California Court of Appeal
Morales v. California Dept. of Corr. and Rehab., A120115
Decision granting summary judgment in favor of plaintiffs and enjoining defendants from carrying out lethal injection of any condemned inmates under Operational Procedure (OP) 770 unless and until that protocol was promulgated in compliance with the Administrative Procedure Act (APA) is affirmed over claims of error that: 1) OP 770 is not subject to the APA because it is not a rule of "general application"; and 2) OP 770 qualifies for the "single facility exception" to the requirements of the APA, set forth in Penal Code section 5058, subdivision (c)(1).
Appellate Information
- Decided 11/21/2008
- Published 11/21/2008
Judges
- SIMONS, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellant:
- Edmund G. Brown, Jr., Attorney General, David S. Chaney, Chief Assistant Attorney General, Frances T. Grunder, Assistant Attorney General, Thomas S. Patterson and Michael J. Quinn, Deputy Attorneys General, for Plaintiff and Appellant.
- For Appellees:
- Munger, Tolles & Olson, Bradley S. Phillips, Grant A. Davis-Denny and Eric P. Tuttle, Los Angeles, for Defendants and Respondents.