Craver v. Hasty et al

Filing 168

ORDER signed by Senior Judge Stephen M. McNamee on 02/01/16 ORDERING that plaintiff's 164 Motion to Order Defendants to Notify CDCR that $200.00 of the $3,500 Settlement is Free of Any Restitution Obligation is GRANTED; defendants are ordered to allocate $195.30 from the settlement award to plaintiff for the reimbursement of his damaged personal property. Upon the satisfaction of this Order, the parties have until 02/26/16 to file a stipulation for dismissal of this act ion. In the event that no such stipulation is filed, the Court will proceed with the 03/21/16 final pretrial conference and 03/22/16 trial. The final pretrial conference and trial will be vacated upon the parties filing an appropriate stipulation for dismissal. (Benson, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Andre Craver,

No. CV 2:11-1344-PHX-SMM
Plaintiff,

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v.

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ORDER

J. Hasty, et al.,

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Defendants.

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Pending before the Court is Plaintiff’s Motion to Order the Defendants to Notify

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CDCR that $200.00 of the $3,500 Settlement is Free of Any Restitution Obligation

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Because $200.00 is Property Re-Imbursement P.C. § 2085.5 CCR Title 15. (Doc. 164.)

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This motion was filed after the parties notified the Court that they had reached a

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settlement agreement, so no stipulation for dismissal was filed. The Court ordered

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Defendants to respond (Doc. 166), which they did (Doc. 167).

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In his motion, Plaintiff states that the parties reached a settlement agreement for

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$3,500. (Doc. 164.) Plaintiff argues that pursuant to Cal. Penal Code § 2085.5 and Cal.

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Code Regs. tit. 15 Title 15, “$195.90 or there about” should be reimbursed to him for

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repayment of property damage, free and clear of any restitution obligations. (Id.) In their

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response, Defendants “acknowledge that Plaintiff raised the issue of compensation for

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lost property during settlement discussions,” but that he did not specifically modify the

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terms to reflect such reimbursement when signing the settlement agreement. (Doc. 167.)

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In an effort to amicably settle all disputes related to Plaintiff’s complaint, Defendants

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“will agree to write a separate check for $195.30,1 with instructions that this amount is

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exempted from restitution.”

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Cal. Penal Code § 2085.5(n) provides that “[c]ompensatory or punitive damages

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awarded by trial or settlement to any inmate. . . in connection with a civil action brought

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against a federal, state, or local jail, prison, or correctional facility, or any official or

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agent thereof, shall be paid directly. . . to satisfy any outstanding restitution orders or

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restitution fines against that person.” Additionally, Cal. Code Reg. tit. 15, § 3097(j)

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(2015) provides an exemption to this general rule, stating that “any reimbursement to an

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inmate as a result of a claim for lost or damaged property. . . are exempt from deductions

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for fines and direct orders of restitution.”

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Finding that the amount requested by Plaintiff accurately reflects reimbursement

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for damaged personal property, and that Defendants are in agreement, the Court will

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grant Plaintiff’s motion.

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Accordingly, for the forgoing reasons,

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IT IS HEREBY ORDERED GRANTING Plaintiff’s Motion to Order the

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Defendants to Notify CDCR that $200.00 of the $3,500 Settlement is Free of Any

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Restitution Obligation Because $200.00 is Property Re-Imbursement P.C. § 2085.5 CCR

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Title 15. (Doc. 164.) Defendants are ordered to allocate $195.30 from the settlement

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award to Plaintiff for the reimbursement of his damaged personal property.

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IT IS FURTHER ORDERED that, upon the satisfaction of this Order, the parties

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have until Friday, February 26, 2016 to file a stipulation for dismissal of this action. In

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the event that no such stipulation is filed, the Court will proceed with the final pretrial

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conference on March 21, 2016 and trial on March 22, 2016. The final pretrial

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In his Complaint, Plaintiff sought “monetary compensation for damages
including $3.80 for dial soap, $3.80 for headphones loss, $5.70 for herbal essence
shampoo, and $182.00 for prescription glasses” totaling $195.30. (Doc. 1-B.)
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conference and trial will be vacated upon the parties filing an appropriate stipulation for

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dismissal.

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Dated this 1st day of February, 2016.

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Honorable Stephen M. McNamee
Senior United States District Judge

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