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Articles Posted in Prison Law

RICHARD J. CRANE, Plaintiff and Appellant, v. JOSEPH CLAY DOLIHITE, Defendant and Respondent. (Cal. Ct. App., Oct. 22, 2021, No. F079877) 2021 WL 4929340, at *1

 Summary: Crane, a prisoner representing himself, appealed  from the dismissal of his personal injury action against an inmate who stabbed him in the neck with a pencil. The dismissal was based on Crane’s failure to serve the summons and complaint on the inmate who stabbed him within the time prescribed by statute. (See Code Civ. Proc., §§ 583.210, subd. (a) [plaintiff must serve a defendant within three years], 583.250.)

Crane was unable to serve the summons and complaint on the prisoner because;  (1) the defendant was transferred to Salinas Valley State Prison in Monterey County; (2) Crane was unable to identify the defendant’s location; (3) the superior court advised Crane to use the sheriff’s office to effect service but, the Monterey County Sheriff’s Office refused to serve the summons and complaint; and (4) the litigation coordinator at Salinas Valley State Prison refused to accept service on behalf of the defendant inmate. The litigation coordinator’s refusal is contrary to  Penal Code section 4013, subdivision (a) and Code of Civil Procedure section 416.90, which have been interpreted as authorizing litigation coordinators at state prisons to accept service on behalf of inmates. (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858–859 (Sakaguchi).)

In re Marti (Cal. Ct. App., Sept. 3, 2021, No. C093153) 2021 WL 4452824, at *1

 Summary: CDCR Prisoner Marti filed a petition for writ of habeas corpus challenging the decision finding him guilty of a prison disciplinary violation for possession of excess property made by the warden of Mule Creek State Prison.  Marti was found guilty of an  administrative violation rather than a serious rules violation. Marti claims his rights under prison regulations were violated because the officer who heard  the violation had prior knowledge and involvement in a matter that was used as evidence at Mart’s  disciplinary hearing.

CDCR argues this case is moot because Marti  has already incurred the punishment for the decision and any future impact on him is speculative. Because the court can afford meaningful relief, the case is not moot. Without court intervention, the violation would remain in Mart’s  file and may be considered by prison officials in making decisions relating to him. Prison regulations provide for its consideration in imposing subsequent discipline. The violation may also factor into other prison decisions. The hearing officer should have been recused. Marti is entitled to have the officer’s disciplinary finding vacated.

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