The Mellor Law Firm, APLC

California Real Estate, Construction, Bankruptcy, Foreclosure and Business Litigation Lawyers

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Call: (951) 221-4744

  • Our Firm
  • Attorney Profile
  • Practice Areas
    • Real Estate Law
    • Construction Law Attorney
    • Experienced Foreclosure Attorney Serving Riverside Homeowners
    • Business Law
    • Chapter 7 Bankruptcy
    • Chapter 13 Bankruptcy
    • Contract Disputes
    • Insurance
    • Loan Modifications
    • Personal Injury & Wrongful Death
    • Mechanic’s Lien
  • Case Handling
  • Clients
  • Blog
  • Contact

“Every Killer You Kill, Never Kills Again” — Bill Maher.

December 24, 2015 by

cruel and unusual punishment

In 1995, a jury sentenced defendant to death for the rape and murder of his girlfriend’s mother. He now argues that the delay in carrying out his execution amounts to cruel and unusual punishment under the Eighth Amendment.

Filed Under: Criminal Law News, Eighth Amendment Law News, Government Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 806 F.3d 538

Prisoners Did Not Identify Alternative Method Of Execution, So Relief Denied.

September 4, 2015 by

Prisoners sentenced to death in Oklahoma contended the method of execution used by the State violates the Eighth Amendment because it creates an unacceptable risk of severe pain. They argue that Midazolam, the first drug employed in the State’s three-drug protocol, fails to render a person insensate to pain. The United States Supreme Court denied […]

Filed Under: Eighth Amendment Law News, Law Enforcement Law News, Legal News, U.S. Supreme Court Tagged With: 135 S.Ct. 2726, 192 L.Ed.2d 761

Transgender Inmate.

September 4, 2015 by

Plaintiff is a transgender inmate of a California prison who contends prison officials violated the Eighth Amendment’s through deliberate indifference to her [inmate used to be named Philip but is now known as Mia] serious medical needs. The inmate says she suffers from severe gender dysphoria for which sexual reassignment surgery [SRS] is the medically […]

Filed Under: Eighth Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 791 F.3d 1037

Jury Properly Instructed Prison Dentist ’s Care May Be Considered In The Context Of Available Resources.

May 12, 2014 by Leave a Comment

As soon as plaintiff arrived in prison, he sought dental care, complaining he had cavities and his gums were bleeding. He saw a dentist twice during the year, but was dissatisfied with the care he received and filed an action under 42 U.S.C. § 1983 for money damages against the prison dentist and others, claiming […]

Filed Under: Constitutional Law News, Eighth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News, Trial Law News

Under Eighth Amendment Trial Court Not Relieved Of Considering Defendant’s Youth When Sentencing Despite New Statute.

March 18, 2014 by Leave a Comment

A gang-member defendant committed manslaughter and attempted murder when he was 15 and 16 years old and was sentenced to a determinate term of 23 years as well as a consecutive indeterminate term of 80 years to life. The appellate court was faced with two unique questions.  The first one concerned the fact that the bulk […]

Filed Under: Appellate Law News, Criminal Law News, Eighth Amendment Law News, Legal News

Does Continuous Lighting Amount To Cruel And Unusual Punishment?

March 11, 2014 by Leave a Comment

Cruel And Unusual Punishment

A Washington prisoner appealed the grant of summary judgment in favor of prison officials who placed him in a special unit where he was monitored every 30 minutes. In the unit, each single-inmate cell is illuminated with three four-foot-long fluorescent tubes. Two of the three may be turned off by the inmate, but one of them […]

Filed Under: Eighth Amendment Law News, Fourteenth Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News

Prisoner’s Allegations Regarding Violations of Freedom Of Religion.

