In this Calloway v. Veal, No. 13-15605 unpublished decision, the Ninth Circuit reversed the EDCA's summary judgment against defendant Jamisi Jermaine Calloway for failing to provide him an adequate opportunity for discovery on his Eighth Amendment medical indifference claim. While the Court took to task the magistrate judge and district court over its handling of Calloway's discovery requests, it saved its harshest criticism for the attorneys representing the California Medical Facility prison in Vacaville (footnote 2):
Appellees contend that Calloway’s request for judicial notice of CMF’s contraband watch policy and mission statement is an untimely attempt to supplement the record. Appellees’ position is not well received given that they stonewalled Calloway’s public records request for the policy and refused to produce it to him on dubious legal grounds—yet promptly produced it without objection once Calloway obtained representation from the law firm of O’Melveny & Myers on appeal.