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1 XAVIER BECERRA
Attorney General of California
2 DARRELL W. SPENCE
Supervising Deputy Attorney General
3 LISA A. TILLMAN
Deputy Attorney General
4 State Bar No. 126424 E-FILED
1300 I Street, Suite 125 6/16/2020 11:50 AM
5 P.O. Box 944255 Superior Court of California
Sacramento, CA 94244-2550 County of Fresno
6 Telephone: (916) 210-7910 By: I. Herrera, Deputy
Fax: (916) 324-5567
7 E-mail: Lisa.Tillman@doj.ca.gov
Attorneys for Respondents
8 Department of State Hospitals, Audrey King,
and Pamela Ahlin
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF FRESNO
12
13
14
CORY HOCH, Case No. 16CECG04169
15
Petitioner, DEPARTMENT OF STATE
16 HOSPITALS' SECOND
v. SUPPLEMENTAL STATEMENT OF
17 RELATED CASES, WITH STATUS
REPORT
18 PAM AHLIN, ET AL.,
19 Respondents.
20
21 INTRODUCTION
22 Respondents provide this supplemental statement of related cases, in accord with this
23 court's J1me 14, 2107 order. Each of the related cases addresses challenges to the Department of
24 State Hospitals' (DSI-I) regulations banning non-Lanterman-Petris-Short Act patients' internet
25 access and prohibiting patients' personal possession of internet capable devices. (Cal. Code
26 Regs., tit. 9, §§ 891 [internet access], 4350 [devices].) Each of the four cases indicated in the
27 initial notice ofrelated cases has now concluded, as more fully stated below.
28 //
Second Supplemental Notice of Related Cases (16CECG04169)
I STATUS OF RELATED CASES
2 A. David Allen v. Pam Ahlin, CliffAllenby
3 Fresno County Superior Court, Case No. 16CECG000387
4 Fifth District Court of Appeal, Case No. F076729
5 David Allen's complaint for monetary damages arising from the implementation of section
6 4350 of title 9 of the California Code of Regulations was dismissed on demurrer, without leave to
7 amend, based on the statute of limitations. Plaintiff filed an appeal of the ruling to the Fifth
8 District Court of Appeal. The appellate court adopted the stipulated dismissal of that appeal on
9 Mayll,2020.
IO B. David Allen v. Department of State Hospitals
11 Fresno County Superior Court, Case No. 16CECL01328
12 Fresno County Superior Court, Appellate Division, Case No. 2669
13 David Allen's complaint for injunctive and declaratory relief challenging the legality of
14 sections 891 and 4350 was dismissed on demurrer, without leave to amend, based on the statute
15 of limitations, abatement, and improperly naming of the State of California as a defendant. On
16 appeal, the Fresno County Appellate Division affirmed the dismissal, holding that his challenges
17 to sections 891 and 4350 were barred by the statute of limitations. Further, Allen's equal
18 protection claim was without merit because no court has recognized a right to internet access, and
19 the right to speech, association and to carry on a trade or occupation "may be legitimately
20 infringed on as to SVPs to further the institutional interests of security, staff privacy, and
21 prevention of crime."
22 C. David Allen v. Department of State Hospitals
23 Fresno County Superior Court, Case No. 17CECG00734
24 Fifth District Court of Appeal, Case No. F075922
25 David Allen filed a petition for relief from the Government Claims Act's presentation
26 requirement in order to pursue a claim challenging section 4350. The petition was denied, and
27 Allen appealed. After full briefing, Allen stipulated to dismissal of the action. The appellate
28 court adopted the stipulated dismissal.
