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PLATA v. SCHWARZENEGGER

Nos. 08-17412, 08-74778.

560 F.3d 976 (2009)

Marciano PLATA, Plaintiff-Appellee, J. Clark Kelso, Receiver, v. Arnold SCHWARZENEGGER, Governor; John Chiang, Controller, Defendants-Appellants. In re Arnold Schwarzenegger, et al., Arnold Schwarzenegger, et al., Petitioners, v. United States District Court for the Northern District of California (San Francisco), Respondent, Marciano Plata, et al.; J. Clark Kelso, Receiver, Real Parties in Interest.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2009.

Attorney(s) appearing for the Case

Daniel J. Powell, Deputy Attorney General, California Department of Justice, San Francisco, CA, for the defendants-appellants/petitioners.

James J. Brosnahan, Morrison & Foerster, LLP, San Francisco, CA, for the receiver, J. Clark Kelso.

Before: MARY M. SCHROEDER, WILLIAM C. CANBY, JR. and HAWKINS, Circuit Judges.

CANBY, Circuit Judge:

This case arises out of a receivership created by the district court to oversee the provision of health care at prisons under the jurisdiction of the California Department of Corrections and Rehabilitation ("CDCR"). J. Clark Kelso ("the Receiver") brought a motion for contempt against California Governor Arnold Schwarzenegger and California State Controller John Chiang ("the State") for failure to fund the Receiver's capital projects. After a...

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