Tuesday, May 25, 2010

State Appeal to Terminate Receivership Denied

In a recent decision from April 30 that received surprisingly low coverage, the Ninth Circuit dismissed the State's appeal to terminate Clark Kelso's receivership of the prison health care system.

The state's arguments targeted the District Court's jurisdiction in appointing the receiver, as well as the receivership itself not being the "least intrusive" measure and the receiver's construction plans.

In reviewing the District Court's decision de novo, the Circuit Court found that the Prison Law Reform Act did not bar the appointment of a receiver. Moreover, given the horrifying standards of medical care, the receivership was the least intrusive measure, and the state did not oppose it at the time of the receiver's appointment. In addition, the state's inability to comply with its own plans necessitated external intervention.

Props to Aaron Rappaport, as well as to Shaun Martin over at the California Appellate Report.

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