2
Second Supplemental Notice of Related Cases (16CECG04169)
1 D. In re Jackie Robinson (2017) 19 Cal.App.5th 247
2 Fifth District Court of Appeal, Case No. F071466
3 Robinson, a civil detainee, filed a petition for habeas corpus, seeking the return of a
4 portable videgame player and other internet-capable devices seized as contraband by DSH-
5 Coalinga staff, pursuant to section 891 and 4350. The Fifth District Court of Appeal found that
6 DSH had no duty to scrub the contraband or return the contraband to Robinson.
7 E. Consolidated Appeals of George Allen, Jackie Robinson, Wayne DeBerry v. King
8 Ninth Circuit Court of Appeals, Case No. 16-16518
9 In these consolidated appeals, the appellants' brought a substantive due process challenge
10 to the initial version of section 4350. In an unpublished decision, the Ninth Circuit Court of
11 Appeals affirmed the entry of summary judgment in favor of appellee, DSH Executive Director
12 Audrey King, finding section 4350's ban on patients' personal possession of wireless-capable
13 electronic devices was reasonably related to DSI-I' s legitimate interest in preventing patients from
14 using such devices for illicit purposes.
15 Dated: June 16, 2020 Respectfully Submitted,
16 XAVIER BECERRA
Attorney General of California
17 DARRELL W. SPENCE
Supervising Deputy Attorney General
18
19
20
LISA A. TILLMAN
21 Deputy Attorney General
Attorneys for Respondents
22 Department ofState Hospitals, Pamela
Ahlin, and Audrey King
23
24
SA2017105756
25 34138847.docx
26
27
28
3
Second Supplemental Notice of Related Cases (16CECG04169)
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Cory Hoch v. Pam Ahlin, et al.
No.: 16CECG04169
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On June 16, 2020, I served the attached [DEPARTMENT OF STATE HOSPITALS' SECOND
SUPPLEMENTAL STATEMENT OF RELATED CASES, WITH STATUS REPORT] by
placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at
the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento,
CA 94244-2550, addressed as follows:
Cory Hoch, 1177-5
COALINGA STATE HOSPITAL (5003)
PO BOX 5003
COALINGA, CA 93210-5003
I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on June 16, 2020, at Sacramento, California.
J. Hutcherson
Declarant
~,i.f!L/~:Jc:•L,,C----·
< ... ·.···•
,,.-::,7'. Signature
<-·-/
SA:ZOJ7105756
34160091.docx
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1 XAVIER BECERRA Attorney General of California 2 DARRELL W. SPENCE Supervising Deputy Attorney General 3 LISA A. TILLMAN Deputy Attorney General 4 State Bar No. 126424 E-FILED 1300 I Street, Suite 125 6/16/2020 11:50 AM 5 P.O. Box 944255 Superior Court of California Sacramento, CA 94244-2550 County of Fresno 6 Telephone: (916) 210-7910 By: I. Herrera, Deputy Fax: (916) 324-5567 7 E-mail: Lisa.Tillman@doj.ca.gov Attorneys for Respondents 8 Department of State Hospitals, Audrey King, and Pamela Ahlin 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF FRESNO 12 13 14 CORY HOCH, Case No. 16CECG04169 15 Petitioner, DEPARTMENT OF STATE 16 HOSPITALS' SECOND v. SUPPLEMENTAL STATEMENT OF 17 RELATED CASES, WITH STATUS REPORT 18 PAM AHLIN, ET AL., 19 Respondents. 20 21 INTRODUCTION 22 Respondents provide this supplemental statement of related cases, in accord with this 23 court's J1me 14, 2107 order. Each of the related cases addresses challenges to the Department of 24 State Hospitals' (DSI-I) regulations banning non-Lanterman-Petris-Short Act patients' internet 25 access and prohibiting patients' personal possession of internet capable devices. (Cal. Code 26 Regs., tit. 9, §§ 891 [internet access], 4350 [devices].) Each of the four cases indicated in the 27 initial notice ofrelated cases has now concluded, as more fully stated below. 