Double Trouble? Making Plaintiffs Pay for Duplicative Lawsuits

Sometimes a plaintiff will initiate a lawsuit in one court, voluntarily dismiss the case, and refile the same case in another court against the same defendants.  This may occur because a plaintiff is ‘forum shopping’ and trying to find a judge or court that is more favorable.  This also occurs because some plaintiffs do not…

Religious Use of Tobacco in Prisons Up in the Air Following Court of Appeal Ruling

A trial court granted a Native American inmate’s petition to use tobacco during religious ceremonies. Find out why the California Court of Appeal reversed this decision.

Victoria Zetwick v. County of Yolo

When can hugs lead to a sexual harassment lawsuit against a supervisor in the Sheriff’s Department?

Pay to Stay Jails: A Good Idea?

One controversial but innovative solution to alleviate overcrowding and to refill the public coffers is “pay to stay” custody facilities.

Atkins v. City of Los Angeles

By Mitch Wrosch Plaintiffs were six recruit police officers hired by the City of Los Angeles between 2008 and 2009. Each of them entered the Academy shortly after their hire. Upon completion of the Academy’s six-month training course, the recruits would have started a 12-month field probationary period as police officers. But all six plaintiffs…

Restricting Marijuana Investment by Law Enforcement Personnel

By Susan E. Coleman In 1996, California decriminalized the medical use of marijuana via Proposition 215, the California Compassionate Use Act.  In 2016, California decriminalized the recreational use of marijuana via Proposition 64, also known as the Adult Use of Marijuana Act (AUMA).  But the use, manufacture, possession, and distribution of marijuana, as well as…

How to Handle Costs When Plaintiffs Claim They Are Penniless

What happens if a party proceeds with the lawsuit, loses, and then claims he cannot pay?

Shifting the Cost of Inmate-Witness Transportation

By Susan E. Coleman When an inmate brings a civil lawsuit, most courts order the inmate-plaintiff transported to court for trial, by issuing a writ of habeas corpus ad testificandum.  For reasons of safety and cost, not to mention convenience, some courts now allow or may even require testimony by video-conference or introduction of videotaped…

Byrd v. Maricopa County Board of Supervisors: An Example of a Screened-out Case Dismissal Being Overturned and Remanded

By Christopher T. Kim Under 28 U.S.C. § 1915A, courts are required to screen cases where a prisoner sues the government or a government employee.  The court must identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint is “frivolous, malicious, or fails to state a claim upon which…

How to Prevent Inmate Forum Shopping

By Kristina Doan Gruenberg The venue in which a party decides to file case is often a strategic decision.  Forum shopping refers to the practice of a party deliberately searching through multiple courts or jurisdictions in order to file or transfer the case to one that is most likely to give that party the result…