Babb

Babb v. Hall CA1/1

Good Law
Court of Appeal of CaliforniaSeptember 30, 2013A136886California2,553 words

Opinion

Opinion

FACTS

Because we are reviewing an order sustaining a demurrer, we are required to accept as true the allegations of fact set forth in plaintiff‟s complaint. (City of Dinuba v. County of Tulare (2007) 41 Cal.4th 859, 865 (City of Dinuba).) Therefore, the facts set forth in this opinion are taken from the allegations in plaintiff‟s pleading. Plaintiff, an inmate incarcerated at California State Prison, Solano (CSP Solano), had worked in the prison‟s bookbindery for 20 years. At the time relevant to this lawsuit, he was the lead operating inmate. Defendants are employees of the Prison Industry Authority (PIA), a public entity within the California Department of Corrections and Rehabilitation that operates the CSP Solano bookbindery. Hall and Martin worked there as supervisors. Alcantara was an assistant superintendant. Plaintiff came to believe that defendants no longer wanted him to work at the bookbindery. As a result, in the months leading to February 2011, he refused to teach them what he knew about the facility‟s machines. He also declined their requests to put particular inmates on certain machines because he believed defendants were trying to “ „set up‟ ” the other inmates to…

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