Analysis of Federal Court Decisions on Overcrowding of California's Prisons and Medical Care

[courtesy of California Progress Report]

By Frank D. Russo

There have been a number of statements issued by elected officials from Governor Schwarzenegger to both Democratic and Republican legislators that express varying opinions about yesterday's unprecedented decisions by two U.S. District Court judges in separate cases that a three judge panel should be convened to consider a prison population cap, early release of inmates, and other remedies for what all agree is an overcrowding of California's prisons.

This has made the national news, including the New York Times because it is the first time that a Federal law passed in 1996 has been invoked involving a state prison system--and not just any system, but the largest one in the United States.

For a more sober and complete understanding of the law, the reasons the judges have issued their concurring orders, the underlying facts (many of which are agreed upon, even by the state of California) and the history of this litigation, I would recommend reading the two decisions. The 14 page opinion of Judge Karlton in Coleman v. Schwarzenegger can be read as a PDF file from the court's online site by clicking here. The 11 page ruling in Plata v. Schwarzenegger by Judge Thelton Henderson can be read at the New York Times also as a PDF file. When other links are available for viewing these, in particular Judge Henderson's order, we will update this article.

Several initial observations need to be made.

First of all, this is not just one judge making findings and a ruling. There are two cases, one before Judge Henderson (Plata) on the prison medical system in which orders were stipulated to (agreed upon) by the parties which included the state of California in 2002 and 2004. The judge has found that those orders have not been complied with. He has based his ruling on the evidence presented, including reports of the Receiver he appointed, last year, Robert Sillen, that document in great detail the problems in the California Department of Corrections and Rehabilitation system.

The other case (Coleman) before Judge Karlton, concerns the medical treatment received by state prisoners with "serious mental disorders," and has been going on since 1995. In that case, a Special Master, John Hagar, has been appointed by the Judge to investigate and report back to him on how the needs of these mentally ill prisoners have been met. After almost 12 years and 77 orders, the Special Master and the Judge have found the prisons to not be in compliance with the United States Constitution.