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Los Angeles County Settles Suit Alleging Wrongful Arrest and Excessive Force Resulting in Death for $475,000 by The County of Los Angeles has agreed to pay $475,000 to the estate of a man who died after being placed in the Total Appendage Restraint Procedure (TARP). The man, Devin Eichenlaub, was …
Los Angeles County Settles Wrongful Arrest and Excessive Force Suit for $195,000 by The County of Los Angeles has agreed to pay $195,000 to settle a lawsuit alleging four men were unlawfully arrested, with one alleging excessive force. On July 17, 2007, Los Angeles County Sheriff’s deputies responded to a …
Los Angeles County Sheriff Recommends $40,000 Settlement for Wheelchair Access Claim by The County Attorney for the Los Angeles Sheriff’s Department recommended that a claim filed by Daniel Lopez pursuant to the Americans with Disabilities Act (ADA), a wheelchair bound paraplegic, for injuries sustained while attempting to be pulled up …
Article • July 15, 2009
Lay Opinion Testimony of Guard that Prisoner was Attempting to Throw Other Guard Over Railing Admissible by On April 30, 2008, the California Court of Appeals for the Fifth District affirmed the conviction of a California prisoner for assault with malice aforethought on a guard. Michael Gaddy was charged with …
Marsden Hearing Required When Defendant Puts Forward Plausible Ineffective Assistance of Counsel Claim by On April 11, 2008, the Court of Appeal of the State of California, Fifth District, remanded a criminal case for a hearing to determine whether an attorney was ineffective for failing to call two witnesses in …
Court Rejects Claims by Chaplains Duped Into Working for Free by A California court has rejected a suit by a group of chaplains who alleged that they were not paid overtime for their work in excess of eight hours a day and/or 40 hours a week. The chaplains sued Santa …
Article • July 15, 2009
Denial of Application to Proceed In Forma Pauperis Constitutes a “Strike” Under PLRA by A denial of leave to proceed in forma pauperis (IFP) constitutes a “strike” under the Prison Litigation Reform Act’s (PLRA) IFP provisions, the Ninth Circuit held July 14, 2008. Louis O’Neal brought suit against a California …
Brief • July 7, 2009
Filed under: Medical, Failure to Treat
Silva, et al. v. County of Los Angeles, CA, Settlement, MRSA, Amputation, 2009 COUNTY OF LOS ANGELES OFFICE OF THE COUNTY COUNSEL 648 KENNETH HAHN HALL OF ADMINISTRATION 500 WEST TEMPLE STREET LOS ANGELES, CALIFORNIA 90012-2713 TELEPHONE (213) 974-1838 FACSIMILE ROBERT E. KALUNIAN Acting County Counsel May 7, 2009 (213) …
California Prosecutors, Parole Board, State Agencies Entitled to Absolute Immunity in Parole Decisions by The Ninth Circuit Court of Appeal has held that prosecutors, parole board members and state agencies are entitled to absolute immunity for participating in or making parole decisions. The Court’s ruling comes in the case of …
California Chaplains Lose Appeal in Compensation/Fraud Case by On June 5, 2008, a California appeals court affirmed a superior court ruling sustaining the demurrer in an action brought against Alameda County, California by three jail chaplains and Community Chaplains, Inc. (Appellants). Appellants' case alleged state law violations on the part …
Article • June 15, 2009
California Prison Guards' Dishonesty During Investigation Not Protected By Statute Of Limitations by The California Court of Appeal held that where California Department of Corrections and Rehabilitation (CDCR) prison guards and staff were timely charged with lying during an investigation relating to on-the-job misconduct, but their Notices of Adverse Action …
Article • June 15, 2009
California Prisoner's Court-Ordered Release Reversed on Appeal by On October 5, 2006, after serving more than 21 years on a sentence of 15 years to life for second degree murder, California prisoner Garabet Tokhmanian was deemed suitable for parole by the parole consideration panel (the panel). Pursuant to California law, …
Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John Dannenberg Ninth Circuit: California Federal Habeas Petitioner Sufficiently Exhausts State Court Remedies When He Presents Facts Necessary to Support Constitutional Claim by John E. Dannenberg A California state …
Article • June 15, 2009 • from PLN June, 2009
California DOC Closes Prisoner Work/Restitution Center by California DOC Closes Prisoner Work/Restitution Center The California Department of Corrections and Rehabilitation (CDCR) has closed an innovative program that placed nonviolent prisoners in a community work-release center so they could earn money to pay restitution to their victims. Although the closure was …
California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter California DA Says Incarceration Rate a Measure of His Success – Despite Wrongful Convictions, Prosecutorial Misconduct by Gary Hunter Ed Jagels, District Attorney for Kern County, California, is concerned that his …
Article • June 15, 2009 • from PLN June, 2009
Alameda County, CA Settles Juvenile Detainee Strip Search Suit for $4.3 Million by John Dannenberg Alameda County, CA Settles Juvenile Detainee Strip Search Suit for $4.3 Million by John E. Dannenberg In July 2008, Alameda County, California settled a class-action civil rights suit brought by former juvenile detainees of the …
Article • June 15, 2009 • from PLN June, 2009
California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John Dannenberg California Prison’s Drinking Water Cited for Excessive Arsenic Levels by John E. Dannenberg Whenever prisoners at California’s Kern Valley State Prison (KVSP) watch the classic 1944 movie Arsenic and Old Lace, they have to swallow hard. That’s because …
Article • June 15, 2009 • from PLN June, 2009
California Lifers Housed Out-Of-State in Federal Witness Protection Program Entitled to Appear in Person at Parole Hearings by John Dannenberg by John E. Dannenberg The California Court of Appeal (Third District) held that California prisoners sentenced to life with the possibility of parole, who are housed in out-of-state facilities in …
Ninth Circuit: County Contractor that Counsels Bad-Check Writers Not Entitled to State Sovereign Immunity from Suit by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has ruled that a private firm hired by a California county to run a diversion program for bad-check writers was …
Sexual Abuse by Prison and Jail Staff Proves Persistent, Pandemic by Gary Hunter Sexual assault, rape, indecency, deviance. These terms represent reprehensible behavior in our society. They also represent recurring themes in our nation’s prisons – not only by prisoners, but also by guards and other staff members. PLN’s August …
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