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Article • August 15, 2008
California Cops' Internal Affairs Investigation Records Exempt from Disclosure under State PRA by The Press-Enterprise (newspaper) sued the city of Hemet, California in state court under the state Public Records Act (PRA), Cal. Gov't Code § 6250 et seq to compel disclosure of records pertaining to a police internal affairs …
Article • August 15, 2008
California Cop's Termination Papers Exempt from Disclosure under State PRA by The Copely Press sued the San Diego County Civil Service Commission (Commission) in state court under the state Public Records Act (PRA) Gov. Code § 6250 et seq to compel disclosure of documents pertaining to a cop's termination. The …
Article • August 15, 2008
California PRA Doesn't Require Disclosure of Cops' Personnel Files by Freedom Newspapers (newspaper) sued in state court under the state Public Records Act (PRA), Cal. Gov't Code § 3250 at seq, to compel the San Bernardino County Sheriff (Sheriff) to disclose the personnel files of two deputies who were disciplined …
California PRA Requires Disclosure of the Names of Cops Who Shot Civilian by The Santa Barbara News-Press (newspaper), a subsidiary of the New York Times Co., sued the county sheriff (Sheriff) in state court under the state Public Records Act (PRA), Cal. Gov't Code § 6250 et seq, to compel …
California Prison Gang Information Ruled Confidential by Arturo Losoya and Robert Aguirre, California state prisoners, sought discovery in their state court criminal trials of investigatory security files on gang activity. The trial court ordered prison officials to produce the information, and the Department of Corrections (DOC) appealed. On appeal: the …
Article • August 15, 2008
California Requires Disclosure of Transcript of Cop's Disciplinary Hearing by Patrick Bradshaw, a Los Angeles, (LA) California cop, sued LA in state court for violating his privacy rights when his supervisors released a copy of his disciplinary hearing transcript to the media. The trial court dismissed, finding that no statutory …
Article • August 15, 2008
California Sheriffs Entitled to Sovereign Immunity by The California Supreme Court has held that a sheriffs act on behalf of the state when performing law enforcement activities, which makes them absolutely immune from tort liability under 42 U.S.C. §1983 action. That rationale comes because the Court found that California sheriffs …
Deported Plaintiff Can Be Deposed Telephonically, Dismissal Denied by The plaintiff sued under the Federal Tort Claims Act alleging that INS agents beat him up. He was subsequently deported and forbidden to return to the United States. The government moved to dismiss on the ground that he didn't show up …
Ninth Circuit Explains Limitations on Police Beating, Prosecution Claims by The plaintiff's malicious prosecution claim did not accrue until his criminal charges were resolved favorably, and the limitations period did not begin to run until then. The statute began to run on his use of force claim at the time …
Article • August 15, 2008
DNA Collection Statute’s Retroactive Application to Violate Federal Prisoner’s Parole Upheld by On July 23, 1998, John Reynard robbed a branch of the Bank of America in San Diego, California. On December 21, 1998 he was sentenced to thirty months in federal prison. In November of 2000 he was paroled …
Article • August 15, 2008
California Habeas Corpus Grant that Excluded “Show Cause Order” Reversed for Procedural Inadequacy by The State of California appealed a 2006 court order directing the Board of Prison Terms (Board) to reduce a prisoner's sentence and adjust her release date according to pre amended statutory sentencing provisions. The court order …
Article • August 15, 2008
Jail Phone Wiretapping Exempt from California Invasion of Privacy Act, FCA by California state prisoner David Windham appealed the refusal of a court to suppress jail telephone recordings used in obtaining his conviction. The appellate court affirmed the judgment due to statutory allowances, and because Windham’s consent was implied as …
Article • August 15, 2008
California Jury Instruction in Sexually Violent Predator Trial Affirmed by George Whaley, a California state prisoner, was civilly committed under the state Sexually Violent Predator Act (SVPA). At a trial to extend his commitment for two years, the jury was deadlocked. The judge suggested that they role play, with the …
Article • August 15, 2008
California Prisoner Wrongly Jailed for 14 Years Denied Compensation by John Tennison, a California state prisoner, was sent to prison for a 1989 murder. After nearly 14 years his conviction was vacated with a finding of factual innocence. He sued for compensation under a state law providing an award of …
Article • August 15, 2008
California Prisoner's Small Claims Judgment not Appealable by Michael Lane, a California state prisoner, sued the state Department of Corrections (DOC) in small claims court to recover $797.60 he had been charged for vacated restitution orders. The small claims court ruled in his favor for that amount but dismissed a …
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 …
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