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Criminal Law Keyed to Capers
Brown v. Plata
Citation:563 U.S. 493 (2011)
The Corrections Independent Review Panel, a body appointed by the Governor and composed of correctional consultants and representatives from state agencies, concluded that California’s prisons are severely overcrowded, imperiling the safety of both correctional employees and inmates. In 2006, then-Governor Schwarzenegger declared a state of emergency in the prisons, as immediate action is necessary to prevent death and harm caused by California’s severe prison overcrowding. The consequences of overcrowding identified by the Governor include increased, substantial risk for transmission of infectious illness and a suicide rate approaching an average of one per week. The State conceded that deficiencies in prison medical care violated prisoners’ Eighth Amendment rights. The State stipulated to a remedial injunction. The State failed to comply with that injunction, and in 2005 the court appointed a Receiver to oversee remedial efforts.
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