Lawsuit Filed Over Moving Prisoners Out Of State

Oct. 30 - KGO (KGO) -- Relieving prison overcrowding by sending inmates out of state hasn't been an easy sell for the Governor. Now one of the state's most powerful unions is filing suit over those prisoner transfers.

In an emergency declaration issued by the Governor earlier this month, the state is about to transfer more than 2,000 inmates to private prisons in other states to relieve overcrowding.

Prisoner: "It feels like I'm in a coffin. It's pretty enclosed"

But a lawsuit filed Monday by two public employee unions claims the Governor doesn't have those powers.

It also says the move violates California's Constitution because state employees are supposed to perform government functions that nobody else can, in most circumstances. Especially when force is part of the job duties.

State Senator Gloria Romero has been working on prison reform and applauds the effort.

St. Senator Gloria Romero, (D) East Los Angeles: "Private, for-profit prisons only answer to their corporate board of directors."

The unions and their supporters are buoyed by an opinion issued last week by the State Legislature's attorney.

Attorney: "In an emergency, you can, in fact, transfer inmates."

But the Schwarzenegger administration says it does have legal standing and points out that the opinion does not take into account emergency declarations.

Prison officials don't understand why the unions are opposed to the move.

Bill Sessa, CA Dept. of Corrections: "None of their members are losing any work. They're not being displaced and we're making their working conditions safer for them, as well as the inmates by relieving overcrowding."

The prison guards have been working without a contract since July. Some critics say the lawsuit is a move by a powerful union flexing its political muscles to get better raises and benefits.

St. Sen. Jackie Speier (D) San Mateo: "It's not just the kinds of contracts they're able to negotiate. It's by the kinds of laws that get passed. It's by the reluctance of members of the Legislature to take them on."

Chuck Alexander, Prison Guards Union: "It doesn't fix anything. So no, it doesn't have to do with the contract. We do need some systemic changes in our department."

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