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Article • November 15, 2000 • from PLN November, 2000
$35,000 Awarded to CA Prisoner in Beating Suit by On October 14, 1999, U.S. district court judge Susan Illston ruled that three Pelican Bay state prison guards had violated the Eighth amendment rights of prisoner Ricky Gray. Gray had filed suit under 42 U.S.C. § 1983 claiming that while being …
Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix by Ninth Circuit Reverses Madrid V. Gomez, Adopts Martin v. Hadix By Matthew T. Clarke The Ninth Circuit has ruled that the Prison Litigation Reform Act (PLRA) attorney fees caps do not apply to work performed prior to the enactment …
Article • October 15, 2000 • from PLN October, 2000
California Private Prison Riot by Willie Wisely By W. Wisely Racial brawling broke out between black and Latino prisoners at Victor Valley Community Correctional Facility March 1, 2000. Six prisoners were sent to hospitals near the Adelanto, California, medium security private prison operated by Marantha Private Corrections LLC. Fighting began …
Article • October 15, 2000 • from PLN October, 2000
$50,000 to Settle CA Jail Beating Suit by In April 2000, Sacramento county paid $50,000 to settle a prisoner's excessive force lawsuit that two Sacramento county jail guards, later fired for assaulting another prisoner, also beat him. Troyd Ransom was in the Sacramento county jail on a parole hold in …
The Restraint Chair: Safe and Humane? by Anne-Marie Cusac Jail and prison employees call it the "strap-o-lounger," the "barcalounger," the "we care chair," and the "be sweet chair." Prisoners and their lawyers have other names for the device: "torture chair," "slave chair," and "devil's chair." They are not referring to …
Article • September 15, 2000 • from PLN September, 2000
Deviant Doctors Dumped on Prisoners by How does a psychiatrist come by the "qualifications" required to work in a state prison? Not all prison doctors have questionable pedigrees, but the case of Dr. Valentino Andres is all too common. According to a California prisoner and PLN subscriber, Dr. Andres is …
Former Political Prisoner Settles Suit for $4.5 Million by On April 26, 2000, the city of Los Angeles, California and the federal government agreed to pay former political prisoner Geronimo Ji Jaga (formerly known as Elmer Pratt) $4.5 million to settle a wrongful imprisonment suit he had filed. Ji Jaga …
The Ride: Rise of the NLR by Willie Wisely THE RIDE: Rise of the NLR By W. Wisely With virtually all confirmed members of the Aryan Brotherhood indefinitely sentenced to Pelican Bay's infamous SHU, a new group moved in to fill the void on California prison yards. The pace of …
U.S. Parole Commission Retaliation Reversed by Scott Fleming The Ninth Circuit U.S. Court of Appeals issued a ruling that safeguards the due process rights of prisoners whose release dates are committed to the discretion of parole agencies. In Bono v. Benov, 197 F.3d 409 (9th Cir. 1999), the court affirmed …
Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape Suit by Mark Cook Counsel Awarded High EAJA Fee Despite Contingency Fee in BOP Rape suit By Mark Cook The U.S. District Court for the Northern District of California held: (1) prisoners' action was not one sounding in tort, …
Article • August 15, 2000 • from PLN August, 2000
California Statute of Limitations Tolled by The U.S. Court of Appeals for the Ninth Circuit has held that; (1) amended California tolling statute could be retroactively applied to former prisoner's claim; and (2) former prisoner was not entitled to equitable tolling. David Fink, a former California prisoner, filed a civil …
Sweeping ADA/RA Jail Settlement Benefits Hearing Impaired Prisoners by by Matthew T. Clarke A federal district court in California has approved a sweeping settlement of hearing impaired prisoners' claims in a civil rights, Americans with Disabilities Act (ADA), and Rehabilitation Act (RA) class-action suit against the Santa Clara County (California) …
Article • August 15, 2000 • from PLN August, 2000
CA 3 Strikers Entitled to Good Time by The Supreme Court of California held that: a defendant sentenced under the three strikes law (Pen.Code § 1170.12) is entitled to presentence conduct credits under Pen.Code § 4019. Otis Michael Thomas, a California prisoner, was found guilty of first degree residential burglary …
Brief • August 10, 2000
Filed under: Police/Govt Misconduct
D2K Convention Planning Center v. Parks, CA, Memorandum, Motion Police Harassment, 2000
Article • July 15, 2000 • from PLN July, 2000
Mailbox Rule Applies to Section 2254/2255 Motions by The Tenth Circuit Court of Appeals held that a prisoner's pleadings were filed at the time he mailed them, even though he used the prison's regular mail system instead of its legal mail system. While incarcerated at the Federal Correctional Institution in …
Brief • June 27, 2000
Diaz v. City of Garden Grove, CA, Notice of Application for Order Contempt Citation, 2000 R. Samuel Paz (Bar Number 62373) LAW OFFICES OF R. SAMUEL PAZ 1 Biltmore Court, Seventh Floor 520 South Grand Avenue 2 Los Angeles, California 90071-2645 Telephone: (213) 955-4271 3 Attorneys for Plaintiffs 4 PATRICIA …
Article • June 15, 2000 • from PLN June, 2000
The New Bedlam by Willie Wisely by W. Wisely Gary Hahn walks his dog, tugging at the leash, back and forth on the hardpan track at Lancaster prison's maximum security D Facility in California. Right arm folded, fist crammed into the small of his back, Gary walks bent over, his …
Article • June 15, 2000 • from PLN June, 2000
Riot at Private Prison by On November 14, 1999, hundreds of prisoners housed at a privately operated prison in Taft, California, rioted in protest over conditions, according to The Bakersfield Californian. Prisoners at the Wackenhut Corrections run facility broke windows, televisions, and furniture causing some $60,000 in damage at the …
Women in Prison: GAO Report by Julia Lutsky Reviewed by Julia Lutsky During the calendar years 1995 to 1998, approximately 31,400 women prisoners in the three largest U.S. jurisdictions made a total of 506 allegations of staff sexual misconduct; of these only 92, or 18 percent, were sustained. "Because many …
Contradictory Disciplinary Hearing Evidence Not Precluded From Use of Excessive Force Suit by Ronald Young By Ronald Young The U.S. district court for the East- ern District of California held that a prisoner was not precluded from introducing evidence contradicting factual findings of disciplinary proceeding instituted against prisoner as a …
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