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Fuqua v. Raak
Summary judgment on free exercise claim was not appropriate where reasonable fact finder could conclude chaplain refused religious dietary accommodation request based on assessment of correctness of the inmate's beliefs.
Prisoners' Rights, Constitutional Law 9th Nov. 4, 2024
Watanabe v. Derr
District court erred in dismissing prisoner's deliberate indifference to serious medical needs *Bivens* claim when it was sufficiently analogous to precedent allowing for such a claim.
Prisoners' Rights 9th Sep. 9, 2024
Modification: In re Oliveras
Prisoner's use of electronic tablet to view pornographic images stored on removable SIM card was not computer fraud or abuse under the California Code of Regulations.
Prisoners' Rights 1DCA/3 Aug. 6, 2024
In re Oliveras
Prisoner's use of electronic tablet to view pornographic images stored on removable SIM card was not computer fraud or abuse under the California Code of Regulations.
Prisoners' Rights 1DCA/3 Jul. 17, 2024
Nielsen v. Thornell
Order
Prisoners' Rights 9th Jul. 9, 2024
Walter Betschart v. State of Oregon
*Younger* federal abstention was inappropriate where the state of Oregon was failing to provide counsel for indigent criminal defendants.
Prisoners' Rights 9th Jun. 3, 2024
Nielsen v. Thornell
Arizona inmates did not have a protected liberty interest in avoiding private prisons because they did not impose an "atypical or significant hardship" beyond ordinary prison conditions.
Prisoners' Rights, Constitutional Law 9th May 22, 2024
Ruelas v. County of Alameda
Nonconvicted incarcerated individuals providing labor for a for-profit private company to supply meals within a county jail do not have a claim for minimum and overtime wages.
Prisoners' Rights, Employment Law CASC Apr. 23, 2024
Lewis v. Andes
District Court properly denied habeas petition, where California Supreme Court had applied the proper standards for assessing whether defendant's juvenile confession was voluntary.
Prisoners' Rights 9th Mar. 13, 2024
Creech v. Richardson
Death row inmate's third habeas petition was properly dismissed as violating rule against successive petition given because his claim had been ripe and could have made in his prior petition.
Prisoners' Rights 9th Feb. 27, 2024
Sherman v. Gittere
Nevada Supreme Court's denial of defendant's right-to-present-a-complete-defense claim was not erroneous under AEDPA's deferential standard of review.
Prisoners' Rights 9th Feb. 12, 2024
Long v. Sugai
Delivering evening meal four hours before prisoner could break religion-based fast was a substantial burden on the prisoner's free exercise that should have been analyzed for a legitimate penological interest.
Prisoners' Rights 9th Feb. 6, 2024
Maney v. Brown
The Public Readiness and Emergency Preparedness Act extends immunity to persons who make policy-level decisions regarding the administration or use of COVID countermeasures.
Prisoners' Rights 9th Feb. 2, 2024
Hebrard v. Nofziger
District court did not err when it sua sponte resurrected defendant's forfeited Heck defense and dismissed the complaint under the Prison Litigation Reform Act.
Prisoners' Rights 9th Jan. 12, 2024
In re Banks
Disciplinary finding that inmate engaged in conspiracy to introduce drugs into prison via the mail was unsupported as there was no evidence the inmate had made any agreement with the sender.
Prisoners' Rights 3DCA Nov. 28, 2023
Redd v. Guerrero
Indigent prisoner sentenced to death in California had a state-created property interest in expeditious state-appointed habeas counsel that was violated by a 26-year delay in appointment.
Prisoners' Rights 9th Oct. 23, 2023
Clark v. Broomfield
California Supreme Court's denial of habeas relief was not contrary to established law where defendant's request for self-representation was impulsive and not unequivocal.
Prisoners' Rights 9th Oct. 11, 2023
Hampton v. State of California
Public Readiness and Emergency Preparedness Act immunity did not apply to defendant prison and its officials against claims arising from failing to administer COVID-19 tests.
Prisoners' Rights 9th Oct. 4, 2023
Tong v. U.S.
Ineffective counsel habeas claims as to an earlier habeas petition were not a second or successive petition because defendant could not have raised them in the earlier petition.
Prisoners' Rights 9th Sep. 6, 2023
Ashker v. Newsom
Settlement agreement's extension was improper when, compared to general population, special unit's confinement conditions were not atypical, imposing substantial hardship.
Prisoners' Rights 9th Aug. 25, 2023
Nasby v. State of Nevada
Prisoner lacked standing to pursue his access-to-courts claim where he could not show an actual injury because his allegedly hindered claim was frivolous.
Prisoners' Rights 9th Aug. 21, 2023
Chambers v. Herrera
Prisoner-plaintiff failed to state a claim where his failure to protect and retaliation claims were new contexts to which the implied Bivens cause of action had never been extended.
Prisoners' Rights 9th Aug. 16, 2023
Tiedemann v. Blanckense
Prisoner's transfer did not moot complaint challenging the Bureau of Prison's phone time cap where the alleged injury was caused by system-wide policy and a named defendant could provide relief.
Prisoners' Rights 9th Jul. 5, 2023
Jones v. Hendrix
The savings clause of 18 U.S.C. Section 2255 does not allow a prisoner to file a successive Section 2241 habeas corpus petition based on new interpretation of a criminal statute.
Prisoners' Rights USSC Jun. 23, 2023
Pinson v. Carvajal
Prisoner's habeas corpus petition based on prison officials' failure to protect against COVID-19 adequately did not properly sound in habeas because it challenged the conditions of the prisoner's confinement.
Prisoners' Rights 9th Jun. 9, 2023
Eldridge v. Howard
Because D.C. Superior Court is not a "State court," for the purposes of 28 U.S.C. Section 2253(c)(1), petitioner did not need to obtain a certificate of appealability to appeal the district court's denial of his most recent habeas petition.
Prisoners' Rights 9th Jun. 5, 2023
Galanti v. Nevada Dept. of Corrections
District court erred in ignoring former Nevada prisoner's due process rights violation when the Department of Corrections failed to apply education credits that would have reduced his maximum sentence.
Prisoners' Rights 9th Apr. 26, 2023
Armstrong v. Newsom
District court's orders for remedial measures to resolve disability discrimination in California prisons survived scrutiny because the orders resolved specific shortcomings the court had previously attempted to address.
Prisoners' Rights 9th Feb. 3, 2023
People v. Superior Court (Cortez)
Prisoner's small clandestine notes sent in an envelope to his attorney were not protected by the attorney-client privilege because the notes were unrelated to legal representation.
Prisoners' Rights 6DCA Jan. 17, 2023
Eaton v. Blewett
Prisoner was entitled to appeal his grievance to federal court as his options to exhaust administrative remedies were effectively unavailable given the circumstances presented by the prison.
Prisoners' Rights 9th Oct. 13, 2022