Case: Sims v. California Department of Corrections & Rehabilitation

RG16838951 | California state trial court

Filed Date: Nov. 15, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On November 15, 2016, two condemned inmates and the ACLU of Northern California sued the California Department of Corrections and Rehabilitation (CDCR). The plaintiffs, represented by ACLU lawyers and private counsel, brought this case under California Code Civil Procedure § 527A for a writ of mandate along with declaratory and injunctive relief. The plaintiff alleged that the California Penal Code § 3604 violated the Separation of Powers Clause in Article III of the California Constitution by …

On November 15, 2016, two condemned inmates and the ACLU of Northern California sued the California Department of Corrections and Rehabilitation (CDCR). The plaintiffs, represented by ACLU lawyers and private counsel, brought this case under California Code Civil Procedure § 527A for a writ of mandate along with declaratory and injunctive relief. The plaintiff alleged that the California Penal Code § 3604 violated the Separation of Powers Clause in Article III of the California Constitution by allowing an agency (the CDCR) to make controversial policy decisions about lethal injection protocols. The plaintiffs further alleged that the defendants were illegally expending public funds by performing their duties in violation of the statute. The plaintiffs asked the court to prohibit CDCR from implementing any execution protocol until the statute addressed the separation of powers policy issues. They also sought attorney's fees pursuant to California Code Civil Procedure 1021.5.

The plaintiffs' ultimate goal was to obtain a declaration that Penal Code § 3604 removed difficult and fundamental policy decisions from the political and legislative process with the result that some of these issues have not been consciously evaluated. One of the largest problems cited in the complaint was that the CDCR's new lethal injection protocol reflected the agency's prioritization of convenience over competing policy goals and also haphazard decision making on policy issues.

As of March 11, 2017, the case is still ongoing.

Summary Authors

Abigail DeHart (3/11/2017)

People


Judge(s)

Adams, Verna A. (California)

D'Opal, Faye (California)

Attorney for Plaintiff

Brown, Donald W. (California)

Lye, Linda (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Hile, Norman C. (California)

Judge(s)

Adams, Verna A. (California)

D'Opal, Faye (California)

Attorney for Defendant

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Documents in the Clearinghouse

Document

Verified Petition for Writ of Mandate and Complaint for Declaratory and Injunctive Relief: Violation of California Constitution

California state supreme court

Nov. 15, 2016

Nov. 15, 2016

Complaint

Resources

Docket

Last updated Jan. 31, 2024, 4:51 p.m.

ECF Number Description Date Link Date / Link
33636249

Civil Case Cover Sheet Filed for Mitchell Sims - Document: pages 2, price $2.0(Document Cost: $2.00)

Nov. 15, 2016

Nov. 15, 2016

33636241

Complaint - Other Filed - Document: pages 30, price $17.5(Document Cost: $17.50)

Nov. 15, 2016

Nov. 15, 2016

33636250

Summons on Complaint Issued and Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

Nov. 15, 2016

Nov. 15, 2016

Complex Designation Requested

Nov. 15, 2016

Nov. 15, 2016

33640346

Case Management Conference 01/17/2017 03:00 PM D- 30 - Document: pages 1, price $0.0

Nov. 16, 2016

Nov. 16, 2016

33686906

Proof of Service on Complaint As to California Department of Corrections and Rehabilitation Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Dec. 1, 2016

Dec. 1, 2016

33687575

Proof of Service on Complaint As to Scott Kernan Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Dec. 1, 2016

Dec. 1, 2016

Hearing Reset to Case Management Conference 02/03/2017 09:16 AM D- 30

Dec. 13, 2016

Dec. 13, 2016

33747441

Demurrer to Complaint Filed by Scott Kernan, California Department of Corrections and Rehabilitation - Document: pages 103, price $40.0(Document Cost: $40.00)

Dec. 16, 2016

Dec. 16, 2016

Demurrer to Complaint Hearing Confirmed for 02/03/2017 09:31 AM D- 30

Dec. 16, 2016

Dec. 16, 2016

33794303

Proof of Personal Service on Complaint - Other As to California Department of Corrections and Rehabi - Document: pages 2, price $2.0(Document Cost: $2.00)

Jan. 6, 2017

Jan. 6, 2017

33794305

Proof of Personal Service on Complaint - Other As to California Department of Corrections and Rehabi - Document: pages 2, price $2.0(Document Cost: $2.00)

Jan. 6, 2017

Jan. 6, 2017

33800106

Proof of Service Alternative Dispute Resolution Packet Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Jan. 9, 2017

Jan. 9, 2017

33827146

Opposition to demurrer to petition for writ of mandate Filed - Document: pages 21, price $13.0(Document Cost: $13.00)

Jan. 17, 2017

Jan. 17, 2017

33827151

Proof of Service Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Jan. 17, 2017

