Free Declaration in Support - District Court of California - California

Case 5:07-cv-04920-JF

Document 39

Filed 06/05/2008

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EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chief Assistant Attorney General FRANCES T. GRUNDER Senior Assistant Attorney General THOMAS S. PATTERSON Supervising Deputy Attorney General TRACE 0. MAIORINO, State Bar No. 179749 Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5975 Fax: (415) 703-5843 Email: [email protected] 9 Attorneys for Defendants Lemon, Ayers, Tilton, Ebert, Ortiz, Plymesser, Robinson, Ratliff, and Grannis

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

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GREGORY TABAREZ,

T C 07-4920 J
Plaintiff,
DECLARATION OF DEFENDANT C. PLYMESSER IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

v.

JAMES TILTON, et al.,

Defendants.

1. I have been employed by the California Department of Corrections and Rehabilitation 22 23 (CDCR) since March 1980. I have been assigned to the Correctional Training Facility (CTF) 24 since 1996. I currently serve in the capacity of Correctional Counselor 11.
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I, C. Plyrnesser, declare the following:

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3. On December 20,2006, Plaintiff appeared before the Unit Classification Committee 26 27 (UCC) for an initial hearing following his transfer fiom California State Prison - San Quentin 28 (San Quentin). A UCC is typically chaired by the facility captain. The facility captain was not
Decl. Def. Plymesser Supp. Defs.' Mot. Sumrn. J.

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2.

I have reviewed Plaintiffs complaint filed in t h s lawsuit and the attached exhibits.

G. Tabarez v. J. Tilton, et al.
C 07-4920 JF

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Case 5:07-cv-04920-JF

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Filed 06/05/2008

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present on December 20,2006. Thus, I served as the acting-captain. As the acting-captain, I had the authority to chair the UCC hearing. The UCC consisted of myself, Defendant Robinson, and Defendant Ratliff. Both Defendant Robinson and Defendant Ratliff held a lower rank than myself at the UCC hearing. 4. As a recent transfer to CTF, Plaintiff appeared before the UCC on December 20,2006

6 for a limited purpose. Plaintiff appeared before the UCC to ensure that he was properly North Facility, that 7 transferred to CTF fiom San Quentin, that he was properly housed at CTFYs he was placed in the appropriate work-group and privilege-group, and to ensure that he was placed on the waiting list for an appropriate program at CTF.
5.

To determine whether Plaintiff was properly transferred to CTF, I confirmed that he

had been endorsed for transfer by a Classification Staff Representative (CSR). According to a December 4,2006 CDC 128-G, Plaintiff was endorsed for transfer to CTF-I1 by a CSR named K. Ligon. Thus, he was properly endorsed to be transferred to CTF and not another prison facility. I did not have the authority or responsibility to investigate or question the reasons behind the endorsement by the CSR. Neither Defendant Robinson or Defendant Ratliff had the authority or responsibility to investigate or question the reasons behind the endorsement by the CSR. Accordingly, the December 20,2006 UCC did not have the authority to recommend that Plaintiff be returned to San Quentin. 6. If Plaintiff was dissatisfied with his transfer to CTF, he had available remedies. The

proper venue for his grievance was the inmate appeals process. It would not have been appropriate for me to consider his grievance at the December 20,2006 UCC. Moreover, I did not have the authority to do so. 7. CTF is a multi-level facility comprised of Central, South, and North facilities and

housing Level I, 11, and I11 inmates. The classification score of an inmate determines the inmates' housing level. I understand that Plaintiffs classification score in December 2006 was nineteen points. Thus, Plaintiff was a Level I1 inmate. 8. I further understand that Plaintiff was housed at CTF-North Facility (CTF-North).

CTF-North houses approximately 2,600 inmates. In December 2006 CTF-North housed Level I,
Decl. Def. Plyrnesser Supp. Defs.' Mot. Summ. J.

G. Tabarez v. J. Tilton, et al.
C 07-4920 JF

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Case 5:07-cv-04920-JF

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Filed 06/05/2008

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1 IT, and 11inmates. 1
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1 1accordance wilh 1

institutjor~al procedure, O~eratjonal Procedure No. 80.

3 CTF-Nor111 is a multi-levcl raciliiy, housing Level LZ and Level TJT inmates. In accordance with

3 CCR 3375.1 @) Level 1 inmates may be housed tempor&~ily CTT-North racilily,pending bed at
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availabiJity at CTF-SOUL~I lacility, a designated Level T housing facility.

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9. 1 am familiar with Delendant Le~non.I worked at Folsom State Prison (Folsom) fiom

6 1990 t o 1996. At some lime before J left Folsom, Defendant Lemon b e c m e the Associotc

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7 Warden at Folsom. As a Correctional Counselor I, Defendant Lemon was not my inlincdiarc
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the dutics. T 6 supervisor. Howevcr, I did have liiniied contiact with him B~roughout course o f ~ n y

9 was not aware that Plainliff had filed a lawsui~ against Defendan1 Lemon related to a 2002
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I0 incident at Folsorn until Plainliff told me at rhc December 20,2006 UCC l~earing.
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10. Tlis declaration is based on personal knowledge, except where indicated ro bc based

12 on informatios and belieL As to thase matters, I believe them to be true.
13 1 declare under pcnalry of perjury that. the foregoing is lnle and correct of my own

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Executed on June 2 , 2 0 0 8 at Soledad, California.

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Decl. Def. Plymcssa Supp. Dcfs.' Mot. Summ, J.