March 4, 2014 by Leave a Comment

Freedom Of Religion

Plaintiff brought an action against prison personnel at the Arizona Department of Corrections for treatment he alleged he received while an inmate. He said he did not receive proper care for his mental illness and became suicidal, in violation of his rights under the Eighth Amendment. He also alleged deprivation of his rights under the First and Fourteenth […]

Filed Under: Criminal Law News, Eighth Amendment Law News, First Amendment Law News, Fourteenth Amendment Law News, Legal News, Ninth Circuit Court of Appeal Law News

Not Cruel And Unusual Punishment To Sentence Juvenile 45 Years To Life In Prison.

January 28, 2014 by Leave a Comment

Cruel And Unusual Punishment Cruel And Unusual Punishment

A 17-year-old broke into a family home while the family slept. He shot and wounded one of the occupants. On appeal, he contended his 45-year-to-life sentence is cruel and unusual punishment within the meaning of the Eighth Amendment. The appellate court noted that in September 2013, Penal Code section 3051 was amended. The amended statute “requires the […]

Filed Under: Appellate Law News, Criminal Law News, Eighth Amendment Law News, Legal News

Eighth Amendment Allegations Sufficient To Proceed Against Prison Authorities.

February 22, 2013 by Leave a Comment

pepper spray can - 8th amendment

A state prison inmate brought an action against correctional officers who pepper sprayed him, allegedly when he attempted to explain he was a vegetarian due to his religion, and that he was given the wrong meal. The trial court granted summary judgment to the correctional officers.  The Ninth Circuit reversed and remanded based on the inmate’s […]

Filed Under: Eighth Amendment Law News, Law Enforcement Law News, Legal News, Ninth Circuit Court of Appeal Law News

Call Us: 951-222-2100

Consultations available in-office or over
the phone. Speak to one of our leading attorneys in California today.

Recent News

What Is Commercial Litigation and How Does It Affect Your Business?

May 23, 2025 By Mark Mellor

Every business, regardless of its size or industry, faces unique challenges. Among these, legal disputes can often be the most daunting and disruptive. Commercial litigation, a specialized area of law, serves as a framework for resolving disputes arising from business … Read More...

Common Types of Real Estate Fraud

May 21, 2025 By Mark Mellor

Real estate transactions are some of the most significant financial decisions you’ll make in your lifetime. Unfortunately, the complexity of these deals creates opportunities for fraud. Whether you’re a buyer, seller, or investor, knowing how to protect yourself and recognize … Read More...

Everything You Need to Know About Adverse Possession in California

April 11, 2025 By Mark Mellor

Adverse possession is a legal concept that might sound surprising—it allows someone to claim ownership of property they don’t legally own, as long as specific conditions are met. While this might bring to mind images of opportunists taking over abandoned properties, adverse … Read More...

Follow Mellor Law Firm

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Our Areas of Practice

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Navigate

  • Home
  • Our Firm
  • Mark Mellor
  • Practice Areas
  • Case Handling
  • Clients
  • Resources
  • Contact
  • Blog
  • Privacy Policy

Practice Areas

  • Comprehensive Real Estate Legal Services
  • Construction Law Attorney
  • Mechanic’s Lien – Stop Notice
  • Experienced Foreclosure Attorney Serving Riverside Homeowners
  • Business Law
  • Contract Disputes
  • Chapter 7 Bankruptcy
  • Chapter 13 Bankruptcy
  • Insurance
  • Lien Stripping Bankruptcy
  • Loan Modifications
  • Personal Injury & Wrongful Death
  • Property Ownership

Recent Posts

  • What Is Commercial Litigation and How Does It Affect Your Business?
  • Common Types of Real Estate Fraud
  • Everything You Need to Know About Adverse Possession in California
  • Understanding the Statute of Limitations for Wrongful Death Claims

Follow Us

    • Facebook
    • LinkedIn
    • RSS
    • Twitter
    • YouTube

Contact our offices

The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
Riverside, CA 92506
Phone: (951) 221-4744
Fax: (951) 222-2122
10.0Mark Albert Mellor

The Mellor Law Firm, APLC © 2025. All Rights Reserved.