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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), …
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 …
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