California
Inmate’s wife sexually violated during strip search awarded $5.6 million in settlement: attorneys
A California woman who was sexually violated during a cavity search while trying to visit her incarcerated husband was awarded $5.6 million in a settlement with the department of corrections and the hospital that oversaw the search, her attorneys said Monday.
Christina Cardenas, 45, told the New York Times she was left “traumatized” during an attempted visit to her inmate husband on Sept. 6, 2019 that ended with her going through two strip searches, a cavity search where a male doctor allegedly violated her, X-ray and CT scans, and a drug and pregnancy test, according to the lawsuit she filed against the two parties.
She was then hit with a $5,000 bill from the hospital that did the tests. But Cardenas will recoup that money and then some.
The California Department of Corrections and Rehabilitation will fork over $3.6 million and the rest of the total $5.6 million settlement will be divided up between Adventist Health Tehachapi Valley Hospital, a doctor and two correction officers. All defendants denied any wrongdoing in the settlement, the Times reported.
But it wasn’t just the money. Cardenas said she sued the defendants so that the alleged misconduct and violations she was subjected to doesn’t happen to others seeking to visit their loved ones in prison.
“My motivation in pursuing this lawsuit was to ensure that others do not have to endure the same egregious offenses that I experienced,” Cardenas said.
The correction officers had a warrant to search any visitors of her husband, who has been in prison since 2001 when he was convicted of armed robbery, according to the Times.
But the warrant stipulated that the officers could only conduct a strip search of the visitor if an X-ray detected any foreign objects that could be contraband inside the visitor’s body. Cardenas underwent an X-ray and a CT scan and neither picked up any abnormalities, according to her lawyers.
Her lawyers also said a prison official tried to intimidate her during the intrusive ordeal.
“Why do you visit, Christina? You don’t have to visit. It’s a choice, and this is part of visiting,” the official reportedly taunted, according to chilling details Cardenas revealed in the suit.
Cardenas is being represented by Gloria Allred, the high-profile women’s rights attorney, whose past clients include Mimi Haley in her suit against Harvey Weinstein, Judy Huth in her suit alleging she was sexually abused by Bill Cosby, and the family of Halyna Hutchins.
“We believed the unknown officer’s statement was a form of intimidation used to dismiss Christina’s right to visit her lawful husband during the course of his incarceration,” Allred said.
Cardenas was also made to strip and squat over a mirror, which is a type of search usually reserved for inmates, Allred told the Times.
Allred was not immediately available for comment when contacted by The Post.
Cardenas further revealed that while being transported to and from the hospital, she was put in handcuffs in a “humiliating perp walk.” She also said she was denied water or bathroom use for the majority of the search.
And after the long-winded search and tests yielded no contraband in her body or belongings, Cardenas was not permitted to see her husband, Carlos Cardenas.
The traumatizing ordeal wasn’t the first time she had been subjected to a grueling search by prison officials.
Cardenas underwent a strip search to marry her husband — they began dating after he was behind bars — and said she had experienced difficulties during prior visits to him, but not to the magnitude of the September 2019 incident.
The settlement additionally requires that the California Department of Corrections and Rehabilitation distribute a policy memorandum to workers to ensure visitors’ rights are protected when they are subjected to strip searches.
As part of the requirement, prison officials must give a copy of the search warrant to visitors and ensure they read and understand it. The officials also cannot exceed the scope of what is allowed under the warrant.
Sexual abuse and misconduct have been a systemic problem in California prisons. On Sept. 4, the Justice Department announced it had opened an investigation into allegations that correctional officers sexually abused female inmates at two state-run California prisons.
The federal Bureau of Prisons also shut down a women’s prison in Northern California — the Federal Correctional Institution in Dublin — following similar allegations. The prison was dubbed the “rape club” after an Associated Press investigation exposed widespread sexual abuse by correctional officers.
With Post wires.
California
California governor’s race tightens as primary day approaches
OAKLAND, Calif. – With Tuesday’s primary election approaching, the race for California governor is coming into focus — and one candidate’s rise has surprised nearly everyone watching.
That’s according to Joe Garofoli, senior political writer and columnist with the San Francisco Chronicle, who broke down the latest polling and key races to watch with KTVU.
Who’s in the lead?
By the numbers:
The latest Berkeley IGS poll of 5,000 likely voters from May 19-24, shows former Attorney General Xavier Becerra leading the field at 25%, with Republican Steve Hilton at 21% and billionaire activist Tom Steyer at 19%.
Just two months ago, Becerra was polling at 5% and Democratic Party leaders were quietly urging lower-performing candidates to reconsider their campaigns. Former Los Angeles Mayor Antonio Villaraigosa, who is now polling at 1%, was among those who suggested Becerra consider dropping out.
“This would be the greatest comeback since Lazarus,” Garofoli said.
He attributed Becerra’s turnaround primarily to the exit of Congressman Eric Swalwell from the race, saying Swalwell’s voters and Becerra share many of the same moderate positions.
Becerra, Garofoli said, has leaned into a steady, reassuring image on the campaign trail.
“He’s sort of portraying himself as Tío Becerra — Uncle Becerra, the kindly uncle,” Garofoli said. “This is not a guy who’s going to go to Sacramento and turn over the tables.”
The other side:
Steyer, meanwhile, has climbed from 15% earlier this month to 19% in the latest poll, powered by $213 million of his own money and a string of endorsements from major progressive organizations in California.
His support for single-payer health care and his pledge to not take corporate PAC money have resonated with the left, even as some progressives have historically been skeptical of billionaire candidates.
