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Administrative Law Keyed to Schwartz
Morales v. California Department of Corrections & Rehabilitation
Citation:
85 Cal. Rptr. 3d 724 (2008)Facts
San Quentin State Prison is the only prison authorized to execute California inmates. In 2007, the CDCR adopted Operational Procedure No. 0-770 (OP 770), a protocol establishing guidelines for the execution of condemned inmates by lethal injection. The protocol detailed procedures for the care and treatment of condemned inmates from the time an execution date is set through completion of execution, established criteria for selection and training of the lethal injection team, delineated specific duties of personnel, and ensured supervision of the process. The protocol assigned responsibilities to various CDCR officials, including some who did not work at San Quentin. Two condemned inmates, Michael Morales and Mitchell Sims, challenged the validity of OP 770, arguing it had been adopted without compliance with the APA’s public notice and comment requirements.
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