Eastern District of California Blog

EDCA Court Rules CHP Can Temporarily Ban Protests At State Capital Given COVID-19 Pandemic

A federal judge has rejected a request that he scuttle the California Highway Patrol’s temporary ban on protests at the state Capitol, saying the state’s emergency powers during the coronavirus pandemic give it the authority to order a halt to such gatherings.

U.S. District Judge John A. Mendez issued the 24-page order Friday afternoon following two hours of argument a day earlier in federal court in Sacramento during which two Sacramento residents were seeking a temporary restraining order against the CHP’s protest ban.

Mendez cited a 1905 U.S. Supreme Court ruling that found “a community has the right to protect itself against an epidemic of disease which threatens the safety of its members.”

Sac Bee, 5/8/20

EDCA Court Rejects Lodi Church's Request to Override California's Stay-at-Home Orders

A federal judge in Sacramento has rejected pleas that he issue a temporary restraining order against the state of California and local officials that would allow a Lodi church to restart in-person services despite the coronavirus pandemic.

In an order filed Tuesday morning [available here], U.S. District Judge John A. Mendez rejected the request from Cross Culture Christian Center that he override the state’s and San Joaquin County’s stay-at-home orders and allow the church to resume services following guidelines for social distancing.

“Over a hundred years ago, the Supreme Court upheld a state’s exercise of its general police powers to promote public safety during a public health crisis,” Mendez wrote in a 20-page order. “A state’s police power entails the authority ‘to enact quarantine laws and health laws of every description’ — even under normal circumstances.”

Sacramento Bee, 5/5/20

Lodi Church Sues Over California's COVID-19 Ban on Large Gatherings

The Lodi church that had its Palm Sunday services shut down by police enforcing Gov. Gavin Newsom’s ban on large gatherings and an order by San Joaquin County’s public health officials is suing, arguing that officials are guilty of an Orwellian “abuse of authority” in their efforts to stop the spread of coronavirus.

“Civil rights are not suspended by a virus,” says the lawsuit filed in federal court in Sacramento. “Fundamental and unalienable rights are, by their very nature, ‘essential.’

Sacramento Bee, 4/23/20

Panel Denies Request to Release California Inmates to Reduce Spread of COVID-19

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.

No April Fool's Joke: COVID-19's a Danger to Inmates

Public defenders in Sacramento say the danger from coronavirus in the county jails has reached a new level, with a county public defender believed to have tested positive for the disease after visiting a client last week.

“We learned today that a Sacramento County deputy public defender tested positive for COVID,” Federal Defenders Heather Williams and Ben Galloway wrote in a letter Tuesday to U.S. Attorney McGregor Scott. “That attorney did a jail visit last week and spoke with a client using the Jail’s social visiting area.

“This is not business as usual. All releasable federal detainees should be released to shelter-in-place. This should include all non-violent pretrial detainees with a release address, all non-violent probation and supervised release violators, and anyone post-plea and pre-sentencing for a non-violent offense.”

Sacramento Bee, 4/1/20

EDCA Covid-19 Update

The EDCA Court yesterday issued General Order 614 that provides that most court appearances are to be conducted via videoconferencing (or teleconferencing) rather than in person during the COVID-19 emergeny.  With respect to felony pleas and sentencings that cannot reasonably be continued, the judge may also authorize that they proceed via videoconference or teleconference with the consent of the defendant.  The Court has also cut back its public phone hours.  EDCA Court COVID-19 Info Page

In a court filing today, California stated that it will accelerate the release of up to 3,500 inmates by up to 60 days to reduce overcrowding amidst the spread of COVID-19.  LA Times, 3/31/20.  Lawyers for the inmates are seeking broader prison releases and further protective measures.

And, in case you missed it, local attorney Mark Reichel discusses the impart of COVID-19 and court closures on his and others' law practices.  Fox40.com, 3/24/20

EDCA Court Orders Task Force to Deal with COVID-19 Crisis in California Prisons

This Sacramento Bee story today reports that an employee at CSP-Sacramento prison and another at San Quentin have tested positive for COVID-19.  And here's what the Bee says about the new COVID-19 CDCR task force:

At a court hearing Friday, convened by telephone because courthouses have been closed, U.S. District Judge Kimberly J. Mueller ordered the creation of a task force of inmate lawyers, CDCR officials and others to discuss how to address the rapidly evolving crisis.

The task force is to report back to the judge by next Friday.

Michael Bien, lead attorney for inmates requiring mental health care under the landmark Coleman case, said the issue is a “crisis.”

“The staff and the prisoners are all in a dangerous situation and CDCR needs to address the crisis,” Bien said. “I call it like a cruise ship without staterooms, and with a staff that goes on and off three times a day.

“This is a situation that needs to be addressed.”

The state already has made a number of policy changes in how inmates are being handled. Documents filed in federal court in Sacramento show all inmates received by the system are asked if they have a cough, a fever or difficulty breathing and have their temperature taken.

Any inmates who answer yes or have a temperature above 100.4 degrees Fahrenheit are isolated. All others who answer no to the questions are quarantined for 14 days.

Sacramento and Fresno County Jails Closed to Social Visits

The Sacramento and Fresno county jails have both now suspended social visits.  

COVID-19 Closes EDCA Courthouses to Public

Although not yet on the EDCA's website, the Court issued today General Order 612 closing EDCA courthouses to the public.  The court is open only to those with official court business.  The Court will attempt to hold all necessary hearings by telephone or videoconference.  

EDCA Court Suspends New Jury Trials Until May 1

Per General Order 611, the EDCA Court today has suspended new jury trials until at least May 1, 2020.  Courthouses otherwise will remain open.  Word is to expect further courthouse restrictions soon in light of more stringent NDCA restrictions in NDCA General Orders 72 & 73.