By DON THOMPSON
Associated Press
SAN FRANCISCO — The Schwarzenegger administration and a federal court receiver are heading toward a showdown in an escalating fight over inmate health care, a case that raises significant constitutional issues about states’ rights.
U.S. District Judge Thelton Henderson said at a hearing Monday that he will proceed with a contempt-of-court hearing against the administration for not providing money sought by Clark Kelso, the receiver in charge of California’s prison medical system.
Henderson said that before issuing his written order for the contempt hearing, he would weigh his wording.
“We need to proceed very carefully because of the uniqueness as well as the size of the case,” Henderson said. “We’re talking about a federalism dispute of the very highest order.”
Kelso wants $8 billion to reform the system, including $250 million immediately as a down payment. He’s seeking the money to build seven medical and mental health care centers at the same time California faces a budget crisis.
The state says the court cannot unilaterally take that money from its treasury and must instead negotiate with lawmakers.
State Assistant Attorney General Daniel Powell told Henderson the receiver’s request for money would violate a 1995 federal law intended to limit federal judges’ power in inmates’ rights cases. The Prison Litigation Reform Act prohibits judges from ordering states to build prisons, the administration says.
“Our fundamental position is that it’s the Legislature working with the court that must approve these prisons, period. The court can’t act unilaterally,” Powell said.
James Brosnahan, the attorney representing the prison receiver, said it was outrageous that the state was refusing to provide the money to fix a medical system that the courts already have ruled is unconstitutional. He said it was a reversal of the state’s previous cooperation and amounts to contempt of court.
He asked the judge to hold a contempt hearing starting Nov. 12 if the state doesn’t turn over the $250 million by Nov. 5.
Gov. Arnold Schwarzenegger previously backed the receiver’s proposal that the state borrow $8 billion over 25 years to pay for medical centers to house 10,000 inmates. But lawmakers repeatedly failed to approve the bonds this summer as they struggled to bridge a $15.2 billion deficit during a record budget impasse.