Skip navigation

Search

4723 results
Page 196 of 237. « Previous | 1 2 3 4 ... 192 193 194 195 196 197 198 199 200 ... 233 234 235 236 237 | Next »

Article • May 15, 2007
Police Force Claim Not Barred by Heck by The plaintiff's use of force claim is not barred under Heck and Preiser by her guilty plea to resisting arrest. The court is not persuaded by defendants' argument that the punch in the face of which plaintiff complains was the arrest. The …
Article • May 15, 2007
Segregation Excuses Failure to File Amended Complaint by The district court directed the plaintiff to file an amended complaint containing only exhausted claims, then dismissed when he did not do so by the deadline. The court should have accepted his excuse for not filing an amended complaint (he was put …
Article • May 15, 2007
Attorney Fees Allowed in Defending Decree from Attack by An original prevailing party who later defends a decree against a collateral attack in a separate action may be awarded fees based on its original prevailing party status if the work was "useful and of a type ordinarily necessary to secure …
Article • May 15, 2007
Notice to Class Inadequate, Collusion Between Parties Voids Settlement by Class actions seeking damages may be certified under Rule 23(b)(2), but only if the damage claims are "incidental to the primary claims for injunctive or declaratory relief." (1165) That rule is a requirement of due process, since class members are …
Article • May 15, 2007
BOP Prison Phone Suit Wrongly Dismissed by New federal prison telephone policies limiting prisoners to 300 minutes per calendar month were instituted after the Bureau of Prisons settled an earlier suit about telephone policies. The plaintiff alleged that the earlier settlement was entered fraudulently with intent to retaliate against prisoners …
No Immunity for Jail Guards Who Beat Diabetic Prisoner by The plaintiff was stopped for a bicycle infraction and then arrested for an unpaid parking ticket. He told the arresting officer and the jail nurse that he was diabetic, felt ill, and needed to eat as soon as possible. Instead …
Article • May 15, 2007
California District Court Adopts Total Exhaustion by The court buys total exhaustion, citing the statute's plain language ("action" versus "claim") without reference to counter-arguments. It then adds the following non sequitur (at 1060): In a related context, the Ninth Circuit has held that exhaustion of administrative remedies under the PLRA …
Article • May 15, 2007
Pointing Gun at Five Week Old Baby Unconstitutional by At 1071: Use of a weapon against someone who is helpless constitutes excessive force. . . . Pointing a gun at a person's head can constitute excessive force. . . . Most importantly, in 1999, no reasonable officer could have believed …
Article • May 15, 2007
Housing Rival Gang Members Together May Violate Constitution by The plaintiff was placed in a cell with members of a rival gang and was attacked. He said he told the deputy that he was gang affiliated, but there is no evidence he said which gang he was in or that …
Article • May 15, 2007
No Claim for Guard Ordering Prisoner to Touch his Penis by The plaintiff alleged that on two occasions an officer unzipped his clothing and instructed the plaintiff to grab his penis. He further alleged that the same officer turned off his water and power for five hours in connection with …
Article • May 15, 2007
Federal Deportation Detainees Stage Sit-In to Protest Delayed Hearings by On September 21, 2005, 950 deportation detainees at the federal Mira Loma Detention Center in Lancaster, California refused to return to their barracks for four hours after their 7 a.m. breakfast until prison officials assured them that their concerns regarding …
Brief • April 19, 2007
Hopkins v. Flores, CA, Settlement Exhibits, Mismanagement of Inmate Welfare Fund, 2007 ~927MO; SENT BY: CnUNTYCOUNSELj APA-19-07 OffiCE OFTHE COUN'l'\' COU~SKL COUNTY OF SANTA CLAM 1:04PM; PME 1 Ann Mliler Ravel COUNTY COUNSEL 10 West Hedding Stred 9" Floor, Ba~t Wing S!In Jose, California. 95110-1770 WInifred Botha Robert C, Campb"lJ …
Baker v State of California, CA, Order, youth guard beating, 2007 Case 2:05-cv-00589-GEB-KJM Document 143 Filed 04/17/2007 Page 1 of 2 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 VINCENT BAKER, 10 Plaintiff, 11 v. 12 STATE OF …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner Fed Finger Settles with Florida Food Manufacturer by On January 31, 2006, a Florida food company reached a confidential settlement agreement with a California state prisoner who found a three-quarter inch long human finger tip in one of the company?s prepackaged meals. While confined in isolation at California?s …
Ninth Circuit: Before Conducting Warrantless Parole Search, Police Need Probable Cause to Believe Parolee Lives There by John Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals has held that ?before conducting a warrantless search pursuant to a properly imposed parole condition, law enforcement officers must have …
Article • April 15, 2007 • from PLN April, 2007
Marin County, California Settles Wrongful Jail Death For $1 Million by John Dannenberg by John E. Dannenberg Marin County, California settled with the surviving family of a man who died after being hog-tied upon his arrest by Marin County Sheriff deputies. Cary Grime was a pedestrian at 2 a.m. in …
Article • April 15, 2007 • from PLN April, 2007
California State Prisoner Wins $21,800 for 250 Days Excess Incarceration by On July 5, 2006, a jury awarded $21,800 to a California state prisoner after the California Department of Corrections and Rehabilitation (CDCR) miscalculated his good time/work time credits on his twelve year sentence. Jorge Gallegos, a Mexican national, was …
Article • April 15, 2007 • from PLN April, 2007
California Prisoner IFP State Civil Filing Fee Statutes Interpreted by John Dannenberg by John E. Dannenberg In an important ruling for all California in forma pauperis (IFP) prisoner state civil complaint plaintiffs, the California Court of Appeal interpreted the application of the mandatory prisoner civil filing fee statutes, Government Code …
Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Page 196 of 237. « Previous | 1 2 3 4 ... 192 193 194 195 196 197 198 199 200 ... 233 234 235 236 237 | Next »