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Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction by Injunction Against Corrections Department Affirmed; Presumption Ancillary to Injunction The U.S. Ninth Circuit Court of Appeals affirmed a contested permanent injunction issued by the U.S. District Court, Northern District of California, against the California Department of Corrections (CDC), to remedy …
Preliminary Injunction Carries Judicial Imprimatur for Attorney Fee Award by The Ninth Circuit Court of Appeals held that a party who obtains a preliminary injunction is a "prevailing party" entitled to an award of attorney fees. This action originated as a 42 U.S.C. 1983 suit claiming that officials of California's …
Article • May 15, 2007
Sixth Amendment Not Violated by The U.S. Supreme Court has held that the Sixth Amendment right to counsel is not violated by placing prisoners in administrative segregation (ad seg) without counsel. In separate incidents, prisoners in the Federal Correctional Institution at Lompoc, California, were placed in ad seg for suspicion …
Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted by Prevailing Party Status Obtained by Enforceable Settlement Agreement or Preliminary Injunction Granted The Ninth Circuit Court of Appeals held that a party who reaches a settlement agreement enforceable by the court, or who has obtained a preliminary …
Article • May 15, 2007
Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by Los Angeles County Policy Of Lump Sum § 1983 Settlements May Interfere With Right To Counsel by John E. Dannenberg The Ninth Circuit US Court of Appeals permitted a case to proceed in …
Article • May 15, 2007
California Supreme Court Interprets Portions of Sexually Violent Predator Act by The California Supreme Court has issued a decision interpreting three portions of that state's Sexually Violent Predator Act (SVPA). First, the court held that a petition seeking to commit or recommit a person under the SVPA cannot be filed …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Article • May 15, 2007
California Federal Court Awards Falsely Arrested/Imprisoned Man $850,000 by On December 31, 2003, the U.S. District Court for the Central District of California awarded $850,000 to a man who was falsely arrested and imprisoned for seven weeks due to misidentification by the federal Drug Enforcement Agency (DEA). In 1999, the …
Article • May 15, 2007
California Settles Inadequate Psychiatric, Medical Care Suit for $1.5 Million by On May 16, 1996, the State of California agreed to settle for $1.5 million a lawsuit arising from the attempted suicide of a 21-year-old prisoner who was left permanently disabled. Though the plaintiff was known to be suicidal, prison …
Article • May 15, 2007
$24,000 Settlement Recommended for Disabled Los Angeles Probation Officer by On March 10, 2005, the General Litigation Division for Los Angeles County, California, recommended settling a disabled county probation officer's lawsuit for $24,000. The suit alleged physical discrimination and retaliation. Gregory Miller, a probation officer for the Los Angeles County …
$55,503 Settlement for Barefoot California Prisoner by On December 27, 1999, San Francisco County, California, settled for $55,503 a prisoner's federal lawsuit that alleged he was denied footwear for three months while in the county jail and that he was treated with deliberate indifference by jail medical personnel after his …
Article • May 15, 2007
City Liable For Police Rape, $300,000 In Damages Awarded by The Supreme Court of California held that the City of Las Angeles could be held liable under the doctrine of respondeat superior for a rape committed by a police officer employed by the city. After stopping Plaintiff for driving erratically, …
Article • May 15, 2007
California Prisoner Wins PI For Liver Transplant Evaluations by by John E. Dannenberg The United States District Court (S.D. Cal.) issued a preliminary injunction (PI), ordering the California Department of Corrections (CDC) to inquire of all liver transplant centers in California as to whether they could accept a prisoner as …
Article • May 15, 2007
Ninth Circuit: Excessive Use of Force in Cell Extraction Defeats Qualified Immunity by John Dannenberg by John E. Dannenberg In an unpublished opinion, a divided panel of the Ninth Circuit U.S. Court of Appeals held that the excessive use of force in a cell extraction violated a resisting prisoner's Eighth …
Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled by Arrestee Stated §1983 Claim Against Coroner; Heightened Pleading Standard Overruled The U.S. Ninth Circuit Court of Appeals, reversing the U.S. District Court, Northern District of California, ruled that the district court erred in holding an arrestee to a heightened …
Article • May 15, 2007
California: County Prisoner Injured Knee In Fall, Awarded $96,000 by On June 5, 1995, a jury in San Francisco County, California, awarded $96,000 to a prisoner who injured his knee in a job related fall. Plaintiff Nelson A. Portillo, 29, was serving a jail sentence at the San Francisco County …
Article • May 15, 2007
Contact Visits/Presence at Shakedown Not Required by Pretrial detainees at the Los Angeles County Central Jail filed a suit in federal district court under 42 U.S.C. § 1983. It alleged that the jail's policy of forbidding contacting visits and randomly shaking down cells in the detainees' absence violated the Due …
Injunction Against California DOC Precluded By PLRA, Turner by In this unpublished ruling the U.S. Court of Appeals for the Ninth Circuit held that the California Department of Corrections (CDC) did not have to comply with plaintiffs' proposed modifications to its procedures for housing and screening disabled prisoners and that …
Article • May 15, 2007
Secretary Error Allows for Late California Tort Claim by California's Third Appellate District has held that a trial court abused its discretion in denying a prisoner's motion for leave to file a late government tort claim. Before the Court was the appeal of Manuel Renteria, who sought to pursue a …
Article • May 15, 2007
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John Dannenberg California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Still Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment …
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