Update on Family Visiting Lawsuit

The lawsuit is now with the First Appellate District Court

Gordon v. California Department of Corrections
Division 1
Case Number A103737

Docket Entries (Register of Actions)

http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=1&doc_id=55675&div=1

Just a reminder from us (not him), that if you're able & so inclined, Attorney William Gilg could use some donations, as he's doing this case pro bono.  This is a very complex case & could go on for a while more, so donations would be greatly appreciated.  Please support this case as best you can, even if all you can do is spread the word before & after visiting.

Donations can be made to:

William Gilg, Esq.

305 San Bruno Avenue West

San Bruno, CA 94066

Fax: 650/873-3168

Phone: 650/871-8647

Please indicate on your checks or money orders that the donation is for the Gordon vs. CDC case

Note: If you would like to view the documents, you will need to download the special viewer from the Court’s website at www.sftc.org

Gordon vs. CA Department of Corrections (Case #322862)

HISTORY

1/13/04: Our prayers were answered & the court waived the transcript fees, so the case is still alive!  A very generous woman in Florida with a loved one incarcerated in CA donated $2,500, but more donations are still needed to keep this case going.  CDC will not rest until they win, so we need to be prepared for a long haul.  Please distribute this flyer far & wide!

PLEASE, circulate this flyer, both inside & outside the prisons.  There are over 160,000 people locked up in California & we need to reach ALL of them & their loved ones about this!  Even if you currently get Family Visits, you could STILL be affected at some point if CDC decided to enact another emergency regulation & take them away from ALL prisoners!  So please do whatever you can NOW to spread the word about this most important case, & to encourage people to send donations, no matter how small.  If just one person each for only 25% of those 160,000+ prisoners was to send $1.00, that would be $40,000!!!  Every dollar helps!

We at CUFJ recently received the following message from a prisoner at CSP-Donovan, which we hope will inspire you to do something similar: “Here on the 'one' yard we took it upon ourselves last week to pass out Trust Withdrawals with Mr. Gilg's name and address on them.  We got the O.K. from the Institutional Captain to collect the donations.  The Trust Office will be sending him a check just over $400.00.  If some of the other institutions throughout the state did this, we'd have no problem raising the money needed for the appeal. I will be sending a copy of your most recent newsletter to the fellows on the 2 & 3 yards.  Hopefully, they'll be able to get an FV fund drive going over there.”

So PLEASE suggest this to your prisoners.  If just ONE yard at one prison could generate $400, imagine the possibilities!!!  PLEASE take copies of this flyer with you every time you visit & pass them out to our offline brothers & sisters.  Also, send them inside & ask your prisoners to distribute them.  Together we can make this happen!  There is power in numbers!

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10/2/03: Attorney Gilg filed the appeal on 8/21/03, which cost $655, plus $1,650 for the court reporter's transcript.  He's now received a notice that $4,100 is due on or before 10/15/03 for the Clerk's transcript, which is needed to proceed.  If that amount isn't paid in time, the entire appeal could default & be dismissed.  He hopes the court would give him an extension, but he can't count on it.  PLEASE send donations ASAP!

6/17/03: The judge in the case ruled in favor of CDC, deciding the case is moot (which it’s not), that there is “reasonable necessity” to support CDC’s 1996 removal of Family Visits for Lifers & Close Custody prisoners.  Attorney Gilg will appeal this decision, so the fight isn’t over yet!

5/22/03: Attorney Gilg thinks he has received a total of about $1,000 in donations toward the case, but much more is needed for the appeal process, which could easily take a year. 

5/9/03: Bill Gilg just called me.  He said he feels what happened yesterday was politically motivated in that because Judge Quidachay wants to move to the CA Court of Appeals, he can't appear to be soft on crime.  He said the judge had a 180 degree turnabout in his attitude & ruled that all but one point of Gordon v. CDC IS moot (which it isn't, Bill says), based on the new visiting regulations.  What the two attorneys have to submit within a week are not arguments, but summary judgments, one of which the judge will side with.  Bill feels CDC will win, however he IS going to appeal. ….”Chris”

5/8/03: I wish I had good news about today's hearing on Gordon v. CDC, but I don't.  I'm told by Bill Gilg's Asst. Elizabeth that Judge Quidachay's attitude was markedly different today in that he seemed against us rather than against CDC, which makes Bill feel like CDC "got to him".  He apparently dismissed the case, though said he'd take it under advisement, which I believe means he could offer a decision at some point, though I'm not sure, nor was Elizabeth.  Bill feels the judge didn't follow the law & he's considering appealing.  However, Elizabeth said his financial situation is such that he cannot afford to continue at this point….“Chris”