28 // Second Supplemental Notice of Related Cases (16CECG04169) I STATUS OF RELATED CASES 2 A. David Allen v. Pam Ahlin, CliffAllenby 3 Fresno County Superior Court, Case No. 16CECG000387 4 Fifth District Court of Appeal, Case No. F076729 5 David Allen's complaint for monetary damages arising from the implementation of section 6 4350 of title 9 of the California Code of Regulations was dismissed on demurrer, without leave to 7 amend, based on the statute of limitations. Plaintiff filed an appeal of the ruling to the Fifth 8 District Court of Appeal. The appellate court adopted the stipulated dismissal of that appeal on 9 Mayll,2020. IO B. David Allen v. Department of State Hospitals 11 Fresno County Superior Court, Case No. 16CECL01328 12 Fresno County Superior Court, Appellate Division, Case No. 2669 13 David Allen's complaint for injunctive and declaratory relief challenging the legality of 14 sections 891 and 4350 was dismissed on demurrer, without leave to amend, based on the statute 15 of limitations, abatement, and improperly naming of the State of California as a defendant. On 16 appeal, the Fresno County Appellate Division affirmed the dismissal, holding that his challenges 17 to sections 891 and 4350 were barred by the statute of limitations. Further, Allen's equal 18 protection claim was without merit because no court has recognized a right to internet access, and 19 the right to speech, association and to carry on a trade or occupation "may be legitimately 20 infringed on as to SVPs to further the institutional interests of security, staff privacy, and 21 prevention of crime." 22 C. David Allen v. Department of State Hospitals 23 Fresno County Superior Court, Case No. 17CECG00734 24 Fifth District Court of Appeal, Case No. F075922 25 David Allen filed a petition for relief from the Government Claims Act's presentation 26 requirement in order to pursue a claim challenging section 4350. The petition was denied, and 27 Allen appealed. After full briefing, Allen stipulated to dismissal of the action. The appellate 28 court adopted the stipulated dismissal. 2 Second Supplemental Notice of Related Cases (16CECG04169) 1 D. In re Jackie Robinson (2017) 19 Cal.App.5th 247 2 Fifth District Court of Appeal, Case No. F071466 3 Robinson, a civil detainee, filed a petition for habeas corpus, seeking the return of a 4 portable videgame player and other internet-capable devices seized as contraband by DSH- 5 Coalinga staff, pursuant to section 891 and 4350. The Fifth District Court of Appeal found that 6 DSH had no duty to scrub the contraband or return the contraband to Robinson. 7 E. Consolidated Appeals of George Allen, Jackie Robinson, Wayne DeBerry v. King 8 Ninth Circuit Court of Appeals, Case No. 16-16518 9 In these consolidated appeals, the appellants' brought a substantive due process challenge 10 to the initial version of section 4350. In an unpublished decision, the Ninth Circuit Court of 11 Appeals affirmed the entry of summary judgment in favor of appellee, DSH Executive Director 12 Audrey King, finding section 4350's ban on patients' personal possession of wireless-capable 13 electronic devices was reasonably related to DSI-I' s legitimate interest in preventing patients from 14 using such devices for illicit purposes. 15 Dated: June 16, 2020 Respectfully Submitted, 16 XAVIER BECERRA Attorney General of California 17 DARRELL W. SPENCE Supervising Deputy Attorney General 18 19 20 LISA A. TILLMAN 21 Deputy Attorney General Attorneys for Respondents 22 Department ofState Hospitals, Pamela Ahlin, and Audrey King 23 24 SA2017105756 25 34138847.docx 26 27 28 3 Second Supplemental Notice of Related Cases (16CECG04169) DECLARATION OF SERVICE BY U.S. MAIL Case Name: Cory Hoch v. Pam Ahlin, et al. No.: 16CECG04169 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On June 16, 2020, I served the attached [DEPARTMENT OF STATE HOSPITALS' SECOND SUPPLEMENTAL STATEMENT OF RELATED CASES, WITH STATUS REPORT] by placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Cory Hoch, 1177-5 COALINGA STATE HOSPITAL (5003) PO BOX 5003 COALINGA, CA 93210-5003 I declare under penalty of perjury under the laws of the State of California the foregoing is true and correct and that this declaration was executed on June 16, 2020, at Sacramento, California. J. Hutcherson Declarant ~,i.f!L/~:Jc:•L,,C----· < ... ·.···• ,,.-::,7'. Signature <-·-/ SA:ZOJ7105756 34160091.docx