Jan. 17, 2017

33838023

Case Management Statement of Mitchell Sims, Michael Morales, American Civil Liberties Union of North - Document: pages 9, price $7.0(Document Cost: $7.00)

Jan. 19, 2017

Jan. 19, 2017

33838039

Proof of Service Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Jan. 19, 2017

Jan. 19, 2017

33838047

Proof of Service Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Jan. 19, 2017

Jan. 19, 2017

33842527

Case Management Statement of Scott Kernan, California Department of Corrections and Rehabilitation F - Document: pages 6, price $5.5(Document Cost: $5.50)

Jan. 20, 2017

Jan. 20, 2017

Complex Determination Hearing set on Court's Own Motion

Jan. 26, 2017

Jan. 26, 2017

33866513

Complex Determination Hearing 02/21/2017 03:00 PM D- 30 - Document: pages 2, price $2.0(Document Cost: $2.00)

Jan. 26, 2017

Jan. 26, 2017

33866519

Hearing Reset to Case Management Conference 03/07/2017 03:00 PM D- 30 - Document: pages 2, price $0.0

Jan. 26, 2017

Jan. 26, 2017

33866524

Hearing Reset to Demurrer to Complaint 03/07/2017 03:45 PM D- 24 - Document: pages 1, price $1.0(Document Cost: $1.00)

Jan. 26, 2017

Jan. 26, 2017

33870764

Reply Filed - Document: pages 15, price $10.0(Document Cost: $10.00)

Jan. 27, 2017

Jan. 27, 2017

33889617

Notice of Appearance Filed - Document: pages 3, price $3.0(Document Cost: $3.00)

Feb. 2, 2017

Feb. 2, 2017

33901709

Proof of Service by Mail Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Feb. 6, 2017

Feb. 6, 2017

33961358

Complex Determination Hearing Commenced and Completed - Document: pages 1, price $1.0(Document Cost: $1.00)

Feb. 21, 2017

Feb. 21, 2017

33961359

Motion Denied - Document: pages 2, price $2.0(Document Cost: $2.00)

Feb. 21, 2017

Feb. 21, 2017

33957343

Miscellaneous Attendance Sheet Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

Feb. 21, 2017

Feb. 21, 2017

33953157

Notice of Judicial Reassignment for All Purposes Issued - Document: pages 5, price $5.0(Document Cost: $5.00)

Feb. 21, 2017

Feb. 21, 2017

33973695

Order Vacating 2/21/17 Notice of Assignment for All Purposes Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Feb. 27, 2017

Feb. 27, 2017

Hearing Reset to Case Management Conference 03/07/2017 09:00 AM D- 511

Feb. 28, 2017

Feb. 28, 2017

33974193

Hearing Reset to Demurrer to Complaint 03/07/2017 09:00 AM D- 511 - Document: pages 2, price $2.0(Document Cost: $2.00)

Feb. 28, 2017

Feb. 28, 2017

Hearing Reset to Civil Law and Motion 03/07/2017 09:00 AM D- 519

March 2, 2017

March 2, 2017

Hearing Reset to Demurrer to Complaint 04/24/2017 09:00 AM D- 511

March 7, 2017

March 7, 2017

34001291

Case Management Conference Commenced and Completed - Document: pages 1, price $0.0

March 7, 2017

March 7, 2017

34001292

Case Management Conference Order Issued - Document: pages 2, price $0.0

March 7, 2017

March 7, 2017

Case Management Conf Continuance 04/24/2017 09:00 AM D- 511

March 7, 2017

March 7, 2017

34086419

Order Requesting Briefing and (Tenative) Order on Merits of Demurrer Filed - Document: pages 18, price $11.5(Document Cost: $11.50)

March 30, 2017

March 30, 2017

34097491

Case Management Statement of Scott Kernan, California Department of Corrections and Rehabilitation F - Document: pages 6, price $5.5(Document Cost: $5.50)

April 4, 2017

April 4, 2017

34116136

Brief in Opposition (Supplemental) Filed - Document: pages 10, price $7.5(Document Cost: $7.50)

April 7, 2017

April 7, 2017

34121175

Case Management Statement of Mitchell Sims, Michael Morales, American Civil Liberties Union of North - Document: pages 5, price $5.0(Document Cost: $5.00)

April 10, 2017

April 10, 2017

34121180

Proof of Service by Mail Case Management Statement Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

April 10, 2017

April 10, 2017

34141518

Reply Brief in Support of Motion Filed - Document: pages 7, price $6.0(Document Cost: $6.00)

April 14, 2017

April 14, 2017

Hearing Reset to Demurrer to Complaint 04/24/2017 09:00 AM D- 519

April 21, 2017

April 21, 2017

34168104

Case Management Conference Commenced and Continued - Document: pages 1, price $0.0

