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California Damage Suit Improperly Treated as Habeas Petition
Loaded on Aug. 29, 2017
published in Prison Legal News
September, 2017, page 15
Filed under:
Habeas Corpus.
Location:
California.
The California Court of Appeal, Third Appellate District, reversed a lower court’s orders treating a prisoner’s damages action as a habeas corpus petition and then denying relief.
California prisoner Ernest L. Cox filed a civil suit in state court against various prison officials, alleging sexual harassment, intentional infliction of emotional ...
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More from this issue:
- Opening the Door, by Jean Casella and Aviva Stahl
- American University Removes Statue of Imprisoned Native American Activist, by Derek Gilna
- Mississippi Closes Troubled Former Youth Prison
- Denver Man, Accused of Rape Due to Mishandled DNA, Has Lawsuit Dismissed, by Derek Gilna
- Prisoner Rights Event Prompts Florida Prison System Lockdown, by Derek Gilna
- California Prison Officials Shift Responsibility for Work Injuries to Prisoners, by Derek Gilna
- Oregon Parole Board Must Define Applicable Statutory Terms
- Oregon Prisoner’s Conversion Claim Against Guard Reinstated
- Florida, South Carolina, New Jersey Latest States to Pass Mugshot Extortion Laws
- Third Circuit Vacates Summary Judgment on SHU Strip Search Claims
- Prison Mailbox Rule Applies to Alabama Sentence Reconsideration Motions
- Oregon Prosecutors and Cops Bully Parole Board into Improperly Rescinding Parole; Court Orders Release
- Extensive Contraband Found During Shakedowns at Mississippi Prisons
- Milwaukee County Sheriff David Clarke’s Jail Under Fire for Deaths, Civil Rights Abuses, by Christopher Zoukis
- HOPE and SCF Probation Programs Criticized in Study, by Derek Gilna
- Utah Supreme Court Reverses Termination of Prisoner’s Parental Rights
- Plastic Spoon Not a “Dangerous Weapon” Under Oregon Law
- BJS Studies Show Number of Prisoners, Probationers Continues to Drop Slightly, by Derek Gilna
- DOJ Publishes Ten-step Program for Halfway House Reforms
- Missouri Prisoner’s IRA May be Seized for Incarceration Costs
- Oregon Prison Officials Must Provide Post-release Disability Care
- Abuses at Louisiana Jail Investigated, Ten Deputies Plead Guilty, by David Reutter
- HRDC/PLN Obtain Landmark Nationwide Censorship Settlement with Private Prison Company, by Derek Gilna
- Fifth Circuit Vacates Dismissal of Texas Grooming Policy RLUIPA Claim
- Ninth Circuit Reinstates Wiccan Prisoner’s Consent Decree
- Seventh Circuit Vacates Summary Judgment in Retaliatory Discipline Case
- $6.5 Million Jury Award in Oklahoma Jail Rape Lawsuit, by Matthew Clarke
- Almost 270 Die in Pre-trial Detention in Canadian Jails in Last Five Years, by Derek Gilna
- TN Prison Counselor Suspended for Posting Insults on Facebook, by Joe Watson
- Ninth Circuit: Courtroom Deputy Entitled to Qualified, Not Absolute, Immunity
- Numerous Lawsuits Filed Against Corizon Nationwide; Company Loses Contracts, by Matthew Clarke
- Federal Court Approves Landmark BOP ADX Mental Health Settlement, by Derek Gilna
- Exonerated Man Receives $6 Million in Malicious Prosecution Settlement, by Christopher Zoukis
- FCC Chairman Called Out on Conflict of Interest Concerning Prison Phone Company, by Carrie Wilkinson
- No Private Prisons in King County, Washington
- Private Prison Companies’ Plan to License “Baby Jails” Fails in Texas Legislature, by Bob Libal
- Iowa Supreme Court Upholds Automatic Disenfranchisement for all Felony Convictions, by Matthew Clarke
- Stolen Credit Cards Laundered Through Global Tel*Link in Ohio Prisons, by Christopher Zoukis
- Indiana Court Cannot Reduce 45-Day Filing Fee Time Limit
- With General Inch in Charge, We Can Expect Further Militarization of the Prison System, by Brian Dolinar
- Ohio State Criminal Convictions Threatened by Evidence Technician’s Misconduct, by Derek Gilna
- Deaths at North Carolina Jail Due to Lack of Medical, Mental Health Care
- Federal Judge Claims Three-year-olds Can Understand Immigration Law, by Christopher Zoukis
- Leader of Fraudulent Scheme Targeting Prisoners Convicted, Sent to Prison, by Christopher Zoukis
- Pretrial Diversion: Pay Not to Stay (in Jail), by Christopher Zoukis
- Brennan Center Asks: “How Many Americans Are Unnecessarily Incarcerated?”, by Derek Gilna
- Surgeon General’s Report: Substance Abuse Continues to Grow in America, by Derek Gilna
- California Damage Suit Improperly Treated as Habeas Petition
- New York Parole Board Repeatedly Held in Contempt; One Case Reversed on Appeal
- Los Angeles County Jail Faces Lawsuit Over Censorship of PLN
- Re-entry Program for Federal Prisoners on Supervised Release Has Low Participation
- From the Editor, by Paul Wright
- News in Brief
More from these topics:
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Ninth Circuit Grants Habeas Relief to California Prisoner on Napue Claim Because Prosecution Failed to Correct Informant’s False Testimony That He Did Not Receive Any Benefit In Exchange for His Testimony, Dec. 1, 2024. Informants, Habeas Corpus, Informants and Paid Witnesses, False Testimony.
- Public Defender Files Habeas Petitions for Detainees at “Horrific” Baltimore Lockup, Nov. 15, 2024. Failure to Treat, Conditions of Confinement, Hygiene Supplies, Disclosure of Records, Habeas Corpus.
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, Nov. 1, 2024. Habeas Corpus, Custodial Interrogations/Statements, Counsel - Right to.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.