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Article • December 15, 2007
Bail Enhancement Not Excessive When Fulfilling Particular Purpose; Hearing Must Be Held by California attorney Jeffrey Galen's 2001 release from jail after being arrested for domestic violence surprised authorities, as he made an enhanced bail of $1 million. His fiancee dropped the charges when he was released. In 2002 Galen …
Article • December 15, 2007
Filed under: Police Misconduct, Media
California Statute Banning Police Defamation Unconstitutional by California has a statute establishing that most publications and broadcasts arising out of official government duties and proceedings are privileged, and therefore cannot be the subject of a defamation action--except that there is an exception permitting suits based on citizens' complaints about police …
Article • December 15, 2007
Filed under: Mental Health, Suicides
Attempted Hanging Suit Settled for $1.5 Million by California Jail by A California prisoner was paid $1.5 million to settle a suit for injuries incurred when he attempted to hang himself. Mr. Davey was a 21-year-old prisoner when he attempted to hang himself with a bed sheet in a California …
Article • December 15, 2007
Filed under: Medical, Blood
Inadequate Anemia Treatment Nets California Jail Prisoner $65,000 Settlement by A California man was paid $65,000 to settle a suit related to a jail's failure to properly diagnose and treat his anemia and emotional distress. Mr. Elias was a prisoner of an Orange County, California, jail who suffered anemia and …
Article • December 15, 2007
California Supreme Court Ignores Statutory Language to Reduce Lifers' "Expectation" of Parole to Only a "Hope" by In a 4-3 decision, the California Supreme Court interpreted California's lifer parole statute (Penal Code § 3041) so as to ignore the Legislature's mandate to "normally set a parole release date" at the …
California Fair Employment and Housing Act Claim Analyzed by California's First District Court of Appeals has reversed a finding of workplace retaliation and expanded upon the elements of a claim under the California Fair Employment and Housing Act (FEHA). This action was initiated by Dr. Margie McRae, who alleged discrimination …
Article • December 15, 2007
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 • December 15, 2007
California Prisoner Who Broke Already Damaged Jail Cell Door is Not Liable for Full Cost of Replacement by The California Court of Appeal, District 5, reversed a Kings County, California felony conviction of a county jail prisoner for intentionally damaging jail property worth more than $400 (Penal Code § 4600), …
Article • December 15, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
California Prison Chaplain’s Sexual Harassment of Female Employee Yields $439,000 Jury Verdict by California Prison Chaplain's Sexual Harassment of Female Employee Yields $439,000 Jury Verdict A California prison employee who was sexually harassed by a Muslim chaplain was awarded $439,000. Sallie Mae Bradley was a temporary social worker at Corcoran …
Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
Article • November 15, 2007 • from PLN November, 2007
California’s Prison Drug Procurements Separate from Other State Agencies by California's Prison Drug Procurements Separate from Other State Agencies California State Auditor Elaine M. Howle issued a June 2007 report to follow-up on her past recommendation to implement bulk procurement cost-savings in the state's contracts for pharmaceuticals. Since 70% of …
California DOC Federal Healthcare Receiver Issues Master Remedial Plan by John Dannenberg by John E. Dannenberg "Good care is less costly than bad care." This maxim, from prison healthcare Receiver Robert Sillen, set the tone when he announced his master plan on May 10, 2007 to constitutionally repair the California …
California Inspector General: $1 Billion In DOC Drug Treatment Program “A Complete Waste Of Money” by Marvin Mentor California Inspector General: $1 Billion In DOC Drug Treatment Program "A Complete Waste Of Money" by Marvin Mentor California's Inspector General Matthew Cate issued a scathing 52-page report in February 2007 which …
Inadequate Medical Care Alleged at Alameda County, CA Jail – Four Prisoners Dead by Inadequate Medical Care Alleged at Alameda County, CA Jail - Four Prisoners Dead Family members of prisoners who became sick or died at the Santa Rita jail in Alameda County, California have alleged inadequate health care …
Corruption in Awarding California DOC Medical Contract Exposed by Marvin Mentor More details have surfaced in a conflict-of-interest scandal involving two California gubernatorial appointees involved in a $26 million no-bid contract awarded by the California Department of Corrections and Rehabilitation (CDCR) for medical scheduling services. PLN previously reported that the …
Article • November 15, 2007 • from PLN November, 2007
State Auditor Flunks California DOC For Failure To Make Prison Population Projections by Marvin Mentor In a March 2007 Letter Report to California's Governor and Legislature, State Auditor Elaine Howell reported that the California Department of Corrections and Rehabilitation (CDCR) had failed to make meaningful progress in devising accurate prisoner …
California DOC Guards Win Injunction to Stop Prisoner Transfers Out-Of-State; Transfers Continue While State Appeals by The Superior Court of Sacramento County has granted a writ of mandate prohibiting the transfer of California Department of Corrections and Rehabilitation (CDCR) prisoners to out-of-state facilities to alleviate the prison system's chronic overcrowding …
Article • November 15, 2007 • from PLN November, 2007
California DOC Pays PLN’s Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John Dannenberg California DOC Pays PLN's Attorneys $320,000 In Fees/Costs Related To Mail Censorship Settlement by John E. Dannenberg In June, 2007, the California Department of Corrections and Rehabilitation (CDCR) and Prison Legal News (PLN) stipulated …
Article • November 15, 2007 • from PLN November, 2007
California DOC Contract Registry Pharmacist Accused of Diverting 93% of Referrals to His Own Corporation by California's State Auditor has found that a pharmacist, who was contracted by three state prisons to select other pharmacists from a state-approved registry to perform services at the facilities, directed 93% of such referrals …
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