The federal three-judge panel that previously set a population cap for the California prison system has rejected an effort by activists to require further inmate releases to slow the spread of the coronavirus behind bars.
In an order filed Saturday evening, the judges ruled that they did not have authority to consider the request because the panel had originally been convened to address a different issue: prisoners’ lack of access to adequate medical and mental health care. Advocates said they would pursue their motion in other courts.
“We take no satisfaction in turning away Plaintiffs’ motion without reaching the important question of whether Defendants have implemented constitutionally adequate measures to protect the inmates of California’s prisons from the serious threat posed by this unparalleled pandemic,” the judges wrote.
SF Chronicle, 4/5/20; see also Sac Bee, 4/5/20.
The 3-judge panel included EDCA district judge Kimberly J. Mueller.