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Article • May 15, 2007
San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined by San Quentin's AC Unit Conditions Unconstitutional, Tear Gas, Restraints, no Exercise Enjoined The Ninth Circuit Court of Appeals held prisoners are entitled to fresh air and exercise, they cannot be subject to wearing neck chains over long …
State Law No Immunity for Attorney Fee Awards by The Ninth Circuit Court of Appeals has affirmed a California District Court's order awarding interest on attorney fees previously awarded, additional fees expended to enforce the first award, and requiring the State Controller to issue an award to the State Treasurer …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • May 15, 2007
Prison Officials Entitled to Qualified Immunity for Interfering With Mail by The Supreme Court ruled that prison officials are immune to liability for damages under 42 U.S.C. § 1983. The suit was brought be a California prisoner alleging that prison officials violated his First and Fourteenth Amendment rights by negligently …
Article • May 15, 2007
Detainees Entitled To Contact Visits, To Be Present During Shakedowns by The U.S. Court of Appeals for the Ninth Circuit held that pretrial detainees were entitled to contact visits and to be present during cell searches. Pretrial detainees in the Los Angeles County Central Jail brought a class action § …
Article • May 15, 2007
Filed under: PLRA, Attorney Fees (PLRA)
PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John Dannenberg PLRA Attorney Fee-Award Criteria "Directly Incurred" and "Degree Of Success" Explained by John E. Dannenberg After a successful jailhouse lawyer retaliation suit (see: PLN, March '03, p.20, $90,169 Plus Injunction In California Retaliation Suit), prison official …
Article • May 15, 2007
BOP Early Release Withdrawal Arbitrary And Capricious; Release Ordered by By Bob Williams The United States District Court for the Northern District of California has ordered early release for a Bureau of Prisons (BOP) prisoner who successfully completed a 500-hour drug addiction program. The Court found the withdrawal of a …
Article • May 15, 2007
Los Angeles County Settles Minor's Sexual Assault Claim While In Custody by On November 2, 2005, Los Angeles County recommended a $300,000 settlement and an assumption of a $21,520.25 Medi-Cal lien for a claim that 17-year-old Kiana M. was sexually assaulted while alone with a County Probation Officer, in Juvenile Hall. Kiana M. …
Article • May 15, 2007
Prisoner Telephone Calls In County Jail Can Be Recorded by Federal prisoner Gary Friedman filed a motion to suppress tape recordings of certain telephone conversations that he made to his brother (an attorney) while in county jail. The trial court denied Friedman's suppression motion. Friedman appealed, claiming that the tape …
Article • May 15, 2007
California Guard Charged with Excessive Force in County Prisoner Death by Greg Fuher, a guard at the California San Joaquin County jail, was charged with assaulting prisoner Mondez Denmon while attempting to subdue him when he allegedly became threatening and assaultive while in custody. A grand jury indicted Fuher and …
Article • May 15, 2007
Excessive Force Against Detainee By Police Upheld by Manuel Orsonio, who was arrested and never charged with a crime, filed a State court lawsuit against Ernest Armond and two other Long Beach, California police officers, alleging excessive force and negligent infliction of emotional distress. Orsonio was awarded $282,000 in damages. …
Article • May 15, 2007
Preemptive Prisoner Assault Not Justified As Self Defense by In an unpublished opinion by the California Court of Appeals, State prisoner Travis Thompson, an African-American, was denied a defense of preemptive assault upon a Hispanic prisoner, allegedly to prevent such an attack upon him. Thompson was found guilty of assault …
Article • May 15, 2007
Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions by Federal Motions for Attorney Fees Must be Filed Within 14 Days of Disposition of Post-Trial Motions Ronald Bailey prevailed in a negligence/excessive force suit against police in Riverside County, California after they removed …
Article • May 15, 2007
California In-Prison Non-Violent Offense Cannot be Merged with Original Violent Sentence for Work Credit Awards by California In-Prison Non-Violent Offense Cannot be Merged with Original Violent Sentence for Work Credit Awards California's Fifth District Court of Appeals has held that a prisoner convicted of a non-violent in-prison offense should not …
California Prisoner Wins Ban on Dungeons and Dragons; Attorney Fees Awarded by Kevin Bruce, a California state prisoner won a lawsuit in federal district court challenging the constitutionality of Folsom Prison's ban on the possession of material associated with the game Dungeons and Dragons (D & D). As a result, …
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 …
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