Free Declaration in Support - District Court of California - California

Case 3:07-cv-02928-JSW

Document 27

Filed 06/23/2008

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1 EDMUND G. BROWN JR. Attorney General of the State of California 2 DAVID S. CHANEY Chief Assistant Attorney General 3 FRANCEST.GRUNDER Senior Assistant Attorney General 4 MICHAEL W. JORGENSON Supervising Deputy Attorney General 5 LISA SCIANDRA, State Bar No. 246532 Deputy Attorney General 6 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 7 Telephone: (415) 703-5846 Fax: (415) 703-5480 8 Email: [email protected] 9 Attorneys for Defendants Curry, Chudy, Hill, Hedrick, Raghunath, Grannis, Aboytes, and Klein 10
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IN THE UNITED STATES DISTRICT COUR:r 12 FOR THE NORTHERN DISTRICT OF.CALIFORNIA 13 SAN FRANCISCO DIVISION 14 15 16 17 18 19 20 21 22 23 24
(

RONALD BRATTON, Plaintiff,

Case No. C 07-2928 JSW DECLARATION OF P. SANTIAGO IN SUPPORT OF DEFENDANTS'MOTION TO DISMISS

v.
BEN CURRY, Defendants.

I, P. SANTIAGO, declare as follows: 1. I am employed by the California Department of Corrections and Rehabilitation

(CDCR) as an Appeals Coordinator at the Correctional Training Facility (CTF). My job duties include processing inmate appeals (CDC Form 602), assigning appeals to the appropriate staff, and monitoring and maintaining the computer database in the Imnate Appeals Office. I am competent to testify to the matters set forth in this declaration, and if called upon to do so, I would and could so testify. I submit this declaration in support of Defendants , Motion to Dismiss.
Dec!. Santiago in Support of Mot. toDismiss
R. Bratton v. B. Curry, et al.

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C 07-2928 JSW

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2.

Under the California Code of Regulations, inmates must submit appeals to the Appeals

2 Coordinator at the institution within fifteen working days of the event or decision being 3 appealed, or of receiving an unacceptable lower level appeal decision. 4 3. When an inmate has filed a CDC Form 602 appeal that meets the criteria for review

5 pursuant to the California Code of Regulations, the appeal is recorded into the Inmate Appeals 6 Office computer database. The recording is made at or near the time the inmate appeal is 7 received by me or another employee with personal knowledge of the appeal process. The 8 database is kept in the course of regularly conducted business activity and every effort is made to 9 maintain the accuracy and integrity of each record maintained. 10 4. CDCR does not maintain copies of appeals that have been screenedout in an inmate's

11 central file. These appeals are returned to the inmate with a CDC Form 695 screening form that 12 explains the reason for the screen out. The screening form also instructs the inmate that ifhe or 13 she believes the screen out is in error, then he or she may challenge the screen out by returning 14 the form to the Appeals Coordinator with an explanation of why he or she believes it to be in 15 error, along with supporting documents. 16 5. I have searched the Inmate Appeals Office computer database for all records of appeals

17 filed by inmate Ronald Bratton, CDCR number J-45341. 18 a. Attached as Exhibit A is a true and correct copy of the computer printout from the

19 Inmate Appeals Office showing Inmate Bratton's appeals history. Each of the inmate appeals 20 are assigned an Institutional Log Number by the Inmate Appeals Office when they are assigned 21 to the 22
firs~ level

of review. The inmate appeals are tracked by the status reports in exhibit A.

b.

Exhibit A shows that appeal log number CTF-S-07-00286 was granted in part at

23 the second level of review on February 28,2007. 24 c, Exhibit A shows that between March 30,2007, and April 4, 2007, Inmate Bratton

25 submitted two appeals concerning living conditions. These appeals Were not assigned 26 Institutional Log Numbers. The appeals database contains additional records about these 27 28 appeals, but those records cannot be printed from the database due to computer software limitations. A review of that additional information on the database shows that both appeals
Decl. Santiago in Support of Mot. to Dismiss

R. Bratton v. B. Curry, et al. e 07-2928 JSW

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Case 3:07-cv-02928-JSW

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1 were categorized under "living conditions," and both appeals concerned food service. Both

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I declare under penalty of perjury that the foregoing is true and correct. Executed at
~ftt,L

11 Soledad, California, on 12
13

3

c)

,2008.

14 15 16 17 18 19 20 21 22 23 24 25
26 4024611O.wpd SF2008400402

P. Santiago Appeals Coordinator

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Dec!. Santiago in Support of Mot. to Dismiss

R. Bratton v. B. Curry, et al. e 07-2928 JSW

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