ERNEST L. COX, Petitioner,
THE SUPERIOR COURT OF AMADOR COUNTY, Respondent; SCOTT KERNAN, as Secretary, etc., et al., Real Parties in Interest
ORIGINAL PROCEEDING in mandate. Superior Court No. 15 CV
9354, No. 15 HC 1760, Steve Hermanson, Judge.
[Copyrighted Material Omitted]
L. Cox, in pro. per., for Petitioner.
appearance for Respondent.
D. Harris, Attorney General, Jennifer A. Neill, Assistant
Attorney General, Jessica N. Blonien and Yun Hwa Harper,
Deputy Attorneys General, for Real Parties in Interest.
by Nicholson, Acting P. J., with Robie and Murray, JJ.,
Cal.Rptr.3d 189] NICHOLSON, Acting P. J.
Petitioner Ernest L. Cox is incarcerated at Mule Creek State
Prison. He filed a civil complaint against real parties in
interest, officials and employees of the Department of
Corrections and Rehabilitation (CDCR), seeking monetary
damages. Simultaneously, he filed a petition for relief from
the government claims filing requirement. Respondent superior
court deemed the civil complaint to be a petition for writ of
habeas corpus, which the court then denied. Petitioner filed
a petition for writ of mandate in this court, asserting
respondent superior court erred in deeming the civil
complaint to be a habeas corpus petition and that the court
must consider his petition for relief from the government
claims filing requirement on its merits. Real parties in
interest concede respondent superior court erred. We agree,
and order the issuance of a peremptory writ of mandate.
Cal.Rptr.3d 190] BACKGROUND
filed a civil complaint against officials and employees of
CDCR. The complaint is not a model of clarity, but in general
alleges claims of sexual harassment, intentional infliction
of emotional distress, and violation of due process. The
complaint seeks compensatory and punitive damages; injunctive
relief, including directing CDCR to develop training
regarding sexual harassment, and dismissing prison discipline
imposed on petitioner; and a judicial declaration that a
prison regulation regarding unlawful influence is vague and
uncertain. Simultaneously, petitioner filed a petition ...