Jerry Valdivia, Alfred Yancy and Hossie Welch, on their own behalf and on behalf of the class of all persons similarly situated v. Edmnd G. Brown, Governor of the State of California, et al.
Published: Oct. 20, 2012 | Result Date: Jan. 24, 2012 | Filing Date: Jan. 1, 1900 |Case number: 2:1994-cv-00671 LKK/GGH Bench Decision – Injunction Enforced
Court
USDC Eastern
Attorneys
Petitioner
Michael W. Bien
(Rosen, Bien, Galvan & Grunfeld LLP)
Kenneth M. Walczak
(Lewis & Llewellyn LLP)
Ernest J. Galvan
(Rosen, Bien, Galvan & Grunfeld LLP)
Donald H. Specter
(Prison Law Office)
Respondent
Samantha D. Wolff
(Hanson Bridgett LLP)
Facts
Proposition 9, a ballot measure relating to parole revocation that was approved by California voters in 2009, was challenged by a lawsuit filed on behalf of parolees who argued that the measure violated their right to a neutral decision-maker. This case commenced in 1994, which led to an injunction being issued in 2004 as part of an on-going class action on behalf of parolees. The 2004 injunction was entered to remedy the systemic violations of constitutional rights under California's former parole revocation system.
Result
U.S. District Court Judge Lawrence Karlton found Proposition 9 invalid because it violated parolees' constitutional right to due process and parolees' right to a neutral decision-maker, essentially placing "a thumb on the scale of justice, tipping the balance towards incarceration."
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