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$320,000 Settlement in Wrongful Imprisonment Case

Article • December 19, 2017

Filed under: Police Misconduct, Wrongful Conviction, Wrongful Imprisonment

$320,000 Settlement in Wrongful Imprisonment Case by Christopher Zoukis by Christopher Zoukis A federal lawsuit alleging wrongful arrest and imprisonment by the LAPD settled for $320,000 on January 16, 2007. The case involved the murder of 16-year-old Martha Puebla, who was shot and killed outside her Sun Valley, California home. Puebla …

Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings

Article • December 19, 2017 • from CLN January, 2018

Filed under: Evidentiary Ruling

Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit affirmed the suppression of evidence of gang affiliation obtained without Miranda warnings. On July 4, 2012, Antonio Gilton was arrested for murder and invoked …

New California Law Safeguards Minors’ Rights When in Police Custody

Article • December 19, 2017 • from CLN January, 2018

Filed under: Juveniles, Police

New California Law Safeguards Minors’ Rights When in Police Custody by On October 11, 2017, California Governor Jerry Brown signed into law much-needed protection for minors who are targeted by police for questioning. Senate Bill 395 requires that minors 15 years of age or younger consult with a lawyer in …

Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims

Article • December 19, 2017 • from CLN January, 2018

Filed under: Judicial Misconduct, Searches, Discovery

Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims by Mark Wilson by Mark Wilson Applying the Discovery Rule in determining when the applicable two-year statute of limitations (“SOL”) begins to run on “judicial deception” claims, the U.S. Court of Appeals for the Ninth Circuit held that a claim brought …

Garcia v. County of Los Angeles, CA, Complaint, Wrongful Death (Negligent Police Shooting), 2017

Brief • December 18, 2017

Filed under: Shootings, Police--Excessive Force, Negligence/Reckless Endangerment

Garcia v. County of Los Angeles, CA, Complaint, Wrongful Death (Negligent Police Shooting), 2017 l PANISH SHEA & BOYLE LLP BRIAN J. PANISH, State Bar No. 116060 2 panish(@psblaw.com THOMAS. A SCHULTZ, State Bar No. 149578 3 schultz@psblaw.com JOHN W. SHALLER, State Bar No. 276084 4 shaller@psblaw.com 11111 Santa Monica …

Parada De Turcios v. County of Los Angeles, CA, Request and Order for Dismissal, Negligence (Motor Vehicle), 2017

Brief • December 18, 2017

Filed under: State Law Claims, Negligence/Reckless Endangerment

Parada De Turcios v. County of Los Angeles, CA, Request and Order for Dismissal, Negligence (Motor Vehicle), 2017 CIV-110 ATTORNEY OR PARTf WITHOUT ATTORNEY: STATE BAR NO: Mark A. Anderson, Esq. KUZYK LAW, LLP STREET ADDRESS: 1700 West Avenue K, Suite 101 c1w Lan caster TELEPHONE NO.: (661) 945-6969 263655 …

Changes to California’s Parole Scheme Not Unconstitutional

Article • December 14, 2017

Filed under: Appeals, Ex Post Facto, Parole, Parole Conditions

Changes to California’s Parole Scheme Not Unconstitutional by The Ninth Circuit Court of Appeals held the most recent voter approved changes to California’s parole laws do not violate the ex post facto clause. In 1988, California voters passed proposition 89, which amended the California constitution to grant the governor the …

California Court of Appeals Vacates Parole Denial for Claiming Innocence

Article • December 14, 2017

Filed under: Appeals, Parole, Habeas Corpus

California Court of Appeals Vacates Parole Denial for Claiming Innocence by Matthew Clarke by Matt Clarke On September 1, 2015, a California court of appeal vacated the decision of the Board of Parole Hearings to deny parole to a prisoner who had been convicted of first-degree murder and sentenced to …

California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole

Article • December 14, 2017

Filed under: Parole

California Court of Appeals Holds Consecutive Sentence Begins When Prisoner Found Suitable for Parole by In a decision handed down on May 14, 2015, a California court of appeals held that a prisoner's consecutive sentence for a felony committed while incarcerated (custodial felony) begins on the date he is found …

Despite Opposition, California Governor Moves to Reduce Prison Terms

Article • December 13, 2017

Filed under: Sentencing

Despite Opposition, California Governor Moves to Reduce Prison Terms by Matthew Clarke by Matt Clarke When California Governor Jerry Brown announced his intention of getting a voter initiative to reduce the length of time nonviolent prisoners would spend in prison onto the ballot, it engendered opposition ... and a sense …

Silverman v. County of Los Angeles, CA, Request for Dismissal, Sexual Harassment, 2017

Brief • December 12, 2017

Filed under: Supervisor-Staff Harassment, Prosecutor/Attorney General Misconduct, Attorney Misconduct

Silverman v. County of Los Angeles, CA, Request for Dismissal, Sexual Harassment, 2017 "- ... ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, a n d ~ } : W. SMITH .....GREGORY DIANA WANG WELLS FOR COURT USE ONLY {SBN 134385) (SBN 284215)/LEILA K. AL FAIZ (SBN 284309} LAW …

Delaney v. County of Los Angeles, CA, Settlement Agreement, Negligence (Auto Accident), 2017

