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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) …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply by Prior To Reversal And Reconviction, California Prison Credits, Not Jail Credits, Apply The California Supreme Court held that when a prisoner's conviction is overturned on appeal, and a new conviction is obtained upon retrial, the time that …
Article • April 15, 2004 • from PLN April, 2004
California Parole Violators' Due Process Rights Upheld in Settlement by California Parole Violators' Due Process Rights Upheld in Settlement In a November 17, 2003 Stipulated Or-der for Permanent Injunctive Relief (PI), defendant California prison officials settled a nine-year old federal class action suit brought by parolees whose due process rights …
BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby BOP, FBI Investigations in Texas, Oregon, Arizona, and California Federal Prisons by Michael Rigby Murder, riots, drug overdoses, and allegations of official corruption have prompted the Bureau of Prisons (BOP) and the FBI to launch investigations …
Article • April 15, 2004 • from PLN April, 2004
Blind Prisoner Must Exhaust Administrative Remedies by Blind Prisoner Must Exhaust Administrative Remedies The Fifth Circuit Court of Appeals held that a blind prisoner is not excused from the administrative exhaustion requirement of the PLRA, and that a state court finding the prison systems grievance procedure violates Louisiana's State Constitution …
Article • April 15, 2004 • from PLN April, 2004
Filed under: Sentencing, Good Time
California Presentencing Credits Upheld For Jail Time in Another County by John E Dannenberg California Presentencing Credits Upheld For Jail Time in Another County by John E. Dannenberg The California Supreme Court ruled that while a prisoner was on pre-trial bail from one county, but had been arrested for an …
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