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CA Attorney General May be Sanctioned for Lying in Prison Case by A defense attorney in prison litigation who made reckless misstatements of law or fact could be sanctioned under the court's inherent powers when recklessness was combined with frivolousness, harassment, or improper purpose. Here, a conditional habeas judgment said …
Article • May 15, 2007
Felony Murder Convict Can't Sue Police for Shooting Him by Under Heck, a convict who was shot by the police during arrest and who was convicted of felony murder for provoking the police to shoot his crime partner could not pursue a § 1983 claim for excessive force insofar as …
Prosecutor, Daughter Immune for Trying to Elicit Jailhouse Confession by The plaintiff was accused by his daughter of sexually molesting and murdering her childhood friend. His daughter then visited him in jail to try to induce him to confess, allegedly with the knowledge of the prosecutor. He refused to talk …
Wrongful Arrest Claim Supports Municipal Liability by The plaintiff alleged that he was arrested without probable cause and subjected to excessive force by the police. He was held for 12 days, despite his protestations that the warrant on which he was held was for his twin brother. After he was …
Article • May 15, 2007
Adequate Expert Reports Can Be Compelled by The remedy for an inadequate expert report is to seek an order compelling an adequate one. Exclusion of the expert report or testimony as a sanction is available only when the failure to provide an adequate report is in violation of an order …
Destruction of Prisoner's Medical Records Violates 8th Amendment by The plaintiff alleged that prison medical staff undertreated the pain from his back injury, he filed an internal appeal, and medical and prison staff committed various corrupt acts to derail his appeal or intimidate him into dropping it. The court grants …
Article • May 15, 2007
Judge, not Magistrate Must Make Decision to Drug Criminal Defendant by The involuntary administration of medication to render a defendant competent for trial is not a matter that can be fully delegated to a magistrate judge; the principle of constitutional avoidance means that the Federal Magistrates Act should not be …
No Remedy for Mexican Doctor Kidnapped, Tortured by DEA by The plaintiff, a Mexican physician, was believed by Drug Enforcement Administration officials to have assisted in the interrogation and torture of a DEA agent in Mexico, and was indicted in California. The DEA hired Mexican nationals to seize him and …
Article • May 15, 2007
No Immunity for California Cops Leaving Mentally Ill Man in Vegetative State by The defendant police officers decided to take the mentally ill plaintiff into custody for his own safety, so they knocked him down and put their knees into his back and neck. Now he is in a permanent …
Article • May 15, 2007
Filed under: PLRA, Filing Fees (PLRA)
District Court Erred in Dismissing Suit for Indigent Prisoner's Failure to Pay Filing Fees by The district court should not have dismissed for failure to pay the $6.62 initial filing fee. He didn't pay because he didn't have the money, and had had no money since two months before the …
Article • May 15, 2007
Supreme Court Held Car Towing Hearing Delay Okay by The plaintiff's car was towed; he paid a fine to get it back; he asked for a hearing, which was held 27 days after the vehicle was towed. The Ninth Circuit agreed that the failure to hold a hearing within five …
Article • May 15, 2007
California Lifers Must File Parole Habeas Petitions in County of Commitment by by John E. Dannenberg The California State Supreme Court ruled that life prisoners challenging denials of parole must file their state habeas corpus petitions in the county of commitment, not in the county where they are incarcerated. Orlando …
Article • May 15, 2007
California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was St by John Dannenberg California Jail/Prison Credits May Not be Limited Based Upon Convictions for Which Punishment was Stayed by John E. Dannenberg The California Court of Appeal held that when a prisoner is convicted of …
Article • May 15, 2007
Contractor Suit against Union Chills Speech by A non-union contractor brought suit against several unions for actions they took against it; the suit was later dismissed. The N.L.R.B. charged and found that the suit was an unfair labor practice. The right to petition under the First Amendment includes the right …
Article • May 15, 2007
California Religious Grooming, Muslim Sabbath Rule Enjoined, Good Time Restored by Plaintiff Muslim prisoners sought injunctive relief against restrictions on their religious practice; their claims, initially brought under the First Amendment, are now governed by RLUIPA. The court previously granted preliminary injunctive relief (renewed repeatedly because of the PLRA's 90-day …
Article • May 15, 2007
9th Circuit Vacates Marshal's District-Wide Shackling Policy by The Ninth Circuit Court of Appeals vacated a district-wide California policy of requiring all federal pretrial detainees to wear shackles while making their first appearance before a magistrate judge. In April 2003, the United States Marshals Service for the Central District of …
Article • May 15, 2007 • from PLN May, 2007
Suit For Untreated Diabetic Prisoner’s Death In Los Angeles County Jail Lobby Settled For $700,000 by Suit For Untreated Diabetic Prisoner's Death In Los Angeles County Jail Lobby Settled For $700,000 The Los Angeles County Claims Board settled out a wrongful death lawsuit for $700,000 that resulted from a jail …
Article • May 15, 2007 • from PLN May, 2007
Habeas Hints: Retroactivity-Cunningham and Beyond by Kent A. Russell by Kent Russell This column is intended to provide ?habeas hints? to prisoners who are considering or handling habeas corpus petitions as their own attorneys (?in pro per?). The focus of the column is habeas corpus practice under AEDPA, the 1996 …
Article • May 15, 2007 • from PLN May, 2007
Prisoner’s Death After Restraint Settled By Los Angeles County For $80,000 by Prisoner's Death After Restraint Settled By Los Angeles County For $80,000 The Los Angeles County Claims Board settled a wrongful death lawsuit for $80,000 in December 2006 that resulted from a jail prisoner dying after being restrained of …
Article • May 15, 2007 • from PLN May, 2007
Audit of California DOC Contracted Healthcare Expenditures Reveals Rampant Waste, Abuse and Management Deficiencies by Marvin Mentor In August 2006, State Controller Steve Westly reported his fiscal review of the California Department of Corrections and Rehabilitation?s (CDCR) prisoner healthcare delivery system expenditures to Robert Sillen, Receiver for the California Prison …
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