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§ 1983 Disciplinary Challenge Available to Parolee Because Habeas Would Be Moot by John E Dannenberg § 1983 Disciplinary Challenge Available To Parolee Because Habeas Would Be Moot by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals ruled that a prisoner suing under 42 U.S.C. § 1983 for …
$108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E Dannenberg $108,352 Attorney Fee Award Approved in California Prisoner ADA/RA Suit by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals approved attorney fees/costs totaling $108,352 for litigation efforts in gaining injunctive relief under the Americans …
Brief • April 7, 2004
McDonough v. County of Ventura, CA, Complaint, Police Shoot and Kill Teenager, 2004 PETER M. WILLIAMSON, State Bar No. 97309 WILLIAMSON & ASSOCIATES 2 13915 Panay Way, Suite One Marina del Rey, CA 90292-6102 3 Tel: (310) 822-3377/ Fax: (310) 821-7027 1 BRIAN R. MAGA¼A, State Bar No. 57680 MAGA¼A, …
Brief • March 29, 2004
Brooks v Jorgensen, CA, Stip and Order for dismissal, medical neglect, 2004 >, .\~ \, " Case 3:02-cv-01362-JAH-NLS Document 49 e '!. 1 2 3 4 5 Filed 03/29/04 Page 2 of 4 e F' i l_ E0 DANIEL S. SILVERMAN (No. 137864) LIBBY A. RYAN (No. 207713) HELLER EHRMAN …
Article • February 15, 2004 • from PLN February, 2004
Justification for California Prisoner Shooting Death Disputed by Fresno County, California sheriff's investigators and California Department of Corrections' (CDC) officials disputed whether the shooting death of a Pleasant Valley State Prison (PVSP) prisoner on October 12, 2003 during a prison yard disturbance was justified based upon CDC's use-of-lethal-force protocol. Alejandro …
Article • February 15, 2004 • from PLN February, 2004
Work-time Credits Commence Jan. 1, 2004, in California Reception Centers by Beginning January 1, 2004, all California state prisoners in reception centers who are statutorily eligible for Penal Code § 2933 day-for-day work-time credits will automatically earn such credits by participating in a new mandatory in-cell-study educational program. This applies …
$900,000 Settlement in California Alcoholic's Jail Death From "DTs" by The County of San Joaquin agreed to pay $550,000, and the City of Lodi, California, $350,000, in a March, 2003 settlement of the 42 U.S.C. § 1983 complaint by the surviving children of a 31 year-old detainee with a long …
California Has Difficulty Placing First Released Sexually Violent Predator by The California Department of Correc-tions (CDC) released its first civilly committed sexually violent predator (SVP) in August, 2003, after he had "graduated" from seven years of rehabilitation at Atascadero State Hospital (ASH), CDC's lockup unit for SVPs. A large public …
California DOC Under Fire For Ex-Con Job Placements by Lonnie Burton In March 2003, California lawmakers launched an investigation seeking information as to why the state Department of Corrections (DOC) assisted in placing former prisoners in jobs that were termed questionable and inappropriate. DOC officials were called to testify and …
$177,000 Awarded in California Jail Medical Neglect Trial by John E Dannenberg by John E. Dannenberg On March 26, 2003, an Orange County, California Superior Court jury returned a verdict of $77,000 in compensatory damages against Orange County and County Sheriff Mike Carona, plus $100,000 in punitive damages, for ignoring …
$850,000 Settlement in LA County Jail Failure to Medicate Wrongful Death by The County of Los Angeles (LA), California settled a wrongful death claim on March 14, 2003 brought by the wife of an LA County Jail prisoner who died 2 ½ days after incarceration in August, 1999 because he …
No Presumption of Collateral Consequences from California Disciplinary Proceeding by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Ap- peals held that in a 28 U.S.C. § 2254 habeas proceeding, a guilty finding in a California state prison disciplinary proceeding would not be accorded a …
Qualified Immunity Standards Tightened in Prison Murder Suit by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals brought its law of the Circuit into compliance with recent U.S. Supreme Court case law to add the additional test of "knowing unlawfulness" in Eighth Amendment prisoner …
Article • January 15, 2004 • from PLN January, 2004
Kickbacks Dominate Fresno Jail Contracts by Gary Hunter Close scrutiny is being given to the Sheriff's Foundation for Public Safety and its leader, Fresno County Sheriff Richard Pierce. Many large donations received by the organization come from companies that have contracts with Fresno County. Pierce and eight other high-ranking sheriffs …
Article • December 15, 2003
Accounting Errors Plagued California Criminal Justice Agency by A defunct California agency charged with distributing grant money for crime prevention and victim aid may have cost the state millions in federal funds due to poor accounting practices, state auditors said on February 2, 2005. Lawmakers knew something was wrong at …
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 …
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