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Article • May 15, 2007
Government Estopped From Re-arresting Wrongfully Paroled Prisoner by The Ninth Circuit Court of Appeals held that the U.S. Government could not re-arrest and detain a parolee it had released despite the parolee being sentenced to a non-parolable sentence. The parolee was sentenced to 15 years for importing marijuana and engaging …
Article • May 15, 2007
Nominal Damage Awards Must Apply to All Class Members by The Ninth Circuit Court of Appeals has held that each member of a class action is entitled to receive a nominal damage award, not just the named class representatives. Additionally, the Court held that a district court cannot award attorney …
Article • May 15, 2007
High-Speed Police Chase Requires Intent to Harm for Liability by The United States Supreme Court held that high-speed chases with no intent to harm suspects physically, or to worsen their legal plight, do not give rise to liability under the Fourteenth Amendment that can be redressed by an action under …
Article • May 15, 2007
California Disability Statute Tolls Limitation Statute for §1983 Suit by California Disability Statute Tolls Limitation Statute for §1983 Suit The Ninth Circuit Court of Appeals held that California's Disability Statute, Cal. Civ. Proc. Code §352(a)(3), tolls California's one-year statute to file a 42 U.S.C. §1983 action. This action sought to …
Guard Denied Qualified Immunity in Prisoner's Assault by The U.S. Ninth Circuit Court of Appeals affirmed denial of summary judgment on qualified immunity grounds by a California federal district court to a lieutenant at the California Men's Colony in a case where a prisoner was assaulted by his cellmate. Michael …
Due Process Required in Mail Censorship by The court of appeals for the Ninth circuit upheld the dismissal under FRCP 12(b)(6) of a California prisoner's lawsuit concerning the censorship of law rook catalogs the prisoner attempted to send his mother. The appeals court reversed the dismissal of the due process …
$3,251,000 Verdict Rendered in California Detainee's Murder by On April 8, 1992, a 32 year-old was arrested for parole violation and possession of controlled substances. He was booked into the Fresno County Main Jail in California. He was housed in a maximum-security cell that was designed for three prisoners; the …
Article • May 15, 2007
$3.5 Million Paid in Stabbing Death by Washington Parolee by Jeanne Baker filed a claim for damages in the stabbing death of her father, Stanley A. Stevenson, on August 24, 1997. Stevenson was stabbed on a Seattle street by Dan Van Ho, who was under the custody, control and/or supervision …
Article • May 15, 2007
No Qualified Immunity for Prison Guard in Prisoner Shooting by Upholding decisions by the U.S. District Court, Northern District of California, the U.S. Ninth Circuit Court of Appeals held that a California state prison guard was not entitled to qualified immunity for shooting and killing a state prisoner but that …
Article • May 15, 2007
Holding Prisoner Past Release Date Violates Due Process by California Prisoner's Imprisonment Past Release Date Violates Due Process The Ninth Circuit held that a § 1983 suit filed by a former prisoner was the appropriate venue for Eighth Amendment and due process claims. Frank Haygood brought a civil rights action …
Article • May 15, 2007
California Prisoner Has Right to Court Access, Child Custody and Visitation by A California appeals court reversed a superior court's order that denied a California state prisoner custody of his children and visitation with them, and which was done without allowing him to appear for hearings on the matter. The …
Article • May 15, 2007
Filed under: Searches, Drug Testing
DUI Guilty Pleas Don't Bar Blood Draw Suits by Convictions based on pleas of guilty to DUI did not bar the plaintiffs' constitutional challenge to the manner in which blood was drawn from them, notwithstanding Heck. Since no blood evidence was used against them--in fact, no evidence was used against …
Article • May 15, 2007
Official Information Privilege Limited by Plaintiff brought a §1983 action against the city of San Bernadino, California and police officers alleging excessive use of force during an arrest. In U.S. District Court the plaintiff filed a motion for discovery requesting certain police records. Defendants claimed the requested material was, among …
Article • May 15, 2007
Summary Judgment Reversed on Former Prisoner's Gender Dysphoria Claim by The Ninth U.S. Circuit Court of Appeals, in a split decision, reversed a grant of summary judgment to California prison officials in a claim brought by a former state prisoner alleging that officials were deliberately indifferent to her gender dysphoria. …
Article • May 15, 2007
No Parole Violation for Working with Ex-Prisoners by The U.S. Supreme Court held that a parolee's work at a business that employed other ex-convicts did not provide "satisfactory evidence" of a parole violation. After his parole was revoked, a federal prisoner filed a writ of habeas corpus which was denied …
Los Angeles County Jail Conditions Unconstitutional by A California federal district court held the conditions at the Los Angeles County Jail were unconstitutional. This class action suit resulted in a non-jury trial that alleged violations of the pre-trial detainees' constitutional rights under the Fourteenth Amendment. The court found the detainees …
Article • May 15, 2007
Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action by Plaintiffs Awarded Attorney Fees For Criminal Defense In § 1983 Action The United States District Court for the Central District of California, in ruling on a novel issue in the Ninth Circuit, held that a plaintiff in a …
Article • May 15, 2007
Prisoner's Dismissed § 1983 Complaint Reversed in Part by Prisoner's Dismissed § 1983 Complaint Reversed in Part The U.S. Ninth Circuit Court of Appeals reversed in part a California state prisoner's 42 U.S.C. § 1983 complaint dismissed by a federal district court. California prisoner Alvin Ronnel Ross sued state prison …
Article • May 15, 2007
Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed by Dismissed §1983 Claim Reversed; Amendment Should Have Been Allowed The U.S. Ninth Circuit Court of Appeals reversed a California federal district court's dismissal of a state prisoner's civil rights complaint, holding that the lower court erred in denying the prisoner …
Right to Assist Other Prisoners Includes Right to Possess Pleadings by The California Supreme Court held that a prisoner's right to assist other prisoners in legal matters includes the right to possess other prisoner's legal pleadings or briefs, but does not include the right to correspond with prisoners at other …
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