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A lawsuit is a proceeding by one or more parties against one or more parties in a civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used with respect to a civil action brought by a plaintiff who requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint or else risk default judgment. If the plaintiff is successful, judgment is entered in favor of the plaintiff, and the Court may impose the legal and/or equitable remedies available against the defendant (respondent). A variety of court orders may be issued in connection with or as part of the judgment to enforce a right, award damages or restitution, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes.
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of success and there is no other compelling reason why the case or issue should be disposed of at a trial."
In law, receivership is a situation in which an institution or enterprise is held by a receiver – a person "placed in the custodial responsibility for the property of others, including tangible and intangible assets and rights" – especially in cases where a company cannot meet its financial obligations and is said to be insolvent. The receivership remedy is an equitable remedy that emerged in the English chancery courts, where receivers were appointed to protect real property. Receiverships are also a remedy of last resort in litigation involving the conduct of executive agencies that fail to comply with constitutional or statutory obligations to populations that rely on those agencies for their basic human rights.
The California Department of Corrections and Rehabilitation (CDCR) is the penal law enforcement agency of the government of California responsible for the operation of the California state prison and parole systems. Its headquarters are in Sacramento.
The California Division of Juvenile Justice (DJJ), previously known as the California Youth Authority (CYA), was a division of the California Department of Corrections and Rehabilitation that provided education, training, and treatment services for California's most serious youth offenders, until its closure in 2023. These youths were committed by the juvenile and criminal courts to DJJ's eleven correctional facilities, four conservation camps and two residential drug treatment programs. The DJJ provided services to juvenile offenders, ranging in age from twelve to 25, in facilities and on parole, and worked closely with law enforcement, the courts, district attorneys, public defenders, probation offices and other public and private agencies involved with the problems of youth. The DJJ underwent reorganization as required by a court agreement and the California State Legislature after widespread criticisms of conditions at its youth prisons. The agency's headquarters were in Sacramento, California.
California Correctional Center (CCC) was a state prison in the city of Susanville in Northern California. It was a minimum-security facility.
California State Prison, Solano (SOL) is a male-only state prison located in the city of Vacaville, Solano County, California, adjacent to the California Medical Facility. The facility is also referenced as Solano State Prison, CSP-Solano, and CSP-SOL.
The California State Prison System is a system of prisons, fire camps, contract beds, reentry programs, and other special programs administered by the California Department of Corrections and Rehabilitation (CDCR) Division of Adult Institutions to incarcerate approximately 117,000 people as of April 2020. CDCR owns and operates 34 prisons throughout the state and operates 1 prison leased from a private company.
Prison Legal News (PLN) is a monthly American magazine and online periodical published since May 1990. It primarily reports on criminal justice issues and prison and jail-related civil litigation, mainly in the United States. It is a project of the Human Rights Defense Center (HRDC), a 501(c)(3) non-profit organization.
Pro se legal representation means to argue on one's own behalf in a legal proceeding, as a defendant or plaintiff in civil cases, or a defendant in criminal cases, rather than have representation from counsel or an attorney.
The Wisconsin circuit courts are the general trial courts in the state of Wisconsin. There are currently 69 circuits in the state, divided into 9 judicial administrative districts. Circuit court judges hear and decide both civil and criminal cases. Each of the 249 circuit court judges are elected and serve six-year terms.
The American Foundation for Equal Rights (AFER) was a nonprofit organization active in the United States from 2009 through 2015. The organization was established to support the plaintiffs in Hollingsworth v. Perry, a federal lawsuit challenging California's Proposition 8 under the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. AFER retained former United States Solicitor General Theodore B. Olson and David Boies to lead the legal team representing the plaintiffs challenging Proposition 8.
Hollingsworth v. Perry was a series of United States federal court cases that re-legalized same-sex marriage in the state of California. The case began in 2009 in the U.S. District Court for the Northern District of California, which found that banning same-sex marriage violates equal protection under the law. This decision overturned California ballot initiative Proposition 8, which had banned same-sex marriage. After the State of California refused to defend Proposition 8, the official sponsors of Proposition 8 intervened and appealed to the Supreme Court. The case was litigated during the governorships of both Arnold Schwarzenegger and Jerry Brown, and was thus known as Perry v. Schwarzenegger and Perry v. Brown, respectively. As Hollingsworth v. Perry, it eventually reached the United States Supreme Court, which held that, in line with prior precedent, the official sponsors of a ballot initiative measure did not have Article III standing to appeal an adverse federal court ruling when the state refused to do so.
