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Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by Any Reliance On AA or NA Participation During Parole Consideration Violates Establishment Clause by John E. Dannenberg The United States District Court, E.D. Cal., ruled that requiring a California life prisoner to attend Narcotics Anonymous (NA) …
Article • December 15, 2003
Probable Cause Determinations Required Within 48 Hours Of Warrantless Arrest by The U.S. Supreme Court held that probable cause determinations for warrantless arrests must be conducted within 48 hours, regardless of intervening weekends or holidays. Donald McLaughlin. brought 42 U.S.C. § 1983 action against Riverside County (California) and county officials …
California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Merit by California Sexually Violent Predator's Recurring Habeas Claims Ruled Not Moot, But Nonetheless Meritless by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that because the two-year interval between recurring civil commitment trials for …
Bloated Prison Budget Fuels California's Degenerative Incarceration Spiral by John E Dannenberg by John E. Dannenberg California's $5.3 billion prison spending plan was shaved only a miniscule $35 million in the August 2, 2003 $100 billion annual state budget - a "budget" that is admittedly $38.2 billion out of balance …
Article • November 15, 2003 • from PLN November, 2003
Pepper Spray Drift Injury Can Be Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where guards' pepper spraying of combatant prisoners in one cell did not violate their Eighth Amendment rights against cruel and unusual punishment, the drift of the …
Article • November 15, 2003 • from PLN November, 2003
Ninth Circuit Judge Investigated for Writing Condemned Prisoner by by Marvin Mentor California Attorney General Bill Lockyer called into question the impartiality of Ninth Circuit Judge Alex Kozinski as to death penalty cases after Kozinski and two other Ninth Circuit judges visited San Quentin State Prison in California, speaking with …
Brief • November 3, 2003
Filed under: Injury -- Misc., Evidence
Gosciniak v. Sacramento County, CA, Plaintiff's Reply to Motion for New Trial, 2003 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 1300 Clay Street, Suite 600 Oakland, California 94612 Telephone: (510) 622-7788 Fax: (510) 482-3873 Attorneys for Plaintiff UNITED STATES DISTRICT COURT …
Article • October 15, 2003 • from PLN October, 2003
Stun Belt Prejudice Reverses California Conviction by John E Dannenberg by John E. Dannenberg The California Supreme Court overturned a three-strikes conviction and remanded the case for a new trial because of the potential for psychological prejudice from a remote-controlled electronic stun belt on a defendant's demeanor during testimony, where …
Scandal-Ridden, Bankrupt MCI WorldCom Wins No-Bid California Prisoner Phone Contract by Marvin Mentor A renewed four-year no-bid prisoner phone contract was awarded in June, 2002 by the California Department of General Services to MCI WorldCom, a telephone conglomerate whose recent bankruptcy exposed the largest accounting fraud in US business history …
Article • October 15, 2003 • from PLN October, 2003
Nebraska Prisons Get Progressive Phone Contract by John E Dannenberg by Matthew T. Clarke In February, 2003, The Nebraska Department of Corrections (DOC) has contracted with AT&T to set up what may be the most progressive prisoner phone service in the United States. The five-year contract makes AT&T the sole …
California Taxpayer Action Forces Private Employer to Pay Prisoners Prevailing Wages by John E Dannenberg by John E. Dannenberg Under California Code of Civil Procedure §526a, a private citizen taxpayer may bring an action to compel an officer or agent of a municipality to restrain him from wasteful or injurious …
Article • October 15, 2003 • from PLN October, 2003
U.S. Supreme Court: Reviving Expired Statute of Limitations Violates Ex Post Facto by U.S. Supreme Court: Reviving Expired Statute of Limitations Violates Ex Post Facto Clause Reversing the California Court of Appeal, the U.S. Supreme Court ruled that California's recent law reviving criminal liability for previously time-barred prosecutions violated the …
Article • October 15, 2003 • from PLN October, 2003
California Prisoner Who Received First Heart Transplant Dies by A California man, who is believed to be the first prisoner in the nation to receive a heart transplant while incarcerated, died last December from complications relating to the operation. The man, whose name has never been released, was serving a …
Article • October 15, 2003 • from PLN October, 2003
First Amendment Protects Witnessing of California Executions by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals, finding a restrictive state prison regulation unconstitutional, ruled that public witnesses enjoy a First Amendment right to view California executions uninterrupted from the moment the condemned prisoner enters …
Article • September 15, 2003 • from PLN September, 2003
Ninth Circuit Affirms Constitutionality of RLUIPA by by John E. Dannenberg In a case of first impression, the Ninth Circuit U.S. Court of Appeals affirmed a district court ruling that the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) (42 U.S.C. § 2000 cc et seq.) passes constitutional …
Article • September 15, 2003 • from PLN September, 2003
Court Okay Needed Before Housing Mentally Ill Prisoners in California Supermax by Court Okay Needed Before Housing Mentally Ill Prisoners in California Supermax The US District Court (E.D. Calif.) issued an order preventing the CA Dept. of Corrections (CDC) from housing mentally ill prisoners in its psychologically isolating and debilitating …
Los Angeles County Liable Under § 1983 for Jail Detainee's Murder by Los Angeles County Liable Under § 1983 for Jail Detainee's Murder by Walter Reaves The following are summaries of the some of more significant, and interesting cases decided during the last several months dealing with issues important to …
Article • August 15, 2003 • from PLN August, 2003
U.S. Supreme Court Upholds California's Harsh Three-Strikes Law by John E Dannenberg U.S. Supreme Court Upholds California's Harsh Three-Strikes Law by John E. Dannenberg In two 5 to 4 decisions, the U.S. Supreme Court ruled that California's harsh "three strikes and you're out" law is not grossly disproportionate in violation …
Article • August 15, 2003 • from PLN August, 2003
Federal Prisoners Enlisted for Dangerous Computer Refurbishing by Lonnie Burton Federal Prisoners Enlisted for Dangerous Computer Refurbishing by Lonnie Burton In February 2002, it was announced that prisoners at a new federal prison in California will soon be partnering with companies such as Dell, IBM and Hewlett-Packard in a program …
America's Prisons Turn a Blind Eye to HCV Epidemic by Mark Wilson The hepatitis C virus (HCV) is an insidious and relentless disease which is highly unpredictable and eventually fatal. It is a chronic disease which is the leading cause of cirrhosis, liver failure and liver cancer which causes an …
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