Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
15-17123
|
Olivas v. State of Nevada ex rel. Dept. of Corrections
Complaint against Nevada Dept. of Corrections and officers improperly dismissed because former prisoners are not subject to Prison Litigation Reform Act's screening requirement. |
Prisoners Rights |
|
May 22, 2017 | |
16-15277
|
Nordstrom v. Ryan
Arizona Department of Corrections' policy of reading inmates' outgoing legal mail violates Sixth and First Amendments. |
Prisoners Rights |
|
May 19, 2017 | |
14-15309
|
Greenway v. Ryan
Counsel's failure to raise Arizona impulse defense does not constitute ineffective assistance as defense theory argued that defendant was not involved in killing of victims. |
Prisoners Rights |
|
May 12, 2017 | |
15-56057
|
Andres v. Marshall
Prisoner is deemed to have exhausted available administrative remedies when prison officials fail to respond to his grievance, thus permitting excessive force action to proceed. |
Prisoners Rights |
|
Apr. 24, 2017 | |
14-35078
|
Hayes v. Idaho Correctional Center
First Amendment protects prisoner's right to be present when his civil legal mail is opened by prison officials. |
Prisoners Rights |
|
Mar. 6, 2017 | |
14-15271
|
Mangiaracina v. Penzone
Prisoner's claim alleging envelopes were marked as legal mail sufficient for claim under Sixth Amendment right to be present while jail officials open legal mail. |
Prisoners Rights |
|
Mar. 6, 2017 | |
14-16644
|
Dixon v. Baker
Court improperly dismissed habeas case after amended petition raised unexhausted claims, as petitioner filed state claims pro se, lacking ability to understand technical requirements of exhaustion. |
Prisoners Rights |
|
Feb. 3, 2017 | |
15-15320
|
Manley v. Rowley
Conflicting narrative of prison cell removal not captured on camera constitutes dispute over material facts, barring summary judgment in excessive force case. |
Prisoners Rights |
|
Jan. 30, 2017 | |
15-16282
|
Byrd v. Maricopa County Board of Supervisors
Court errs in sua sponte dismissing prisoner's civil rights complaint challenging prison policy of allowing female guards to observe pretrial detainees showering and using bathroom. |
Prisoners Rights |
|
Jan. 8, 2017 | |
H041812
|
In re Lambirth
30-day limit on appeals from classification committee decisions applies to submission of appeal, not receipt by correctional facility. |
Prisoners Rights |
|
Nov. 22, 2016 | |
13-15554
|
Shepard v. Quillen
Plaintiff-inmate wins reversal of summary judgment where genuine issue of material fact exists as to whether corrections lieutenant retaliated against inmate for reporting officer misconduct. |
Prisoners Rights |
|
Oct. 26, 2016 | |
13-17620
|
Furnace v. Giurbino
Despite different legal theories in multiple suits, second suit barred by claim preclusion as challenges to gang member classification and secured housing unit placement fall under same primary rights. |
Prisoners Rights |
|
Sep. 29, 2016 | |
D069629
|
In re Ilasa
Parole Board determination involves constitutionally-protected liberty interest such that due process judicial review is merited; evidence supports Board's parole denial. |
Prisoners Rights |
|
Sep. 20, 2016 | |
14-15189
|
Mendiola-Martinez v. Arpaio
Inmate shackled during labor wins partial victory in civil rights action, securing reversal of summary judgment in county-defendants' favor. |
Prisoners Rights |
|
Sep. 12, 2016 | |
14-56946
|
Rademaker v. Paramo
Erroneous jury instruction regarding asportation does not merit habeas relief as state appellate court reasonably deemed error harmless. |
Prisoners Rights |
|
Aug. 30, 2016 | |
H042652
|
In re Mancillas
Pen. Code Section 1203.2a applies to defendants whose probation has been summarily revoked, barring jurisdiction for court that did not issue order within proper time limit. |
Prisoners Rights |
|
Aug. 24, 2016 | |
13-56647
|
Washington v. L.A. Cty. Sheriff's Dep't
Partial 'Heck' dismissals, 'Younger' abstentions not 'strikes' under Prison Litigation Reform Act. |
Prisoners Rights |
|
Aug. 15, 2016 | |
13-56104
|
El-Shaddai v. Wang
Failure to pay filing fee after denial of IFP status in previous cases does not count as 'strike' under the Prisoner Litigation Reform Act. |
Prisoners Rights |
|
Aug. 15, 2016 | |
12-16935
|
Nettles v. Grounds
State prisoner's claim seeking expungement of rules violation does not fall within 'core of habeas corpus' and should be brought under 42 U.S.C. Section 1983 instead. |
Prisoners Rights |
|
Jul. 27, 2016 | |
11-56949
|
Curiel v. Miller
Statutory tolling period for habeas petition extended as California Supreme Court's denial citing deficiency of pleadings cases overrules lower court denials based on timeliness. |
Prisoners Rights |
|
Jul. 26, 2016 | |
15-339
|
Ross v. Blake
Prisoner's Section 1983 action revived despite alleged failure to exhaust administrative remedies where issue remains whether such remedies were, in fact, available. |
Prisoners Rights |
|
Jun. 6, 2016 | |
13-35972
|
Kelly v. Wengler
Award of attorney fees to plaintiffs' counsel representing prisoners affirmed following contempt order against prison staffing company found in violation of settlement agreement. |
Prisoners Rights |
|
May 24, 2016 | |
15-35283
|
Hamby v. Hammond
Because it is 'at least debateable' that prison officials complied with Eighth Amendment, they are entitled to qualified immunity relating to denial of inmate's request for surgery. |
Prisoners Rights |
|
May 3, 2016 | |
13-36217
|
Mitchell v. Washington
State doctor not civilly liable to Hepatitis C patient, committed as a sexually violent predator, for refusing to recommend certain treatment. |
Prisoners Rights |
|
Mar. 15, 2016 | |
14-15613
|
Gilman v. Brown
California inmates unsuccessfully challenged two voter-passed Propositions that amended the state's parole system on ex post facto grounds. |
Prisoners Rights |
|
Feb. 23, 2016 | |
14-844
|
Bruce v. Samuels
Prisoner Litigation Reform Act of 1995 requires simultaneous, as opposed to sequential, payment of filing fees incurred by prisoners qualified to proceed in forma pauperis. |
Prisoners Rights |
|
Jan. 13, 2016 | |
13-15675
|
Morrison v. Peterson
Cal. Penal Code section requiring 'reasonable probability' that DNA testing would effect more favorable result in postconviction relief context does not violate any principle of fundamental fairness. |
Prisoners Rights |
|
Dec. 16, 2015 | |
14-55890
|
Frank v. Schultz
Summary judgment in prisoner's due process claim affirmed where any procedural error is corrected in the administrative appeal process. |
Prisoners Rights |
|
Dec. 15, 2015 | |
12-36045
|
Richey v. Dahne
Prison Litigation Reform Act does not bar prisoner from receiving in forma pauperis status on appeal of his third-strike dismissal. |
Prisoners Rights |
|
Dec. 9, 2015 | |
12-17682
|
McBride v. Lopez
Retaliatory threats that deter inmate from filing grievance may excuse inmate's failure to exhaust administrative remedies before filing § 1983 claim, if threats meet objective and subjective standards. |
Prisoners Rights |
|
Nov. 25, 2015 |