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Stun Belts in Court Unconstitutional by A federal district court in California held that the use of stun belts, as a control device on criminal defendants in courtroom proceedings, raises serious questions as to the practices' constitutionality. As a result, the court issued a preliminary injunction (PI) enjoining the Los …
Article • September 15, 1999 • from PLN September, 1999
Transsexual Awarded $755,000 in Jail Strip Search by In May, 1999, a federal jury in San Francisco, California, awarded Victoria Schneider $755,000 in damages for a strip search she was subjected to in the San Francisco county jail in 1996. Schneider, a post operative male to female transsexual, was arrested …
Brief • August 26, 1999
Dahl v. Conlosh, CA, Transcript Cross Examination Joe Callanan, 1999 J CENTRAL DISTRICT OF CALIFORNIA ] HONO.RABLI~ ALICEjyjAJ.ZIE E.. S'rO,]:LER ( lJlJDGE PRESIDING 6 ~TAJ:-'lgS CHRT SJ:OPHE.'R DAHl" 7 Plaintiff I SA (:V 91-475(A)--AHS Vi:>. 1.0 ) ) .! ..;.i CROSS-EXAMINATION OF: WITNESS JOE CALLANAN 17 Tllursday, Augu~t: 26, 1999 …
Brief • August 26, 1999
Dahl v. Conlosh, CA, Joe Callahan Deposition, Police Excessive Force, 1999
Article • August 15, 1999 • from PLN August, 1999
Filed under: Organizing
Prison-Industrial Complex Conferences Are Spreading the Word by Hans Sherrer Awareness of the devastatingly negative impact of the politically driven criminal justice system on American society continues to grow. On the week-end of April 10th, there were two conferences in the U. S. dedicated to exposing its normally hidden aspects …
Article • August 15, 1999 • from PLN August, 1999
California Guard Union Doles Out Millions to Politicians by The California Correctional Peace Officers Association (CCPOA) is the union which represents California's 28,000 prison guards. The union is also one of the most powerful political players in state politics. The union supports mandatory sentencing, including "three strikes" laws; increased prison …
Article • July 15, 1999 • from PLN July, 1999
Human Feces in California Prison's Water by Willie Wisely Human Feces In California Prison's Water by W. Wisely For years, guards and staff at California's Tehachapi prison have kept a secret. A secret now exposed in a lawsuit pending trial in a Fresno County federal court. A secret discovered by …
Article • July 15, 1999 • from PLN July, 1999
No Suspicion Required for California Parolee Searches by The California supreme court held that no suspicion of any wrongdoing is required for the warrantless searches of the homes and property where California parolees reside. Rudolfo Reyes was a California parolee. As a condition of his parole Reyes had signed a …
Article • June 15, 1999 • from PLN June, 1999
Corcoran Prisoner Left Hanging by During a 3 a.m. bed check, a Corcoran (Calif.) State Prison guard spotted a prisoner dangling from a noose in a darkened corner of his ad-seg cell. But rather than pop open the cell door and determine whether he was dead or alive, prison guards …
Judge Throws Out Corcoran Sanctions by Willie Wisely by W. Wisely As state and federal investigations into brutality, corruption, and cover-ups at California's Corcoran prison expand, as the ink on multi-million dollar settlement checks is barely dried, and as the grass grown over the bodies of young men gunned down …
Article • May 15, 1999 • from PLN May, 1999
California Habeas Handbook: A Practical Guide to Habeas Law for California Prisoners (Review) by This 37 page booklet by attorney Kent Russell is designed for pro se California prisoners to understand the time limits and filing requirements of the federal Anti-Terrorism and Effective Death Penalty Act (AFDPA). Russell uses easy …
Jury Awards $2.3 Million for Slain San Quentin Prisoner, State Settles for $2.5 Milliion by Willie Wisely by W. Wisely On Monday, November 30, 1999, a federal jury awarded more than $2.3 million in damages to the family of a prisoner shot to death by a San Quentin guard. The …
County Bankruptcy Tolls FRCP 4(m) by The court of appeals for the Ninth Circuit held that a county's bankruptcy proceedings tolled Federal Rule of Civil Procedure (FRCP) 4(m) which gives plaintiffs 120 days in which to serve defendants with the lawsuit. In 1995 Gordon De Tie sued Orange County, California, …
Article • May 15, 1999 • from PLN May, 1999
Corcoran Shooting Death Suit Settled for $825,000 by On November 10, 1998, the California Department of Corrections (CDC) settled a lawsuit involving the 1994 shooting death of prisoner Preston Tate for $825,000. Tate, a black gang member, was in the Corcoran prisons Security Housing Unit (SHU) when guards placed him …
Article • April 15, 1999 • from PLN April, 1999
Physical Injury Requirement Not Retroactive by The court of appeals for the Ninth circuit held that 42 U.S.C. § 1997e(e) does not apply retroactively to suits filed before the Prison Litigation Reform Act's April 26, 1996, enactment. Byron Swan, a California state prisoner, filed suit in 1994 claiming a guard …
Article • April 15, 1999 • from PLN April, 1999
No Leave to Amend Complaint for IFP Litigants by In an important procedural ruling, the court of appeals for the Ninth circuit held that the Prison Litigation Reform Act (PLRA) had overruled prior circuit rulings requiring that In Forma Pauperis (IFP) litigants be given an opportunity to amend their complaints …
Article • April 15, 1999 • from PLN April, 1999
Seizure of Trust Account Interest Violates Takings Clause by The Court of Appeals for the Ninth Circuit held that prisoners possess a constitutionally protected property interest in the interest earned on prisoner trust accounts. The California Department of Corrections, (CDC), has established two separate types of trust accounts that prisoners …
Jury Awards $8,000 in California Prison Assault by On November 23, 1998, a federal jury in Sacramento, California, awarded state prisoner Johnny Garcia $8,000 in damages stemming from a prison assault. On January 3, 1994, Garcia (a member of the Northern Mexican prison gang, AKA Norteño) was placed in administrative …
Article • April 15, 1999 • from PLN April, 1999
Failure to Give Summary Judgement Notice is Reversible Error by The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be …
Spencer Applied to Parolee's § 1983 Claim by Spencer Applied to Parolee's § 1983 Claim Afederal district court in California held that a state parolee could file suit under 42 U.S.C. § 1983 challenging his parole revocation and an illegal parole search without first having a favorable ruling on these …
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