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Article • May 15, 2007
Los Angeles Lump Sum Settlement Policy Enjoined by The plaintiff was entitled to a preliminary injunction on her claim that, as to her case, the county's policy of offering only lump sum settlements (i.e., covering damages and attorneys' fees) violated federal law. The Supreme Court's decision in Jeff D. v. …
Change in BOP Work Release Policy Upheld by The Department of Justice's policy stating that prisoners cannot be sent to community corrections centers until the last 10% of their sentences is a reasonable interpretation of the statute; the abrupt change in policy was exempt from the notice and comment requirement …
Article • May 15, 2007
California Guards Assigned Word Puzzles by California Guards Assigned Word Puzzles to Satisfy Training Requirements California State Assembly Member Rudy Bermudez, himself a member of the powerful prison guards union (CCPOA) while on leave from his prison job to serve elective office, sharply criticized the practice of solving word puzzles …
Article • May 15, 2007
Civil Rights Act Ensures Prisoner's Chance To Prove Allegations Of Abuse by California State Prisoner Clifford Wiltsie brought a § 1983 suit in the U.S. District Court for an alleged unprovoked attack on him by several Department of Corrections (DOC) guards. His suit seeking release from custody and monetary damages …
Article • May 15, 2007
Filed under: Sentencing, Parole
California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by California Lifer Parole Denial Reversed Absent Evidence of Current Dangerousness by John E. Dannenberg The California Court of Appeal, Fourth District, granted a second degree murderer's habeas corpus petition and ordered the Board of Parole Hearings (BPH) to give …
Article • May 15, 2007
Supreme Court Rejects Time Limit Notices by Judges by The Ninth Circuit declared that partially unexhausted habeas petitions, which are subject to a total exhaustion rule under Rose v. Lundy (1982), should be subject to a "stay and abeyance" procedure designed to protect habeas petitioners from the interaction of the …
Article • May 15, 2007
Filed under: Civil Procedure, Estoppell
No Estoppel for Failing to File EEO Notice by The plaintiff failed to seek EEO counseling within 45 days of the act she alleged was discriminatory and then failed to file an administrative complaint within 15 days after receiving a notice of the right to file it. Equitable tolling and …
Article • May 15, 2007
Filed under: Civil Procedure, Complaints
Pro Se Litigants Entitled to Notice of Complaint Deficiencies before Dismissal by Pro Se Litigants Entitled to Notice of Complaint Deficiencies Before Dismissal The court of appeals for the Ninth circuit held that a pro se BOP prisoner in California was entitled to notice of his complaint's deficiencies, and an …
Successive Injunctions Allowed Under PLRA by In a first published case on the topic, a federal district court in California has held that, under the PLRA, successive Temporary Restraining Orders (TRO) and a preliminary injunction (PI) may be entered by the Court. This is a class action suit filed by …
Article • May 15, 2007
California Supreme Court Holds Prisoners' Legal Mail Confidential by The Supreme Court of California held that a rule used by the California Department of Corrections (DOC) that allowed prison officials to read attorney-prisoner incoming mail was inconsistent with statutory privilege for that type of correspondence. Also, the court held that …
Article • May 15, 2007
Shackling Prisoner Witnesses at Trial Discussed by The Ninth Circuit Court of Appeal held a defense witness may be shackled at a jury trial, and a defendant must request lesser alternatives to shackling or curative instructions to the jury to not consider the shackling for the Court to consider prejudice …
Article • May 15, 2007
Filed under: Transfers, Sentencing
CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy by CA Sheriff Must Advise Trusty Status Prisoners of Honor Camp Ineligibility Policy California's Fourth District Court of Appeals held the San Diego County Sheriff is required to advise jail-sentenced prisoners of a jail policy that makes them …
Article • May 15, 2007
California: Good-Time Statute Not Violative of Ex Post Facto by The Supreme Court of California held that the application of a good-time statute enacted on January 1, 1983 to prisoners convicted before that time and under a different good-time statute did not violate the state or federal ex post facto …
Article • May 15, 2007
CA. Petitioner Entitled to Fees and Cost of Successful Records Claim by California's First District Court of Appeals held a petitioner is a prevailing party in an action seeking release of documents when those documents are released voluntarily to resolve the litigation, and an award of attorney fees and costs …
Article • May 15, 2007
CA Prisoner Entitled to Due Process Hearing Before SHU Classification Change by CA Prisoner Entitled to Due Process Hearing Before SHU Classification Change California's First District Court of Appeals held that a prisoner is entitled to a full due process hearing prior to having his SHU classification changed. The San …
Article • May 15, 2007
Settlements Are Public Records in California by California's Fourth District Court of Appeals affirmed a trial court's order requiring Orange County to release documents related to the settlement of a lawsuit brought by a pre-trial detainee at the county's jail. The detainee, a convicted child molester, claimed the county negligently …
Article • May 15, 2007
Filed under: Classification
"Some Evidence" Standard Applied to Consider CA Prisoners Classification. by "Some Evidence" Standard Applied to Consider CA Prisoners Classification. California's Fourth District Court of Appeals held prison officials only need to show "some evidence" exists to justify a prisoner's internal classification. The San Quentin prisoner was convicted of robbery, burglary, …
Article • May 15, 2007
Filed under: State Statutes, Zoning
Demolition of Historic California Jail Stayed Pending New Study by John Dannenberg By John E. Dannenberg The County of Monterey, California wanted to demolish its 73-year-old Main Jail in Salinas, but was challenged by preservationists who wished it refurbished and maintained as an historic building. The preservationists ("Architectural Heritage Association") …
Article • May 15, 2007
No Writ Of Mandamus When Other Remedies Exist by The U.S. Supreme Court held that parties seeking issuance of writ of mandamus must show that there is no other way to gain the desired relief. California prisoners filed a class action suit alleging constitutional violations in the way sentence lengths …
Article • May 15, 2007
Attorney Fees Allowed on Contingency and Under Section 1988 by The U.S. Supreme Court held that an attorney for a prevailing party in a civil rights action could recover contingent fees in excess of attorney fees awarded by the court under § 1988. The plaintiff and his attorney in a …
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