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Article • August 15, 2008
Salinas (California) Police Harassment, False Arrest Suit Settles For $90,000 by San Mateo County (California) Superior Court staff Paralegal and youth football coach, Maurice Goodman, brought a § 1983 action for civil rights violations against the City of Salinas and police for being falsely arrested in 2005. The suit settled …
Article • August 15, 2008
San Diego Sheriff’s Employee Terminated for Marrying A Felon by San Diego (California) ex sheriff's department employee Arleshia Graham appealed mandamus denial by the Civil Service Commission (CSC) challenging her 2005 termination for marrying a felon. Her termination was affirmed. A long time employee and recently promoted processing supervisor, Graham …
Article • August 15, 2008
No Constitutional Right To Watch T.V. In California Jail by California State pro se prisoner Andrew Andersen appealed the dismissal of his § 1983 and state violation action. He alleged television access violations, subjection to a single religion and misuse of prisoner funds while detained in the Orange County Jail. …
Police Chief Subject to Discovery in Killing by Cop by The court cites law acknowledging the "need for controlling the use of subpoenas against high government officials," which usually requires a showing of "compelling need and extraordinary circumstances." The court questions whether a police chief is a "high government official," …
Okay for Prosecutor to Ask Defendant’s Daughter to Elicit Confession by The assistant district attorney arranged for a criminal defendant's daughter to visit his cell in the absence of his counsel and urge him to confess. The ADA could reasonably have believed that his conduct was not illegal, since prior …
$800,000 Awarded to Former California Guard for Racial Discrimination by Diane D. Epps, a former guard at a California Youth Authority (CYA) facility in Norwalk, settled her racial discrimination suit against the state for $800,000. She claimed she was denied promotions and was verbally abused by her supervisors. Epps was …
Article • August 15, 2008
CHP's Liability for Excessive Force May Depend on Plaintiff's Immigration Status by Pretrial motions in a California U.S. District Court were determined in 2006 concerning Jose Angel Martinez Romero's immigration status as it pertained to his § 1983 excessive force action against the California Highway Patrol (CHP). The CHP's motion …
California Rehabilitation Facilities Not Responsible for Escaped Residents’ Criminal Actions by California state residents Jasper Rice and Jennifer Asbury (plaintiffs) appealed the dismissal of their negligence action against Center Point, Inc. and Humbolt Recovery Center (defendants). Four of the defendant’s residents had escaped from the rehabilitation facility and stabbed the …
Article • August 15, 2008
CA Teacher Wrongly Arrested for Sexual Misconduct; Wins Nearly $4.5 Million by Patrick Gillan, a teacher and coach for the girls basketball team at a high school in San Marino, California, was arrested for sexual misconduct involving one of his players. The only evidence against him was the girl's inconsistent …
Brief • August 4, 2008
Heston v. City of Salinas, CA, Plf Mot for Attorney Fees, police taser death cardiac arrest, 2008 Case 5:05-cv-03658-JW Document 349 Filed 08/04/2008 Page 1 of 6 1 John Burton, State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 414 South Marengo Avenue Pasadena, California 91101 3 Telephone: …
Brief • July 25, 2008
Heston v. City of Salinas, CA, Def Mot for New trial, police taser death cardiac arrest, 2008 Case 5:05-cv-03658-JW 1 2 3 4 5 6 7 8 9 10 11 Document 336 Filed 07/25/2008 Page 1 of 28 Mildred K. O’Linn, Esq. (State Bar No. 159055) Timothy J. Kral, Esq. …
Indicted California Sheriff Resigns to Fight Federal Corruption Charges by Orange County, California Sheriff Michael Carona, 52, resigned his post on January 14, 2008 to fight corruption charges. As a result of his leaving office he became eligible to receive pro bono legal assistance from a Los Angeles-based law firm …
California DOC Federal Health Care Receiver Replaced by John Dannenberg by John E. Dannenberg Robert Sillen, the scrappy Receiver appointed by a U.S. District Court to fix California’s ailing prison healthcare system, was replaced on January 23, 2008 by J. Clark Kelso, former Chief Information Officer for Governor Arnold Schwarzenegger. …
Article • July 15, 2008 • from PLN July, 2008
California Juvenile Parolees Entitled to Two-Step Revocation Process by John Dannenberg by John E. Dannenberg The U.S. District Court for the Eastern District of California has held that the rights of California juvenile parolees were violated by the single-hearing revocation process used by the Juvenile Parole Board (JPB). Nevertheless, the …
California: Few Sex Predators Civilly Committed To Mental Hospitals, Despite Expanded Qualification Criteria by John Dannenberg by John E. Dannenberg Even though California widely expanded the potential pool of violent sex predator (SVP) prisoners who could be forced into mental hospitals after completing their criminal sentences, and despite spending $27 …
Article • July 15, 2008 • from PLN July, 2008
Filed under: Medical, Injury -- Misc.
Infected Hand Mistreatment At Sacramento County Jail Settled For $100,000 by The County of Sacramento, California settled a federal civil rights lawsuit brought against county jail staff for failure to properly treat the injured hand of a prisoner. While the $100,000 settlement was less than the prisoner’s $156,000 in medical …
California DOC Stipulates to Removal of Visitor X-Ray Ma-chines, but Damages Appeal Dismissed by John Dannenberg by John E. Dannenberg On November 20, 2007, the California Court of Appeal dismissed an appeal filed by a group of Lancaster State Prison visitors who sought damages for being subjected to Secure 1000 …
Ninth Circuit: Prisoner’s Eighth and Fourteenth Amendment Classification Claims Fail Sandin Test by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, applying the “atypical and significant hardship” test of Sandin v. Conner, 515 U.S. 472 (1995), affirmed a U.S. District Court’s (N.D. Cal.) ruling that …
Ninth Circuit: Vested Retirement Benefits May Be Garnished to Pay Criminal Fines by The Ninth Circuit U.S. Court of Appeals, sitting en banc, held that the federal Mandatory Victims Restitution Act of 1996 (MVRA) trumps the anti-alienation provisions of the Employee Retirement Income Security Act of 1974 (ERISA), so as …
Article • July 15, 2008
Deaf California Man Awarded $100,000 for False Arrest/Detention by A deaf California man who was detained for 22 hours because of his inability to understand and communicate with police officers was awarded $100,000. In January 1988, a deaf cabinetmaker, Mr. Jeno Koth, entered a Wells Fargo Bank to cash his …
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