by John E. Dannenberg
Dr. Bonifacio Esperanza, a physician formerly employed by the California Department of Corrections and Rehabilitation (CDCR), was accused of gross negligence by the Medical Board of California for his alleged mistreatment of seven prisoners at Centinela State Prison. The Medical Board filed a formal complaint against ...
No Private Cause of Action for Businesses Complaining that Competitor Unfairly Used Prison Labor
by John E. Dannenberg
The Washington Water Jet Workers Association (“Water Jet”) sued the Washington Department of Corrections (WDOC), claiming the WDOC had illegally contracted with a water jet firm, MicroJet, thereby violating the Washington state ...
Prisoner Litigation Swamps California Eastern District Court; Ninth Circuit Recruits Other Judges to Help
by John E. Dannenberg
The U.S. District Court, Eastern District of California, has reached a crisis stage due to excessive caseload, resulting principally from prisoner filings. Each of the Eastern District’s judges handled an average of ...
Los Angeles Sheriff Department Report: Prisoner Lawsuits Slowed, But Payouts Grew
by John E. Dannenberg
In its July 2008 25th semi-annual report, the Los Angeles County Sheriff’s Department (LASD) reviewed prisoner litigation against the county in the six-year period from 2001-2007. While the report noted a “welcome reduction” of new ...
by John E. Dannenberg
Kenneth Smith was convicted of committing a lewd act on his stepdaughter and sentenced to three years in prison, which was suspended in lieu of five years probation. Upon learning that Los Angeles County had a blanket policy disallowing registered sex offenders from leaving the county, ...
Washington Prisoner Suit for “Prevailing Wages” from Private Employer Fails
by John E. Dannenberg
The Washington state Court of Appeals has affirmed a superior court’s denial of a “prevailing wage” claim filed by state prisoners employed by Elliott Bay Metal, Inc.
(Elliott), a private employer operating inside prison walls under ...
TASER Avoids Liability in Three Deaths by Suing Medical Examiner
by John E. Dannenberg
Arizona-based TASER International, Inc. (TASER) was cleared of liability in the unrelated deaths of three drug-afflicted Ohio men who died shortly after being shocked with X-26 Taser stun guns during their apprehension by police. TASER had ...
by John E. Dannenberg
As delays mount, San Quentin’s proposed replacement Death Row facility is growing in cost while shrinking in size. In a June 2008 report to the Governor and Legislature, the state Auditor’s office made its first of two reports concerning the cost of the proposed facility being ...
Washington State’s Criminal Libel Statute Held Unconstitutional; Prisoner Disciplinary Conviction Vacated
by John E. Dannenberg
The Washington State Court of Appeal, Division 2, ruled that the state’s criminal libel statute was unconstitutional under U.S. Supreme Court precedent due to vagueness and for being overbroad. In so ruling, the appellate court ...
by John E. Dannenberg
Prison Health Services, Inc. (PHS) was granted a three-year, $366 million no-bid contract renewal to provide medical and mental health care services for New York City’s Rikers Island Jail, notwithstanding the company’s checkered record during its last three-year contract, which resulted in $793,000 in fines for ...