Federal court denies emergency motion on behalf of prisoners in CA for pop. reduction in CDCR to address #COVID2019.

The court holds they are bound by the restrictions in the Prison Litigation Reform Act which places significant limitations on the federal court's ability to act https://twitter.com/ChatfieldKate/status/1245841638993227776

Here is the decision: https://www.courtlistener.com/recap/gov.uscourts.cand.76/gov.uscourts.cand.76.3261.0.pdf

The court begins by acknowledging the crisis:

The court acknowledges that they understand the crisis and the "undisputed risk of further contagion in a carceral environment" and cites to the news from Cook County, IL.

They deny the motion but say Plaintiffs can come back to the individual judges if Newsom doesn't act.

The court holds they're limited by the PLRA b/c the court (even in an emergency, apparently) must first order "less intrusive relief" and the Defendant (CDCR) must first be given an opportunity to comply.

The court acknowledges that "reasonable" in ordinary times may not be "reasonable" now.

The court, in its decision that they can't do anything states something obvious and so Kafkaesque about our prisons in the US.

They're all horrible and all overcrowded. So, shrug, nothing to see here in California, even with it's particular overcrowding...

So, despite the fact that @GavinNewsom's CDCR has "longstanding systemic constitutional deficiencies in CA's prison health care deliver system," Plaintiffs have to show a unique constitutional violation based on their current (heretofore inadequate) response to the virus.

The court denies it "w/o prejudice" for the Plaintiffs to go back to the individual judges to assert that @GavinNewsom's response is constitutionally inadequate. Then the judge can make orders short of release. If that doesn't solve it, then the 3 judge panel can re-hear it.

In a strong conclusion, the 3 judge panel tells @GavinNewsom that he can, and should, take "significant efforts" and "leave no stone unturned" to avoid "catastrophic results."

If he doesn't, the deaths are his.