(CN) - A judge improperly delayed California's efforts at ending federal oversight of health care in its prison system, a lawyer for the state told the 9th Circuit.
California Deputy Attorney General Jose Zelidon-Zepeda argued that a February order by U.S. District Judge Thelton Henderson created the kind of delay Congress meant to avoid when it passed the Prison Litigation Reform Act (PLRA) in 1996.
Henderson had ordered California's lawyers to disclose the names of the experts they selected to examine prison conditions before the state could seek to end a 2002 injunction establishing federal oversight of California's prisons.
He said inmate representatives must also be allowed to accompany the state's chosen experts on their prison visits, and the state must hand over the experts' reports afterward.
The order stems from a 2001 class action in which inmate Marciano Plata claimed California violated the Eighth Amendment and the Americans with Disabilities Act by failing to provide state prisoners with "constitutionally adequate healthcare."
The lawsuit was consolidated with one filed in 1990 by Ralph Coleman over substandard mental health care.
The plaintiffs negotiated a deal with the state that resulted in a 2002 injunction requiring federal oversight of state prisons while California worked to fix the problems.
California agreed to take remedial steps to ensure adequate health care at all 33 prison facilities, starting with seven prisons in 2003 and adding five more to the program each year through 2008.
But after cataloging "extensive and disturbing" constitutional violations, the district court appointed a receiver in 2006 to completely take over the provision of medical care to California state prison inmates.
In 2009 a panel of federal judges, dissatisfied with the progress the state had made, ordered California to do more to relieve overcrowding.
California reduced the population in part by passing the Prison Realignment Act in 2011, shifting more than 20,000 inmates to county jails. But the progress has not placated the panel of district judges, who want California to release 10,000 prisoners by the end of 2013.
The U.S. Supreme Court recently refused to issue a stay.
Meanwhile, in early 2013, California indicated that it wanted to take back the reins. Attorneys for Plata and his co-plaintiffs asked Judge Henderson to reopen discovery in order to prepare for any motion hearings.
They also claimed the state "hired physicians from Texas to evaluate the medical care at California prisons" and asked to accompany those consultants on their tours.
Henderson reopened discovery but then went too far, according to the state, by setting requirements the plaintiffs had not even asked for.
The judge additionally ordered prison officials to disclose their experts and provide expert reports "at least 120 days prior to filing any motion to terminate."
In doing so, Henderson exceeded the legal limits and flouted congressional intent, Zelidon-Zepeda argued in the state's brief and in court.
"In contravention of the PLRA, this order delays defendants' efforts to terminate this longstanding class action, and it delays the effect of the automatic stay that follows a termination motion," the brief states.
Zelidon-Zepeda said Congress enacted the statute to stop federal judges from "stonewalling" and to get the federal courts out of prison litigation.