Jerry VALDIVIA; Alfred Yancy; Hossie Welch, on their own behalf and on behalf of the class of all persons similarly situated, Plaintiffs-Appellees,
v.
Arnold SCHWARZENEGGER, Governor of the State of California, Defendant-Appellant.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted January 11, 2010.
Filed March 25, 2010.
Attorney(s) appearing for the Case
Vickie P. Whitney, Office of the Attorney General of the State of California, Sacramento, CA, and S. Anne Johnson, Hanson Bridgett LLP, San Francisco, CA, for the defendant-appellant.
Loren G. Stewart and Ernest Galvan, Rosen, Bien & Galvan LLP, San Francisco, CA; Geoffrey Holtz, Bingham McCutchen LLP, San Francisco, CA, for the plaintiffs-appellees.
Kent S. Scheidegger, Criminal Justice Legal Foundation, Sacramento, CA, for amici Criminal Justice Legal Foundation, Crime Victims United of California, and Senator George Runner.
Wendy Musell, Stewart & Musell, San Francisco, CA, for amici The American Civil Liberties Union of Northern California, Legal Services for Prisoners and Children, The Justice Policy Institute, the National Council on Crime and Delinquency, The Sentencing Project, Hadar Aviram, W. David Ball, Sharon Dolovich, Malcolm M. Feeley, Michael Pinard, Jonathan Simon and Jeremy Travis.
Opinion by Judge HAWKINS; Partial Concurrence and Partial Dissent by Judge NOONAN.
United States Court of Appeals, Ninth Circuit.
HAWKINS, Circuit Judge:
These consolidated appeals stem from the November 2003 Valdivia Permanent Injunction ("the Injunction")—based on a stipulation between Jerry Valdivia ("Valdivia") and a class of similarly situated California parolees1 ("Plaintiffs"), and Governor Arnold Schwarzenegger and the State of California (collectively "the State")— prescribing procedures for parole revocation hearings in California. Here, the...
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