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| CA Slapped with Sanctions Over Appeal in Prisons Dispute |
| By lawyers-law.com |
| Published: 02/09/2010 |
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A 9th U.S. Circuit Court of Appeals panel has slapped the state of California with sanctions after the attorney general filed a fifth meritless appeal in ongoing prison conditions litigation. In a short, one-page decision (pdf) issued last month, Judges Barry Silverman, Richard Paez and Carlos Bea dismissed the state's appeal of an August 2009 district court order requiring the two sides in Plata v. Schwarzenegger to meet and confer over how much the prevailing plaintiffs lawyers are owed in fees and costs. The panel also granted the plaintiffs' motion for sanctions "because this is the fifth time that the court has dismissed an appeal by these appellants related to this litigation for lack of jurisdiction." The Prison Law Office, which represents the Plata class of inmates challenging the adequacy of prison medical care, filed paperwork Friday seeking penalties of $13,500. Prison Law Office attorney Alison Hardy said that, despite frustration with the state's frequent appeals in this case, the plaintiffs attorneys have held off asking for penalties in the past because of the state's poor fiscal condition. This time, however, "they were so clearly wrong," Hardy said. "They so clearly had no argument." A spokeswoman for Attorney General Jerry Brown said Friday that state lawyers are reviewing the Prison Law Office sanctions filing and will submit a response by the Feb. 15 deadline. Read More. |
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