Lawsuit says state won’t represent its prison guards

A guard has sued the state prisons department for refusing to represent him in a prisoner civil rights case, a practice his attorney says is not uncommon.

The California Correctional Peace Officers Association Legal Defense Fund is also a plaintiff in the case.

Robert Zamora II, was "involved in an encounter with inmate Rodney Buckley" in 2013 at Corcoran State Prison, according to the complaint filed Tuesday by Harry S. Stern of Rains Lucia Stern St. Phalle & Silver PC in Pleasant Hill. Zamora v. California Department of Corrections and Rehabilitation, 80003251 (Sac. Super. Ct., filed Oct. 22, 2019).

Representing himself, Buckley later sued over the alleged altercation, naming Zamora and several other guards in Buckley, Jr. v. Johnson et al., 17CV00102 (E.D. Cal., filed Jan. 23, 2017).

According to Zamora's complaint, that case "has now settled but judgment has not been entered." It also referenced Zamora's "termination" by the department but does not go into detail.

Stern declined to comment on the terms of the pending settlement or his client's current employment status with the department. But he said this is not the first time his firm has sued the department for failing to back up a guard.

"Unfortunately, it's not an unusual situation," Stern said. "Even though this case has settled at a relatively early stage, we think it's extremely important that the state of California live up to its commitments and promises in terms of its employees."

The state Attorney General's office deferred comment to the Department of Corrections, where a spokesperson said it was policy not to comment on pending litigation.

The plaintiffs are seeking legal fees in both cases and an injunction demanding the department comply with the Tort Claims Act and other laws and to indemnify Zamora "for any damages that may be awarded against him."

According to the complaint, the Government Claims Act "requires a public entity to defend an employee or former employee in any civil proceeding arising from an act or omission occurring within the employee's scope of employment." Zamora, the complaint argues, entered into employment with the understanding he would be protected from damages incurred while attempting to do his job.

The complaint goes on to state Buckley "became violent ... and attempted to assault Zamora," who was later "cleared of any misconduct." However, in October 2018 Zamora received a letter from the attorney general informing him the state would only represent him during "the preliminary stages" of the case, and it was in his "best interest to retain outside counsel."

The next month he received a second letter telling him the attorney general was no longer defending him due to a "specific conflict of interest" between him and the department. The complaint stated this letter was sent just a week before Zamora was due to provide a responsive pleading in the federal case.

The prisons department "will not be obligated to indemnify you from any sanction, judgment, attorney's fee, cost or settlement in this matter," stated the letter.

"You have been dismissed from state service because of conduct which CDCR determined was outside the scope of your employment, and your actions were done with corruption and/or actual malice," the letter continued.

The attorney general then filed motions to withdraw as Zamora's counsel. Zamora hired Rains Lucia in January. In March, the firm filed a motion with the state Department of General Services to recoup his attorney fee, but no state agency responded, the firm said.

Rains Lucia frequently represents police and correctional offices. Earlier this year, it filed numerous cases seeking to block retroactive enforcement of SB 1421, a police transparency law signed in 2018, but these bids were rejected by multiple courts.