Woods

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TERRANCE BUTLER,

Case No. 21-cv-00867-VC Plaintiff,

v. ORDER RE MOTIONS FOR

SUMMARY JUDGMENT

BRENDON D. WOODS, et al., Re: Dkt. No. 62, 77 Defendants.

Butler’s motion for summary judgment is denied. The defendants’ motion for summary judgment is granted in part and denied in part. This ruling assumes that the reader is familiar with the facts and the arguments made by the parties. 1. Collateral Estoppel. The state habeas court previously found that Butler’s due process rights were violated by the long delay in bringing his case to trial, and that the public defender, district attorney, and trial court were all responsible for the delay to varying degrees. The court then granted Butler’s habeas petition, dismissed his Sexually Violent Predator petition, and ordered him released. The California Court of Appeal affirmed. See generally In re Butler, 55 Cal. App. 5th 614 (2020), review denied (Jan. 27, 2021). Butler argues that collateral estoppel bars the defendants from re-litigating the question of whether his due process rights were violated.1 Offensive collateral estoppel applies “only if…