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Article • October 15, 1996 • from PLN October, 1996
Pepper Spray Unsafe? by COPWATCH, a citizens' group in Berkeley, CA, has noted an increase of in-custody deaths, and has pointed to pepper spray as possibly causing or contributing to those deaths. According to Berkeley Police Department Captain Doran, however, police officials consider pepper spray a safe alternative to firearms …
Jail Guards File Suit by Five jail guards, disciplined for throwing a blanket over the head of a mentally ill detainee and choking him into a coma, have sued the Santa Clara (Calf.) County Department of Correction and its two highest officials, claiming that they were unjustly scapegoated. The lawsuit, …
Publication • October 1, 1996
Baton Training Bulletin LAPD 1996 ... . ----·- P- -· ·. ~ WILUI L. 1m11• - . c + I I . CW JIOUf Volume lXVIII, Iaaue 11 -.Pilei . . . . .1811 CMIIID aa•Bit I OD£1 OL AliY public aaa.-bly of iDcU.Yicluala, be it for lawful prot"t or …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Classification, Transfers
Mass Transfer Madness by Willie Wisely by W. Wisely On April 1, 1996, the California Department of Corrections began the first phase of its "180/270" transfer plan for Level IV prisoners. All prisoners housed in Level IV prisons have been classified for retention in either a "180" or "270" degree …
Article • September 15, 1996 • from PLN September, 1996
Supreme Court Closes Double Jeopardy Door by Jeffrey Steinborn "Counsel, are you trying to show contempt for this court?" "No, your honor, I'm doing my best to conceal it." -- Attributed to Clarence Darrow in the Scopes "Monkey Trial" He had a point. Some days it's tough to conceal it. …
Article • September 15, 1996 • from PLN September, 1996
A Matter of Fact by The racial makeup of California prisoners is: 29% white, 33% black and 34% brown. But in California's supermax, Pelican Bay SHU, 14% are white, 17% are black and an astounding 60% are brown. In California's other SHU for male prisoners at Corcoran, 18% are white, …
Article • August 15, 1996 • from PLN August, 1996
Brig Fire Sparks Political Debate by Dan Pens On March 29, 1996, several "illegal aliens" allegedly used electrical wire to ignite toilet paper, sheets and mattresses at a military brig at Miramar Naval Air Station in California. The resulting fire, and especially the smoke, created havoc. Panicked prisoners began to …
Bivens Provides Remedy for Work Injury to BOP Prisoners by A federal district court in California held that prison officials may not retaliate against prisoners who request medical treatment; that the Prison Industries Fund is the sole remedy for federal prisoners who suffer work related injuries but does not bar …
Article • July 15, 1996 • from PLN July, 1996
Mysterious New Syndrome Discovered by by Dan Pens The Santa Clara County (Calif.) Board of Supervisors decided to commission a report. They assembled a team of independent corrections specialists to study every aspect of the county jail's operation. The County Supervisors wanted to find out why jail detainees seemed to …
Ninth Circuit Revisits Attorney Fees by The court of appeals for the ninth circuit has again held that attorney fee awards under 42 U.S.C. § 1988 should be awarded by district courts based on the relief achieved by the prevailing party. Institutional reform litigation by its nature is a long, …
California EFV Ban Enjoined by Past issues of PLN have reported on legislative efforts to eliminate or restrict prisoners access to Extended Family Visits in California. A series of state court rulings have been issued [See PLN, Feb., Apr., Sep, 1995, for more details] on this topic. Unable to completely …
Lucas v. White, CA, Complaint, Abuse of Inmates, 1996 1 2 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 DONNA PETRINE - 154833 M.J. TONY PAIKEDAY - 176051 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 3 4 5 LAW OFFICES OF GERI L. GREEN …
Article • May 15, 1996 • from PLN May, 1996
Summary Judgment Notice Must Be Given by Court by The court of appeals for the ninth circuit has reaffirmed that when a district court considers matters outside the pleadings in ruling on the sufficiency of a complaint it must give the plaintiff notice and allow the plaintiff an opportunity to …
Article • May 15, 1996 • from PLN May, 1996
Filed under: Civil Procedure, Discovery
Dismissal of Suit for Not Attending Deposition Reversed by The court of appeals for the ninth circuit held that a prisoner appearing at a deposition hearing, but refusing to testify, was not a "failure to appear" within the meaning of Fed.R.Civ.P. 37(d). Robert Estrada, a California state prisoner, had filed …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
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 …
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