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Brief • January 15, 1999
Padilla v. Ryan, CA, Settlement Agreement, Deaf Prisoners, 1999 AmandaK. Wilson, CSB #148401 2 3 Michelle L. Cheng. CSB #194072 PUBLIC INTEREST LAW FIRM III W. St John Street, Suite 315 San Jose, California 95113 Telephone: (408) 293-4790 4 .5 6 7 8 10 11 12 13 14 Linda D. …
No Interlocutory Appeal of Disputed Facts by The Court of Appeals for the Ninth Circuit held that prison officials may not appeal a district court's denial of their motion for summary judgment based on qualified immunity when the denial is due to disputed issues of material fact. Larry Thomas, a …
Article • December 15, 1998 • from PLN December, 1998
No Right For Media to Witness Execution by In the November, 1997, issue of PLN we reported California First Amendment Coalition v. Calderon , 956 F. Supp. 883 (ND CA 1997), where a district court in California issued an injunction requiring that California execution witnesses be given an opportunity to …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Critical Resistance: A Step Forward by Micah Holmquist Critical Resistance: A Step Forward in the Struggle Against Prisons by Micah Holmquist In the mid 1960s the Berkeley campus of the University of California was home to Free Speech Movement which set the stage for many of the social movements that …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Bay Area Students Protest Prison Spending by About 2,500 high school students from throughout the San Francisco Bay Area left class on Thursday, October 1, 1998 to attend a rally. They converged on a Bayfair train station in San Leandro. From there, protesters marched to an Alameda County Sheriff's Department …
Article • December 15, 1998 • from PLN December, 1998
Filed under: Organizing
Notes From Other Conference Participants by Notes from Other Conference Participants The conference was many things to many people. Perhaps, its biggest fault was that it tried to be all things to all people. The opening plenary, attended by more than 800 participants, had some inspiring moments. Unfortunately, it trailed …
Brief • November 24, 1998
Lucas v. White, CA, Plaintiff Memo in Support of Amended Motion for Attorney Fees, Sexual Assault, 1998 1 2 3 ROSEN, BIEN & ASARO, LLP MICHAEL W. BIEN Bar No.: 096891 SHANA MARGOLIS Bar No.: 189958 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 4 5 …
Article • November 15, 1998 • from PLN November, 1998
Failure to Exhaust Administrative Remedies Not Jurisdictional by A federal district court in California held that 42 U.S.C. § 1997e(a) is not a jurisdictional prerequisite for federal courts to hear prisoner lawsuits; administrative exhaustion under that statute is not required when a prisoner seeks money damages as relief and the …
No Administrative Exhaustion for Bivens Suit by No Administrative Exhaustion for Bivens Suits The court of appeals for the Ninth and Tenth circuits held that federal prisoners filing Bivens suits for money damages against Bureau of Prisons (BOP) officials need not exhaust administrative remedies where congress has made no provision …
Article • October 15, 1998 • from PLN October, 1998
Phone Profits 'Benefit' Jail Detainees by The Stanislaus County (CA) Jail has a contract with Correctional Communication Corp., a private telephone company that caters to the Prison-Industrial Complex, to provide phone service to the jail's 1,100 captive consumers. There are more than 100 phones in the county's jails. More than …
Corcoran Prison Sex, Lies, and Videotape by Willie Wisely by W. Wisely Iheard yelling and screaming. I heard batons hitting," Connie Foster told California lawmakers at a joint legislative hearing into brutality at Corcoran prison July 28, 1998. Foster, who worked at the prison from 1987 to 1996, spoke quietly …
Article • October 15, 1998 • from PLN October, 1998
California Lifers Covered by Tolling Statute by The court of appeals for the Ninth circuit held that California prisoners serving sentences of life with the possibility of parole fall within California Civil Procedure Code § 352(a)(3), which tolls the statute of limitations for persons "in execution under the sentence of …
Brief • September 23, 1998
Filed under: False Arrest
Riggio v. Bank of America, CA, Complaint, False Arrest, 1998 1 Anthony Boskovich, No. 121198 2 Law Offices of Anthony Boskovich 28 N. First Street, 6th Floor 3 San Jose, California 95113-1210 4 (408) 286-5150 5 Attorney for plaintiff GARY RIGGIO 6 7 8 IN THE DISTRICT COURT OF THE …
Article • September 15, 1998 • from PLN September, 1998
Filed under: Organizing
Critical Resistance Conference by Critical Resistance: Beyond the Prison-Industrial Complex is a national conference and strategy session that will occur at the University of California in Berkeley, September 25-27. There is still time for outside activists to register to attend the conference. If you are among the 1.8 million who …
California Guard Gets Prison in Child Molester Attacks by Willie Wisely by W. Wisely Jose Ramon Garcia, 42, was sentenced to four years and eight months in prison for soliciting Pelican Bay prisoners to assault alleged child molesters. The former prison guard's April sentencing in Del Norte County Superior Court …
Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …
CA ADA/RA Injunction Affirmed by In the September, 1997, issue of PLN we reported Armstrong v. Wilson , 942 F. Supp. 1252 (ND CA 1996) where a federal district court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-34 and the Rehabilitation Act (RA), 29 U.S.C. § …
Article • September 15, 1998 • from PLN September, 1998
CA Death Row Decree Ended by CA Death Row Decree Ended: A federal district court in California upheld the constitutionality of 18 U.S.C. § 3626 and terminated a consent decree that governed numerous conditions of confinement for death row prisoners at San Quentin. Shortly after the PLRA's enactment in 1996 …
ADA and RA Suits Not Barred by 11th Amendment by The court of appeals for the ninth circuit held that the eleventh amendment does not bar suits under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131, or the Rehabilitation Act (RA), 29 U.S.C. § 794. Developmentally disabled prisoners …
Administrative Exhaustion by Administrative Exhaustion: A federal district court in California held that prisoners filing suit under 42 U.S.C. § 1983 must first exhaust administrative remedies under 42 U.S.C. § 1997e(a). A California prisoner sued for money damages and declaratory relief after he was removed from a prisoner advisory council. …
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