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California Prison Policy Restricting Book Orders Enjoined by The US District Court (ND Calif.) issued a permanent injunction against officials at the maximum security Pelican Bay State Prison (PBSP) that terminated their policy requiring vendors who shipped books, periodicals, magazines or calendars to PBSP prisoners to use a prison-supplied shipping …
California Prison Guards' Attorneys Convicted in Dog Mauling by Marvin Mentor On March 21, 2002, a San Francisco, California husband and wife attorney team, Robert Noel and Marjorie Knoller, who for years had defended prison guards at maximum security Pelican Bay State Prison (PBSP), were themselves convicted of manslaughter when …
Article • July 15, 2003 • from PLN July, 2003
California Governor Has Carte Blanche in Denying Lifer Paroles by Marvin Mentor The California Supreme Court ruled that the governor has almost unlimited power to reverse a decision of the parole board (Board of Prison Terms ("BPT")) and that his decision may be reviewed by a court only to see …
Injunctive Relief Ordered to Fix ADA Violations in California Parole Hearings by John E Dannenberg by John E. Dannenberg The Ninth Circuit US Court of Appeals upheld a December 1999 district court decision (USDC, N.D. Calif.) granting injunctive relief to the class of all California state prisoners and parolees having …
Article • July 15, 2003 • from PLN July, 2003
Secretly Recorded California Jail Phone Conversations May Be Used to Convict by John E Dannenberg by John E. Dannenberg The California Supreme Court held that jail detainees' unprivileged (non-attorney) phone conversations and visits may be secretly recorded and that that information may be used to convict. This ruling, which reversed …
Article • July 15, 2003 • from PLN July, 2003
California Ad Seg Requires Opportunity to Present Views, Gang Debriefing Upheld by In an unpublished opinion, the Ninth Circuit Court of Appeals held that due process requires that prisoners be afforded a meaningful opportunity to present their views to the critical decision maker in administrative segregation cases. The court also …
Guard's Prior Misconduct Wrongly Excluded from Rape Trial by The Ninth Circuit Court of Appeals held that the exclusion of evidence of a guard's prior improper sexual conduct against a former detainee warranted reversal. On Friday, January 31, 1997, Julie Ann Blind-Doan turned herself in to the Taft City Police …
Proof of Actual Rights Violation Required for Attorney Fee Award by The Ninth U.S. Circuit Court of Appeals, affirming the decision of a California Federal District Court, has held that a prisoner cannot be awarded attorney fees for winning a temporary restraining order (TRO) if the prisoner did not subsequently …
Article • June 15, 2003 • from PLN June, 2003
Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E Dannenberg Evidence Suppressed in California Ex-Parolee's Warrantless Search by John E. Dannenberg The California Supreme Court held that evidence seized by a police officer accompanied by the ex-parolee's parole officer during a warrantless search of the ex-parolee's motel room must …
Ninth Circuit Reexamines Standards for Qualified Immunity at Summary Judgment Stage in California Shooting Case by John E Dannenberg by John E. Dannenberg Amending its earlier decision at 240 F.3d 845 [PLN, June `01], the US Court of Appeals for the Ninth Circuit clarified the evaluation of qualified immunity claims …
Article • May 15, 2003 • from PLN May, 2003
San Mateo County Sues California Jail Phone Service Providers by San Mateo County Sues California Jail Phone Service Providers On July 7, 2002, the county of San Mateo, California, brought suit against Pacific Bell and AT&T alleging they cheated the county out of millions of dollars earmarked for a fund …
Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg by John E. Dannenberg Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been …
California Pays $1.1 Million in Prison Sexual Harassment Suits by In August 2002, California prison officials agreed to pay a settlement of $400,000 to former guard Terri Sanchez in the latest in a series of suits for aggravated sexual harassment filed by female guards at the California Correctional Center in …
Article • May 15, 2003 • from PLN May, 2003
No Right to Artificial Insemination by John E Dannenberg by John E. Dannenberg The US Court of Appeals for the Ninth Circuit ruled that the right to procreate is fundamentally inconsistent with incarceration, thereby upholding a California state prison policy disallowing a prisoner from sending a sperm specimen to his …
Article • April 15, 2003 • from PLN April, 2003
California Approves Forced DNA Extractions by California's Governor Gray Davis authorized the use of force to take DNA samples from state prisoners, when he signed Senate Bill 1242 into law on Sept. 17, 2002. Existing California Penal Code §§ 296, 296.1 and 296.2 codify the requirement and procedure for taking …
Forced DNA Sampling of California Prisoners Upheld by The California Court of Appeals upheld the California Department of Corrections (CDC) procedure of forcibly collecting blood and saliva DNA samples from prisoners convicted of specified violent crimes, including capital murder. Rejecting the privacy claims of eight women on Death Row, the …
California Guards Convicted of Arranging Prison Beatings, New Conspiracy Accusations Leveled by by Marvin Mentor On May 15, 2002, a federal criminal jury convicted two Pelican Bay State Prison (CA) guards of violating the civil rights of eight prisoners whom they conspired to have beaten and stabbed - two fatally; …
Article • March 15, 2003 • from PLN October, 2004
California Prisons Contract-Medical-Care Audit Reveals Millions In Waste by Marvin Mentor At a time when the California Department of Corrections (CDC) is already under intense Legislative criticism for overspending its annual budget by $544.8 million (see: PLN, Aug. 2004, p. 41), an April, 2004 report by the California State Auditor …
Article • March 15, 2003 • from PLN October, 2004
California Awards Wrongly Incarcerated Man $428,000 by The State of California awarded $428,000 on September 24, 2003 for the 12 years of false incarceration served by an East Palo Alto, California man whose murder conviction had been abated when Santa Clara County prosecutors became convinced they had put the wrong …
Article • March 15, 2003 • from PLN October, 2004
Mismanaged, Money-Losing Folsom City Prison Closed by John E Dannenberg by John E. Dannenberg Faced with losing $1.4 million in the following year, the City of Folsom, California, closed its 14 year-old, 380 bed minimum security prison and laid off most of the 70 city workers on June 30, 2003. …
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