Munoz v. Kolender

• Decision Date: 14 June 2002
• Docket Number: No. 00cv2323-LAB(CJA).,00cv2323-LAB(CJA).
• Citation: 208 F.Supp.2d 1125
• Parties: David S. MUNOZ, Plaintiff, v. William KOLENDER, in his individual and official capacity as the Sheriff, and San Diego County Sheriff's Department, Defendant.
• Court: U.S. District Court — Southern District of California

208 F.Supp.2d 1125

David S. MUNOZ, Plaintiff, v. William KOLENDER, in his individual and official capacity as the Sheriff, and San Diego County Sheriff's Department, Defendant.

No. 00cv2323-LAB(CJA).

United States District Court, S.D. California.

June 14, 2002.

COPYRIGHT MATERIAL OMITTED

David Munoz, Atascadaro, CA, pro se.

Deborah Anne McCarthy, Senior Deputy, County of San Diego Office of County Counsel, San Diego, CA, for Defendant.

ORDER GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

BURNS, United States Magistrate Judge.

This matter is before the court on defendant's Motion For Summary Judgment ("Motion") in this 42 U.S.C. § 1983 action. Plaintiff David S. Munoz ("Munoz") is proceeding pro se and in forma pauperis with a verified Complaint against San Diego County Sheriff, William Kolender ("Sheriff Kolender" or "Defendant"). He challenges his confinement in County Jail and the conditions of his confinement there while awaiting judicial proceedings to determine his status under California's Sexually Violent Predator Act. Munoz filed a verified Opposition to the Motion. Sheriff Kolender filed no Reply. The parties have consented to the jurisdiction of the undersigned Magistrate Judge for all purposes. Dkt. Nos. 17, 24. Pursuant to Civil Local Rule 7.1(d)(1), the court finds the issues appropriate for decision on the papers and without oral argument. For the reasons set forth below, the court GRANTS summary judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

A. State Court Proceedings And Confinement History

Munoz appears to have been in uninterrupted state custody with the California Department of Corrections ("CDC"), the County Sheriff, or the Department of Mental Health ("DMH") at least since his December 1, 1992 plea hearing in San Diego County Superior Court Case No. CR 132597. He is presently confined at Atascadero State Hospital ("Atascadero") pursuant to his second consecutive civil commitment as a sexually violent predator ("SVP") under California's Sexually Violent Predators Act, WELF. & INST.CODE 6600, et seq. ("SVPA"), imposed by state court Order entered August 4, 2000.

Munoz summarizes the challenged County Jail confinement periods: he was booked into County Jail from the Donovan facility on "2-17-1998, then transported to (A.S.H.) [Atascadero] 5-14-98. On 7-27-98, I was transported back to County Jail of San Diego, 9-10-98 transported to (A.S.H.). On 7-29-99, I was transported back to County Jail of San Diego. On 11-10-99 I was transported back to (A.S.H.), on 4-20-00 I was transported back to County Jail of San Diego, on 8-24-00 I again was transported back to (A.S.H.)."¹ Opp. p. 6. Based on the exhibits to the Complaint, Motion, and Opposition, and supplemental briefing from County Counsel's Office requested by the court, the chronology of Munoz's state court proceedings and custody status emerges as follows.

On August 25, 1989, Munoz pled guilty, in San Diego County Superior Court Case No. CR 104403, to the crime of Lewd Act with a Child Under 14, in violation of CAL.PENAL CODE § 288(a). He was sentenced to state prison for a determinate term of six years. On November 2, 1989, it appears his sentence or the execution of his sentence was suspended, and he was granted a probation term of five years in that case. On July 13, 1990, he was accused of violating his probation. At the probation violation hearing on September 14, 1990, Munoz admitted the violation. According to Defendant's supplemental briefing, Munoz's probation in Case Number CR 104403 was "revoked, reinstated and modified" with the direction "Munoz to remain in El Shaddai program and not to terminate without permission of program and probation officer." Dkt. No. 39, Suppl. Briefing, Summary of Convictions. Munoz appears then to have been again released on probation.

On December 1, 1992, in case number CR 132597, Munoz pled guilty to new charges of three counts for violation of CAL.PENAL CODE § 288(a) and one count for committing residential burglary. He admitted a prior serious felony conviction. His probation (presumably in CR 104403) was summarily revoked. On February 10, 1993, the court sentenced him to the CDC for a total of eleven (11) years in the new case and six (6) years in CR 104403, to run concurrently, and ordered him transferred to R.J. Donovan Correctional Facility. Dkt. No. 39, Suppl. Briefing, p. 6; see also Mot. Ex. "A". The Abstract of Judgment in Case No. CR 132597 records that Munoz received 369 days of credit for time spent in custody. Dkt. No. 39, Suppl. Briefing, pp. 7, 8.

