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CA Officials Immune from False Arrest Suits by In June of 2002, Lenin Perez-Torres was arrested by federal agents and taken to the Los Angeles County Jail for parole violations. Unfortunately he was the wrong man. After 25 days jailers caught the mistake and released him. He joined a federal …
Article • May 15, 2007
Filed under: Medical, Kidney
CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment by CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment Claim Juan Portillo, a California state prisoner, was for several months denied pain medication and treatment for kidney stones …
Ex California Female Guards Subjected to Sexual Harassment, Retaliation by Edna Miller and Frances Mackey (plaintiffs), former California Department of Corrections (DOC) guards, were forced to work in a sexually hostile environment at the Valley State Prison for Women due to sexual relationships between the warden, Lewis Kuykendall, and several …
Article • May 15, 2007
Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date by Time Frame to Re-Apply for California Rehabilitation Certificate Begins on Denial Date In a case of first impression, the California Appellate Court held the waiting period to re-apply for a certificate of rehabilitation by ex felons commences …
Article • May 15, 2007
Consent Decree Requires More Than Best Efforts by Consent Decree Requires More Than Best Efforts Consent decree provisions that set out mathematically precise criteria and specific dates for defendants' performance could not be interpreted to require only "best efforts." The decree does not excuse nonperformance based on shortage of funds …
Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determinatio by Previous Convictions And Serious Difficulty Controlling One's Actions Sufficient In SVP Determination A California State prisoner claimed due process violation when the court failed to instruct a jury that they had to find him "dangerous beyond his …
Article • May 15, 2007
Ninth Circuit Orders Reconsideration Of Victim Presence At Entire Trial Under CVRA by Ninth Circuit Orders Reconsideration Of Victim Presence At Entire Trial Under CVRA On Petition for Writ of Mandamus to the U.S. District Court for the Central District of California, the U.S. Government requested an order allowing certain …
Article • May 15, 2007
Death Row Prisoner Awarded One Dollar For Lung Damage by California State death row prisoner Dennis Ervine claimed Eighth Amendment violation where alleged bacteria from a dental procedure caused respiratory damage. After dismissal of key testimony from former prison personnel, on March 27, 2006, the jury found no conscious attempt …
BOP Work Injuries Not Cognizable Under FTCA by A federal prisoner in California who alleged his pre-existing knee injury was exacerbated by prison officials' delay in providing medical treatment could not pursue a Federal Tort Claims Act suit because the re-injury occurred while he was at work and the Prison …
Article • May 15, 2007
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002 by On July 17, 1997, a jury in the U.S. District Court for the Northern District of California awarded $75,002 to a prisoner who was shot by a prison guard and deprived of medical equipment prescribed to help him walk. …
Article • May 15, 2007
$250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest by $250,000 Settlement When Police Beat California Man to Death Over Misdemeanor Arrest A 39 year old California man was beaten to death by police while being arrested for misdemeanor trespass. The deceased man's estate did not participate …
Article • May 15, 2007
$167,500 Awarded For Failure To Treat Fatal Colon Cancer in California Prisoner by In 1994, a California State prisoner had noticed some weight loss and lower abdominal pain then later that year intermittent rectal bleeding. An internist initially prescribed antibiotics and later a barium enema was performed by a radiologist. …
Article • May 15, 2007
$183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing by $183,000 Awarded To California Deputy District Attorney Attacked During Parole Hearing In 1980, a California Deputy District Attorney (Savitt) was attacked and stabbed multiple times by a maximum security prisoner during a parole hearing. The prisoner had a …
Article • May 15, 2007
Leg Brace during Criminal Trial is Harmless Error by A criminal trial judge's decision to require the defendant to wear a leg brace during the trial, based only on unsworn hearsay testimony regarding a potential witness's plan to "do 'stuff,'" without evidence the defendant was going to participate in the …
Minor Plaintiff's FTCA Claims Not Tolled by The decedent, an immigration detainee, was killed by another detainee. His wife's and adult children's Bivens claims were time-barred, but the claims of the minor children are tolled under California law until they file suit or reach the age of majority. The fact …
Discovery Materials Presumptively Public by At 1121: "Generally, the public can gain access to litigation documents and information produced during discovery unless the party opposing disclosure shows 'good cause' why a protective order is necessary." The fruits of discovery are "presumptively public." "For good cause to exist, the party seeking …
Article • May 15, 2007
$2,000,000 Settlement in California Excessive Force Prison Shooting by On August 28, 1993, while imprisoned at California's Chuckawalla Valley State Prison, Kenneth Newton, 37, found himself in the middle of a riot between African-American and Hispanic prisoners. Many grabbed weapons of opportunity including weights, brooms, sticks, mop handles, and other …
Article • May 15, 2007
$3,115,000 Settlement in Negligent Release of Paranoid Schizophrenic Prisoner by After being arrested by California's Glendale City police, the 36 year-old chronic paranoid schizophrenic in this case was taken to the LA County Jail. Glendale police had an official written policy that they will not hospitalize mentally ill persons arrested …
CA Prisoner's Mental Health Records Exempt From Disclosure by In July of 2002, Ramon Gavira Camarillo, a Los Angeles County (County), California prisoner, was found hanging in his cell in the County jail. His widow, Mrs. Gavira, sued the County in state court claiming that the jail staff failed to …
Article • May 15, 2007
CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates by CA Prison Supervisors Not Entitled to Pay Raise Identical to that of Subordinates In 2003-04, California prison guards received a pay raise of 6.8%. Due to financial problems with the state Dept. of Personnel Admin. (DPA), …
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