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Article • May 15, 2007
Supreme Court: Right Of Access Applies To California Preliminary Hearings by The U.S. Supreme Court held in this case that the qualified First Amendment right of public access to criminal proceedings applies to preliminary hearings conducted in California. On December 23, 1981, Robert Diaz, a nurse, was charged in a …
Article • May 15, 2007
Los Angeles County Prisoner Settles Shoulder Injury Claim For $10,000 by On December 24, 2001, a man who claimed his shoulder was injured when a Los Angeles County court bus abruptly stopped settled his lawsuit for $10,000. Plaintiff Leo Vargas, a 47-year-old auto mechanic, was riding a county court bus …
Article • May 15, 2007
Order Requiring Utility To Disperse Third Party Material Unconstitutional by The U.S. Supreme Court held that an order of the Public Utilities Commission of California (PUCC) requiring Pacific Gas and Electric Co. (PGE) to include material from a third party, with which it did not agree, in its billing envelopes …
Article • May 15, 2007
Due Process Required Before Prisoners' Wages Seized by The court of appeals for the Ninth circuit held that prisoners are entitled to due process before their wages are seized and prison officials were not entitled to qualified immunity for seizing prisoners' wages without due process. The court also upheld denial …
Article • May 15, 2007
Female Staff Removed From CA Youth Living Units by The California Third District Court of Appeal issued a writ of habeas corpus requiring all female staff be removed from the DeWitt Nelson Training Center living units and areas of gymnasium sanitary facilities. Male juvenile detainees were forced to disrobe, bathe, …
Article • May 15, 2007
California County Pays $400,000 For Mentally Ill Prisoner's Suicide by On July 13, 2001, Contra Costa County, California, agreed to pay $400,000 to settle a federal wrongful death lawsuit stemming from the suicide of a mentally ill prisoner in the county jail. In 1999, Kyle Kentera, a 32-year-old man with …
Article • May 15, 2007
California Prisoner Assaulted By Deputies Awarded $135,000 by On February 21, 2002, a federal jury awarded $135,000 to a prisoner who was subjected to excessive use of force by San Bernardino County, California, deputies in violation of his Eighth Amendment rights. While a prisoner in San Bernardino's West Valley Detention …
Article • May 15, 2007
L.A. County Probation Department Employee Awarded $95,000 for Discriminatory Forced Retirement by by John E. Dannenberg A 39-year veteran employee of the County of Los Angeles' (L.A.) Probation Department, in failing health, was constructively forced to retire by a job transfer that he alleged was intended to harass him because …
Article • May 15, 2007
$100,000 Settlement Recommended For County's Contract Breach by On December 14, 2005, the Los Angeles County Claims Board recommended paying $100,000 to a drug testing firm to settle its breach of contract suit against the county. In September 1995 Los Angeles County entered a 5-year contract with PharmChem to provide …
Article • May 15, 2007
$201,000 Settlement in Death of California Prisoner with Hepatitis C by In June 2002, the California Department of Corrections (CDOC) settled for $201,000 a wrongful death suit alleging denial of appropriate medical care for hepatitis C. The lawsuit, brought by the family of Rosemary Willeby, claimed her October 1999 death …
Article • May 15, 2007
California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity by John E Dannenberg California: "Mailbox Rule" Extended to Civil Complaints Against Public Entity By John E. Dannenberg The Third District California Court of Appeal held that the "mailbox rule" [prisoner legal mail delivered to prison authorities for mailing to …
California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E Dannenberg California Attorney Richard Dangler Sanctioned for "Shameful, Frivolous" Prisoner Appeals; Resigns by John E. Dannenberg Sacramento, California attorney Richard Hale Dangler, Jr. was assessed $46,750 by the California Court of Appeal and forced to resign …
Article • May 15, 2007
Qualified Immunity May Not Be Pled For the First Time in a Motion For Reconsideration by Mark Farquhar, a California state prisoner, prevailed on summary judgment in a federal district court on a claim that prison medical staff had been deliberately indifferent to his medical needs. Dr. William Cain, a …
Article • May 15, 2007
CA Prisoner Properly Convicted of Conspiracy to Furnish Controlled Substance to a Prisoner by Deandre Lee was convicted of conspiracy to furnish a controlled substance to a prisoner under Cal. Pen. Code 4573.9 after his wife was caught trying to deliver drugs and tobacco to him in a California prison. …
Article • May 15, 2007
Filed under: Medical
Jail Has No Duty to Warn of MRSA by A Los Angeles County jury entered a verdict in favor of the County in a lawsuit filed by a contractor who alleged he had a right to be advised of possible infection of Methicillin Resistant Stop Aureaus (MRSA). Herman Tubbs, 62, …
Article • May 15, 2007
California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay by California Habeas Corpus Proper Remedy to Challenge Work Assignment Restriction, But not to Award Back Pay California's Second District Court of Appeals held a habeas corpus petition is the proper remedy for a …
Article • May 15, 2007
Filed under: Sentencing, Good Time, Probation
California: Knowing Waiver of Conduct Credits at Plea Agreement Controls Upon Later Probation Violations by John E Dannenberg The California Supreme Court held in two companion decisions that when a prisoner enters into a no-prison-time probation deal at sentencing involving a waiver of either pre-sentence or future conduct credits, if …
Article • May 15, 2007
California Sex-Offender Registration Requirement Held "Not Punishment" by John Dannenberg By John E. Dannenberg Overruling its own precedent, the California Supreme Court held that mandatory sex offender registration does not amount to punishment, and that a lifetime registration requirement therefore cannot be deemed unconstitutional "cruel or unusual punishment." Leon Alva …
Article • May 15, 2007
Prisoner Murder Conviction Reversed to Consider Hallucination Defense by California's Fifth District Court of Appeal held evidence of a hallucination may be admitted to negate premeditation and deliberation of first degree murder to second degree murder, but not to mitigate murder to voluntary manslaughter. This case involved a murder at …
Individual Prison Officials Not Liable Under FLSA by Correctional officers sued prison officials in their individual capacities, not their official capacities, over alleged Fair Labor Standards Act (wage and hour) violations, in order to avoid the Eleventh Amendment bar against official capacity suits. However, the defendants in their individual capacities …
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