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SAN DIEGO (CNS) - A San Diego federal judge largely upheld California's private prison ban in a ruling stemming from dual lawsuits filed against the state by the Trump administration and a private prison firm.U.S. District Judge Janis Sammartino issued a preliminary injunction Thursday upholding in most respects Assembly Bill 32, which took effect Jan. 1 and prohibits the operation of private detention facilities statewide.By 2028, the law would bar all inmates from being held at privately owned facilities. The law also prohibits agencies from entering into new contracts for privately owned detention facilities or renewing existing contracts at currently operating facilities.The federal government and private prison firm The GEO Group argued that the law is unconstitutional because it encroaches on the government's operations to house federal inmates by unlawfully allowing a state government to regulate federal operations.Additionally, the government has argued that private facility closures will force the relocation of thousands of inmates at high cost to taxpayers, with inmates also forced to be incarcerated at greater distances from their families, especially if they are relocated out of state.The GEO group alleges that it will lose around 0 million per year in revenue if forced to close down its California facilities and could lose more billion in capital investment and revenue over the next 15 years.Sammartino ruled that AB 32 is a regulation of private detention contractors rather than the federal government and its operations and disagreed with plaintiffs' arguments that AB 32 interfered with congressional objectives to house detainees in private facilities, except in respect to United States Marshals' detainees.Sammartino wrote, "Congress clearly authorized USMS to use private detention facilities in limited circumstances, such as where the number of USMS detainees in a given district exceeds the available capacity of federal, state and local facilities."As AB 32 would prevent the use of private facilities when no available space exists in other facilities, she preliminarily enjoined enforcement of the ban in regards to USMS detainees, but it remains in effect for the U.S. Bureau of Prisons and ICE.According to court papers, 1,100 USMS inmates in California are housed in private detention facilities, representing about 22% of USMS statewide.Among those inmates, many are housed at San Diego facilities that include the Metropolitan Correction Center, Western Region Detention Facility, and Otay Mesa Detention Center.The United States and the GEO Group can file amended complaints within the next three weeks, according to Sammartino's order. 2706

SAN DIEGO (CNS) - A pedestrian was fatally stuck on the Mission Valley (8) Freeway in San Diego, according to the California Highway Patrol.The crash occurred on the westbound 8 Freeway near Hotel Circle about 8:15 p.m., the CHP reported.The body was found near the center divider. There was no immediate word on the age or gender of the victim. The person's name will be withheld pending notification of next of kin.The vehicle that struck the pedestrian remained at the scene, the CHP said.The crash was blocking two lanes and the CHP issued a SigAlert at 8:35 p.m. 575

SAN DIEGO (CNS) - A San Diego federal judge refused Tuesday to release 34 "medically vulnerable" detainees from the Otay Mesa Detention Center, which has the largest COVID-19 outbreak among the nation's U.S. Immigrations and Customs Enforcement facilities.U.S. District Judge Dana Sabraw previously ruled that a group of medically vulnerable detainees be released, in respose to a lawsuit filed by the American Civil Liberties Union alleging that overcrowded conditions at Otay Mesa put detainees at serious risk of contracting the virus.More than 200 people have tested positive at the facility since the outbreak began, including 57-year-old Carlos Escobar-Mejia, who became the first ICE detainee to die from COVID-19 earlier this month.While most of those detainees have been released since Sabraw's ruling, ICE was allowed to review their criminal histories, and decided that 34 among them should remain in custody "based on defendants' determination that they pose a danger to the community," the judge wrote.Sabraw ruled that while Otay Mesa still has the largest virus outbreak in the nation, the reduction in the facility's population and other factors have likely reduced the risk for those still detained.Sabraw's ruling denying a request for a preliminary injunction indicates the facility is currently at 38% capacity, and that the 34 detainees at issue are spread out throughout the facility.The judge wrote that 30 of those detainees are in housing units with no positive cases, "a stark contrast to the situation that existed before the TRO issued, where medically vulnerable detainees were being housed throughout the facility with other detainees who had tested positive."Sabraw wrote that the remaining four detainees are in a unit that is at 12% capacity. Three of the four detainees tested positive for COVID-19 before his TRO order was issued, but have since recovered. The fourth detainee "may be at increased risk, but other factors mitigate that risk," Sabraw wrote.The judge said Otay Mesa has taken measures to mitigate the risk of further spread, including suspending new detainee admissions, screening people who enter the facility, increasing sanitation, providing masks to detainees and requiring employees to use personal protective equipment.Additionally, Sabraw wrote that unlike the detainees previously released, the government had additional interest in "protecting the community," when considering the 34 remaining detainees.Earlier this month, Sabraw also denied a request from the ACLU to release medically vulnerable U.S. Marshals Service inmates from the facility, citing a law that limits the ability for inmates in criminal custody to file lawsuits in federal court, placing certain restrictions on inmate release requests when it concerns the conditions of their detention. 2826

