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MORALES v. CALIFORNIA DEPT. OF CORRECTIONS & REHABILITATION

No. A120115.

168 Cal.App.4th 729 (2008)

MICHAEL MORALES et al., Plaintiffs and Respondents, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION et al., Defendants and Appellants.

Court of Appeals of California, First District, Division Five.

November 21, 2008.

Attorney(s) appearing for the Case

Edmund G. Brown, Jr., Attorney General, David S. Chaney, Chief Assistant Attorney General, Frances T. Grunder, Assistant Attorney General, Thomas S. Patterson and Michael J. Quinn, Deputy Attorneys General, for Defendants and Appellants.

Munger, Tolles & Olson, Bradley S. Phillips, Grant A. Davis-Denny and Eric P. Tuttle for Plaintiffs and Respondents.

OPINION

SIMONS, Acting P. J.

The treatment and management of condemned inmates from the time an execution date is set through completion of the execution is subject to a protocol issued on May 15, 2007, by the California Department of Corrections and Rehabilitation (CDCR) and CDCR Secretary James E. Tilton (Tilton) (collectively appellants).1 The protocol, Operational Procedure No. 0-770, is formally titled, "STATE OF CALIFORNIA...

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