April 24, 2017

April 24, 2017

Hearing Continued to Case Management Conf Continuance dept: 511 date: 05/04/2017 time: 09:00 AM

April 24, 2017

April 24, 2017

34168315

Civil Law and Motion Hearing Commenced and Continued - Document: pages 1, price $1.0(Document Cost: $1.00)

April 24, 2017

April 24, 2017

34168316

Demurrer to Complaint - Motion Rescheduled - Document: pages 2, price $2.0(Document Cost: $2.00)

April 24, 2017

April 24, 2017

Hearing Continued to Civil Law and Motion dept: 511 date: 05/04/2017 time: 09:00 AM

April 24, 2017

April 24, 2017

34208655

Civil Law and Motion Hearing Commenced and Completed - Document: pages 1, price $1.0(Document Cost: $1.00)

May 4, 2017

May 4, 2017

34208656

Demurrer to Complaint Taken Under Submission - Document: pages 1, price $1.0(Document Cost: $1.00)

May 4, 2017

May 4, 2017

34210215

Case Management Conference Commenced and Completed - Document: pages 1, price $0.0

May 4, 2017

May 4, 2017

34210216

Case Management Conference Order Issued - Document: pages 2, price $0.0

May 4, 2017

May 4, 2017

Case Management Conf Continuance 06/08/2017 09:00 AM D- 511

May 4, 2017

May 4, 2017

34228655

Demurrer Sustained W/O Leave to Amend As To Matter - Document: pages 27, price $16.0(Document Cost: $16.00)

May 9, 2017

May 9, 2017

34330035

Letter from Covington & Burling LLP dated June 8, 2017 Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

June 8, 2017

June 8, 2017

34330045

Proposed Judgment Filed - Document: pages 4, price $4.0(Document Cost: $4.00)

June 8, 2017

June 8, 2017

34363113

Judgment Dismissal Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

June 15, 2017

June 15, 2017

34363132

Judgment Entered - Document: pages 2, price $2.0(Document Cost: $2.00)

June 15, 2017

June 15, 2017

34365119

Judgment Dismissal Filed - Document: pages 3, price $3.0(Document Cost: $3.00)

June 16, 2017

June 16, 2017

34365147

Judgment Entered - Document: pages 3, price $3.0(Document Cost: $3.00)

June 20, 2017

June 20, 2017

34370697

Proof of Service by Mail Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

June 20, 2017

June 20, 2017

34368337

Notice of Appeal Filed by Mitchell Sims, Michael Morales, American Civil Liberties Union of Northern - Document: pages 1, price $1.0(Document Cost: $1.00)

June 20, 2017

June 20, 2017

34371554

Notice to Attorney re Notice of Appeal Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

June 21, 2017

June 21, 2017

34382627

Proof of Service by Mail Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

June 23, 2017

June 23, 2017

34390833

Receipt for Notice of Appeal by DCA Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

June 27, 2017

June 27, 2017

34394538

Notice to Attorney re Notice of Appeal Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

June 28, 2017

June 28, 2017

34396582

Designation of Record Filed - Document: pages 4, price $4.0(Document Cost: $4.00)

June 28, 2017

June 28, 2017

34396583

Proof of Service by Mail Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

June 28, 2017

June 28, 2017

34396598

Billing Notice Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

June 28, 2017

June 28, 2017

34415204

Memorandum of Costs (Summary) Filed for Mitchell Sims, Michael Morales, American Civil Liberties Uni - Document: pages 2, price $2.0(Document Cost: $2.00)

July 5, 2017

July 5, 2017

34420495

Notice to Court Reporter to Prepare Transcripts Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

July 6, 2017

July 6, 2017

34421882

Returned Mail: Notice to Atty Re: Notice of Appeal Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

July 6, 2017

July 6, 2017

34522816

Notice of Certification of Record Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Aug. 4, 2017

Aug. 4, 2017

34542876

Receipt for Record on Appeal of Mitchell Sims Filed - Document: pages 1, price $1.0(Document Cost: $1.00)

Aug. 10, 2017

Aug. 10, 2017

34700205

Amended Judgment Filed - Document: pages 2, price $2.0(Document Cost: $2.00)

Sept. 22, 2017

Sept. 22, 2017

34700222

Judgment Entered - Document: pages 2, price $2.0(Document Cost: $2.00)

Sept. 22, 2017

Sept. 22, 2017

36705123

Remittitur Filed - Document: pages 14, price $9.5(Document Cost: $9.50)

April 22, 2019

April 22, 2019

Case Details

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: Nov. 15, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two condemned inmates of the California Department of Corrections and Rehabilitation and the ACLU of Northern California.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections and Rehabilitation, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conflict of interest

Affected Sex or Gender:

Male

Death Penalty:

Lethal Injection - General