Publications

Publications

Publications

March 2015

March 2015 Prison Break: Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Nathan A.  Oyster, Scott M. Nenni

Predicting Risk and Recidivism: Science or Pseudoscience?
King v. U.S.A.: The Fourth Circuit Holds that Dental Staff Did Not Violate the Eighth Amendment by Performing Dental Surgery on the Wrong Inmate
Cortez v. Skol: Ninth Circuit Reverses Grant of Summary Judgment in Failure to Protect Case
Affirmative Defense as National News
Class Action Lawsuit Certified Against Monterey County Regarding Alleged Deficiencies in Medical Care

February 2015

February 2015 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Nathan A.  Oyster

Body Cameras for Custody Officers?
No Valentine's Day Wedding for Charles Manson and His Fiancee
Settling Up the Cost of Incarceration
Record Year for Wrongful Death Civil Rights Settlements

February 11, 2015

Department of Finance Publishes Budget Trailer Bill Language Addressing Redevelopment Dissolution

Public Law Alert

Susan E. Bloch

The California Department of Finance (“Department”) has published proposed budget trailer bill language addressing the redevelopment agency dissolution process. In a recent webinar, the Department characterized the forthcoming legislation as an attempt to simplify the dissolution process and clarify existing law. However, although some of the proposed provisions would streamline successor agency operations and facilitate their wind-down, there are a number of terms that would negatively affect successor agencies, their sponsoring jurisdictions, and the availability of financing for affordable housing and oversight board-approved economic development and public improvement projects. The proposed legislation undermines many of the incentives that AB 1484 provided for compliance with the Due Diligence Review process. Furthermore, if enacted, the proposed legislation would effectively abrogate several recent court rulings that are favorable to cities and successor agencies.

January 2015

January 2015 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Mitchell A. Wrosch, Nathan A.  Oyster

When Inmate Speech Spawns a Bill: Mumia Abu-Jabal's Commencement Speech
Liar Liar: A Look at California's New Requirement for Polygraph Tests for Sex-Offenders
How NOT to Handle Heroin Withdrawal: A Lesson Learned by a New Hampshire Jail
Responding to a Third-Party Deposition Subpoena: How One Simple Step Can Protect an Officer's Privacy Rights and Minimize the Risk of Liability to an Agency

December 2014

December 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg, Nathan A.  Oyster

Legal Alert on Taking DNA from Arrestees: People v. Buza
Connecticut Lawsuit Brings National Attention to the Misuse of RLUIPA
Getting into the Holiday Spirit
Menefield v. Foreman: Appeals Coordinators Can Exercise Discretion When Screening Duplicate Inmate Appeals
Ongoing Litigation Series: The Person Most Knowledgeable Deposition

December 2014

Significant Changes to the FEHA: Are You Prepared for 2015?

CALPELRA Alert

Katy A. Suttorp

November 2014

November 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Nathan A.  Oyster

Is Ebola the New Way for Prisoners to "Cry Wolf?"
No "Take Backs:" How to Prevent Plaintiffs from Reneging on Settlement Agreements
Medina v. Garcia:  Detainee Can Sue ICE Agents for Lodging Immigration Detainer Which Caused Detainee to Spend Two Years in Pretrial Confinement
Ongoing Litigation Series: The Person Most Knowledgeable Deposition

November 2014

Healthy Workplaces, Healthy Families Act of 2014: What Does It Mean for Our Agency?

The Authority, CJPIA

Katy A. Suttorp

October 2014

October 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg, Nathan A.  Oyster

"Safe Neighborhoods and Schools Act" a Misnomer: Analysis of Proposition 47
What's Lurking Beneath that Stubble? The Supreme Court Hears Oral Arguments in a RLUIPA Grooming Case
Can the Flying Spaghetti Monster Reshape RLUIPA?
What to Expect from a Civil Deposition

October 2014

Essential Risk Shifting Provisions in Construction Documents

Best of the Best USA Expert Guides, Construction

H. James Wulfsberg, Stephen L. Cali, David J. Hyndman

September 2014

September 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg, Nathan A.  Oyster

