California Court of Appeal

In warden's appeal of order granting a writ of habeas corpus which prohibits preferential treatment of inmates on the basis of ethnicity, order is affirmed where: 1) strict scrutiny applies to the prison's race based policies; 2) the race based partial lockdown is not narrowly tailored to a compelling state interest; and 3) the trial court did not err in granting declaratory relief or in asserting continuing jurisdiction to enforce its order.

Appellate Information

• Decided 01/23/2013
• Published 01/23/2013

Judges

• POLLAK

Court

• California Court of Appeal

Counsel