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State's Opening Brief No. 09-1233 IN THE Supreme Court of the United States ___________ GOVERNOR ARNOLD SCHWARZENEGGER, et al., Appellants, v. MARCIANO PLATA AND RALPH COLEMAN, et al., Appellees. ___________ Appeal from the United States District Courts for the Eastern District of California and the Northern District of California ___________ BRIEF OF APPELLANTS ___________ EDMUND G. BROWN JR. CARTER G. PHILLIPS* ATTORNEY GENERAL OF EAMON P. JOYCE CALIFORNIA TARA MIKKILINENI JAMES M. HUMES SIDLEY AUSTIN LLP CHIEF DEPUTY ATTORNEY 1501 K Street, N.W. GENERAL Washington, DC 20005 MANUEL M. MEDEIROS (202) 736-8000 STATE SOLICITOR GENERAL [email protected] GORDON BURNS DEPUTY SOLICITOR GENERAL JERROLD C. SCHAEFER JONATHAN L. WOLFF PAUL B. MELLO ROCHELLE C. EAST S. ANNE JOHNSON SENIOR ASSISTANT SAMANTHA D. WOLFF ATTORNEYS GENERAL RENJU P. JACOB KYLE A. LEWIS HANSON BRIDGETT LLP DANIELLE F. O’BANNON 425 Market Street DEPUTY ATTORNEYS 26th Floor GENERAL San Francisco, CA 94105 455 Golden Gate Avenue (415) 777-3200 Suite 11000 San Francisco, CA 94102-7004 (415) 703-5500 Counsel for Appellants August 27, 2010 *Counsel of Record QUESTIONS PRESENTED 1. Whether the three-judge district court had jurisdiction to issue a “prisoner release order” pursuant to the Prison Litigation Reform Act (“PLRA”), 18 U.S.C. § 3626. 2. Whether the court below properly interpreted and applied Section 3626(a)(3)(E), which requires a three-judge court to find, by clear and convincing evidence, that “crowding is the primary cause of the violation of a Federal right; and … no other relief will remedy the violation of the Federal right” before issuing a “prisoner release order.” 3. Whether the three-judge court’s “prisoner release order,” which was entered to address the allegedly unconstitutional delivery of medical and mental-health care to two classes of California inmates, but mandates a system-wide population cap within two years that will require a population reduction of approximately 46,000 inmates, satisfies the PLRA’s nexus and heightened narrow tailoring requirements while giving sufficient weight to potential adverse effects on public safety and the State’s operation of its criminal justice system. (i) ii PARTIES TO THE PROCEEDING Appellees are the following: Gilbert Aviles Clifford Myelle Steven Bautista Marciano Plata Ralph Coleman Leslie Rhoades Paul Decasas Otis Shaw Raymond Johns Ray Stoderd Joseph Long Intervenor-plaintiff: California Correctional Peace Officers’ Association, Appellants are the following five defendants: Governor Arnold Schwarzenegger Matthew Cate, Secretary of the California Department of Corrections and Rehabilitation John Chiang, California State Controller Ana J. Matosantos, Director of the California Department of Finance Stephen W. Mayberg, Director of the Department of Mental Health The following 144 individuals are intervenor-defen- dants: Joel Anderson, Samuel Aanestad, Legislator Legislator Roy Ashburn, Anthony Adams, Legislator Legislator Chief Probation Amador County Officer Kim Sheriff Martin Barrett Ryan iii James F. Battin, Jr.*, City of Fremont Legislator Police Chief Craig Tom Berryhill, Steckler Legislator City of Fresno Police Sam Blakeslee, Chief Jerry Dyer Legislator City of Grover Beach Police Chief Michael Police Chief Jim Billdt Copsey Butte County Chief City of Modesto Probation Officer Police Chief Roy John Wardell Wasden Butte County Sheriff- City of Pasadena Coroner Perry L. Police Chief Barney Reniff Melekian Calaveras County City of Paso Robles Sheriff Dennis Police Chief Lisa Downum Solomon District Attorney City of Roseville Ronald L. Calhoun Police Chief Joel Chief Probation Neves Officer Lionel City of San Chatman Bernardino Police City of Alhambra Chief Michael Billdt Police Chief Jim City of Santa Clara Hudson Police Chief Steve City of Atwater Police Lodge Chief Richard City of Sonora Police Hawthorne Chief Mace City of Delano Chief McIntosh of Corrections City of Vacaville George Galaza Police Chief Rich City of Delano Police Word Chief Mark City of Whittier DeRosia Police Chief Dave Singer iv City of Woodland Bill Emmerson, Police Chief Carey Legislator Sullivan District Attorney District Attorney Bradford Fenocchio Gregg Cohen Fresno County Chief Contra Costa County Probation Officer Chief Probation Linda Penner Officer Lionel Fresno County Chatman Sheriff Margaret Contra Costa County Mims Sheriff Warren Jean Fuller, Rupf Legislator County of San Mateo Glenn County Sheriff County of Santa Larry Jones Barbara National City Police County of Santa Chief Adolfo Clara Gonzales County of Solano Ted Gaines, County of Sonoma Legislator Paul Cook, Legislator Martin Garrick, Dave Cox, Legislator Legislator Police Chief Mark Police Chief Richard DeRosia Hawthorne Chuck DeVore, Sheriff Pat Hedges