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$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 …
Article • July 15, 2008
California Sheriff's Investigatory Materials Exempt From Production Under Public Records Act by The City of Los Angeles (City) petitioned for review of an appellate order to produce investigative records to Elgin Haynie regarding a traffic stop by a sheriff's deputy. The production ruling was reversed and the records were ruled …
Article • July 15, 2008
US Parole Restrictions on Computer Access Reversed by The Ninth Circuit Court of Appeals has vacated portions of a district court’s order of supervised release that it found were unnecessary deprivations. Between December 2002 and mid-January 2003, Thomas Sales used his scanner and printer to make counterfeit $20 bills. Following …
Article • July 15, 2008
California: Medical Marijuana Law at Odds with Jail, Prison Policies by John Dannenberg by John E. Dannenberg The California Court of Appeals has held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing medically-approved marijuana into a jail …
Article • July 15, 2008
Seven California Women Prisoners Settle Sexual Assault Suit for $160,000 by Seven women between 25 and 60 years old settled their sexual assault suit against California for $160,000. Plaintiffs were confined at the Avenal State Prison, near Fresno in 1989 and 1990. Avenal was a male prison and most of …
Article • July 15, 2008
Filed under: Police, False Arrest
$100,000 Settlement For Airline Employee's Retaliatory Arrest By California Sheriff's Deputy by Los Angeles International Airport (California) employee, James Jones, was arrested after stopping what appeared to be an unauthorized breech of security in 2003. An undercover deputy had allegedly shown Jones his identification. Jones filed a federal civil rights …
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