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Brief • August 8, 2016
Kaelin v. County of Riverside, CA, Consolidated Opp to MTD - Inmate Phone Systems, 2016 1 2 3 4 5 6 7 8 BARRETT S. LITT, SBN 45527 E-Mail: blitt@kmbllaw.com RONALD O. KAYE SBN 145051 E-Mail: rok@kmbllaw.com Kaye, McLane, Bednarski & Litt, LLP 234 Colorado Boulevard, Suite 230 Pasadena, California …
Article • August 5, 2016
CA Prisoners Win Appeal in Failure-To-Pay Interest Case by The U.S. Court of Appeals for the Ninth Circuit has remanded a case filed by several California state prisoners challenging a California Department of Corrections and Rehabilitation (CDCR) practice of refusing to credit the prisoners with interest earned on their accounts. …
Article • August 4, 2016
California, New York & New Jersey Crime Rates & Prisoners Plunge by Mark Wilson As the nation’s prison population increased 10 percent, from 1.2 million prisoners in 1999 to 1.3 million in 2012, the New York and New Jersey prison populations dropped 26 percent, according to a report released by …
California Parole Agents Often Have Dangerously High Caseloads by When Jaycee Dugard escaped from captivity in Oakland, California sex offender Phillip Garrido's backyard, it became apparent that both state and federal parole officers had missed multiple opportunities to discover and rescue her during the 18 years she was held captive. …
California Prison Staff Told to Fake Suicide Checks, Union Says by Joe Watson The new medical facility for prisoners in Stockton, California, run by the state's Department of Corrections and Rehabilitation (CDCR), was supposed to help correct the systemic problems CDCR has in providing adequate medical, dental and mental health …
Article • August 3, 2016
Excessive Force Upon California Grandmother Results in $250,000 Settlement by Los Angeles County paid $250,000 to settle a lawsuit alleging deputies used excessive force during the April 11, 2012, arrest of Marguerite Boyd.  Deputies responded to her residence upon receiving a call from her grandson stating she threatened to shoot …
Securus Faces Lawsuit Over Recorded Attorney Calls by Alex Friedmann On May 27, 2016, a class-action lawsuit was filed against Securus Technologies, Inc. in the U.S. District Court for the Southern District of California, accusing the company of recording privileged phone calls between prisoners and their attorneys as described in …
Article • August 2, 2016 • from PLN August, 2016
Popular New Snack Born Behind Bars by In 2009, Seth Sundberg was sentenced to five years for a fraudulent $5 million tax refund. The former pro basketball player had managed a California mortgage office and went from a comfortable living in the real estate industry to earning $5.25 a month …
Article • August 2, 2016 • from PLN August, 2016
Ninth Circuit Reverses Habeas Relief in California Death Penalty Case by Derek Gilna On November 12, 2015, the Ninth Circuit Court of Appeals delivered a setback to death penalty abolitionists by reversing a grant of habeas corpus relief to a California prisoner who argued that the state’s post-conviction process in …
Article • August 2, 2016 • from PLN August, 2016
Prison Conferences to be Held in Ohio, California by A conference described as “a Midwest convergence in support of prisoners’ struggles” is scheduled to be held in Columbus, Ohio from August 26-29. Titled “Bend the Bars 2016,” the event will consist of a series of workshops and discussions on issues …
Los Angeles County Undersheriff Convicted on Federal Obstruction, Conspiracy Charges by Christopher Zoukis Paul K. Tanaka, 57, the former second-in-command of the Los Angeles County Sheriff’s Department (LASD) and the elected mayor of Gardena, California, was found guilty on federal charges of obstruction of justice and conspiracy to obstruct justice …
Article • August 2, 2016 • from PLN August, 2016
California: Ninth Circuit Reverses Finding that Props 9 and 89 are Unconstitutional by Derek Gilna In February 2014, following a bench trial, U.S. District Court Judge Lawrence K. Karlton found that two California laws created as a result of state ballot initiatives “retrospectively increased punishments, in violation of the ex …
Discriminatory Firing of BOP Results in Jury Verdict, Settlement of $280,000 by A California federal jury found the Bureau of Prisons (BOP) liable for discrimination against a former investigative lieutenant.  The parties eventually settled the matter for $280,000. Isaac A. Asberry, a black male, worked for over 17 years at …
Article • August 1, 2016
California Police Pay $4.7 Million in Shooting of Unarmed Men: Refuse to Release Video by The City of Gardena, California, paid $4.7 million to settle a lawsuit involving the shooting death and wounding of two unarmed men.  The case illustrates problems with the failure of police to release video evidence …
Article • August 1, 2016
California City Settles Fatal Police Shooting Suit for $2.2 Million by On April 7, 2014, the City of Manteca, California settled a lawsuit over an allegedly unjustified fatal police shooting for $2.2 million. Parolee Ernesto Duenez, Jr., 35, was sitting in a pickup truck along with his friend, Rudy Camarena …
Article • August 1, 2016
Filed under: Failure to Treat
BOP Prisoner Receives $5,000 Settlement for Medical Care Claim by The federal Bureau of Prisons paid $5,000 to settle a prisoner’s civil rights action claiming deliberate indifference to his medical needs. Prisoner Herman Resnick claimed that while at U.S. Penitentiary Lompoc in California in 1998 he was denied two pairs …
Article • August 1, 2016
BOP Pays $50,000 in Trip and Fall Incident by The federal Bureau of Prisons paid $50,000 to settle a Federal Tort Claims Act that sought damages for injuries sustained during a trip and fall. Janice West, 71, was entering The Federal Detention Center in Dublin, California, on July 8, 1995, …
Article • August 1, 2016
BOP Guard Receives $75,000 Settlement for Discrimination Claim by A $75,000 settlement was reached in a lawsuit brought by a BOP guard who claimed discrimination based on his disability. Adrian Billingsley was a guard at FCI Lompoc in California, when he was hired on March 11, 1990, he had informed …
Double Costs and Attorney Fees Award Improper in Civil Rights Action by The Ninth Circuit Court of Appeals, in an issue of first impression, held the “double recovery of costs other attorney fees is just as impermissible as double recovery of attorney fees.”  The holding came in a case involving …
California Housing Classifications May Burden Religious Freedom, but Constitutional Liability Overcomes Burden by The Ninth Circuit Court of Appeals held a prisoner stated a claim under the Religious Land Use and Institutionalized Persons Act (RLUIPA) that his classification as racially eligible to house with non-“Aryan” prisoners interfered with his religious …
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