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Attorney Fee Award Upheld in Jail Suit by The court of appeals for the ninth circuit has upheld an award of attorney fees to the plaintiffs in a jail religious discrimination suit who did not win in court but who caused jail policies to be changed. The court also held …
Retaliation Claims Survive Sandin, but PI Reversed by The court of appeals for the ninth circuit has held that prisoner retaliation claims have survived the supreme court ruling in Sandin but that prisoners bear a heavy burden when seeking a preliminary injunction (PI) on a retaliation claim. In the December, …
Article • April 15, 1996 • from PLN April, 1996
Pelican Bay Psychiatrists Resign in Protest by In the August '95 issue of PLN we reported Madrid v. Gomez, the suit challenging conditions at the Pelican Bay State Prison in Crescent City, CA. Federal district court judge, Thelton Henderson, ordered the California Department of Corrections (CDC) to implement significant improvements …
Article • April 15, 1996 • from PLN April, 1996
Permanent Injunction Issued in Madrid by A PLN reader in Pelican Bay sent us a copy of a 26-page "Remedial Order RE: Exclusion From the Security Housing Unit" issued by U.S. district court judge Thelton Henderson on December 15, 1995. The reader who sent us the copy characterized it as …
Brief • March 23, 1996
Filed under: DNA Testing/Samples
California v. Wright, CA, Trial Transcript, DNA Errors, 1996 1 2 Excerpts from Noah Wright Hearings re Donna Dowden errors: 3 1 MUNICIPAL COURT OF THE STATE OF CALIFORNIA 4 2 MARIN COUNTY JUDICIAL DISTRICT 5 6 7 ---000--- 3 4 HON. JOHN A. SUTRO, JR., JUDGE DEPARTMENT NO. G …
Article • March 15, 1996 • from PLN March, 1996
Attorney Fees for Consent Decree Enforcement by The ninth circuit court of appeals partially reversed a district court ruling that use of 37mm gas guns was not appropriate for use on mentally ill prisoners and it affirmed an award of some $200,000 in attorney fees in monitoring a consent decree …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Money/Property, Forfeiture
US Supreme Court Grants Review in Forfeiture Cases by On January 12, 1996, the US supreme court granted certiori and agreed to rule on a trilogy of forfeiture cases. The cases are: Degen v. U.S ., Case No. 95-173, which involves the question of whether a foreign property owner waives …
Prison Officials Can't Moot Law Library Suit by Transfer by The court of appeals for the ninth circuit has ruled that prison officials cannot moot a court's order for injunctive relief by transferring the prisoner plaintiff to another prison. It also held that issues not raised in parties' opening appeal …
Exposure to Fumes Violates 8th Amendment by The court of appeals for the ninth circuit has held that it violates the eighth amendment to expose a prisoner to noxious fumes while he is locked in his cell. The court also discussed the application of qualified immunity in such cases. Steven …
Article • March 15, 1996 • from PLN March, 1996
Soledad Brother by Reviewed by Schulte, Elizabeth Review by Elizabeth Schulte This is a particularly relevant time to reissue Soledad Brother: The Prison Letters of George Jackson. This collection of letters that prisoner and activist George Jackson wrote from 1964 to 1970 speaks strongly of the brutality in the U.S. …
Article • February 15, 1996 • from PLN February, 1996
Partial Filing Fee Allowed by The ninth circuit explicitly reaffirmed prior rulings which permit the district courts to collect a partial filing fee from prisoner litigants. Two California state prisoners sought to file § 1983 lawsuits in federal court. Both requested permission to proceed in forma pauperis, without paying the …
Article • February 15, 1996 • from PLN February, 1996
CDC Hobby Shop Ruling Affirmed by In the February, 1995, issue of PLN we reported In Re Yakle , the habeas corpus petition granted by a California state Superior Court which held that Section 3100(a) of 15 California Code of Regulations, required the California DOC (CDC) to establish and maintain …
Article • December 15, 1995 • from PLN December, 1995
CA Guard Plants Ammo by California prison guard, Mark B. Hardisty, not satisfied with his share of gravy from the state trough, decided he'd get himself some extra overtime pay. "That is the allegation they've come up with," says Hardisty's lawyer, Mike Rains of the Department of Corrections' case against …
Lethal Gas Execution Cruel and Unusual by Dale Gardner Derek Humphry, President of the Hemlock Society, and Judge Marilyn Hall Patel have differing views on the virtues of inhaling lethal gas. Humphry, in his how-to-suicide-it manual Final Exit, recommends the use of potassium cyanide as a quick and "humane", although …
Article • November 15, 1995 • from PLN November, 1995
CA Prisoners Riot by On July 7, 1995, more than 250 prisoners at the Sierra Conservation Center (SCC), near Jamestown, CA, engaged in a brawl and riot at the 5,900 bed minimum security prison. The fight took place in the yard and housing units between white and Latino prisoners and …
Article • November 15, 1995 • from PLN November, 1995
Feeding at the Trough by The highest paid state employee in California isn't the governor, it is Darryl Andrade, a DOC lieutenant at the Avenal State Prison who earned gross wages of $108,989 in 1994. Andrade was one of 702 California prison guards, sergeants and lieutenants who made more than …
Article • October 15, 1995 • from PLN October, 1995
Translators Required for Medical Interviews by Pretrial detainees and convicted prisoners held in the Kern County, CA jail filed a class action suit challenging the jail's use of padded safety cells for violent and suicidal prisoners and other jail conditions. The district court held that the "safety cells," consisting of …
Article • October 15, 1995 • from PLN October, 1995
Madrid Published by In the August, 1995, issue of PLN we reported Madrid v. Gomez, the class action suit challenging conditions at Pelican bay State Prison in California. We noted that as we went to press the ruling had not been published despite having been issued on January 10, 1995. …
Article • October 15, 1995 • from PLN October, 1995
Filed under: Work, Prison Industries
The Bottom Line: California's Prison Industry Authority by Willie Wisely Imagine a half-billion dollar manufacturing company that uses slave labor, has little overhead, ignores state and federal laws regulating workplace safety, includes hazardous materials in the construction of its products, forces customers to buy those products under penalty of law, …
Brief • October 13, 1995
Alvarez v. City of Westmoreland, CA, Deposition, Police Use of Force, 1995 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA DOLORES ALVAREZ, FRANK ALVAREZ, and CHRISTINA ALVAREZ, ) ) ) Plaintiffs, ) ) v. ) ) CITY OF WESTMORELAND, LLOYD RUNNING, ) in his personal and official ) capacities, and …
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