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$15 Million Class Settlement In Sacramento Jail Strip-Search Suits by The Sacramento California Sheriff's Department agreed to a record $15 million settlement on June 4, 2004 to resolve federal and state lawsuits for damages and injunctive relief regarding illegal strip-search practices at the Sacramento County Jail. The suits stemmed from …
Article • November 15, 2004 • from PLN November, 2004
Filed under: Money/Property, Interest
California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss by The Ninth Circuit U.S. Court of Appeals held that prisoners have nothing to recover in a claim for interest on their common trust account when the state's costs to administer the account exceed the interest generated, but …
No Restraint, No Consequences: Privatizing Overseas Intelligence Extraction by by Matthew T. Clarke The Center for Constitutional Rights, a New York-based nonprofit legal center, helped Iraqi prisoners file a class-action lawsuit against private "interrogation services" contractors Titan Corporation and CACI International Incorporated alleging that Iraqi citizens being held without charges …
Article • November 15, 2004 • from PLN November, 2004
$600,000 Settlement in California Prisoner Shooting Death by Marvin Mentor $600,000 Settlement In California Prisoner Shooting Death by Marvin Mentor California Department of Corrections (CDC) officials settled a wrongful death complaint for $600,000 brought by the survivors of Octavio Orozco, a prisoner at Pleasant Valley State Prison (PVSP) in Coalinga, …
California Private Prison Uprisings Kill 2, Injure 66 by Marvin Mentor Interracial prison riots occurred on October 27 and December 3, 2003 in two southern California privately-contracted minimum security prisons. Because California private prison contractors have no weapons not even pepper spray the riots continued for up to 90 minutes …
FTCA Claims for Sentence Miscalculation Accrues Upon Reversal; Statute of Limitations Tolled by The Ninth Circuit Court of Appeals has held that a civil action under the Federal Tort Claims Act (FICA) for negligently calculating a federal prisoner's release date, or otherwise wrongfully imprisoning the prisoner, does not accrue until …
Article • September 15, 2004 • from PLN September, 2004
California Prison Guard Union Scandal Goes Public by Woody Morgan The current leadership of the California Correctional Peace Officers Association has charged 10 current and former leadership members with wrongdoing. In internal documents received by the Lassen County Times, current President Mike DeWitt of the local CCPOA said both Mark …
Article • September 15, 2004 • from PLN September, 2004
Prisoner Shot Dead by Guard in California Prison Riot by One prisoner was shot dead and four others received wounds requiring outside hospitalization, in a 20 minute riot an October 12, 2003 at Facility "B" of Pleasant Valley State Prison (PVSP), a 5,000 man prison in Coalinga, California. The evening …
Article • September 15, 2004 • from PLN September, 2004
California Changes Policies for Prison Gangs and Security Housing Units by Charles F.A. Carbone by Charles F.A. Carbone, Esq. Major changes to prison gang management policies and the use of security housing units (SHU's) or super-maximum prisons are expected in California prisons due to the settlement of a lawsuit brought …
Article • August 15, 2004 • from PLN August, 2004
California Credit Restoration Denial Ruled Ex Post Facto by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D. Cal.) granted a writ of habeas corpus because it found the denial of earned restoration of a California state prisoner's disciplinary-based credit loss to be unconstitutionally retroactive. The Ninth …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Commentary/Reviews, Reviews
2004 Supplement to the California State Prisoners Handbook by John E Dannenberg 2004 Supplement to the California State Prisoners Handbook by Fama, McKay, Snedecker, Smith and the Prison Law Office, 230 pp. Reviewed by John E. Dannenberg A 230 page Supplement to The California State Prisoners Handbook has been released, …
Article • August 15, 2004 • from PLN August, 2004
California Prison Guards Organize to Sue Assaultive Prisoners by California Prison Guards Organize To Sue Assaultive Prisoners In a classic case of "man bites dog," California state prison guards have begun a program to sue prisoners whom they allege assaulted them. To prosecute these suits, 2,900 guards have organized the …
Article • August 15, 2004 • from PLN August, 2004
California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E Dannenberg California No-Parole-Policy Suits For Damages And Injunctive Relief Fail by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's dismissal of suits attacking an alleged unconstitutional no-parole policy that had been brought …
California Guard's Obscene Behavior Towards Prisoner Is Actionable by Marvin Mentor The Ninth Circuit U.S. Court of Ap-peals permitted a prisoner's damage suit for retaliation by guards whom he had grieved to proceed based on First Amendment grounds. Samuel Austin, incarcerated at California State Prison, Solano, was in the psychiatric …
Article • August 15, 2004 • from PLN August, 2004
Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E Dannenberg Permanent Injunction Against California Book Ordering Restrictions Affirmed by John E. Dannenberg The Ninth Circuit U.S. Court of Ap-peals affirmed the district court's permanent injunction (PI) against a California Department of Corrections (CDC) policy at its supermax Pelican …
Abu Ghraib, USA by Anne-Marie Cusac When I first saw the photo, taken at the Abu Ghraib prison, of a hooded and robed figure strung with electrical wiring, I thought of the Sacramento, California, city jail. When I heard that dogs had been used to intimidate and bite at least …
Article • July 15, 2004 • from PLN July, 2004
California Agrees to Provide Kosher Prison Diet Program by John E Dannenberg by John E. Dannenberg The California Department of Corrections settled a prisoner civil rights complaint on November 12, 2003 by agreeing to accord approved kosher-observant Jewish prisoners a Kosher Diet Program (Program). The Program provides guidelines for foods …
No PLRA Fee Cap When Injunctive Relief Obtained by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals held that in prisoner 42 U.S.C. § 1983 civil rights lawsuits where both injunctive relief and damages are won (hybrid cases), attorney fee reimbursement for achieving the …
Article • July 15, 2004 • from PLN July, 2004
California Class Action Lawsuit Targets Unauthorized Prison Phone Charges by A lawsuit currently pending in a California state court claims that certain providers of prison telephone services have improperly charged for collect calls from correctional institutions that were not authorized or accepted by the called party. The lawsuit, Condes v. …
Article • July 15, 2004 • from PLN July, 2004
California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E Dannenberg California Sex Offender Prison Classification Label Approved for Dismissed Charge by John E. Dannenberg The California Court of Appeals upheld the California Department of Corrections (CDC) regulation permitting administrative labeling of state prisoners as sex offenders …
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