Legislator Dennis Hollings- Del Norte County worth, Legislator Sheriff Dean Wilson Shirley Horton*, Sutter County Sheriff Legislator Jim Denney Guy S. Houston*, District Attorney Legislator Bonnie M. Dumanis Police Chief Jim Robert Dutton, Hudson Legislator Bob Huff, Legislator Michael D. Duvall, Humboldt County Legislator Sheriff Gary Philip El Dorado County Sheriff Jeff Neves v Inyo County Chief Merced County Probation Officer Sheriff Mark Pazin Jim Moffet Chief Probation Inyo County Sheriff Officer Don Meyer William Lutze Chief Probation District Attorney Officer Jim Moffett Edward R. Jagels Mono County Sheriff Kevin Jeffries, Richard Scholl Legislator Monterey County Sheriff Larry Jones Sheriff Mike Rick Keene*, Kanalakis Legislator San Joaquin County Kern County Sheriff Sheriff Steve Moore Donny Youngblood District Attorney District Attorney Clifford Newell Robert Kochly Roger Niello, Doug La Malfa*, Legislator Legislator Orange County Bill Maze*, Legislator Sheriff Coroner Lake County Sheriff Michael S. Carona Rod Mitchell District Attorney Rod Lassen County Pacheco Sheriff Steve District Attorney Warren David W. Paulson Los Angeles County District Attorney Sheriff Lee Baca Vern Pierson Sheriff William Lutz Placer County Sheriff Abel Maldonado, Edward N. Bonner Legislator District Attorney Mariposa County John R. Poyner Chief Probation District Attorney Officer Gail Neal Tony Rackauckas Sheriff Jim Mele District Attorney Police Chief Barney Michael Ramos Melekian Mendocino County Sheriff Tom Allman vi District Attorney Shasta County Michael Ramsey Sheriff Tom Chief Probation Bosenko Officer Brian District Attorney Richart Gerald T. Shea District Attorney Solano County Chief Todd Riebe Probation Officer Riverside County Isabelle Voit Sheriff Bob G. Solano County Sheriff Doyle Gary R. Stanton George Runner, Jim Silva, Legislator Legislator Cameron Smyth, Sharon Runner*, Legislator Legislator Police Chief Lisa San Benito County Solomon Sheriff Curtis Hill Sonoma County Chief San Diego County Probation Officer Sheriff William B. Robert Ochs Kolender Sonoma County San Mateo County District Attorney Sheriff Greg Munks Stephan Santa Barbara Passalacqua County Chief Sonoma County Probation Officer Sheriff/Coroner Patricia Stewart William Cogbill Santa Barbara Todd Spitzer*, County Sheriff Legislator Bill Brown Stanislaus County Santa Clara County Chief Probation Sheriff Laurie Officer Jerry Smith Powers District Attorney Jan Stanislaus County Scully Sheriff Adam District Attorney Christianson Donald Segerstrom vii Stanislaus County Yolo County Sheriff Sheriff’s Ed Prieto Department Yuba County Sheriff District Attorney Steve Durfor Christie Stanley Bill Berryhill, Chief Probation Legislator Officer Karen Connie Conway, Staples Legislator Audra Strickland, Danny Gilmore, Legislator Legislator District Attorney Curt Hagman, Gregory Totten Legislator Van Tran, Legislator Diane Harkey, Tehema County Legislator Sheriff Clay Parker Steven Knight, Ventura County Legislator Sheriff Bob Brooks Dan Logue, Michael N. Villines, Legislator Legislator Jeff Miller, Mimi Walters, Legislator Legislator Brian Nestande, Police Chief Rich Legislator Word Jim Nielsen, Mark Wyland, Legislator Legislator * No longer in the Legislature TABLE OF CONTENTS Page QUESTIONS PRESENTED ................................. i PARTIES TO THE PROCEEDING ..................... ii TABLE OF AUTHORITIES ................................. xi OPINIONS BELOW ............................................. 1 JURISDICTION ................................................... 1 STATUTORY PROVISIONS INVOLVED ........... 2 STATEMENT OF THE CASE.............................. 2 A. Statutory Background ............................. 4 B. Factual Background ................................. 5 SUMMARY OF THE ARGUMENT ..................... 10 ARGUMENT ......................................................... 13 I. THE THREE-JUDGE COURT LACKED JURISDICTION TO ENTER THE “PRISONER RELEASE ORDER.” ............... 13 A. The Plata Court Erred In Granting Plaintiffs’ Motion To Convene ................. 14 B. The Coleman Court, Too, Erred When It Convened Three-Judge Proceedings ....... 20 C. The Release Order Should Be Reversed For Lack Of Jurisdiction, And The Cases Should Be Remanded To Their Respective District Courts. ...................... 24 II. REVERSAL IS WARRANTED BECAUSE THE COURT’S INTERPRETATION AND APPLICATION OF § 3626(a)(3)(E) IS CONTRARY TO THE PLRA ......................... 26 (ix) x TABLE OF CONTENTS—continued Page A. The Court’s § 3626(a)(3)(E) Holding Should Be Reversed Because It Has No Relation To, And The Court Expressly Refused To Consider, Current Con- ditions ....................................................... 26 B. The Court Erred In Interpreting The PLRA’s “Primary
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