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CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSN. v. SCHWARZENEGGER

No. C055327.

163 Cal.App.4th 802 (2008)

CALIFORNIA CORRECTIONAL PEACE OFFICERS ASSOCIATION et al., Plaintiffs and Respondents, v. ARNOLD SCHWARZENEGGER, as Governor, etc., et al., Defendants and Appellants.

Court of Appeals of California, Third District.

June 4, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, Christopher E. Krueger, Teri L. Block, Jonathan K. Renner, Thomas M. Patton, Vickie Pochelle Whitney and Stacy Boulware Eurie, Deputy Attorneys General, for Defendants and Appellants.

Gibson, Dunn & Crutcher, Daniel M. Kolkey and Rebecca Justice Lazarus for Corrections Corporation of America as Amicus Curiae on behalf of Defendants and Appellants.

Reed Smith and Paul D. Fogel for The GEO Group, Inc., as Amicus Curiae on behalf of Defendants and Appellants.

Nielsen, Merksamer, Parrinello, Mueller & Naylor, Steven A. Merksamer, Richard D. Martland and Kurt R. Oneto for George Deukmejian, Pete Wilson and Gray Davis as Amici Curiae on behalf of Defendants and Appellants.

Carroll, Burdick & McDonough, Ronald Yank, Laurie Hepler, Gregg McLean Adam, Jennifer S. Stoughton; Benjamin C. Sybesma and Christine Albertine for Plaintiff and Respondent California Correctional Peace Officers Association.

Paul E. Harris III and Anne M. Giese for Plaintiff and Respondent Service Employees International Union, Local 1000.

OPINION

SCOTLAND, P.J.

In October 2005, California's prison system reached a milestone that its facilities were ill-equipped to handle. Prison inmates numbered 166,148, a historic high greatly exceeding the capacity for which the prisons were designed. It is undisputed that severe overcrowding of state prisons posed a serious threat to the health and safety of inmates, correctional officers, and the general public because it (1) heightened the risk of inmate...

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