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California

Federal Judge Denies TRO at Coalinga

A federal judge on Friday denied a Temporary Restraining Order (TRO) requested on behalf of patients at Coalinga State Hospital to stop the confiscation and destruction of their personal electronics, including computers and electronic storage devices. The judge made his decision from the bench after more than an hour of oral argument from attorneys representing both the patients and the state hospital.

“This decision will significantly harm hundreds of patients at Coalinga State Hospital who will lose important legal documents, treatment records and personal writings including novels and poetry,” stated ACSOL Executive Director Janice Bellucci.

At issue in the case is whether emergency regulations issued by the Department of State Hospitals (DSH) on January 2 violate the First and Fourteenth Amendments of the U.S. Constitution. According to DSH, the emergency regulations were needed due to an “epidemic” of child pornography at the hospital.

This statement is inconsistent with a letter from the Legal Services Division of DSH dated January 12, 2018, which states that during the 12 years in which Coalinga has been operating, only 29 people have been arrested and 17 people convicted of possessing child pornography. The letter also states there have been a total of 2,387 patients at Coalinga during that time.

“Therefore according to the agency’s legal division, only 1 percent of the patients at Coalinga have been charged with possession of child pornography and only about half of them have been convicted of that offense,” stated Bellucci. “DSH is now punishing almost 1,300 people for the crimes of a few.”

Due to the expected confiscation and destruction of electronics, a few patients at Coalinga protested by damaging government property including a clock and windows. Immediately after the protest, DSH issued a lockdown on all patients which included prohibitions to leave the unit to which they were assigned, to access the hospital library, and to go to the post office. In addition, patients have had no outside visitors since January 14.

“At the beginning of the lockdown, patients at Coalinga were also cut off from communicating with their attorneys. This situation has improved slightly although phone calls are limited to a maximum of 15 minutes,” stated Bellucci.

During the TRO hearing and in legal documents filed by DSH and the Executive Director of Coalinga, the government testified that the lockdown at Coalinga had ended. The government failed to provide a date on which the lockdown ended and as of this date, patients continue to be confined to their units and no visitors are allowed.

 

Related links:

http://www.kmjnow.com/2018/01/26/coalinga-state-hospital-patients-denied-electronics-by-judges-order/

 

 

Join the discussion

  1. mike r

    Such a f$$$/^ travesty of justice…

    • David Kennerly, Me Think Thou Doth Protest Too Much

      Administration got pissed after the November election. The Detainees’ votes cost the City of Coalinga it’s 1% sales tax increase. Time for revenge by inflicting their many petty torments.

      • The Static-99R Is A Scam

        But does the “hospital” administration really think that by removing their civil rights, that they can intimidate these so-called “patients” into voting for the government’s interests in the future? If anything, I would think that such retaliatory acts would make these patients learn to stand up for themselves.

        • David Kennerly's Spectral Evidence

          They don’t want them to vote AT ALL. This is deeply, constitutionally (in the personal sense) threatening to them. They have to think of those people in a particular way and voting their conscience is not one of those ways. They need to see these Detainees as just short of serial killers and the floridly psychotic. How else can they reconcile themselves to their jobs, otherwise? What they think that they can do is intimidate Detainees into become perfectly compliant, passive and “programming” every minute of every day and they will do it by making their lives miserable.

  2. AC

    Does anyone know if they have filed in the Ninth Circuit Court of Appeals? It is already been granted, so how is that the Eastern District could deny it. Defendants want to eventually take away the laptop computers under the old 4350 regulation which is being argued before the Ninth Circuit Court of Appeals, case # 16-16518. It is so hard to understand why when one Court has ruled another can rule against it, especially when it’s a lower court!

    • David Kennerly, Me Think Thou Doth Protest Too Much

      It hasn’t been decided yet. It is being considered.

  3. cool CA RC

    Appeal?

  4. Whoa

    Are they still serving their sentences? Probation?

