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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 …
Article • April 15, 2007 • from PLN April, 2007
Los Angeles County Sheriff Immune from Suit on Jail Housing Policies by John Dannenberg by John E. Dannenberg The California Court of Appeal held that the Los Angeles (L.A.) County Sheriff was immune from suit under 42 U.S.C. § 1983 for injuries suffered by a prisoner who claimed his suffering …
Article • April 15, 2007 • from PLN April, 2007
California-Based Mental Health Systems, Inc.Fails 23 Audits by John Dannenberg by John E. Dannenberg San Diego, California-based nonprofit addict-counseling firm Mental Health Systems, Inc. (MHS) may have been making a profit on its annual revenues of $65 million, after all. In May 2006, the San Diego County Health and Human …
Article • April 15, 2007 • from PLN April, 2007
California DOC Stipulates to Providing Comprehensive Dental Care Program by John Dannenberg by John E. Dannenberg In settlement of a federal class action lawsuit on December 15, 2005, the California Department of Corrections and Rehabilitation (CDCR) agreed to provide dental care for all prisoners as set forth in a new …
California DOC Substance-Abuse Contractor Audits Reveal $5 Million in Overcharges by John Dannenberg by John E. Dannenberg California?s Inspector General (IG), the state?s overseer of the California Department of Corrections and Rehabilitation (CDCR), discovered $5 million in past overcharges from three substance-abuse treatment contractors, plus $258,250 in overstated expenses and …
Article • April 15, 2007 • from PLN April, 2007
California Corrections Standards Authority Chided by Inspector General for Failure to Develop Prison Guard Selection and Training Standards by Marvin Mentor The California Inspector General (IG) reviewed progress in October, 2006 on his seven earlier (2005) recommendations to the 19-member Corrections Standards Authority pertaining to development of selection and training …
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