People v. Medvin CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

Medvin was incarcerated in the Lake County jail for offenses that are not at issue in this appeal. He was housed in pod G, a unit for “mental health” and “protective custody inmates.” Pod G was divided into two tiers, and Medvin, who was classified as a mental health inmate, was assigned to the lower tier. Upper-tier inmates were permitted to go to the lower tier to access a common area, but lower-tier inmates like Medvin were not permitted to go to the upper tier. On March 30, 2005, Terrie Flynn, a correctional aide at the jail, was stationed in a control room from which she could observe pod G. She saw Medvin go up the stairs to the upper tier and “crouch[] down” by the cells to talk to other inmates. Flynn knew that Medvin was not permitted on the upper tier, and she told him over a speaker to return to the lower tier. She testified that he looked at her but did not obey her command. She then called Officer Russell Wright, who was stationed in an office on the lower tier, and told him that Medvin was upstairs and ignoring her orders. Officer Wright, who was in uniform, testified that he walked to the stairs leading to the upper tier and…