    • David Kennerly's Spectral Evidence

      They served the entirety of their sentences but, in most cases, they didn’t enjoy a moment of freedom on the outside. Instead, they were evaluated for “eligibility” to the SVP Program. They may have waited in either the prison or in county jail while this was being decided. No civil commitment trial yet, that will come much, much later. If they are said to meet the absurd standards for civil commitment, then they are sent to Coalinga. I’m not sure if there is another weigh-station before that. Regardless, more waiting. Meanwhile, if they were being released to parole from prison, as most “candidates” are, then their period of parole is already running. Most Detainees have been in Coalinga so long that their parole ran out years earlier. So the period during which they were being punished as part of parole supervision has by then ceased. Even so, many of these have still not had a civil commitment trial due to all that now rides on that. They are no longer entitled to, what, was it once a year I believe? Of course, the Legislature changed that and now only give them ONE civil commitment trial during their lifetime. As such, this is their one-and-only shot at future liberty they will ever have which encourages them to delay their trials as long as they can to earn brownie points and gold stars with the professional staff to increase their odds. If they lose, their lives can be expected to be spent entirely within what looks like a supermax prison from the outside with more razorwire than I’ve seen on any prison billowing in the windy and unremitting stench that comes up from The Harris Ranch. Oh, and there’s endemic Valley Fever in the area, too. I’m not sure how many, at this point, have been killed.

      • Tim Moore

        I had Valley feaver, or at least that is what I had to self diagnose, because the doctor just simply gave me antibiotics without really saying what it was. It is also called “construction lung” because many people who work on building sites and in fields in dry summer SoCal, where the virus thrives in the dry dust, contract it. I was always breathing dust kicked up from leaf blowers. It is like drowning. My lungs filled up with fuids and I had a constant low grade fever. I would drive down the hyway and feel like blacking out. If you don’t die from it you do get better in time, but guess it never goes away. Dog, this place sounds like hell. Not a therapuetic setting at all. I guess if they did give them a really therapuetic setting, say a Tasajara like setting, or like in that British film about prisoners entering a master gardening contest, the public would fume about government liberals coddling “predators” in a resort like setting.
        It is all politics.

  5. Q

    If these people are “patients” and not prisoners this is outright oppression and denial of their rights. It’s my understanding these state victims are not prisoners in the eyes of the state, but we here know they are in a prison without charges and they haven’t committed a crime. This is wrong on so many levels. I hope Janice challenges this injustice.

  6. kind of living

    How do we go about putting a stop to this circle of punishment givers ? and not just whats going on in these hospitals , but whats going on in all of our so called live

  7. Paul 2 One bad apple spoils the whole damn bunch on

    CA is a shit hole state drain the swamp

    • steve

      The 5th largest economy in the world is far from a shithole. Doesn’t matter which side of the aisle they are because they all are for shithole laws against RC’s.

    • kind of living

      @Paul 2 ,,,,, ,, so stay out of CA it don’t need to be further infected , and you can drain the swamp by firing up that sump pump right where your standing ,

  8. David

    Everyone, please start writing to – and pressuring – your California legislature assemblyman and senators! We must raise the red flag on this outrageous oppression!
    This needs to stop!! 😡😡😡

  9. Will Allen

    Criminal regimes commit crimes. It’s what they do. Always vote to shrink big government. Always vote to keep money from the prison industry.

  10. TS

    The CA map should be redrawn to the show the “The Coalinga Republic of Venezuela, North Korea, etc”

  11. Marty

    Would somebody please explain to me why we have a Constitution when our government and judicial branch choose to ignore it? We are not all equal under the law.

    • Tim Moore

      That’s why we need to burn the soiled founding document once in awhile as protest. To renew it. Heck, when people burn the flag all of a sudden people remember all the good things this country should stand for. The public doesn’t seem to respond to anything but symbols. It is just paper, the ideas are in people’s heads, but that is how you make them take notice of the Constitution.

