The City dodged a bullet this morning in its case against CDCR for the announced closure of the California Correctional center. Judge Moody said he was prepared to dismiss the City’s case based on the state’s argument and citation of many instances that applied to this one, an action that would have sealed the prison’s fate to its closure in June next year. Yet City Administrator Dan Newton supported the City’s brief with a filing that there is the knowledge that CDCR was involved in writing the new statute, which may have been part of what saved the City’s case today. To this notion, Moody specifically said, “it is unconscionable to me if it went down as I suspect it to have” he also added this is an “extremely ugly situation” he felt the state could not get away with.
Moody suggested the belief that the new statute was written solely for one prison, CCC, to terminate this litigation, calling it a “smart bomb.” If CDCR colluded to pass this legislation, there might be a direct violation of the court’s temporary restraining order, and likely to be rendered unconstitutional.
The City has one week to prove that it had and has a substantiated right taken away through this process to continue its fight. The state must prove that even with possible CDCR involvement in writing the trailer bill, they have the full right to select CCC to close. Briefs are due back to the court by Friday, September 2nd at 9 am.
