Free Declaration in Support - District Court of California - California

Case 5:07-cv-04920-JF

Document 37

Filed 06/05/2008

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EDMUND G. BROWN JR. Attorney General of the State of California DAVID S. CHANEY Chef Assistant Attorney General FRANCES T. GRUNDER Senior Assistant Attorney General THOMAS S. PATTERSON Supervising Deputy Attorney General TRACE 0.MAIORJNO, 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

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FOR THE NORTHERN DISTRICT OF CALIFOFO4IA SAN JOSE DIVISION

GREGORY TABAREZ,

C 07-4920 J F
V

Plaintiff,

v.
JAMES TILTON, et al.,

DECLARATION OF DEFENDANT G. ORTIZ IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

Defendants.

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I, G. Ortiz, declare the following: 1. I was employed by CDCR for thirty-eight years. In 2002, I retired from the CDCR. At

23 the time of my retirement, I was assigned to the Correctional Training Facility (CTF), at Soledad, 24 California. In 2005, I returned to CTF as a retired annuitant. I worked part-time as an Associate 25 Warden during the years 2005 and 2006. As a retired annuitant, I worked as a part-time 26 employee and worked approximately 960 hours per fiscal year. In 2007, I was reinstated as a 27 permanent Associate Warden and worked full-time. On April 15,2008, I retired fiom CDCR 28 and have not returned to work.
Decl. Def. Ortiz Supp Defs.' Mot. Sumrn. J.
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G. Tabarez v. J. Tilton, et al. C 07-4920 JF

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Case 5:07-cv-04920-JF

Document 37

Filed 06/05/2008

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2.

I have revitwed Plaintiffs cornplaint filed in this lawsuit. In necmber 2006, I w a s

not performing any duties tit CTF bemuse as a retired annuitant, 1had worked thc maximum
number ofhours for the fiscal year.of 2006. I had worked the fiaxirnm number of 'houxs by

approximately June 2006. Thaafose, Iwarr hot working at CTF at the rime Pbintiffwas
fxansfenod to CTF in December 2006. X had no involvement with Plaintiffs trmsfer fiom Sm

6 Quentin to CTF in December 2006,
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I have reviewed Plaintif3's Exlibit E attached to his complaint Bled i this lawsuit. . n

Included

Exhibit E, is a copy of a Sccond Level R~viewer's Reaposse to P1ahti.V~ inmate
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appeal, Log. No. CTF-N 06-04251, I: m\iewcd in Zhe capacity of Associate TYmdtn at CTF that

on February 28,2007. In l i s appeal, Plait1r;iff complained .that as a n ' ~A massigned ilxnatc: ha 1
did not receive the samo privileges as the A1A assigned inn atae. As part of the appeal response,

I explained to Plaintiff that unas~igncd inmates received morning and &c&oon recreationdl
privileges and that assigned inmates received night t h e and weekend, rtzcraatioaal activities.

Further, Plaintiff compl~in.edh t he did not'havo R job assignment. 1further explained, that a t
job assignment would be offwed to him once a job &aimment became availablb. In his appeal,

Plaintiff did not scok a transfar from CTF and it was not at issue.
4.

In his complaint, Plainriff alloges that hc had Bled a previous lawsuit, identified as

action n.9. 04-0360, against Defendant Lemon based on an alleged incident that dccuued in 2002
at Cnlifornia Stato'Prison Fol,crom, I had no prior knowledge of Plaintiffs lawsuit, identified as
action no. 04-0360, against Defendant Lenlo~tMorsove~~ not h~niliar I am , wit11kfbndan-&

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Lemon.
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TJ~iiu decl&ation is based on personal bowledge, except where indicdad to be based

on infomation and belief. As to those mattars, I belime them to be true.

Ideclorre. undcr pmalty of perjury that the foregoing is true a n d correct of my own
howledge.

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Executed

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Decl. Daf. Ortiz Supp Defs.' Mot. Sumni. I.