Handling Site Inspection Demands
Colwell v. Nevada Dep't of Corrections: Deliberate Indifference to Deny Eye Surgery to Restore Inmate's Vision
A Prisoner's Dilemma: Pleading the Fifth
Brown v. County of Los Angeles: Inmate Who Pled Guilty as a Minor Cannot Challenge Validity of Plea Based on Civil Contract Law
U.S. v. Gadson and the Value of Inmate Telephone Calls

August 2014

August 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Mitchell A. Wrosch

A Call for More Frequent Prosecution of Prison Crimes
Alternative Custody Program: No Men Allowed
For Attorney's Eyes Only
Van der Hule v. Holder: Federal Law Restricts Rights of Convicted Felon Whose Civil Rights Were Restored from Possessing a Firearm

Summer 2014

Inclusionary Zoning for Affordable Housing Under Attack

The Public Law Journal, Vol. 37, No. 3, Summer 2014

Matthew D. Visick, Kevin D. Siegel

July 22, 2014

Governor Signs AB 1963 Extending Deadline for Approval of Long-Range Property Management Plans and Limiting Scope of State Controller Review of Property Transfers

Public Law Update

Susan E. Bloch

On July 18, 2014, the Governor signed into law Assembly Bill 1963 (Atkins) (Chapter 146, Statutes of 2014). The bill was adopted as an urgency measure, and goes into immediate effect.

July 2014

July 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Mitchell A. Wrosch, Ulysses Aguayo

Hot Topic: Treatment of Transgender Prisoners
Ninth Circuit Revives Lawsuit Challenging Single-Sex Policies in Jails
The Ninth Circuit (Finally) Holds That State Officials Cannot Be Sued For Monetary Damages Under RLUIPA
Brown v. Oregon Department of Corrections: Segregated Confinement Without "Periodic and Meaningful Review" Violates Due Process Rights
A Potential Tool For Dodging Inmate SLAPPS

June 2014

June 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg

Newspaper Forces Disclosure of Peace Officers' Names
Prisoner Class Action Case Update
George v. Edholm: Ninth Circuit Probes into Officer Liability for Medical Rectal Exams

June 11, 2014

Q & A: Harassment Prevention Training and Special Districts

CSDA e-News

Kelly A. Trainer, Traci I. Park

CSDA recently spoke with Burke partners Traci I. Park and Kelly A. Trainer about AB 1825 Harassment Prevention Training and special districts.  This article provides answers to some of your most pressing questions.

June 2014

How Outdated is Your Harassment Prevention Policy

The Authority, CJPIA

Kelly A. Trainer

May 2014

May 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Kristina Doan Gruenberg, Mitchell A. Wrosch

Wildfire Fallout: Evacuating Prisoners During a Natural Disaster
I Want My [M]TV: Court of Appeals Holds Writs are Improper to Recover Contraband
California's Frivolous Lawsuit of the Month
Peralta v. Dillard: The Ninth Circuit Confirms a New Defense for Claims of Deliberate Indifference to a Prisoner's Medical Needs

April 2014

April 2014 Prison Break - Correctional Liability Update

Susan E. Coleman, Mitchell A. Wrosch, Kristina Doan Gruenberg

Provoking the Use of Force
Trends in Exhaustion of Administrative Remedies - The Ninth Circuit Scraps teh Unenumerated 12(b) Motion to Dismiss
Food for Thought:  Dealing with Food Allergies in the Correctional Setting
Davis v. Walker - Indefinite Stay Denied Pending Inmate's Return to Competency

April 2014

April 2014 Real Estate and Business Law Update

Martin Kosla

Commercial Property Buyer Cannot Hold Escrow Company Fully Liable After Short Delay in Closing Was Stretched Out For Over a Year by Bankruptcy, Preventing Buyer From Doing 1031 Exchange
Waste Disposal Service's Easement for Storage of Garbage Bins Limited to Its Historic Use
Director of Software Company May Sue Outside Directors of Public Company for Overstating Revenue and Inflating Stock Prices During Merger
Personal Injury Plaintiff Cannot Rely on California's Survival Statute to Sue Dissolved Delaware Corporation That Had Conducted Business in California

April 2014

Common Public Employer Misconceptions

The Authority, CJPIA

Kelly A. Trainer