19 Cal. App. 5th 247
Cal. Ct. App. 5th2017Background
- Jackie Robinson, civilly committed as a Sexually Violent Predator at DSH-Coalinga since 2007, had electronic items seized between 2011–2013 as contraband.
- Seized items in dispute: Dell laptop (modified with modem), two PSP gaming devices (one with camera/mic), a Seagate portable hard drive, a Kingston 16 GB memory card, and a SanDisk 16 GB micro SD card.
- DSH-C relied on its contraband policies, Administrative Directive 654, and Cal. Code Regs. tit. 9 § 4350 (prohibiting devices that can be wired/wireless-network capable) to classify devices and certain software/content as contraband.
- Superior court found the laptop and PSPs operationally contraband and the storage media contraband because of prohibited software/content, but held that indefinite retention violated due process and ordered DSH-C to allow Robinson to mail the items out at his expense.
- Robinson appealed, arguing the hospital should remove contraband components or materials and return the modified devices; the Court of Appeal affirmed the superior court's ruling.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether seized items were contraband | Robinson: devices/storage not contraband per se; only objects with Internet/recording capability should be prohibited | DSH-C: devices either network-capable (or modifiable to be so) or contained prohibited software/content or images, fitting contraband rules | Court: substantial evidence supports contraband designation for both operational devices and storage media |
| Whether DSH-C must modify seized items to remove contraband and return them | Robinson: DSH-C should remove offending components/software and return the property | DSH-C: no statutory or regulatory duty to sanitize and return property; modification imposes unreasonable institutional burden | Court: no authority compels DSH-C to modify contraband; court did not err denying return request |
| Whether indefinite retention violated due process | Robinson: retention without return is wrongful | DSH-C: retention justified for safety; but court must balance detainee rights and institutional security | Superior court found indefinite retention violated due process and ordered mailing out at Robinson's expense; appellate court affirmed that aspect of the superior court's order implicitly by affirming disposition |
| Standard for reviewing factual and legal determinations | Robinson: challenges to factual findings and legal conclusions | DSH-C: findings supported by evidence and proper legal standards applied | Court: applies substantial evidence to facts, independent review to law; substantial evidence supports contraband findings |
Key Cases Cited
- Youngberg v. Romeo, 457 U.S. 307 (civil detainees entitled to more considerate treatment than prisoners; protected from conditions amounting to punishment)
- In re Corona, 160 Cal.App.4th 315 (standard of review on habeas: substantial evidence for facts, independent review for law)