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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 man accused of intentionally driving a pickup truck off Sunset Cliffs and into the ocean with his twin toddler daughters inside is slated to be arraigned Monday.Robert Brians, 47, is charged with 13 counts, including attempted murder, kidnapping, child abuse, child abduction, criminal threats and burglary for allegedly driving into the water on the morning of June 13 with his 2-year- old daughters inside the truck. The girls were hospitalized in stable condition, according to a GoFundMe page created to raise money for their medical bills.Brians, 47, is being held without bail pending his Monday afternoon arraignment via video conference at the San Diego Central Courthouse.About 4:30 a.m. June 13, the toddlers' mother called 911 to report that Brians had taken their children without permission and allegedly contacted her via "numerous calls and texts ... clearly stating she may not see (them) again," according to the GoFundMe.com page created Sunday.RELATED COVERAGE:Fundraiser to help toddlers involved in Sunset Cliffs crashOfficer rescues toddlers after father drives off Sunset CliffsPolice: Man drives off Sunset Cliffs with twin daughters in truckHe allegedly threatened to drive the vehicle off the Coronado Bay Bridge, but was later spotted by officers on Hill Street near Cornish Drive and sped off, careening over the side of a cliff and landing upside down in the water, according to police.Moments later, a canine officer also responding to the emergency, 22- year SDPD veteran Jonathan Wiese, arrived in the area. Reaching the scene of the crash and seeing Brians' pickup upside down in the water, Wiese grabbed a long leash he uses for his service dog, wrapped it around his chest, gave the other end to fellow officers and rappelled down the precipice.Wiese then swam out to the foundering truck and rescued the children and Brians. Medics took all three to hospitals for treatment of injuries that were not considered life-threatening. 1993

SAN DIEGO (CNS) - A man who was a 17-year-old gang member when he killed a San Diego police officer in 1978 has been granted parole, but District Attorney Summer Stephan said today that she is hopeful Gov. Gavin Newsom will reverse the decision. Jesus Cecena, 59, was convicted of killing Officer Archie Buggs, 30, who was shot four times after he stopped a car driven by Cecena in the Skyline neighborhood.Cecena fired five times at Buggs, then paused, walked toward the fallen officer and fired a final bullet into his head at point-blank range. The officer died in the street, his hand still on his service revolver.Cecena was granted parole Wednesday during a video-conferenced hearing at Valley State Prison in Chowchilla. He was previously granted parole in 2014, 2015 and 2017, but each time the decisions were reversed.Cecena's latest parole hearing -- his 18th -- included a discussion of his criminal record, psychiatric factors, parole plans, and statements by representatives of the victim's family.``We are deeply disappointed that the killer of one of San Diego's finest officers was granted parole,'' Stephan said. ``This crime impacted the entire San Diego community and caused great pain for the family of Officer Archie Buggs.`` This fallen officer was so respected by the law enforcement community that a substation was named after him,'' she said. ``We are hopeful that Governor Newsom will review this parole grant and reverse it once again to keep this killer incarcerated.''In 1979, Cecena was sentenced to life in prison without the possibility of parole, but the sentence was reduced to a seven-year-to-life term in 1982 due to him being underage at the time of the shooting. 1708

SAN DIEGO (CNS) - California State University police chiefs Friday banned the use of the carotid restraint and pledged to implement policing recommendations offered by a 2015 federal task force on the CSU's 23 campuses, which include San Diego State and Cal State San Marcos."As police chiefs of the California State University's 23 campus police departments, we have been galvanized by the many voices across our state and nation demanding accountability, equity and justice," the chiefs said in a joint statement. "We have seen the tragic impact of racism and bigotry, and many in our departments have experienced it personally. We are unitedly determined to take action."CSU Chancellor Timothy White and every CSU campus president supports the pledge to adopt recommendations of The President's Task Force on 21st Century Policing, reported to then-President Barack Obama in May 2015, according to the chiefs."We are determined to lead by example, joining a growing number of American cities that have committed -- collectively and collaboratively -- to address police use-of-force policies," the statement continued. "To that end, and effective immediately, we are prohibiting the use of the carotid control hold by all CSU police officers. Additionally, no CSU police officer will receive or participate in trainings that teach the carotid control hold."The task force's recommendations are organized around six pillars: Building Trust and Legitimacy, Policy and Oversight, Technology and Social Media, Officer Wellness and Safety, Community Policing and Crime Reduction, and Training and Education.The chiefs also committed to looking for ways to incorporate those concepts into the training and certification provided by the California Commission on Peace Officer Standards and Training. All CSU police officers are sworn and certified by CA POST, and receive further training in de-escalating situations that might be caused by mental health or controlled substance issues.The announcement comes as student activists across the country call on administrators to disband campus police departments and cut ties with local police. 2143

SAN DIEGO (CNS) - A San Diego woman who falsely claimed to have two employees on the payroll of her marketing company in order to obtain a CARES Act loan pleaded guilty to federal fraud charges, the U.S. Attorney's Office said Wednesday.Nikole L. Edwards, 40, the founder of Social Savvy Marketing, admitted to submitting fake tax records and payroll information to receive a loan through the Paycheck Protection Program.The U.S. Attorney's Office said that in April and May, she applied for "tens of thousands of dollars of PPP loans" with three financial institutions, claiming in applications that Social Savvy Marketing had two employees who earned annual salaries of ,000 and ,000, when the company actually had no employees.Edwards provided fake addresses, Social Security numbers and W-2 forms for the nonexistent employees, according to prosecutors, who said that upon being rejected for a loan, she claimed, "This is a lifeline for my employees and my business and we won't survive without it."She was able to obtain a ,583 PPP loan, but will have to repay the entire amount as part of the plea agreement.Edwards entered her plea Tuesday in San Diego federal court and is slated to be sentenced Nov. 18. The charge of making false statements to the Small Business Administration carries a maximum penalty of two years imprisonment and a ,000 fine, according to the U.S. Attorney's Office."The PPP is designed to help struggling businesses meet legitimate payroll obligations, not to enrich sole proprietors engaging in outright fraud," said U.S. Attorney Robert Brewer. "We are working diligently with our law enforcement partners to investigate and prosecute those who abuse this critical lifeline for the nation's businesses, workers and economy." 1777

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