“Steyer’s a different type of billionaire than the tech billionaires who they traditionally oppose,” Garofoli said, noting that Steyer’s platform focuses on protecting and creating working-class jobs rather than advancing technologies that could eliminate them.
Ballots are slow coming in
Dig deeper:
Despite the competitive field, Democrats have been slow to return their mail-in ballots, with return rates sitting around 12%.
Garofoli said the hesitation reflects a broader dissatisfaction with the candidate pool.
“I can’t tell you how many people told me, ‘I don’t know who to vote for, none of these people appeal to me,’” he said. “Nobody in this field really has that outsized big personality, or at least has demonstrated it at this point.”
Local perspective:
In San Francisco, former House Speaker Nancy Pelosi added a new variable to the congressional race to fill her seat, endorsing Supervisor Connie Chan over front-runner State Senator Scott Wiener. Garofoli said the endorsement was expected, though its timing surprised him.
Pelosi’s recent endorsement record in San Francisco has been uneven — she backed Dean Preston, who lost, and Joel Engardio, who was recalled — but Garofoli said this one may carry more weight.
“It is for her seat. She has tapped Chan on the shoulder and said, this is the person I want,” he said.
Chan is currently in a tight race with Saikat Chakrabarti, a former tech engineer and one-time aide to Rep. Alexandria Ocasio-Cortez, according to Chronicle polling.
The Pelosi endorsement, Garofoli said, could be enough to push Chan into the top two alongside Wiener.
The Source: Interview with Joe Garofoli, senior political writer and columnist with the San Francisco Chronicle, Berkeley IGS poll
California
Steve Hilton on His Surprisingly Strong Bid for California Governor
It’s been quite the unexpected slog through a field of candidates so numerous that all of their names don’t even fit on a single page of the ballot. Democrats in California have held the governor’s mansion, state House, and state Senate for almost two decades and unrest about that trifecta out West is real. The traditional political alliances are frayed, at best, with socialists backing a billionaire and Trump supporting an immigrant. A sex scandal tanked the hopes of a leading candidate, Rep. Eric Swalwell, and Trump’s endorsement of Hilton all but sidelined tough-on-crime Riverside Sheriff Chad Bianco. It’s why Hilton, who moved to California in 2012, is in the mix in a race that is set to test assumptions about party loyalty, candidate partisanship, and money’s power. And it carries massive consequences about who will be the de facto CEO of the fourth-largest economy on the planet, between Germany and Japan, and a major player on the national political stage. This is not some backwater local election.
California
California just handed oil companies billions in free pollution permits
By Alejandro Lazo, CalMatters
This story was originally published by CalMatters. Sign up for their newsletters.
California air regulators on Friday approved a contentious overhaul of the state’s carbon market, creating a program that could steer billions of dollars in free pollution permits to oil refineries and other major polluters over the objections of environmental groups, key lawmakers and three of the board’s own members.
Ten members of the California Air Resources Board voted to adopt the changes to its cap-and-invest program after two days of lengthy hearings, including a full day dedicated to hundreds of public comments.
The overhaul followed intensive lobbying by the oil industry as well as pressure from Gov. Gavin Newsom’s administration to help keep refineries operating in the state amid rising gas prices.
The approval sets up a potential budget fight in Sacramento. The Legislative Analyst’s Office projects that quarterly auction revenue for state climate programs will drop from roughly $4 billion a year to about $2 billion under the new overhaul.
Such a shortfall would effectively zero out programs lawmakers spent last year fighting to fund: affordable housing, public transit, drinking water in low-income communities and pollution monitoring in California’s most polluted neighborhoods.
The governor’s office praised the measure as a compromise that balanced economic uncertainty with the state’s climate goals. Refinery closures and the Iran-Israel war have driven average California gas prices above $6 a gallon.
Newsom, in a statement, used the moment to draw a contrast with President Donald Trump.
“While Trump sows ongoing chaos and uncertainty, California is staying focused by protecting our economy, safeguarding public health, and doubling down on the clean energy future all Californians deserve,” he said.
Environmentalists warned the changes to the program amount to a giveaway to the fossil fuel industry that weakens California’s only program setting a firm cap on greenhouse gas emissions.
Katelyn Roedner Sutter, California senior director for the Environmental Defense Fund, called the decision “deeply misguided” for prioritizing polluters over communities.
“Newsom’s air regulators are handing billions to oil executives at the expense of our climate, health, and affordability for working families in a rushed process that has shortchanged meaningful public participation,” said Bahram Fazeli, policy director at Communities for a Better Environment.
How the program works — and what changes
California’s 13-year-old carbon market forces major polluters to buy permits while the state lowers the overall cap each year. Friday’s vote will reduce those permits – and creates a new subsidy program carved out of the market.
The program, which may still see changes, could make available a new pool of free pollution permits available to industry valued at as much as $4 billion. Companies that pledge to invest in clean energy and efficiency may qualify for the permits in exchange for investments in clean energy.
The pool will be capped at 118.3 million permits — the same number the air board has said must come off the market for California to hit its 2030 climate target. Environmentalists say the proposal risks wiping out those reductions.
Half are reserved for the fossil fuel sector. A recent Berkeley analysis, by the chair of an independent committee that oversees the carbon market, found refineries could end up with more free permits than they need to cover their emissions.
The air board has defended the design. Officials say the credits will go only to companies undertaking decarbonization projects, will be limited and temporary and can be clawed back if companies misuse them. The plan, they say, is meant to keep California refineries operating at a time of mounting closures and global market pressure. According to air regulators, the amended program will spur clean-energy investment as Trump cuts federal support.
This article was originally published on CalMatters and was republished under the Creative Commons Attribution-NonCommercial-NoDerivatives license.
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