  12. Bob

    I hope the patients or so called, destroy the place ! 🙂

  13. It doesn’t work

    Everybody in the hospital gets reprimanded. The end

  14. Tim Moore

    I found these reviews by employees at CSH:
    https://www.glassdoor.com/Reviews/Employee-Review-Coalinga-State-Hospital-RVW9055582.htm
    My favorite was this quote: “Spoiler alert: The real SVPs are not the patients!”

    • The Static-99R Is A Scam

      LOL, great find Tim! Whoever wrote that review is a genius who needs to be a comedy writer ASAP.

      Favorite Excerpt 1: “Patients threaten to litigate and often do. Avoid actually doing any work during probation and that is how you will pass, by being invisible, which is something the twice divorced homely specimens can only accomplish. Work here if you want to have your medical license revoked and be listed in a class action lawsuit.”

      Favorite Excerpt 2: “If you are a gossip mongerer, they have a position for you as a staff psychologist, whose main duty is to falsity and embellish documentation because at heart you are a closet voyeur who secretly wishes you had a life of your own.”

      Sounds a lot like the “psychologists” at that Sharper Future program that a few always seem to mention [“whose main duty is to falsity and embellish documentation”]. I guess documentation embellishment is a prerequisite to working in the world of forensic psychology (and with labeled “sex offenders” generally). What a scam.

      • Stephen B.

        FYI, Sharper Future is actually a “training site,” so most of the practioners doing the “treatment” are not licensed psychologists. It’s a bit misleading if you ask me; but Sharper Future is a business—with a business model designed to cut overhead. So no—most at Sharper Future do not have an actual psychologist license.

  15. Gwen

    This may or may not help.. but it appears this Judge may have possibly had a compliant of Judicial misconduct filed on him in previous years. http://www.supremelaw.org/cc/aol/372c.complaint.drozd.htm

  16. kind of living

    it seems they are just taking the window dressing off , and saying yep its prison , what you going to do about it? , flexing their coward muscle , and seeing how far they can push , surly it will spread to other areas , like the registry as a whole thru different agents of control , like they have been doing these multi agency sweeps we have been seeing up in SAC town

  17. Harry

    On November 12, 2014, President Obama nominated Drozd to serve as a judge on the United States District Court for the Eastern District of California,

    • James

      Time to send more money to Janice. Actually, I did contribute already this year….but this is an unpopular cause and Janice deserves all the help any of us can provide; Janice is courageous where some of us, (me), are less so.

      All praises to her for being such a terrific person.

      Best Wishes, James

  18. totally against public registry

    Janice,
    Today is Tuesday the 30th and the lockdown is still going on. On Sunday night, their voluntary giving forth of all of their electronics ended and since then police is going through every unit looking to confiscate and arrest/prosecute anyone who did not give up their belongings within the 10-day period, which ended Sunday. I was told that once they go through all of the units, they will start opening the phone lines but not sure about visiting. There has been no phone contact so far.

  19. David Kennerly, Samizdat Scribbler

    “The psychiatric incarceration of certain individuals [in the Soviet Union] was prompted by their attempts to emigrate, to distribute or possess prohibited documents or books, to participate in civil rights protests and demonstrations, and become involved in forbidden religious activities.”