Coleman v. Schwarzenegger, docket no. 2:90-cv-00520-LKK-JFM, is a federal class action civil rights lawsuit under the Civil Rights Act of 1871, Eighth and Fourteenth Amendment to the United States Constitution, and the Rehabilitation Act of 1973 alleging unconstitutional mental health care by the California Department of Corrections and Rehabilitation (CDCR).
Lantz v. Coleman is a Connecticut superior court case that addresses the constitutionality of forcibly feeding prison inmates on hunger strikes. The court ruled in favor of force feeding.
Marsy's Law, the California Victims' Bill of Rights Act of 2008, enacted by voters as Proposition 9 through the initiative process in the November 2008 general election, is an amendment to the state's constitution and certain penal code sections. The act protects and expands the legal rights of victims of crime to include 17 rights in the judicial process, including the right to legal standing, protection from the defendant, notification of all court proceedings, and restitution, as well as granting parole boards far greater powers to deny inmates parole. Critics allege that the law unconstitutionally restricts defendant's rights by allowing prosecutors to withhold exculpatory evidence under certain circumstances, and harms victims by restricting their rights to discovery, depositions, and interviews.
Brown v. Plata, 563 U.S. 493 (2011), was a decision by the Supreme Court of the United States holding that a court-mandated population limit was necessary to remedy a violation of prisoners’ Eighth Amendment constitutional rights. Justice Kennedy filed the majority opinion of the 5 to 4 decision, affirming a decision by a three judge panel of the United States District Court for the Eastern and Northern Districts of California which had ordered California to reduce its prison population to 137.5% of design capacity within two years.
The 2013 California prisoner hunger strike started on July 8, 2013, involving over 29,000 inmates in protest of the state's use of solitary confinement practices and ended on September 5, 2013. The hunger strike was organized by inmates in long term solitary in the Security Housing Unit (SHU) at Pelican Bay State Prison in protest of inmates housed there that were in solitary confinement indefinitely for having supposed gang ties. Another hunger strike that added to the movement started the week before in High Desert State Prison. The focus of the High Desert State Prison hunger strike was to demand cleaner facilities, better food and better access to the library.
California Health Care Facility (CHCF) is a state prison for incarcerated patients with long-term medical needs or acute mental health needs. The prison is located in Stockton, California, on the site of the former Karl Holton Youth Correctional Facility. Incarcerated people of all security levels are treated at the facility.
Incarceration in California spans federal, state, county, and city governance, with approximately 200,000 people in confinement at any given time. An additional 55,000 people are on parole.
References
- 1 2 3 4 5 6 7 8 9 10 Order for population reduction plan, three-judge court convened by the Chief Judge of the United States Court of Appeals for the Ninth Circuit hearing Plata v. Schwarzenegger and Coleman v. Schwarzenegger
- 1 2 Gullo, Karen. "California Must Reduce Inmate Population, U.S. Judges Rule ", Bloomberg News , February 10, 2009. Accessed October 14, 2009.
- 1 2 Jurisdictional statement, California Attorney General et al.
- ↑ Yi, Matthew; Egelko, Bob (September 19, 2009), State fails federal demand to cut prisoners, San Francisco Chronicle, p. C-1, retrieved October 23, 2009
- ↑ Egelko, Bob (October 22, 2009), Court, governor dig in heels on prison crowding, San Francisco Chronicle, p. A-11, retrieved October 23, 2009
- ↑ Rothfeld, Michael (October 22, 2009), "Judges reject California plan to cut prison crowding", Los Angeles Times , p. A-11, retrieved October 23, 2009
- ↑ Walsh, Denny (October 22, 2009), Federal judges reject plan to cut California prison crowding, Sacramento Bee, p. A4, archived from the original on October 25, 2009, retrieved October 23, 2009
- ↑ Order to reduce prison population Archived 2010-12-18 at the Wayback Machine , three-judge court, convened by the Chief Judge of the United States Court of Appeals for the Ninth Circuit hearing Plata v. Schwarzenegger and Coleman v. Schwarzenegger
- ↑ Orders in Pending Cases, Monday, June 14, 2010 (PDF), June 14, 2010
- ↑ , Oyez
- ↑ Walsh, Denny (March 14, 2009), California to push for dismissal of feds' prison health czar, Sacramento Bee, p. A3, retrieved October 14, 2009[ permanent dead link ]