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Article • July 15, 2004 • from PLN July, 2004
Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit by John E Dannenberg Ninth Circuit Dismisses California's Motion To Exclude Female Prisoners From Medical Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals dismissed on jurisdictional grounds the California Department of Corrections (CDC) officials …
$450,000 Settlement in California Prison Murder Suit by The California Department of Corrections (CDC) agreed on October 15, 2003 to pay $450,000 to settle the civil rights complaint brought by the surviving family of a prisoner murdered by his cellmate. Jeffrey Ford, an effeminate homosexual serving prison time for petty …
Article • June 15, 2004 • from PLN June, 2004
California's Proposition 36 Parole Violator Drug Treatment Program Covers Probation Violators by John E Dannenberg by John E. Dannenberg The California Court of Appeal judicially extended the reach of California's parole violator alternative drug treatment program, Proposition (Prop.) 36 (Nov. 7, 2000, codified at Penal Code §§ 1210, 1210.1, 3063.1) …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Commentary/Reviews, Reviews
The Inmate's Guide to Prison Health Care by John E Dannenberg by Dr. D.M. Granit, Two Rainbow Publishing Co., Oct. 2003, 106 pp. Review by John E. Dannenber The Inmate's Guide to Prison Health Care offers prisoners a unique perspective on how to get the best response to their health …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Work, Prison Labor
California's Budget Secret: Prisoners Form Core of Forest Fire Fighting Army by Peter Wagner California's Budget Secret: Prisoners Form Core of Forest Fire Fighting Army by Peter Wagner In California, up to three quarters of the crew members fighting California fires are prisoners. In exchange for a reduction in sentence …
Jury Finds for Corcoran Guards in Prisoner Rape Suit by Paige Welch On Tuesday, October 21, 2003, a jury found four employees at California State Prison, Corcoran not responsible for the rape of prisoner Eddie Webb Dillard by a fellow prisoner. The verdict was read by District Judge Anthony W. …
Article • June 15, 2004 • from PLN June, 2004
Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E Dannenberg Ninth Circuit Affirms California Parole Denial Based On "Some Evidence" by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals affirmed the U.S. District Court, E.D. Calif. denial of a California state lifer's federal habeas …
Article • June 15, 2004 • from PLN June, 2004
California Prisoner Not Earning Wages Is Denied Workers' Comp by John E Dannenberg California Prisoner Not Earning Wages is Denied Workers' Comp. by John E. Dannenberg The California Court of Appeals held that a prisoner injured on his job in the prison laundry was entitled to a $0.00 Workers' Compensation …
Article • June 15, 2004 • from PLN June, 2004
California Pays $1.25 Million for Woman Crushed by State Prison Bus by A Ventura County, California jury awarded $1.25 million on August 6, 2002 for the wrongful death of an 88 year-old woman who was run over by a full sized state prison bus as it was turning right out …
Article • June 15, 2004 • from PLN June, 2004
Los Angeles County Pays $2.75 Million for Illegal Strip Searches by John E Dannenberg by John E. Dannenberg The County of Los Angeles settled for $2.75 million the complaints of illegal strip searches and body cavity searches of female demonstrators at the Democratic National Convention in August, 2000, and the …
Article • June 15, 2004 • from PLN June, 2004
Qualified Immunity Appeal Deemed Frivolous; California Pays Beaten Prisoner $149,500 by ( In a prisoner 42 U.S.C. § 1983 suit alleging the brutal beating of a San Quentin prisoner by six guards, United States District Judge Charles Breyer (N.D. Cal.) threatened sanctions against California's State Attorney General Bill Lockyer if …
Article • May 15, 2004 • from PLN May, 2004
Filed under: Sentencing, Parole
California's New Governor Must Reconsider Former Governor's Parole Reversal by John E Dannenberg by John E. Dannenberg The California Court of Appeal found that former Governor Davis's reversal of the grant of parole for a second degree murderer was not wholly supported by "some evidence," and returned the case for …
Certification for Interlocutory Appeal Order Discussed in California Prison Labor Suit by A California federal district court has declined to certify an order for interlocutory appeal because the factual and legal issues in this case are not complex and will not necessitate protracted and expensive litigation. Richard P. Loritz, II, …
Pretrial Detainee Has Limited Right to Litigate Civil Matters by The U.S. Court of Appeals for the Ninth Circuit affirmed a district court's dismissal of a state prisoner's claim that he was denied access to court because he was detained in jail on an unrelated criminal matter. In April 1995, …
Article • May 15, 2004 • from PLN May, 2004
Applicability of FTCA to BOP Causes Circuit Split by David Reutter Applicability of FTCA to BOP Causes Circuit Split by David M. Reutter Three recent federal circuit court rul-ings exhibit a dispute between the circuits as to whether the Federal Tort Claims Act (FTCA) applies to property claims against the …
Article • May 15, 2004 • from PLN May, 2004
California Rules Violation for "Repeated Pattern" Must Involve Same Offense by California Rules Violation For "Repeated Pattern" Must Involve Same Offense The California Court of Appeal held that the California Department of Corrections' (CDC) regulation elevating a repeat infraction of an "administrative" violation to the level of a "serious" rules …
Article • May 15, 2004 • from PLN May, 2004
Local Rule Cannot Justify Summary Judgment When Factual Dispute Exists by David Reutter by David M.Reutter The Ninth Circuit Court of Appeals held the failure to file an opposing pleading, as required by local rule, in response to a motion for summary judgment is not grounds for entry of final …
Article • May 15, 2004 • from PLN May, 2004
Prisons Nationwide Fail to Treat HCV Epidemic by John E Dannenberg Prisons Nationwide Fail To Treat HCV Epidemic by John E. Dannenberg The JeopardyTM answer is: "The national average treatment rate for HCV-infected prisoners." The winning question is: "What is approximately 1%?" With HCV [Hepatitis-C] infection rates in state prisons …
City Immune in California Drunk Tank Beating Suit Because Prisoner Was Criminal, Not Civil Detainee by The California Supreme Court ruled that California Govt. Code § 844.6(a)(2) [governmental immunity for injury to prisoner] prevented a city jail detainee who had been beaten by another drunk tank prisoner from maintaining a …
California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review by John E Dannenberg California Initial Cell Assignments By Race Upheld, U.S. Supreme Court Grants Review by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that the policy of the California Department of Corrections (CDC) …
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