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Article • March 15, 2003 • from PLN October, 2004
Stun Belt Violates Due Process; Habeas Granted by John E Dannenberg by John E. Dannenberg The Ninth Circuit Court of Appeals held that the use of a stun belt to restrain a California criminal defendant during his trial violated due process of law and was grounds for reversal upon a …
Article • March 15, 2003 • from PLN October, 2004
Guards Let California Prisoner Slowly Starve to Death by Guards Let California Prisoner Slowly Starve To Death Seventy-two year old Khem Singh, who spoke no English and was crippled and wheelchair-bound, died of starvation in his Corcoran State Prison Substance Abuse Treatment Facility (SATF) cell on February 16, 2004, after …
Article • March 15, 2003 • from PLN October, 2004
California Internet Injunction Upheld by The Ninth Circuit Court of Appeals upheld the statewide permanent injunction issued by the U.S. District Court (N.D. Cal.) enjoining the California Department of Corrections' (CDC) policy prohibiting prisoners from receiving Internet-generated mail. Prison Legal News also filed a friend of the court brief on …
California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor California Three-Year Lockdown of "Southern Hispanics" Held Unconstitutional by Marvin Mentor A Del Monte County, California superior court ruled on December 10, 2002 that a three year lockdown of "Southern Hispanics" at maximum security Pelican Bay State Prison (PBSP) …
$2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor On May 8, 2002, a California superior court jury awarded $2.5 million in damages for negligent medical care to a severely diabetic state prisoner, who, debilitated from insulin shock, broke his neck in a fall sustained while trying to …
Drug Addiction Disability Cannot Be Used to Deny Parole by by John E. Dannenberg The Ninth Circuit US Court of Appeals held that California life prisoners could not be denied parole because of a drug addition disability that fell within the reach of the Americans with Disabilities Act (ADA). Charles …
Article • March 15, 2003 • from PLN March, 2003
California Parole Official Demoted by The vice chairman of the California parole board, Jones Moore, was recently demoted after board Chairwoman Carol Daly received what she termed "an unacceptable number of complaints" about Moore's behavior from numerous attorneys representing prisoners at their parole hearings. In an August 27, 2002, letter …
$90,169 Plus Injunction in California Retaliation Suit by by John E. Dannenberg In a jailhouse lawyer retaliation suit where both expungement of prison records and $9,000 in damages were awarded, the US District Court (E.D. Calif.) awarded $2,000 for expenses, $8,447 in costs and $70,812 in attorney fees because the …
Article • March 15, 2003 • from PLN March, 2003
Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached by The Ninth Circuit US Court of Appeals held that veterans benefit funds deposited to a state prisoner's prison trust account could not be attached by prison authorities, even to pay an overdraft they accorded him for dental appliances he …
Article • March 15, 2003 • from PLN March, 2003
Court Must Notice Pro Se Prisoner of Resonse Rights Before Granting Summary Judgment by by John E. Dannenberg The Ninth Circuit US Court of Appeals reversed a district court's grant of defendant's motion for summary judgment because the district judge failed to give fair notice to the pro se prisoner …
All California Prisoners Win Upgraded Medical Care by John E Dannenberg by John E. Dannenberg On January 25, 2002, the California Department of Corrections (CDC) entered into a settlement in a class action lawsuit that will upgrade medical care for 157,000 prisoners at all 33 California state prisons. Following the …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
Article • January 15, 2003 • from PLN January, 2003
All Aspects of Inadequate Medical Need Not Be Exhausted by A federal court in California held that it is not necessary for a prisoner to allege every aspect of inadequate medical care claims in a grievance for purposes of exhausting administrative remedies under the Prison Litigation Reform Act (PLRA). On …
Los Angeles County Settles Overdetention Suits for $27 Million by John E Dannenberg by John E. Dannenberg In the largest legal settlement in its history, the Los Angeles County Board of Supervisors agreed in May, 2002 to pay $27 million to compensate 400,000 former jail prisoners who had been held …
California's Parole Revocation System Violates Due Process by John E Dannenberg by John E. Dannenberg In a class action civil rights case, the United States District Court (E.D. Calif.) held that California's parole revocation system violates procedural due process of law because it does not provide for a preliminary hearing …
Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion to Dismiss by Inartful Pro Se Exhaustion of Administrative Remedies Survives Motion To Dismiss The US District Court (S.D. Cal.) held that the inartful pro se pleadings of a California state prisoner were sufficient to exhaust his administrative remedies for purposes …
Article • December 15, 2002 • from PLN December, 2002
Son of Sam II Law Enacted in California by Son Of Sam II Law Enacted in California In a legislative move designed to circumvent a recent California Supreme Court ruling holding that California's "Son of Sam" law (which prohibited prisoners from profiting from their crime stories) was unconstitutional, Senate Bill …
Article • December 15, 2002 • from PLN December, 2002
California's "Son of Sam" Law Held Unconstitutional by John E Dannenberg by John E. Dannenberg The California Supreme Court overturned the state law confiscating a convicted felon's profits derived from any form of expressive material that recounted the exploits connected with his/her conviction. Following the U.S. Supreme Court decision in …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Crime/Demographics, Crime
HUD Leases Must Evict Innocent Tenants for "Any" Drug Activity by HUD Leases Must Evict Innocent Tenants for "Any" Drug Activity Four tenants of Oakland Housing Authority (OHA), public housing subsidized by the U.S. Department of Housing and Urban Development (HUD), faced eviction proceedings from their apartments because of the …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Work, Prison Industries
Private Employer Must Pay $841,000 Back Wages to 167 California Prisoners by John E Dannenberg ( A San Diego California Superior Court judge ordered CMT Blues, a garment manufacturer, to pay 167 prisoners it had employed at the R.J. Donovan Correctional Facility state prison to pay $841,000 in back wages …
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