"The judge did seem a little short today in court. I thought he was just having a bad day. William [Gilg] and I spoke and he was a little "discouraged" and felt that the judge was leaning towards CDC. But one must never give into defeat...we have not lost yet...so stay positive. Each attorney will turn his arguments into the judge within the next week and the judge will make a verdict based on this information. So now we wait. This mean... there is still a chance. Hold on to your chance... not your defeat. The judge will still have all of the letters friends and families wrote to read."….”Deborah”

3/27/03: On March 27th, in Dept. 302 of the San Francisco Superior Court at 400 McAllister Street, San Francisco, before the Honorable Ronald Quidachay, a hearing was held on the matter of Bernard Gordon, Plaintiff, on behalf of all similarly situated prisoners (i.e., Lifers & close custody prisoners). Representing Bernard Gordon is William E. Gilg, Attorney. Some of the issues that Attorney Gilg brought up in reference to CDC and their allegations were that their filing was bogus and misfiled.  The wording of this new regulation needed to be carefully viewed.  CDC is trying to include family visit regulations with regular visiting regulations in an attempt to confuse and mislead.  That taking visitation the way it was done was fraud abusive process.  The judge wants to hear this new regulation before anything else is decided.  The case is considered "stayed" and both sides have until April 21st to present the initial supplemental pleading, May 2nd to give their response and the hearing will continue on May 8th, at 9:30am with the Honorable Judge Ronald Quidachay hearing the case.  The address is San Francisco Superior Court o 400 McAllister Street, Courtroom 302 o in San Francisco, CA

3/13/03: Attorney Bill Gilg just called to report on his appearance in court this morning (just to argue the continuation, NOT the case itself).  Despite the fact that the motion to continue was filed late, the judge upheld it.  FYI, CDC switched attorneys because the original one was diagnosed with cancer.

Bill said about 30 people showed up to support him.  (Apparently they'd not gotten the word the hearing was continued.)  However, the hearing room is very small & only holds about 50 people, so only about 20 of them were able to enter; the others had to wait outside.  They all told him they plan to return on 3/27 for the hearing itself, so be forewarned that if you plan to attend, get there early in order to get a seat!  Bill also said the court hears the more complex cases (like the FV one) last, so plan to be there 'til at least noon.

In response to those asking how many letters each one can write, he said one per person is sufficient.

3/12/03: Attorney Bill Gilg just called to say the FV hearing, previously scheduled for tomorrow, has again been continued.  It's now set for Thursday, 3/27 at 9:30am at the same location.  He's very disappointed, but prefers that the judge has ample time to read the motion thoroughly.  He will go to court tomorrow morning to argue the continuation, but not the case itself, so he said it's not worth anyone attending.

This gives us two more weekends to write support letters & distribute flyers while visiting, folks!  Please do all you can to spread the word about this case.  It's a solid case & the best hope we have right now.

Attorney William Gilg filed this lawsuit in July 2001 to reverse CDC’s actions & get Family Visits reinstated for Lifers & Close Custody prisoners.  He says the worst-case scenario is the motion will be denied & it will go to trial.  Best case is it will be granted & FV's will be reinstated, whereupon CDC will undoubtedly either instantly appeal it & seek a stay, &/or be ready to enact another immediate emergency regulation to keep the situation status quo.  However, he feels confident he has a good case & can win.  In any case, he will continue to fight whatever CDC does on this issue. 

Just a reminder from us (not him) that if you're able & so inclined, he could use some donations, as he's doing this case pro bono.  This is a very complex case & could go on for a while more, so donations would be greatly appreciated.  Please support this case as best you can, even if all you can do is spread the word by passing out this flyer before & after visiting.

2/6/03: Mr. Gilg reported that Judge Quidachay threw out CDC's counter motion & set a new hearing date!!!  He said CDC's counter motion is "procedurally defective" & amounts to nothing!  Mr. Gilg feels very confident about this case.  He said the only possible ground on which he could lose is the statute of limitations, but he strongly doubts it.

So as of now, the new hearing date is March 13th (NOT April 17th) at 9:30am in San Francisco Superior Court, Civic Center Courthouse, 400 McAllister Street (between Polk & Van Ness), Room 302.  If you're planning to attend, be sure to check the court calendar before making plans (Court General Information Telephone Number: 415/551-4000, Case #322862), as it could change again.

We asked him if prisoners should also be writing letters in support of restoring Family Visits & he said yes.  However, he also pointed out that the court is more likely to take family members' letters into account, as the APA (Administrative Procedures Act), which he cites in his motion, pertains to "affected private persons".