Kevin Cooper v. Gavin Newsom

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KEVIN COOPER; ALBERT No. 18-16547

GREENWOOD BROWN; RONALD

LEE DEERE; ROBERT G. FAIRBANK; D.C. Nos. ANTHONY J. SULLY, 3:06-cv-00219-RS Plaintiffs-Appellees, 3:06-cv-00926-RS

v.

OPINION

GAVIN NEWSOM; SCOTT KERNAN,

Secretary of the California Department of Corrections and Rehabilitation; RONALD DAVIS, Warden of San Quentin State Prison, Defendants-Appellees,

v.

SAN BERNARDINO COUNTY

DISTRICT ATTORNEY; SAN MATEO

COUNTY DISTRICT ATTORNEY;

RIVERSIDE COUNTY DISTRICT

ATTORNEY, Applicants in Intervention; Proposed Intervenors, Movants-Appellants. Appeal from the United States District Court for the Northern District of California Richard Seeborg, District Judge, Presiding

Argued and Submitted September 16, 2020 San Francisco, California

Filed September 16, 2021

Before: William A. Fletcher, Danielle J. Forrest*,and Lawrence VanDyke, Circuit Judges.

Opinion by Judge W. Fletcher; Partial Concurrence by Judge Forrest; Dissent by Judge VanDyke

* Formerly known as Danielle J. Hunsaker.

COOPER V. NEWSOM …