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Article • May 15, 2007 • from PLN May, 2007
Guards Sue California DOC for Identity Theft by Prisoner Workers by Thirty-one guards from Pelican Bay State Prison (PBSP), California?s supermax lockup, filed suit on May 23, 2006 in Sacramento Superior Court against the California Department of Corrections and Rehabilitation following the discovery that PBSP prisoners had obtained guards? names, …
Article • May 15, 2007 • from PLN May, 2007
California DOC Settles With PLN Over Restrictive Publications Policies: Changes Regulations, Pays Damages by John Dannenberg by John E. Dannenberg On December 19, 2006, the California Department of Corrections and Rehabilitation (CDCR) settled with Prison Legal News (PLN) over PLN's complaints of CDCR's restrictive publications-approval policies for California state prisoners. …
Article • May 15, 2007
Ban on Muslim Literature Struck Down by A federal district court in California struck down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. The court also ordered the CDC to hire and pay a Muslim minister to attend to …
Trial Required for Fatal Head Injury by The court of appeals for the Ninth circuit held that a trial was required to determine if Imperial, California jail officials were deliberately indifferent to the serious medical needs of a pretrial detainee who fell and fractured his skull then later died. The …
Article • May 15, 2007
Muslim Literature Ruling Affirmed by The court of appeals for the Ninth circuit affirmed a district court ruling striking down as unconstitutional a California Department of Corrections ban on the Nation of Islam newspaper "Muhammad Speaks" and the Koran. Also affirmed was the order that the CDC hire and pay …
BOP Ban on Religious Headbands Upheld by The court of appeals for the Ninth circuit held that a Bureau of Prisons rule prohibiting Native American prisoners from wearing religious headbands in the prison mess hall was constitutional. The court held the rule was reasonably related to penological interests. The court …
Drug Infraction Not Moot Upon Release by The court of appeals for the Ninth Circuit held that a federal prisoner's habeas challenge to a prison disciplinary hearing sanction was not mooted by the prisoner's unconditional release from prison. Barry Robbins was infracted for drug use at the BOP camp in …
Article • May 15, 2007
Special Master Authority Limited by The court of appeals for the Ninth circuit granted a writ of mandamus to prison officials, holding the lower court lacked jurisdiction to order California prison official defendants to allow a special master to inspect the New Folsom prison, a prison not encompassed by the …
Article • May 15, 2007
Jail Denial of Mattress States Claim, Okay to Strip Search Violent Arrestees by The court of appeals for the Ninth circuit held that a California pretrial detainee had stated a claim when he filed suit over the denial of a bed or mattress on the Los Angeles jail due to …
Article • May 15, 2007
California Jail Strip Search States Claim by The court of appeals for the Ninth circuit held that jail strip search policies must be based on reasonable suspicion that the individual arrestee is concealing contraband on their person. A misdemeanor arrest requires "some other justification" for a strip search beyond the …
Article • May 15, 2007
Jail Detainee Has Right of Court Access by The court of appeals for the Ninth circuit held that a California jail detainee's court access rights were violated when the jail interfered with court ordered local and long distance phone calls, legal materials, subpoena runner and obtaining legal materials and an …
Expense No Justification for Eighth Amendment Violation by The court of appeals for the Ninth circuit vacated a district court's preliminary injunction on ad seg conditions in four California prisons. The court rejected the "totality of conditions" analysis later adopted by the U.S. supreme court in Rhodes v. Chapman, 101 …
Article • May 15, 2007
Female Guards Can Observe Naked Male Prisoners by The court of appeals for the Ninth circuit held that no constitutional right was violated by a California prison policy/practice of allowing female guards to routinely view naked and partially naked male prisoners showering, dressing, being strip searched and using the toilet. …
Article • May 15, 2007
Probation Officers Entitled to Absolute Immunity when Performing Court Function by Probation Officers Entitled to Absolute Immunity When Performing Court Function The court of appeals for the Ninth circuit held that California probation officers preparing reports for use by state courts are entitled to absolute judicial immunity from suit. The …
Supreme Court: No Right to Counsel or Cross Examination in Disciplinary Hearings by Baxter v. Palmigiano consolidates two separate actions, 74-1194 & 74-1187, in which state prisoners filed civil rights suits as a result of prison disciplinary procedures. Action no. 74-1194 was filed by prisoners in California's San Quentin prison …
Article • May 15, 2007
Supreme Court: Aliens Can Be Held Without Bail Pending Deportation by Supreme Court: Aliens Can Be Held Without Bail Pending Deportation The United States Supreme Court held 6-3 that provisions of the Immigration and Nationality Act (INA) limiting judicial review of the United States Attorney General's (AGs) discretionary decisions to …
Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E Dannenberg Illegal Strip Searches During Minor Charges Net Sacramento Jail Detainees $1,000 Each by John E. Dannenberg The Sacramento County Superior Court ruled that the Sacramento County Jail's policy of strip-searching all detainees - regardless …
Disciplinary Hearing Witness Cannot be Denied Because of Prisoner's Race by The Ninth Circuit Court of Appeals held that although a California prisoner did not have a due process right to remain free from administrative segregation, he did have an equal protection right not to have a witness barred from …
Article • May 15, 2007
California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in by California Prisoner Committed to State Hospital Beats Battery Charge Because He Was Not "Confined in State Prison" The California Court of Appeal reversed a battery-on-staff conviction that a mentally ill prisoner had suffered while …
Article • May 15, 2007
Dismissal for Failure to Exhaust Reversed by The U.S. Court of Appeals, Ninth Circuit, reversed a federal district court's dismissal of a California state prisoner's 42 U.S.C. §1983 complaint. Alonzo Lee Taylor appealed the judgment of a federal district court where the court dismissed Taylor's second amended complaint (SAC) on …
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