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Article • March 15, 2008 • from PLN March, 2008
California DOC and Joint-Venture Contractor Owe Over $1.8 Million in Attorney Fees for Protracted Suit Granting Prison Workers Prevailing Wage by John Dannenberg by John E. Dannenberg The California Court of Appeal, 4th District, has upheld the San Diego Superior Court’s award of $1,257,258.60 in attorney fees incurred during drawn-out …
Article • February 15, 2008 • from PLN February, 2008
PLN Sues CDCR Over Failure to Produce Public Records by On December 17, 2007, Prison Legal News filed suit against the California Dept. of Corrections and Rehabilitation (CDCR) after the department failed to respond to PLN?s public records request seeking the CDCR?s payouts in prison-related settlements, claims, verdicts and judgments. …
Los Angeles Settles County Jail Murder Suit For $1 Million by John Dannenberg by John E. Dannenberg On August 14, 2007, Los Angeles County settled a lawsuit brought by the family of a mentally ill prisoner who was stomped to death in a holding cell by two prisoners, while guards …
Article • February 15, 2008 • from PLN February, 2008
"Let Freedom Ring" -- Cellphones Abound In California Prisons by Over 1,000 cellphones and Blackberrys were confiscated in California's 33 prisons in the past year. While such contraband was at a trickle seven years ago, the technology has reduced the size of these items to permit a veritable flood today …
Article • February 15, 2008 • from PLN February, 2008
Privately Run Seal Beach, California Jail Closed Following Checkered Past by John Dannenberg by John E. Dannenberg With salacious tales of murderous and thieving former guards splashed across local headlines, Seal Beach, California officials shut down their privately-run jail on June 15, 2007. The city claimed that the jail?s for-profit …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
California Lifer’s Governor-Parole-Reversal Tossed by State Court by Marvin Mentor California Lifer's Governor-Parole-Reversal Tossed by State Court by Marvin Mentor A decision by Governor Schwarzenegger to reverse the Board of Parole Hearing's (BPH) grant of parole to an infirm, 82-year-old lifer was itself reversed by the California Court of Appeal. …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
Article • January 15, 2008
Ninth Circuit: Heck Favorable Termination Rule Applies to Civil Commitments by By John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that the "favorable termination rule" of Heck v. Humphrey, 512 U.S. 477 (1994) [which requires that before a prisoner can bring a 42 U.S.C. § 1983 civil …
Article • January 15, 2008
Ninth Circuit: Federal Complaint Cannot be Submitted Before PLRA Exhaustion is Completed by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that a prisoner must have completed his available administrative exhaustion procedures before he can submit a 42 U.S.C. § 1983 complaint to the …
Article • January 15, 2008
Parolee's Conviction Reversed for Illegal Probation Search by The Ninth Circuit Court of Appeals has reversed a parolee's conviction for possessing a gun because the warrantless probation search was unconstitutional and subsequent incriminating statements were inadmissible under the "fruit of the poisoned tree" doctrine. Curtis Ray Howard was convicted of …
Article • January 15, 2008
Filed under: Sentencing, Parole
Ninth Circuit: Federal Supervised Release Constitutional by On April 24, 2006, a panel of judges in the U.S. Ninth Circuit Court of Appeals upheld a district court?s finding that supervised release was a valid part of the federal sentencing scheme. Lazaro Huerta-Pimental was arrested in 1998 for illegally entering the …
Article • January 15, 2008
One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim by One Month Delay in Treating Prisoner's Broken Bones States 8th Amendment Claim In 2004, William Guy, a California state prisoner, broke his ribs and ankle. He wasn't treated for a month. He sued in federal district court, …
Article • January 15, 2008
Reassignment of Right to Seek Attorney Fees Not Reassignable by The Ninth Circuit Court of Appeals has held that a client may not convey his or her right to seek or waive attorney's fees for their counsel. This action began when Wilma Pony, the guardian of Paulette Pony, a minor, …
Article • January 15, 2008
CA Prisoner's Convictions for Conspiracy to Smuggle Drugs Vacated for Bad Jury Instructions by Jaime Jasso, a California state prisoner, made several phone calls to someone outside of prison named Ruben. Guards monitored those calls and discovered that their purpose was for Passo to give Ruben directions for obtaining drugs …
Article • January 15, 2008
Filed under: Sentencing, Parole
California Lifer Entitled to New Parole Hearing, but Not Limited to Just “New Evidence” by California Lifer Entitled to New Parole Hearing, but Not Limited to Just "New Evidence" by Marvin Mentor The California Court of Appeal, 6th District, agreed with the superior court below that a lifer who had …
Article • January 15, 2008
CA Cop's Disciplinary Action Held Confidential by Copley Press, Inc. requested documents related to a cop's disciplinary proceedings in the San Diego Civil Service Commission (Commission). The Commission refused to provide them, and Copley filed suit to compel disclosure under the California Public Records Act (Act). The trial court denied …
Article • January 15, 2008
Filed under: Sentencing, Parole, Immigration
Illegal Alien Not Required to Submit Dual Parole Plans in California by California's First District Court of Appeals has held that a prisoner is not required to prepare a parole plan for both California and a country he will be deported to if there is a conclusive presumption that he …
Article • January 15, 2008
Sexual History May Trump Test Results Leading to SVP Classification Despite Castration by California prisoner and sexually violent predator (SVP) Edward Flores appealed a 2005 jury decision to retain him in the state hospital as a civilly-committed sex offender. He claimed that his voluntary castration should render the use of …
Los Angeles Jail Canteen Audit: Contractor Rakes In $640,213 Excess Profits by John Dannenberg by John E. Dannenberg Compass Group USA, Inc. doing business at the Los Angeles County Jail as Canteen Services (Canteen), was booked by the county auditor for extracting $640,213 in excess profits from its gross prisoner …
Article • January 15, 2008 • from PLN January, 2008
California: 1st Degree Occupied Burglary Doesn’t Bar Working in Licensed by California: 1st Degree Occupied Burglary Doesn't Bar Working in Licensed Community Care Facilities Convicted felons suffer many civil disabilities, even after discharge from custody and post-release supervision. In California, a person whose criminal past includes a "crime against a …
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