CCC Case Update: State Ask for Immediate Decision, City Calls for Evidentiary Hearing

In the ongoing litigation between the City of Susanville and CDCR, the department counsel is putting pressure on the Judge to make an expedited decision. In briefs presented to the Judge on Friday, state counsel has threatened to bring the case to the court of appeals if the temporary restraining order is not lifted immediately and the case dismissed by noon Wednesday saying the delayed actions of the court in making a decision is only hurting CCC employees in their ability to take advantage of the voluntary transfer period. The State’s brief says the Department cannot offer CCC employees the same opportunities to transfer “because the preliminary injunction continues to block CDCR and CCC staff’s options from avoiding being included in a formal layoff plan are dwindling.”

City counsel, in their September 2nd filing, though says CDCR’s involvement in the drafting of trailer bill AB200 is “an unconstitutional overreach by the legislature, a violation [of the city’s] substantive due process rights, and is a contemptible action,” leaving the city calling for a full evidentiary hearing.

CDCR’s involvement in drafting the 11th-hour trailer bill that closes CCC in June of next year is being corroborated by several high-ranking individuals at CCC who are willing to testify if subpoenaed to attest to the Department’s involvement, including the Warden of CCC. The city says in a full hearing, only then will the court be in a position to make appropriate findings on the issues and, in doing so, give the city the constitutional rights and protections it is entitled to. No answer from the Judge has been provided, and no new court hearing is scheduled.