Escamilla v. Cdc

• Citation: 46 Cal.Rptr.3d 408,141 Cal.App.4th 498
• Decision Date: 29 June 2006
• Docket Number: No. D046822.,D046822.
• Court: California Court of Appeals
• Parties: Carlos ESCAMILLA, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Appellant.

46 Cal.Rptr.3d 408

141 Cal.App.4th 498

Carlos ESCAMILLA, Plaintiff and Respondent, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Defendant and Appellant.

No. D046822.

Court of Appeal, Fourth District, Division 1.

June 29, 2006.

Carl Fabian, under appointment by the Court of Appeal, for Plaintiff and Respondent.

Bill Lockyer, Attorney General, James M. Humes, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Heather L. Bushman and Lora Fox Martin, Deputy Attorneys General, for Defendant and Appellant.

McDONALD, Acting P.J.

The State of California Department of Corrections and Rehabilitation (CDC) appeals an order granting inmate Carlos Escamilla's petition for a writ of habeas corpus and awarding him $225 for personal property CDC did not return to him. On appeal, CDC contends the order should be reversed because: (1) a writ of habeas corpus cannot be used for recovery of personal property or money damages; (2) Escamilla's claim is barred by his failure to comply with the claims presentation requirements of the California Tort Claims Act (the Act) (Gov.Code, §§ 810 et seq.);¹ and (3) there is insufficient evidence to support the trial court's findings. We requested, and have received and considered, supplemental briefs submitted by the parties on the issue of whether Escamilla's petition for writ of habeas corpus should be treated as a petition for writ of mandamus seeking specific recovery of his personal property or its value and therefore is not a "claim for money or damages" pursuant to section 905.2.

FACTUAL AND PROCEDURAL BACKGROUND

On November 21, 2003, Escamilla was an inmate at the Calipatria State Prison. At 9:21 a.m., he purchased $70 worth of items at the prison's canteen that were then placed in canteen bags.² He left the canteen and sat outside of the exercise yard with his canteen bags, waiting for an order to return to his assigned cell. He was wearing a pair of Levis jeans, a pair of Reebok tennis shoes, a Nike sweatshirt, and a Seiko wristwatch.

Shortly after 10:00 a.m., a prison riot began in the exercise yard between certain inmates and prison guards.³ After the riot ended, Escamilla was escorted from the exercise yard by a guard (apparently correctional officer J. Nava), who helped Escamilla carry his canteen bags. Escamilla was placed in an administrative segregated housing unit (AdSeg or SHU) pending an internal investigation regarding his participation in the riot. Sergeant Valenzuela stopped Escamilla en route to the SHU and told him he was going to the "hole." Escamilla requested that Valenzuela have his canteen items placed together with the rest of his personal property. Valenzuela replied: "`No! That goes to the trash!'" On his arrival at the SHU, in view of the SHU's staff under Valenzuela's supervision, Escamilla placed his Levis jeans, Reebok shoes, Nike sweatshirt, and Seiko wristwatch inside his canteen bags, together with his canteen items, to protect his property from being thrown away in the trash.

On November 23, Escamilla signed an inmate property inventory form (CDC 1083) that, on its face, appeared to itemize personal property taken from cell A3-211L (apparently Escamilla's regular cell) after he had been placed in the SHU.⁴

On March 19, 2004, Escamilla was released from the SHU, but the clothing, watch, and canteen items that he possessed on his person on his November 21, 2003 arrival at the SHU were not returned to him. Apparently on that date, a notation was added to the November 23, 2003 inventory form that "[inmate] claims to be missing approx. $80.00 of canteen items he had just received. Claims he still had canteen item[s] on the yard."

On or about March 28, 2004, Escamilla filed a "first level" inmate appeal form, substantially setting forth the facts as described, ante, and stating: "Whether the Items were thrown in `The Trash' as ordered by Sergeant Valenzuela or [were lost] by Staff, I am hereby demanding a redress of the value of each Item above[-]mentioned. A Total amount of $255.00." He requested the following action: "I am hereby demanding a redress of the value of the following items that were confiscated: A pair of Levis valued at $40.00, A pair of Tennis Shoes ([Reeboks]) valued at $65.00, A Sweat shirt (NIKE) valued at $30.00, A Wrist-Watch (SEIKO) valued at $50.00, the loss of [the] (canteen) valued at $70.00. Total Amount of $255.00." Escamilla subsequently submitted a copy of his canteen receipt dated November 21, 2003, showing the items purchased and amounts he paid for those canteen items. In partially granting Escamilla's first level appeal, Sergeant Brown noted Nava stated that Escamilla "was in boxers. I never [saw] any clothes.

