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Illinois Jail Guards Acquitted in Killings; California Jail Guard Acquitted in Beating by Sgt. Patricia Pultz and deputies Lawrence Koscianski and William Spatz of the Cook County, Ill. sheriff's dept. were acquitted on March 12, 2002 in the murder of Louis Schmude. Prosecutors allege Schmude's death on May 7, 2000, …
$275,000 Awarded in Stun Belt Settlement by The Ninth Circuit Court of Appeals partially reversed a preliminary injunction order that had enjoined the Los Angeles County Sheriff from using a stun belt on prisoners. After remand, a settlement for $275,000 and a change in policy was reached. Ronnie Hawkins, a …
Article • November 15, 2002 • from PLN November, 2002
Defendants' Convenience Justifies Transfer of Venue by California Department of Corrections (CDC) defendants successfully moved to transfer the original venue of a prisoner's civil rights lawsuit to another district - based upon convenience. Lisa Williams, a prisoner at Valley State Prison for Women (VSPW) near Fresno, CA sued prison officials …
Brief • November 15, 2002
Filed under: Settlements
Washington v. San Diego, CA, Complaint, $400k Settlement, 2006 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 1 of 24 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 2 of 24 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 3 of 24 Case 3:02-cv-00143-LAB-JMA Document 21 Filed 11/15/2002 Page 4 of 24 Case …
Article • October 15, 2002 • from PLN October, 2002
Exoneration of Conviction a Prerequisite to Legal Malpractice Claim in California by The California Supreme Court held that when criminal defendants sue their defense lawyer for legal malpractice, they cannot use the civil proceeding to prove their innocence. Rather, they must first gain either a reversal of their conviction or …
Article • October 15, 2002 • from PLN October, 2002
California Prison Law Libraries Survive by The California Department of Corrections (CDC) stipulated to ending its motion under the Prison Litigation Reform Act (PLRA) [18 USC §3262(b) et seq.] to terminate a 1976 consent decree which mandates prison law libraries in CDC prisons. In August 2002, the Ninth Circuit US …
Boot Camp or Boot Hill? Troubled Teens Suffer From Too Much Tough Love by Roger Hummel Boot Camp Or Boot Hill? Troubled Teens Suffer From Too Much Tough Love by Roger Hummel On February 15, 2002, Charles Long II was arrested on murder and child abuse charges growing from the …
Audit Shows Folsom Prison Mismanaged by Gary Hunter In December 2001, the state inspector general concluded an excoriating audit of a city-run prison in Folsom, California. The audit was the result of a six-month investigation that met a great deal of resistance from Folsom officials. It "revealed deteriorating buildings, broken …
Article • September 15, 2002 • from PLN September, 2002
Filed under: Medical, HIV/AIDS
From the Editor by Willie Wisely by Paul Wright Over the years, PLN has conducted a number of sample mailings to potential subscribers. This has always been a good way to expand our circulation, but such mailings are expensive to do. We have long recognized that our best outreach resource …
Article • September 15, 2002 • from PLN September, 2002
California Prisoners Remanded to Jail for Resentencing Do Not Accrue Jail Behavior Credits by California Prisoners Remanded To Jail For Resentencing Do Not Accrue Jail Behavior Credits For the narrow question of which behavior credits apply to a state prisoner remanded to county jail solely for resentencing, the California Supreme …
Article • September 15, 2002 • from PLN September, 2002
California Prisoner Gets New Heart by Gary Hunter In early January 2002, an unidentified California prisoner received a heart transplant at the Stanford Medical Center. It was the first time any state prisoner has received an organ transplant; and it is not without controversy. Inflated prison populations, longer prison sentences, …
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
PLRA Allows California Religious Preliminary Injunction by David Reutter by David M. Reutter The Court of Appeals for the Ninth Circuit has upheld the grant of a preliminary injunction to California Muslim prisoners .See: Mayweathers v. Terhune, 136 F. Supp. 2d 1152 (E.D. Cal. 2001). Prison officials appealed the injunction …
Article • August 15, 2002 • from PLN August, 2002
Filed under: Sentencing, Parole
Court Reviewability of California Parole Denials Survives; No Parole Policy Goes to State Supreme Court by Marvin Mentor The California Supreme Court let stand one appellate court's ruling that the California Board of Prison Terms' (BPT) lifer parole denial decisions were subject to court oversight under a "some evidence" standard, …
Brief • July 29, 2002
Filed under: Accidents
Gilliatt v. County of Sacramento, CA, Release, Jail Slip and Fall, 2002 CLAIM NO. L0200506 RELEASE· Fn-S Nb. 9-72419.-15 ' OF ALL CLAIMS KNOW ALL MEN BY THESE PRESENTS: That the Undersigned... be 10 9.. of lawful age. for sole consideration of SEVEN THOUSAND FIVE HUNDRED AND 00/100*** Dollars ($7, …
Brief • July 22, 2002
Filed under: Wrongful Imprisonment
Stucker v. County of Sacramento, CA, Claim, Wrongful Imprisonment, 2002 ..- Please file in person, or mail to· r~ Board of Supervi$ol'$, 700 H Street, ,-,...._ _~. . '-" Keep one (1) copy for your record. L02.0 all g \ (Hi .' -'450, Saentmento, CA 9581<& 'wi CLAIM AGAINST THE …
Article • July 15, 2002 • from PLN July, 2002
Ninth Circuit Reverses Dismissal for Failure to Comply with Rules by The Ninth Circuit Court. of Appeals has reversed a California District Court's dismissal of a federal prisoner's suit because the prisoner failed to comply with local court rules in filing an amended complaint. Federal prisoner Alejandro Ordonez filed suit …
Article • July 15, 2002 • from PLN July, 2002
Prisoners at Private Federal Prison in California Strike Over Food, Medical Care by Lonnie Burton On November 26, 2001, more than 1,800 prisoners at the Taft Correctional Institution (TCI) refused to report to work in protest of shortcomings in the prison's food and medical care. TCI, a privately run low-security …
Brief • July 12, 2002
Brooks v Jorgensen, CA, Complaint, medical neglect, 2002 Case 3:02-Cv-01aJAH-NLS Document 1 Filed ae2/02 Page 2 of 27 C' ,....... 1 2 3 4 137$64) L c. DANIEL S. SILVERMAN (State Bar No. LJ LIBBY RYAN (State Bar No. 207713) y 3' 30 HELLER EHRMAN WHITE & McAULIF~ liP \ …
Article • June 15, 2002 • from PLN June, 2002
Prisoner Killed in California Prison by Michael Rigby On the morning of Sept. 29, 2001, after his very first night in prison, Gary Avila was found dead in his cell, apparently strangled by his cellmate. Inside the cell Paul Posada paced nervously and muttered to himself. "Yeah, I did it," …
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