State defies federal judge, hangs onto money for prison health care

San Francisco Chronicle ^ | 10/27/8 | Bob Egelko

[SmithL]

SAN FRANCISCO -- The lawyer representing California in a lawsuit over prison health care said today that state officials aren't ready to comply with a federal judge's order to turn over $250 million for new hospitals for inmates, despite the possibility of a contempt-of-court order against Gov. Arnold Schwarzenegger.

U.S. District Judge Thelton Henderson ordered Schwarzenegger and state Controller John Chiang on Oct. 8 to tell him how soon they would provide the money, the first installment in an $8 billion construction plan that a court-appointed manager drew up to raise the prison health system to constitutional standards.

Henderson said at an earlier hearing that he was prepared to hold Schwarzenegger and Chiang in contempt, with fines against the state of as much as $2 million a day, unless they turn over $250 million in prison funding that the Legislature has already approved. But at today's hearing in San Francisco, Deputy Attorney General Daniel Powell said the state is not legally required to follow such an order and has no immediate plans to do so.

"This court has no authority to order construction of prisons," Powell told Henderson. He said state officials must review the construction plans and seek specific approval from the Legislature.

If the state maintains that position, Henderson said, he'll go "full speed ahead" with contempt proceedings.

[SmithL]

Henderson, Thelton Eugene

Born 1933 in Shreveport, LA

Federal Judicial Service:
Judge, U. S. District Court, Northern District of California
Nominated by Jimmy Carter on May 9, 1980, to a seat vacated by Cecil F. Poole; Confirmed by the Senate on June 26, 1980, and received commission on June 30, 1980. Served as chief judge, 1990-1997. Assumed senior status on November 28, 1998.

Education:
University of California, Berkeley, B.A., 1956

University of California, Berkeley, Boalt Hall School of Law, J.D., 1962

Professional Career:
U.S. Army Corporal, 1956-1958
Attorney, Civil Rights Division, U.S. Department of Justice, 1962-1963
Private practice, Oakland, California, 1964-1966
Directing attorney, East Bayshore Neighborhood Legal Center, East Palo Alto, California, 1966-1969
Assistant dean, Stanford Law School, 1968-1977
Private practice, San Francisco, California, 1977-1980
Associate professor, Golden Gate University School of Law, 1978-1980

Race or Ethnicity: African American

Gender: Male

Bibliography

[Tamar1973]

I think our representatives in the US Senate should actually represent us for once and seek to impeach this fascist in a black robe.

[I got the rope]

This is funny.

[I got the rope]

Judge Thelton Eugene Henderson...the Philosopher King

[Jacquerie]

. . .an $8 billion construction plan that a court-appointed manager drew up . . .

I do not think unelected lawyers should be able to order the other branches to spend taxpayer's $.

[MeanWestTexan]

I would suggest the judge break the foundation for the prison himself.

The way to break judicial tyranny is to ignore the judges.

[DoughtyOne]

Food, water, a bath once a week...

I don’t see any place in the U. S. Constitution that requires even this.

This judge is an ass.

[hinckley buzzard]

This is a good example of just what Obama was saying in the notorious "redistribution of wealth" tape--that in the landmark civil rights cases the judiciary did not see its way clear to move toward "economic justice" ie overturn the Constitution and seize private and government monies to be distributed to "victims" (reparations anyone?). This unethical and obscene excuse for a judge is attempting do just that, in a slightly indirect way.

There is a strong precedent btw that the Constitution requires the provision of medical care to prisoners. Consequently, the judge can order the state to provide services, and it is up to the state to do so. If someone doesn't like the job the state does, he can go back to court.

But there is no precedent for the federal court to demand the state to hand over money to be spent as the judge wishes. And therein lies the difference between Obama and his stormtroops on the one hand, and Americans on the other.

[William Tell]

Jacquerie said: "I do not think unelected lawyers should be able to order the other branches to spend taxpayer's $."

If the law of the land, including the Constitution, requires such spending, then I see nothing wrong with the courts insisting that the law be followed.

But it is unlikely that there is any law which requires health care at the level that this court is insisting upon. The health care I get is the health care I pay for and is subject to deductibles. I would suggest that any prisoners who desire an improvement in health care should seek productive work and purchase health insurance.

[goldstategop]

A federal judge has no constitutional authority to run a run a state prison system or to order a state to spend money on anything. There's such a thing as the separation of powers. Thelton Henderson is exceeding his authority. He can put California in contempt but he has no way of getting the money unless he sends federal marshals in to take it by force.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[catpuppy]

It is time for Congress and State legislatures to refuse to let unelected judges take over the legislative function. Taxation and appropriation are legislative functions. Any judge who rules otherwise should be ignored and impeached.

[goldstategop]

The issue is whether we have a government of laws or a government of men. When we have judges legislating from the bench, we already have lost sight of the meaning of limited government.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[jwparkerjr]

Wasn’t there a federal judge 10 years or so ago who ordered a school district to raise taxes by a specific amount and to use the money, under court supervision, for school construction and other needs? I recall a huge outcry over that, but don’t recall if anything was ever done to appeal or what.

[Melchior]

In the nineteen sixties Henderson was the Philosopher King of Oakland’s Black Power movement.

[TrueKnightGalahad]

The judge seems to be off his meds:

[Unicorn]

Sounds about right.

[verity]

“The Pelican Brief” was a fascinating novel by John Grisham which had an unusual plot.