    _______””The incarceration of free-thinking healthy people in madhouses is spiritual murder, it is a variation of the gas chamber, even more cruel; the torture of the people being killed is more malicious and more prolonged. Like the gas chambers, these crimes will never be forgotten and those involved in them will be condemned for all time during their life and after their death.” – Alexander Solzhenitsyn ____________ Speaking of Coalinga State “Hospital,” they are still on lock-down, limited phone use has been restored to SOME of the units and staff – ALL available staff – have been tearing into all of the Detainees’ property and stealing most of it despite it all having been approved and legally purchased. Mike St. Martin lost nearly two thousand CDs, DVDs, and Blu-Ray disks. They did leave him 30, as they had stated. However, none of the other Detainees in his unit were left with ANY disks whatsoever, not even the thirty that were promised. Mike lost all of his removeable media – both hard drives and thumbdrives, cables, a Blu-Ray player and lots, lots more. They rifled through all of his legal paperwork. They stole food that was legally bought through the commissary. They threw all of the ice cream in the unit refrigerator in the garbage. Mike lost more than $20K worth of property. Another example is the dumbed-down and ridiculously expensive tablets that were being sold to Detainees for several years from that well-recognized prison industrial complex vendor profiteer, Walkenhorst. Many of the Detainees bought them for $200 even though they did very little. No wifi, certainly and no camera or microphone. It was the closest they could get to a computer. All of these have been seized by the authorities now. Mike lost two of these. Detainees will not be compensated for any of these confiscations. To pile on the insults, the searches resulted in the destruction of much of the property that remains. They left an enormous mess which the Detainees now must clean up. There are some very depressed people at CSH these days.

  20. AJC

    Yes, the patients are still on some type of lockdown. My brother told me he’d call this week and as of this time I’ve still not heard from him. I tried to call on a number I’ve used many times. It was finally answered by someone that wouldn’t confirm or deny if he was there. Point being I didn’t ask if he was there, I asked to speak to him. So I asked who I was speaking too, and he replied that he was a staff member. Then I asked if the patients were still being denied phone calls, and he repeated that he couldn’t confirm or deny if “he” was there. I asked about the denial of calls again, and he just kept repeating himself. So I informed him that I would take that as a confirmation, that they were still denying civil commitments their civil rights, and contact my attorney. The people at this hospital make their own rules as they go along. I’m beyond frustrated, I can’t even imagine what the patients are feeling.

    • David Kennerly, Samizdat Scribbler

      AJC, Yes, and from one unit to the next. Each unit operates in its own capricious way. Unit 10 was accessible by phone as of yesterday. That could change at any moment as I found out earlier this week when, while talking with Mike, they burst in to take away the phones again. There is no accountability to any authority. Apparently, they are already violating the terms set by the judge who denied Janice’s request for a temporary stay, one of which was to make phones accessible.

      • AJC

        David, thanks for that info. My bro is on 7. I spoke to him briefly when they were first allowing calls out last week, and he said he would call this week. He told me that he would request a receipt for any property they wanted to confiscate, and if they refused, well, he’d deal with that if it happened. So it makes me wonder what’s happened since I haven’t heard from him.
        None of what they do surprises me anymore.

      • AJC

        Finally heard from my brother a few minutes ago, but he had to use his phone card and it’s low on minutes. He’s okay, supposed to be a memo or something circulating allowing some easing of the lockdown. He hasn’t seen it yet though. He said last week they were allowing phone calls, but using the excuse that patients were using them to stir up other patients on other units they took them again.
        They are something else!

  21. totally against public registry

    Janice, this is just a thought. Do you think we can bring family or friends of citizens in Coalinga together. Maybe even hold informational meetings to help each other and be on top of what’s going on with our loved ones? I would say 99.99% of the citizens in there are there because they could not afford a good private representation to fight for them. This is what this system banks on- people with no money and contact/rally can not really do much! Maybe there already is such a group or organization?! I am not sure but I don’t think so.

    • David Kennerly, Spectral Evidence Technician

      “Friends and Family Of California Civil Detainees.” You could use that name even though it was really only active for a short time. We posted a bunch of videos to YouTube with speakers from the only demonstration ever held at CSH which was also the second of any protests held at such a facility.

      • totally against public registry

        Thanks David. I still think that somehow if we put the word out we can get more people to come together.

    • cool CA RC

      Yep, here you go
      https://www.youtube.com/watch?v=25egS8jo4UM

      Thanks to David Kennerly for posting this.

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