On January 29, 1998, the People filed a Petition for Involuntary Treatment ("Petition") pursuant to the SVPA alleging Munoz should be committed to the State Department of Mental Health. As discussed below, the SVPA statutory scheme provides for the civil detention, rather than release from custody at the conclusion of a criminal sentence, of a person who is adjudicated a SVP. On February 17, 1998, Munoz was booked into County Jail. Op. Exs "A", "C". On March 30, 1998, the court issued an Order For Commitment Pending Trial, instructing that Defendant transport Munoz to Atascadero "at the Sheriff's earliest convenience" pending trial set for July 21, 1998. Opp. Ex. "B". It does not appear from the record presented that Munoz was actually transferred until May 14, 1998. See Opp. Ex. "A", Release Code section. However, an intervening court appearance occurred.

On April 22, 1998, San Diego County Superior Court motion hearing minutes, referencing only Case No. CR 104403, indicate that Munoz was present and note that his "state prison commit [sic] has expired (3-27-98)." The court ordered Munoz "remanded to custody of sheriff," with the direction that "[t]he defendant is to be transported to Atascadero for housing pending trial per [WELF. & INST.CODE] 6600. New trans[fer]." The balance of the statement is obscured on the court's copy. Dkt. No. 39, Suppl. Briefing, p. 5. Munoz was transferred to Atascadero on May 14, 1998. Opp. Ex. "C". On July 27, 1998, he was transferred back to County Jail for his SVP trial. Opp. Ex. "C". On July 30, 1998, Munoz was adjudicated a SVP and was committed to the DMH, Atascadero, for the two-year commitment period provided in the SVPA. See discussion in Mot. Ex. "A". He was transported back to Atascadero on September 10, 1998. Opp. Ex. "C".

After one year of the two-year confinement period, Munoz petitioned for an Order To Show Cause seeking judicial review of his confinement status, as permitted under WELF. & INST.CODE § 6605(b). On July 29, 1999, he was transferred from Atascadero to County Jail for purposes of participating in the judicial proceeding. On November 3, 1999, the court denied the petition as frivolous. Opp. Ex. "B". Munoz was transported back to Atascadero on November 10, 1999. Opp. Ex. "C".

On March 30, 2000, in response to the People's petition to extend Munoz's SVP commitment for an additional two years, the court ordered "that the Sheriff of the County of San Diego receive [Munoz] from the Medical Director of Atascadero State Hospital and transport and deliver [him] for arraignment on the petition ...," set for April 21, 2000. Mot. Ex. "B". The court's March 30, 2000 Order in response to the People's second SVPA petition alludes to both underlying criminal cases (CR 104403 and CR 132597). Mot. Ex. "B". Munoz was booked into County Jail from Atascadero on April 20, 2000. Mot. Ex. "C". The Sheriff's Department issued a segregated housing order for Munoz on the same date. Mot. Ex. "K". He appeared at his SVP arraignment on April 21, 2000 and denied the SVP allegation. Mot. Ex. "D". The court "remanded defendant to the custody of the Sheriff without bail," until a Probable Cause hearing, set for May 17, 2000. Id. The probable cause hearing was held on May 17, 2000. The minutes of that hearing reference both Case Nos. CR 104403 and CR 132597, but note "the hearing is being held in response to a single Petition for Continued Involuntary Treatment of a Sexually Violent Predator filed by Petitioner on March 30, 2000...." Mot. Ex. "E" (emphasis in original). The court found probable cause to believe Munoz was likely to engage in sexually violent predatory criminal behavior upon release and set a trial date of May 26, 2000. The court "remanded defendant to the custody of the Sheriff without bail." Mot. Exs. "E", "F". On May 26, 2000, the trial date was reset to July 14, 2000. Mot. Ex. "G". Again, the court "remanded defendant to the custody of the Sheriff without bail." Id. On July 14, 2000, the trial was continued to July 19, 2000, and the court for a third time "remanded defendant to the custody of the Sheriff without bail". Mot. Ex. "H". On July 19, 2000, court minutes record: "case returned from Dept. 54. Reassigned to Dept. 41 for trial." Munoz was once again ordered "remanded to the custody of the Sheriff." Mot. Ex. "I".

In its August 4, 2000 Order, the Superior Court granted the People's Petition and ordered a second two-year commitment to the Department of Mental Health after a jury determined Munoz met the SVP criteria and "is likely to engage in acts of sexual violence upon his/her release from the California Department of Corrections or other secure facility." Mot. Ex. "A", "J". That Order again "remanded defendant to the custody of the Sheriff of San Diego County without bail," but also directed the Sheriff to transport Munoz to Atascadero "at the Sheriff's earliest convenience." The Order further directed "the Medical Director of that institution" to take custody of Munoz from the Sheriff for purposes of the ordered commitment. Mot. Ex. "A", "J". Munoz was transferred back to Atascadero on August 14, 2000. Opp. Ex. "C". Accordingly, for the entire period April 20, 2000 through August 14, 2000, the record reflects Defendant had court-ordered custody of Munoz for the purpose of producing him for judicial proceedings. Munoz anticipates in his Complaint renewed SVP...