Free Declaration in Support - District Court of California - California

Case 5:07-cv-04920-JF

Document 38

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] Attorneys for Defendants Lemon, Ayers, Tilton, Ebert, Ortiz, Plyrnesser, Robinson, Ratliff, and Grannis

IN THE UNITED STATES DISTRICThCOURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 15

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GREGORY TABAREZ,

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C 07-4920 JF
DECLARATION OF DEFENDANT B. EBERT IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Plaintiff,

v.
JAMES TILTON, et al.,

Defendants.

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1. I have been employed by the California Department of Corrections and Rehabilitation 22 23 (CDCR) since October 2000. I have been assigned to the California State Prison - San Quentin 24 (San Quentin) since December 2000. I currently serve in the capacity of Correctional Counselor 25 I. 26 2.

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I, B. Ebert, declare the following:

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I have reviewed Plaintiffs complaint filed in this lawsuit and the attached exhibits.

3. As a Correctional Counselor I, my duties require me to participate as a Unit 27 28 Classification Committee (UCC) member. During the UCC hearings I serve as the recorder. As

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Decl. D d Ebert Supp. Defs.' Mot. S u m . J.

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

Case 5:07-cv-04920-JF

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:he recorder, it is my responsibility to memorialize the UCC hearing and to record the most 3ertinent information fi-om the UCC hearing.

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4. On December 4,2006, Plaintiff appeared before the UCC for a hearing. At the hearing, Plaintiff was recommended for a transfer from San Quentin to a different facility. At the time Plaintiff appeared before the UCC, I understood that he had filed a lawsuit in 2002 against Defendant Lemon. At the UCC hearing, Plaintiff was recommended for transfer to ensure that Defendant Lemon's role as Chief Deputy Warden at San Quentin had no bearing on Plaintiffs Lawsuit against Defendant Lemon and to prevent any possible allegation of perceived retaliation 3f any nature against Plaintiff. At the hearing, the UCC recommended Plaintiff for transfer to a different prison. 5. As part of my duties as the CCI, I contacted Plaintiff and asked if there were any prisons that he wanted to be transferred to from San Quentin. Although he did not want to be transferred fiom San Quentin, he requested that he be transferred to the Correctional Training Facility (CTF) or to California State Prison - Solano (Solano) because these facilities were located near Sacramento, CA, where his family resided. At the hearing, the UCC recommended that Plaintiff be transferred to CTF or Solano. 6. I understand that Plaintiffs classification score is nineteen points. Inmates with a classification score of nineteen points are identified as Level I1 inmates. Further, I understand that Plaintiff is serving a twenty-eight-years-to-life sentence and is a Close-B inmate. Given the
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fact that Plaintiff is a Close-B inmate, there are few Level I1 institutions at which he could be housed. CTF is an institution that houses Level I1 inmates with Close-B custo\dy status. Thus, it was appropriate to'recommend Plaintiff to be transferred to CTF, Level 11. 7. As stated above, my duties require me to record the UCC hearings. At the December

4, 2006 UCC hearing, I did this by memorizing the pertinent information in a document identified as a CDC 128-G. Generally, I have up to thirty days to prepare the CDC 128-G. However, following Plaintiffs appearance before the December 4,2006 UCC, I prepared the CDC 128-G and provided plaintiff with a copy bn December 5,2006. A true and correct copy of the DECEMBER 4,2006 CDC 128-G is attached as Exhibit A.
Decl. Def. Ebert Supp. Defs.' Mot. Summ. J.

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

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Case 5:07-cv-04920-JF

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A1 the UCC hearing, 1 did not have ihc authority or respollsibility ro rejccr or p r e v e ~ ~ t

o 2 the CJCC's recommendation tliat Plaintiff be tritnsfcrred L +motherp r i s o ~ lAlthougil 1 did not
was 2 believe lhal the ra:o~~lrnendation improper, if 1 believed i t to be improper, !cauld hnvc siatcd
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noi thc 4 niy bclicf in the December 1,2006 CDC 128-G. Howc\fer, [ids woi~id have chnng~d

or 5 autcon~l: sroppcd Plaintifi7s Iransfer.
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This declarniioll is basca on porsonal knowledge, cxcepl where indicated to bc based

and belicf. As to those matters, 1 believe them 10 bc t T ~ ~ c . 7 or. informa~ion

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i dcclilrc under pel~zlty olpct-iury that tlio foregoing is tnic and comcl ormy own
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9 knowlcdgc.

Er~cuted on

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2008 a1 San Qucntin, California.

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Dccl. Dcf. Ebc1-z Supp. l3eli.' Mot. Surnrn. J.

ti 7'cllrcr~cz J. 7i'lf(>/l. v.

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