Sunday, October 25, 2009

BREAKING NEWS: Plata/Coleman Panel Displeased with State Plan

The Sac Bee reports:

Three federal judges on Wednesday rejected the prison reduction reduction plan submitted to them by the state and gave the Schwarzenegger administration three more weeks to produce a plan that complies with their wishes.

If the court doesn't get one by Nov. 12, the judges said they will order attorneys who represent sick inmates to submit a plan by the end of November, and the judges would order that plan be implemented.

More coverage from KPCC, including an interesting interview with Don Spector, is here.

The inmates have filed for contempt. The court's show of displeasure is less drastic (we predicted slim chances for an actual contempt ruling), but nevertheless, it puts the state in an uncomfortable position. I tend to agree with Jonathan Simon that justifying the new plan as one that keeps public safety in mind is preposterous given the order's language. I also find the court's position strengthened by the lack of stay from the Supreme Court (whatever that might mean on the merits). Stay tuned.

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