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Article • August 15, 2008
CA DOC Must Arbitrate Grievances with Guards by The California Correctional Peace Officers Association (the Union) represents prison guards in conditions-of-employment negotiations with the state Department of Personnel Association (the Department). Even though Government Code section 3529 provides that guards themselves can’t attend such negotiations, the Department agreed to allow …
Article • August 15, 2008
California Court's Award of Attorney Fees to Sheriff's Deputies Investigated for Raping Prisoners Upheld by Several unidentified deputies of the Sheriff Department of Riverside County, California sued the county for not providing them with lawyers while they were being investigated for sexual misconduct involving prisoners. They prevailed and the court …
California Sex Offender Registration not Constructive Custody for Habeas Purposes by David Stier, a physician and California state sex offender registrant, pled guilty to taking indecent liberties with a child in North Carolina in 2000. After Stier moved to California he completed a two-year probationary period ordered by the North …
Article • August 15, 2008
California Doesn’t Require Parole Board to Disclose Letters from Those Interested in Parole Applications by Fred Runyan, a private citizen, sued the California Parole Board (Board) in state court under Cal. Code § 1032, to compel disclosure of letters written voluntarily to the Board regarding parole applications. The trial court …
Article • August 15, 2008
Filed under: Sentencing, Parole
Parole Denied After 33 Years Based on California Prisoner's Original Crimes by California Corrections Secretary James Tilton appealed a Superior Court’s reversal of parole denial to state prisoner Paul Hyde. He argued that Hyde's violent robbery and murders in 1972 and 1973 constituted "some evidence" to support the denial of …
Article • August 15, 2008 • from PLN August, 2008
Los Angeles County Pays $40,000 Damages to Assaulted Prisoner Informant Witness by The County of Los Angeles, California paid $40,000 to a prisoner who was badly beaten in the county jail upon returning from court, by friends of the defendant he had just testified against in a murder trial. In …
Article • August 15, 2008 • from PLN August, 2008
Filed under: Medical, Hepatitis, Damages
Illinois Prisoners Win $8 Million for Failure to Treat Hep C by A federal jury has awarded four Illinois prisoners over $2 million apiece in a civil rights action filed against state prison officials for denying treatment for Hepatitis C (Hep C). In 2005, Edward J. Roe, Anthony P. Stasiak, …
Article • August 15, 2008 • from PLN August, 2008
Over $6 Million Awarded in Oakland, California Parolee’s False Arrest Suit by John Dannenberg by John E. Dannenberg A federal jury awarded $6,058,000 in damages to a parolee and his girlfriend for outrageous conduct by Oakland, California city police (OPD) when they broke into his residence, told him they had …
Article • August 15, 2008 • from PLN August, 2008
Floor-Sleeping at Los Angeles County Jail Ruled Unconstitutional by John Dannenberg by John E. Dannenberg On September 21, 2007, a California U.S. District Court granted summary judgment in favor of a class of prisoners who had been required to sleep on the floor of the Los Angeles County Jail (“Jail”) …
Article • August 15, 2008 • from PLN August, 2008
Three Suicide Suits At Sacramento, California Jail Settled For $1,000,000 by For a total of $1,000,000, California officials settled the wrongful death lawsuits stemming from three prisoner suicides in the Sacramento County jail. Sacramento County Sheriff John McGuiness averred that the agreement to settle should not be construed as evidence …
Article • August 15, 2008 • from PLN August, 2008
Authorities Listen in on Attorney-Client Calls at Jails in FL, CA and TX by David Reutter by David Reutter & Matt Clarke In December 2007, it was reported that an investigator at Florida’s Charlotte County Jail was caught listening to telephone conversations between a prisoner and his attorney. As a …
Article • August 15, 2008 • from PLN August, 2008
Court Clerk Fired for Relationship with Prisoner; Bar Complaint Against Federal Prosecutor Exposed Relationship by In August 2007, a deputy clerk at the Ninth Circuit Court of Appeals in San Francisco was fired after an investigation revealed she had a personal relationship with a prisoner who flooded the courts with …
Article • August 15, 2008
Ban on EFUs and Artificial Insemination for CA Lifers Upheld by California denies conjugal visits to persons sentenced to life without parole or to life without a parole date established by the parole board. The plaintiff is serving so much time that no parole date appears likely. The court declines …
Article • August 15, 2008
California Sex Offender Parolee’s Computer Restrictions Valid Where Computer Use was Related to Past Crimes by by John E. Dannenberg The California Court of Appeal has held that a “no-computers” condition of parole for a parolee convicted of lewd conduct with a minor was appropriate where the parolee had had …
Article • August 15, 2008
California Indian Prisoners Ordered To Practice Religion At Own Expense by California federal Indian prisoners brought a class action suit against the Federal Correctional Institution (FCI) at Lompoc in 1977 for the inability to access a sweat lodge the lodge was ordered built at the plaintiffs' expense. Terry Bear Ribs, …
Production Denial Of California Investigative Jailhouse Informant Misuse Documents Ordered Reviewed by Ex California State prisoner Thomas Goldstein sought review of an order denying him grand jury investigative evidentiary materials for use in his 42 U.S.C. § 1983 action for wrongful conviction. The materials had a direct relationship to his …
Article • August 15, 2008
California Public Interest In Peace Officers' Identity And Activities, Outweigh Statutory Exemption by The Los Angeles Times (Times) sought review of an appellate denial for the release of peace officer information under the California Public Records Act (Act). The disclosure was ordered pending a specificity determination by the Superior Court. …
Article • August 15, 2008
Federal Employees Cannot Be Subpoenaed for Private Litigation by The district court did not abuse its discretion in quashing a deposition subpoena for a Fish and Wildlife Service biologist, consistently with the FWS's policy of not letting its biologists testify in private litigation, since they were already overworked and the …
City Liable for Retaliation Against Cop Whistleblower and Code of Silence by The plaintiff police officer reported misconduct by other officers that resulted in their suspension. At 943: "Blair had the right under the First Amendment to inform his superiors of misconduct in the police department." He was then subjected …
Article • August 15, 2008
San Leandro (California) Police Taser, Choke Man To Death; $395K Settlement by A San Leandro (California) family (plaintiffs) brought suit against the city and it's police after the tasing and choking of Jose Perez, Jr., in 2005 resulting in his death. The suit settled on May 24, 2007 without admission …
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