Hamilton

Hamilton v. Yates CA5

Good Law
Court of Appeal of CaliforniaMay 4, 2015F069608California1,963 words

Opinion

Opinion

INTRODUCTION

Appellant Paul C. Hamilton is a California inmate incarcerated at San Quentin State Prison serving a life term. In September 2010, he filed a civil lawsuit against several named defendants regarding events that occurred while he was incarcerated at Pleasant Valley State Prison. Appellant failed to appear in court on May 6, 2013, the first scheduled trial date. The trial date was ultimately continued to April 21, 2014. Appellant appeared by phone. The court considered the various options for bringing the case to trial as described in Wantuch v. Davis (1995) 32 Cal.App.4th 786 (Wantuch), but concluded that there was no practical, feasible way of conducting a jury trial in Fresno or at San Quentin. The court then granted defendants’ motion to dismiss the action. Appellant appeals. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Appellant, now a 66-year-old inmate at San Quentin State Prison who is serving a life term, brought a civil action for alleged excessive force and violation of his rights under the Eighth Amendment of the United States Constitution and Civil Code section 52.1. Several defendants were named. Subsequently, appellant dismissed one defendant and the…

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