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  • John Balazs is an attorney in Sacramento, California, specializing in criminal defense, including appeals, habeas corpus, pardons, expungements, and civil forfeiture actions. After graduating from UCLA Law School in 1989, he clerked for Judge Harry Pregerson of the U.S. Court of Appeals for the Ninth Circuit. John was an Assistant Federal Defender in Fresno and Sacramento from 1992-2001. Please email EDCA items of interest to [email protected]. Follow me on twitter @balazslaw.

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  • This blog is for informational purposes only. Nothing in this blog should be construed as legal advice. The law can change rapidly and information in this blog can become outdated. Do your own research or consult with an attorney.

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August 18, 2013

Ninth Circuit Revives Mom's Suit In Son's 2006 Prison Death

A federal court of appeals has revived a Placer County mother's lawsuit claiming California prison authorities are responsible for the suicide of her mentally ill son while he was an inmate.

U.S. District Judge Garland E. Burrell Jr. tossed the case out 2 1/2 years ago, finding that the evidence presented by Sherie Lemire's attorney did not sustain her claims of constitutional violations and wrongful death.

But a three-judge panel of the 9th U.S. Circuit Court of Appeals this week reversed Burrell and sent the case back to him for trial.

"I am thrilled," Lemire said Friday of the [Lemire v. CDCR, 11-15475] opinion. "I have tried so long to be heard."

Sacramento Bee, 8/10/13

Read more here: http://www.sacbee.com/2013/08/10/5638771/moms-suit-revived-in-2006-prison.html#storylink=cpy

Posted by at 04:03 PM in Appeals, Civil Rights Lawsuits, Judge Burell, Jr., Garland E., Ninth Circuit Opinions, Prisoners' Rights/Litigation |

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