 UNITED STATES CODE …
Brief • August 1, 2009
Jackson et al v. City of Pittsburg, CA, Plf Requests for PoD to Def, disclosure of internal police records, 2009 1 2 3 4 5 6 LAW OFFICES OF PANOS LAGOS Panos Lagos, Esq. / SBN 61821 5032 Woodminster Lane Oakland, CA 94602 (510)530-4078 (510)530-4725/FAX panoslagos@aol.com Attorney for Plaintiffs, FREDERICK …
Article • July 15, 2009 • from PLN July, 2009
Prisoner’s Right to Mail Announcement of Peaceful Demon-stration Trumps Purported Prison Security Claims by Marvin Mentor On October 21, 2008, the U.S. District Court for the Eastern District of California upheld a state prisoner’s First Amendment right to send mail after his letters to several media agencies were blocked by …
Article • July 15, 2009
California Court of Appeal Holds 2006 Amendments Sexually Violent Predator Statute Not Retroactive by .The California Court of Appeal held that the 2006 amendment to the Sexually Violent Predator Act (SVPA) and Proposition 83 that same year may not be applied retroactively. George Whaley was originally civilly committed under the …
Article • July 15, 2009
California Governor Entitled to Absolute Immunity for Erroneous Review for Prisoner’s Parole Eligibility by Former California Governor Gray Davis is entitled to absolute quasi-judicial immunity for his actions related to the erroneous review of a parole board’s grant of parole, the Ninth Circuit held on April 2, 2008. Donald Miller …
Article • July 15, 2009 • from PLN July, 2009
PLN Files Suit Against Los Angeles County for Failure to Comply with Public Records Act by As part of ongoing research, PLN submitted a public records request to the Los Angeles County Sheriff’s Department on January 29, 2008, seeking records related to settlements and verdicts resulting from tort, overdetention and …
Former California DOC Worker Kept Confidential Prison Gang Files at Home by A former typist for the California Dept. of Corrections and Rehabilitation (CDCR) was convicted of having confidential prison gang files in her Sacramento home. The files also included the names and social security numbers of 5,500 state employees. …
California Jury Awards Deaf Prisoner $5,000 for Failure to Provide Interpreter; $193,582 in Fees Awarded by Court by A state court jury has awarded $5,000 to a deaf prisoner against the County of Los Angeles for failing to provide him with a sign language interpreter while he was in jail. …
Article • July 15, 2009 • from PLN July, 2009
California: Waiver of Private Psychotherapist-Patient Privilege an Unreasonable Condition of Parole by The California Court of Appeal (2nd District) agreed with a superior court that it was unreasonable for a parole officer to insist that a parolee must, as a condition of parole, waive his confidential privacy privilege with his …
Marin County Agrees to Pay $300,000 to Prisoner Severely Injured After Being Denied Psych Meds by On September 13, 2006, the County of Marin, California agreed to settle a lawsuit brought by a former Marin County prisoner who severely injured himself after being denied psychiatric medications. Jacob Neitzel had a …
Article • July 15, 2009
Prison Officials Entitled to Make Medical Decisions for Delusional Prisoner by California’s Fifth Appellate District has held that a court’s decision to grant prison administrators authorization to consent to medical treatment on a prisoner’s behalf was proper. The decision to grant a prison doctor’s petition under Probate Code section 3201 …
Article • July 15, 2009
Citizens May Sue Government Under Section 526a to Enforce California Public Records Act by California’s Sixth District Court of Appeals has held that while California’s Public Records Act (CPRA) has a limited judicial remedy of determining whether a particular record or class of records must be disclosed, the purpose of …
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