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Article • August 15, 2008
Brain Damage, Blindness from California Prison Shooting Nets $2 Million Settlement by A California prisoner who was shot during a prison disturbance was paid $2 million to settle his suit. On August 28, 1993, 37-year-old Kenneth Newton was confined at California’s Chuckwalla Valley State Prison, when a disturbance erupted on …
Article • August 15, 2008
Filed under: Police, False Arrest
CA Man Wrongly Jailed Wins $90,000 in Civil Rights Action by Maurice Goodman, a Black San Mateo County, CA paralegal and coach of a youth football team, was in Salinas, CA. with his team for a weekend game. He was stopped outside his motel room and harassed by Salinas police …
Article • August 15, 2008
California Cops' Internal Affairs Investigation Records Exempt from Disclosure under State PRA by The Press-Enterprise (newspaper) sued the city of Hemet, California in state court under the state Public Records Act (PRA), Cal. Gov't Code § 6250 et seq to compel disclosure of records pertaining to a police internal affairs …
Article • August 15, 2008
California Cop's Termination Papers Exempt from Disclosure under State PRA by The Copely Press sued the San Diego County Civil Service Commission (Commission) in state court under the state Public Records Act (PRA) Gov. Code § 6250 et seq to compel disclosure of documents pertaining to a cop's termination. The …
Article • August 15, 2008
California PRA Doesn't Require Disclosure of Cops' Personnel Files by Freedom Newspapers (newspaper) sued in state court under the state Public Records Act (PRA), Cal. Gov't Code § 3250 at seq, to compel the San Bernardino County Sheriff (Sheriff) to disclose the personnel files of two deputies who were disciplined …
California PRA Requires Disclosure of the Names of Cops Who Shot Civilian by The Santa Barbara News-Press (newspaper), a subsidiary of the New York Times Co., sued the county sheriff (Sheriff) in state court under the state Public Records Act (PRA), Cal. Gov't Code § 6250 et seq, to compel …
California Prison Gang Information Ruled Confidential by Arturo Losoya and Robert Aguirre, California state prisoners, sought discovery in their state court criminal trials of investigatory security files on gang activity. The trial court ordered prison officials to produce the information, and the Department of Corrections (DOC) appealed. On appeal: the …
Article • August 15, 2008
California Requires Disclosure of Transcript of Cop's Disciplinary Hearing by Patrick Bradshaw, a Los Angeles, (LA) California cop, sued LA in state court for violating his privacy rights when his supervisors released a copy of his disciplinary hearing transcript to the media. The trial court dismissed, finding that no statutory …
Article • August 15, 2008
California Sheriffs Entitled to Sovereign Immunity by The California Supreme Court has held that a sheriffs act on behalf of the state when performing law enforcement activities, which makes them absolutely immune from tort liability under 42 U.S.C. §1983 action. That rationale comes because the Court found that California sheriffs …
Article • August 15, 2008
Challenge to BOP Writer Byline Rule “As Applied” Dismissed by A Colorado Federal District Court has refused to reinstate “as applied claims” in a lawsuit challenging the Bureau of Prisons (BOP) byline/reported prohibition or dismiss the remaining racial claim to 28 C.F.R. §540.20(h). In response to that lawsuit, BOP altered …
Article • August 15, 2008
Colorado Coroner Entitled to Ambulance Reports by Nancy Bodelson, the Coroner for Jefferson County, Colorado asked the city of Littleton, Colorado for ambulance reports pertinent to the body she was autopsying. The city refused claiming that tae Colorado Open Records Act (CORA) Co. Rev. Stat. § 24-72-204 et seq., precluded …
Article • August 15, 2008
Washington Community Corrections Officer’s Pay Reduction for Failure to Perform Duties by The State of Washington Personnel Appeals Board (PAB) has held that pay reduction for a Community Corrections Officer who failed to properly classify and monitor offenders, complete offender tracking reports, complete field itineraries, and comply with supervisory directives, …
PHS Not Liable in Kansas Wheelchair Collapse by The defendants were not deliberately indifferent in providing the plaintiff a wheelchair that collapsed under him. The court notes that they always recognized his medical needs by providing him a wheelchair, he signed two forms reflecting that the wheelchair issued to him …
Claims by Beaten Indiana Jail Prisoner Upheld; Guard’s Indemnification Claim Denied by The plaintiff said he was beaten by guards; the defendants said he was beaten by one officer, who was fired and recommended for criminal investigation. He was allegedly unruly, was gassed with pepper spray and then strapped into …
Article • August 15, 2008
Ninth Circuit Upholds BOP IFRP Program by The federal prisons' Inmate Financial Responsibility Program, which provides for development of a plan for inmates to pay obligations such as court-ordered assessments, restitution, and fines, with deprivation of privileges and preferred housing as a sanction for noncompliance, does not improperly intrude on …
Class of Plaintiffs and Defendants Certified in Mental Health Suit by The plaintiff alleged that, notwithstanding a state court decision striking down the state statutory provisions for commitment of persons deemed incompetent to stand trial, those standards were still being applied at a number of Office of Mental Health facilities. …
Outside Clergy Requirement for Ramadan Services Upheld by Officials at a county prison provided for communal worship during Ramadan only if an outside leader could be found. This restriction did not violate the Turner standard because the Ramadan participants came from different housing units, raising order and security concerns; the …
Article • August 15, 2008
Fifth Circuit Discusses Class Certification Requirements by A class of 100 to 150 is sufficiently numerous for class certification (this range "generally satisfied the numerosity requirement" (624); the members were geographically dispersed and unavailable for joinder; some class members might fear retaliation. At 625: "The test for commonality is not …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
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