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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 …
California Guards Indicted in Rapes by Willie Wisely By W. Wisely More than five years after they set two prisoners up to be raped, then concealed their crimes by falsifying documents and lying to investigators, five guards from California's Corcoran prison were indicted on October 8, 1998, by a Kings …
Article • February 15, 1999 • from PLN February, 1999
California Gas Chamber Ruling Vacated by In the April, 1995, issue we reported Fierro v. Gomez , 865 F. Supp. 1387 (ND CA 1994), affirmed at 77 F.3d 301 (9th Cir. 1996)[ PLN , Nov. 1996] which held that California's gas chamber was an unconstitutional means of execution. The supreme …
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
Article • January 15, 1999 • from PLN January, 1999
California Parolee Gag Order Lifted by The California Department of Corrections (CDC) admits it made a mistake when one of its agents tossed a parolee in jail for refusing to sign off on a parole condition banning him from talking to the media. Arthur Putney, 52, was jailed after parole …
Article • January 15, 1999 • from PLN January, 1999
BOP Visitors Subjected to Ion Scan by M L A memo has been posted alerting the population at USP-Lompoc [federal prison in Calif.] that a pilot program has been implemented whereby visitors will be scanned with a nuclear ion machine that detects "drug use". There are graduated penalties for those …
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