Thursday, December 22, 2016

9th Circuit reinstates District Court Dismissal of Valley Fever Claims Brought By Inmates Against the Private Contractor of a Federal Prison.

The consolidated cases of Aluya, Hammond, and Sutton vs. MTC can be downloaded here.  In the second inmates' valley-fever related decision, the 9th Circuit overruled the lower court's dismissal of the claims of Ian Wallach's clients, acknowledging the validity of these claims.  The decision can be read here.

Tuesday, November 22, 2016

September 22, 2016. Palisadian Post Article Quotes Ian Wallach's Upset With Sentencing Structures.  The article is available here.

Thursday, June 23, 2016

Article by Ian Wallach on inmate’s rights and FTCA claims published on website for California Lawyer magazine – a division of the Daily Journal.


The article -- Federal Tort Claims & The Issue Of Sovereign Immunity, California Lawyer Website, June 22, 2016 can be read here:  http://www.callawyer.com/2016/06/ftca-and-the-limits-of-sovereign-immunity/.

The article discusses the 9th Circuit' recent May 20, 2016 Opinion in Edison v. United States, ___ F.3d ___ (9th Cir. 2016), 2016 WL 2946347 (9th Cir.), where the Court enumerated the limits on the application of the "independent contractor" exception in cases where the USA has hired subcontractors to perform governmental duties but retained some responsibilities.  

Friday, June 3, 2016

Monday, May 23, 2016.  Los Angeles Daily Journal covers Edison v. USA decision allowing claims by inmates against USA alleging valley fever infections resulting from incarceration at Taft to proceed  (click here for article)

Tuesday, May 24, 2016

Ian Wallach interviewed on 9th Circuit Decision Allowing Inmates Who Contracted Valley Fever to Sue USA.  (The interview can be read here)
Friday, May 20, 2016.  9TH CIRCUIT DECISION RELATED TO INMATES' RIGHT TO SUE USA FOR CLAIMS ARISING FROM VALLEY FEVER INFECTIONS AT TAFT COVERED BY ASSOCIATED PRESS AND OTHER AGENCIES.
Articles included:




  • SF Gate, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
  • Courthouse News Service, May 23, 2016, "U.S.A. Is Liable for Valley Fever in Prison" (Ian Wallach quoted in article) (click here for article)
  • San Francisco Chronicle, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
Friday, May 20, 2016.  COVERAGE OF 9TH CIRCUIT DECISION RELATED TO INMATES' RIGHT TO SUE USA FOR CLAIMS ARISING FROM VALLEY FEVER INFECTIONS AT TAFT.
Articles included (as one article was by the AP, duplicates are not being listed here):

  • SF Gate, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
  • Courthouse News Service, May 23, 2016, "U.S.A. Is Liable for Valley Fever in Prison" (Ian Wallach quoted in article) (click here for article)
  • San Francisco Chronicle, May 20, 2016, "Appeals court reinstates Valley Fever suits against US" (Ian Wallach quoted in article) (click here for article)
Friday, May 20, 2016.  9TH CIRCUIT REVERSES WRONGFUL DISMISSAL OF ACTIONS IN IAN WALLACH'S VALLEY FEVER CASE.

Mr. Wallach represents several present and former inmates in actions before the Eastern District of California alleging that they acquired valley fever as a result of their incarceration at the Taft facility.  The lower court dismissed the USA from the actions on the grounds of sovereign immunity.  Mr. Wallach appealed, and argued the matter before the 9th Cir. on February 8, 2016 (which can be seen here).  On May 23, in the consolidated cases of People v. Edison & People v. Nuwintore, the 9th Circuit Court of Appeals unanimously adopted all three arguments by the Plaintiffs and reinstated their causes of action.  The decision can be read here.
Monday, May 15, 2016.  "NOT GUILTY" on four counts, hang on remaining.  Alhrambra Courthouse.
The People alleged that the client, who was married to a government official, engaged in acts of domestic violence, child endangernment, and destruction of property.  Following a six day trial, the jury returned verdicts of "Not Guilty" on all counts but for one vandalism count -- where the jury was deadlocked.