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PLATA v. BROWN

No. 13-15466.

754 F.3d 1070 (2014)

Marciano PLATA; Otis Shaw; Ray Stoderd; Joseph Long; Leslie Rhoades; Gilbert Aviles; Paul Decasas; Steven Bautista; Raymond Johns; Elijah J. Sandoval; Gary Alan Smith; Clifford Myelle; Dondi Van Horn, Plaintiffs-Appellees, Medical Development International, Petitioner-Appellee, v. Edmund G. BROWN, Jr., Governor of the State of California; Jeffrey A. Beard, Dr., Secretary of the California Department of Corrections and Rehabilitation; Ana J. Matosantos, Director of the Department of Finance, Defendants-Appellants, J. Clark Kelso, Receiver-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 28, 2014.

Attorney(s) appearing for the Case

Kamala D. Harris , Attorney General of California, Jonathan L. Wolff , Senior Assistant Attorney General, Thomas S. Patterson , Supervising Deputy Attorney General, Jose A. Zelidon-Zepeda (argued), Deputy Attorney General, San Francisco, CA, for Defendants-Appellants.

Donald Specter , Rebekah Evenson , Kelly Knapp (argued), Prison Law Office, Berkeley, CA, for Plaintiffs-Appellees.

Opinion by Judge Schroeder; Dissent by Judge Bybee.

OPINION

SCHROEDER, Circuit Judge:

We deal with still another phase of litigation aimed at curing egregious constitutional violations in the operation of the California prison system. The Supreme Court in 2011 said the violations "remain uncorrected" after having "persisted for years." Brown v. Plata, ___ U.S. ___, 131 S.Ct. 1910, 1922, 179 L.Ed.2d 969 (2011). The Court...

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