Brief • December 4, 2017

Filed under: Negligence/Reckless Endangerment

Delaney v. County of Los Angeles, CA, Settlement Agreement, Negligence (Auto Accident), 2017 ;SETILl!31\W!i:!:'i\~1lltE~N'ItAND GENE~ Itt~L'.&A$~ s.raJ~ SEt'ft~M.EN:1?:KGI,{,~1$~1.'tt\~$1:Q-'OENETuAL.RELE.;NSE::·~h~tei)i?rJ:.~r-,t~f'erred'. ·!~~n~,!~i;r.cl!i!r:ii J~tigatlb:n tentitled' ,Ni:fegan. l::>elaney,,~~t:alc,wt ·_ ; of iJ:,os: Angeles;,. e~ :a'ldi!ttM ihos': Angeles· '.~,g1!Jj~'·'.$.:up~tforiG6.iiff;_;G~ .NQ;'1JQ~'?-(),~7; ~~r~ .:iifulirtef~if.oojfo.as tf.S.~IBt:1; RX~.P 0:tE?'.)', WIIBNJ<::S'SES'. ~!?G3f~~?i!Jii=iii~!~t~if!~ .assenin:::::l~iit::i1:t;r-~~:~iti~;,~t~1;:1::~f;t~=1-~!;!mf:~~m$ ~ii5t¼~:}1:!=Jtit::!'~!a"~:atiieh~~t::,::!:1! 1 :$$IE¢&t~~HEREF~~~;irr @~$;.<i·~rfltfort 2f.ill~jjronli§es h erii ittcol}t~m~:a.; …

$1.5 Million to Cali. Phlebotomist for Sexual Harassment Suit Against Supervising Police Officer

Article • December 1, 2017

Filed under: Supervisor-Staff Harassment, Harassment by Police, Police Misconduct

$1.5 Million to Cali. Phlebotomist for Sexual Harassment Suit Against Supervising Police Officer by Christopher Zoukis By Christopher Zoukis An Oceanside, California woman who provided phlebotomy services to the Oceanside Police Department for three months in 2008 was awarded $1.5 million on April 17, 2013. The jury award was for …

California Attorney Invoices Not Categorically Exempt from PRA Disclosure

Article • December 1, 2017

Filed under: Jail Specific, Attorneys, Guard Brutality/Beatings, Freedom of Information Act

California Attorney Invoices Not Categorically Exempt from PRA Disclosure by Mark Wilson by Mark Wilson The California Supreme Court held that legal billing statements in closed cases are not categorically exempt from disclosure under California’s Public Records Act (PRA). Modeled after the federal Freedom of Information Act (FOIA), the California …

Zee v. McDonnell, CA, Settlement Agreement, Retaliation (Wrongful Termination), 2017

Brief • November 29, 2017

Filed under: Retaliation for Organizing, Retaliation against Staff, Employee Litigation

Zee v. McDonnell, CA, Settlement Agreement, Retaliation (Wrongful Termination), 2017 SETTLEMENT AGHEEMl<:NT This Confidential Settlement Agreement and General Release of All Claims r·scttlcmcnt Agreement") is entered into between the following parties (''the Parties"): Plaintiff Tappan Zee ("Pluintifl") and Defendants Los Angeles County Sheriffs Department ("'LASD"). and County of Los Angeles …

Mental Health Consequences Following Release from Long-Term Solitary Confinement in California

Publication • November 28, 2017

Filed under: Conditions of Confinement, Control Units/SHU/Solitary Confinement, Mental Health

Mental Health Consequences Following Release from Long-Term Solitary Confinement in California Mental Health Consequences Following Release from Long-Term Solitary Confinement in California Consultative Report Prepared for the Center for Constitutional Rights Human Rights in Trauma Mental Health Lab, Stanford University Table of Contents Executive Summary 2 Introduction 4 Methodology 4 …

Cornell v. City and Cty San Francisco, CA, Opinion, Trainee Arrested, 2017

Brief • November 17, 2017

Filed under: False Arrest

Cornell v. City and Cty San Francisco, CA, Opinion, Trainee Arrested, 2017 Filed 11/17/17 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FOUR BRET CORNELL, Plaintiff and Respondent, A141016 & A142147 v. CITY AND COUNTY OF SAN FRANCISCO, …

The Monterey County Jail, a Report

Publication • November 17, 2017

Filed under: Jail Specific

The Monterey County Jail, a Report THE MONTEREY COUNTY JAIL A REVIEW OF PAST AND CURRENT PROBLEMS Monterey County Jail about 1885. Courtesy of the Monterey County Historical Society. 1 2 THE MONTEREY COUNTY JAIL A REVIEW OF PAST AND CURRENT PROBLEMS SUMMARY The Monterey County Civil Grand Jury (MCCGJ) …

$6.7 Million to Cali. Mom After Police Broke Her Ankle During Warrantless Entry

Article • November 16, 2017

Filed under: Searches, Excessive Force, Excessive Force (Police)

$6.7 Million to Cali. Mom After Police Broke Her Ankle During Warrantless Entry by Derek Gilna by Derek Gilna A San Jose woman, Danielle Burfine, won a settlement of $6.7 million for a federal civil rights lawsuit from the city of Santa Clara. Police body cam footage shows that on …

California SVP Determination Based on Hearsay Evidence Reversed

Article • November 16, 2017 • from CLN December, 2017

Filed under: Evidence

California SVP Determination Based on Hearsay Evidence Reversed by Mark Wilson by Mark Wilson The Court of Appeal of California, Second Appellate District reversed a Sexually Violent Predator (“SVP”) adjudication, finding that the State’s expert witnesses improperly testified about inadmissible hearsay evidence in support of their conclusion that the SVP …