He did have some canteen items. I don't know how much canteen he had. I don't remember if the canteen went to A-5 or with him." Brown also noted that Valenzuela stated: "I never saw any canteen. I was in and out of A-5 that day. [Escamilla] never said anything to me about his property that I recall." Brown concluded:

"You [Escamilla] provided receipts for $70 of canteen items purchased on November 21, 2003. Officer Nava verified that you had a bag of canteen items with you. It appears that your canteen never got put into your property and was misplaced and lost. You will be compensated for $70 of canteen. However, you provided no proof that the clothing items you claim were lost were on your person when you went to Ad Seg. Neither of the staff interviewed recall you having these clothing items with you on the yard. Therefore, you will not be compensated for those items."

On or about August 8, Escamilla filed a "second level" appeal, asserting that the first level response was inadequate in that it did not award him compensation for his missing clothing and watch. Escamilla argued:

"[I]t appears that [CDC] fails to [realize] that a prisoner [is] require[d] to be fully clothed when going to [the] Canteen. Here, the evidence shows that minutes after I had picked-up my Canteen, the incident occurred and the yard went down. Therefore, the preponderance of the evidence demonstrates that: 1). When I went to pick-up my Canteen [items] I was fully clothed, as required by the Rules, and [did] not just [have] on my boxers; and, 2). That I remained fully clothed until I was escorted to Ad.-Seg. whereat I stripped and placed aforementioned items in the bag together with the Canteen [items] I had just bought to ensure myself that the personal property together with the Canteen [items] would be protected from being `thrown in the trash.'"

In denying Escamilla's second level appeal, Chief Deputy Warden Ochoa stated:

"It is reasonable to assume you were fully clothed when you went to [the] canteen; however, you have not provided proof as to whether you were wearing personal clothing or state clothing. It is possible for an inmate to be fully dressed without wearing any personal property. Additionally, all the staff mentioned by you as having knowledge of this issue were interviewed, and none of them recall seeing any personal clothing items on you when they escorted you to Ad Seg.

"M. Jimenez, R & R Sergeant, was contacted and asked to review your property file to determine if you were ever issued, via R & R, any of the items you claim to be missing. After reviewing your property file, Sergeant Jimenez stated there is no documentation in your file that you have ever received a wristwatch or a pair of Reebok shoes. Sergeant Jimenez said you did have three pairs of Levi jeans and a gray sweatshirt, all of which were issued to you on March 19, 2004 with your property. Sergeant Jimenez also mentioned you had been brought to R & R to be compensated for the lost canteen items at which time you refused to accept compensation, stating you were not willing to accept partial compensation and you still wanted to be reimbursed for the missing personal clothing items."⁵

On or about September 26, Escamilla filed a "third level" appeal, asserting the second level response was without merit and based on prevarications. Escamilla argued that Ochoa did not substantiate Jimenez's statement with Escamilla's "Property Card File Record" (a copy of which Escamilla asserted he was not authorized to obtain). He asserted it was CDC's responsibility to obtain that property record in weighing the officer's word against his. In denying Escamilla's third level appeal, CDC Inmate Appeals Chief Grannis (by T. Surges) stated:

"Staff cannot be held responsible for the loss of items that they had no control over. There is no credible evidence presented by [Escamilla] to establish that he ever possessed the items he listed as missing or that he was wearing them at the time he was placed in ASU. Staff verified and [Escamilla] produced receipts for the canteen items noted by [Escamilla]. As a result, [Escamilla] was compensated for $70.00 worth of canteen items. Absent verifiable evidence that he was in authorized possession of the other items listed as missing, there is no negligence established and no compensation is due to [Escamilla]."⁶

On January 28, 2005, Escamilla filed the instant petition for writ of habeas corpus against Stuart J. Ryan (apparently the acting warden of CDC's Calipatria State Prison), substantially alleging the facts as described ante and:

"[T]he fact that the CDC-1083, Inmate Property Inventory Form, is not to be found in file at R & R gives evidence that staff at SHU never filled it in [on November 21, 2003], but rather followed Sergeant Valenzuela's orders to `Throw [Escamilla's] [p]ersonal property in the trash.' Had staff at SHU filled in the CDC-1083, Inmate Property Inventory Form, as they were compelled to do so by Rules, Regulations and Law, the Form would be filed in [Escamilla's] Property File; and there would be no question as to what [p]ersonal [p]roperty [Escamilla] had [on] his person when he entered SHU [on November 21, 2003]. As stated in [my] Appeal: ...