SAN DIEGO (CNS) - A study released Monday by the San Diego County Childhood Obesity Initiative found that more than one-third of fifth-, seventh- and ninth-graders in public schools around the county are obese or overweight. The study found that 34% of students in the examined grades were overweight or obese during the 2017-2018 school year, using data from the California Department of Education. The county had a lower obesity rate than California's 39% and the Centers for Disease Control & Prevention's 2015-2016 national estimate of 40.7% for youth aged 2-19. The study found disparities in obesity among ethnic and economic groups, with 24% of white students classified as obese, compared to 49% for native Hawaiian or Pacific Islander youths and 43% of Hispanic or Latino children. In addition, 42% of students facing disadvantages like homelessness, being in the foster care system, meal scarcity and having parents without a high school diploma were found to be obese or overweight. Only 24% of students who were not deemed socioeconomically disadvantaged were found to be overweight or obese. ``Childhood obesity remains a pervasive challenge, and sadly current rates have not changed much from the previous report released for the 2014-2015 school year,'' said Dr. Wilma Wooten, the county's public health officer. ``This indicates a need for new and continued investment in our communities to address the root causes and environments that hinder children's health.'' According to the Childhood Obesity Initiative, students who face challenges like food scarcity are often more likely to face issues with obesity because they don't have easy access to healthier and more affordable food options. Within the county, higher levels of obesity in children roughly correlated with census tracts in which higher levels of the population had an income of 200% of the federal poverty level or less. In addition, school districts with a higher rate of students in the Federal Reduced Price Meals Program tended to have higher rates of overweight or obese students. ``As a nation, we struggle with the idea that a child can be both overweight and not have enough to eat,'' said San Diego Hunger Coalition Executive Director Anahid Brakke. ``But these are two sides of the same coin. Families struggling to make ends meet must often sacrifice buying healthy food for cheaper, nutrient-poor options that are filling but high in calories, fat and sugar.'' The Childhood Obesity Initiative and the YMCA of San Diego County plan to tackle the problem of childhood obesity by promoting the ``5-2-1-0 Every Day!'' campaign, which encourages children to eat five or more servings of fruits and vegetables, spend fewer than two hours on recreational screen time, be physically active for an hour or more and avoid sugary beverages like soda. All YMCA branches in the county will have free Sept. 14 open houses offering information to families on the campaign and how to combat childhood obesity. Attendees will also have access to information on receiving financial help with a YMCA membership. 3100

SAN DIEGO (CNS) - Former Navy SEAL Edward Gallagher, who was acquitted of murder and attempted murder charges last year stemming from allegations that he fatally stabbed a wounded teenage ISIS fighter and shot Iraqi civilians, is suing the Secretary of the Navy and a New York Times reporter, alleging the reporter defamed Gallagher with the help of Navy officials illegally leaking him documents.The suit accuses the Navy of leaking "about 500 pages of confidential documents from the Navy's criminal investigation" on Gallagher to reporter David Philipps, who extensively covered the allegations against Gallagher prior to and after his trial at Navy Base San Diego last year.The suit also names as a defendant Navy Secretary Kenneth J. Braithwaite, who was sworn in to his post Friday, the same day Gallagher's lawsuit was filed in San Diego federal court.Representatives of the Navy and New York Times could not immediately be reached for comment.Gallagher was acquitted in July of several serious charges related to the alleged slaying of a teenage boy, as well as allegations of firing indiscriminately on civilians from a sniper's nest, which could have had him facing life in prison. However, he was only convicted of posing with the teen's body in a photograph, resulting in a demotion in rank. President Donald Trump, who publicly supported Gallagher throughout the allegations, restored Gallagher's rank in November.According to the lawsuit, "corrupt Navy officials" conspired to defame Gallagher by leaking information to Philipps, who published several articles that Gallagher's attorneys allege presented false information to discredit the former SEAL.The complaint further alleges that Philipps wholly fabricated some allegations against Gallagher, including that Gallagher routinely fired on civilian neighborhoods and tried to run over a Navy Police officer in 2014.The suit alleges information leaked to Philipps included "witness interview summaries and seized text messages" from the criminal investigation and "a complete list of other SEALs that Chief Gallagher had deployed with on prior occasions" so that Philipps could contact them for his stories.Navy officials hoped "negative publicity would help to pressure Chief Gallagher into taking a plea, as well as to influence any potential jury pool," the complaint alleges."Navy officials presented David Philipps with a golden egg," the lawsuit alleges. "They would illegally provide him with certain protected documents, in clear violation of the Privacy Act and court orders, so that Philipps could write a damning portrayal of Chief Gallagher, with reckless disregard for the truth."The suit, which seeks unspecified damages, alleges Gallagher has suffered "significant mental and emotional anguish" through the Navy's "violations of the Privacy Act and unlawful disclosure of Chief Gallagher's private information to David Philipps."The lawsuit is not the first time Gallagher's attorneys have accused Navy officials of misconduct.Gallagher's defense team previously alleged Navy prosecutors used tracking software to spy on the email accounts of the defense and a Navy Times reporter covering the trial.The trial judge, Capt. Aaron Rugh, removed prosecutor Cmdr. Chris Czaplak from the case just before the trial was set to begin, ruling the prosecution sent emails to the defense and the Navy Times reporter that were embedded with code that would track the recipients' email activity.The findings led Rugh to order that Gallagher be released from custody due to violations of his Fourth and Sixth Amendment rights and that his maximum possible sentence of life without parole be reduced to life with the possibility of parole. 3715