California Court of Appeal

In matter involving allegation that inmate petitioner was being denied adequate medical treatment and care due to delay in providing certain recommended surgery, petition for writ of habeas corpus is granted where: 1) petition is not moot because petitioner received his surgery as a factual dispute remains concerning whether petitioner obtained the relief requested and the case presents an issue of great public import; and 2) despite the receivership, California courts retain jurisdiction over the state prison system in general and inmates' claims of inadequate medical care in particular.

Appellate Information

• Decided 08/14/2008
• Published 08/14/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Jesus Estevez, in propria persona, for Petitioner., Futterman and Dupree, San Francisco, and Martin H. Dodd, for J. Clark Kelso, Receiver.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Christopher J. Rench and Jennifer A. Neill, Deputy Attorneys General, for Respondent Anthony Hedgpeth, Warden.