Valdivia

ORDER

Plaintiffs are a class comprising California parolees who challenged the parole revocation procedures utilized by defendants as violative of their due rights under the Fourteenth Amendment. After the court granted partial summary judgment in favor of the plaintiffs, a stipulated permanent injunction was entered in March 2004. The instant motion seeks to enforce the injunction notwithstanding the passage of Proposition 9 by California’s voters on November 4, 2008. Plaintiffs assert that portions of Section 5.3 of Proposition 9 conflicts with the requirements of the injunction. Defendants cross-move to modify the injunction to conform to Proposition 9. The court resolves the motions on the papers and after oral argument. For the reasons stated herein, the court grants plaintiffs’ motion and denies defendants’.

I. BACKGROUND AND FACTS

A. Procedural History

This case commenced in 1994. That year it was certified as a class action, the plaintiff class consisting of (1) California parolees at large; (2) California parolees in custody as alleged parole violators, and who are awaiting revocation of their state parole; and (3) California parolees who are in custody having been…