Sassman
Sassman v. Brown
Opinion
Lead Opinion
England, J.
MEMORANDUM AND ORDER
Plaintiff William Sassman (“Plaintiff’) initiated this action against Edmund G. Brown, Jr., Governor of California, and Jeffrey A. Beard, Secretary of the California Department of Corrections and Rehabilitation (“CDCR”), in their official capacities (collectively “Defendants”). Plaintiff claims Defendants’ exclusion of men from California’s Alternative Custody Program (“ACP”), as authorized by California Penal Code section 1170.05, violates the Equal .Protection Clause of the Fourteenth Amendment to the United States Constitution. Presently before the Court are the parties’ cross-motions for summary judgment and motions to exclude expert reports and testimony. ECF Nos. 50-51, 56, 60. For the following reasons, Defendants’ Motion for Summary Judgment and the evidentiary motions are DENIED, and Plaintiffs Motion for Summary Judgment is GRANTED.
BACKGROUND
Senate Bill No. 1266, which added California Penal Code section 1170.05, was signed into law on September 30, 2010. 2010 Cal. Stat., c. 644 (“SB 1266”). That bill provided for the implementation of the ACP, authorizing the CDCR to “offer a program under which female inmates, pregnant inmates, or inmates…