Law Office of

Robert E. Young

ROBERT Q. BERGSTROM, ESQ., INC.

ATTORNEY AT LAW
P.O. BOX 5642
OXNARD, CA 93031
(818) 799-7091

180 West Bullard, Suite 102
Clovis, California 93612
E-Mail: Robert-Bergstrom@bergstromlaw.net
Telephone: (559) 299-5365

BY US MAIL AND EMAIL
February 22, 2023

Honorable Jeff Macomber, Secretary
California Department of Corrections & Rehabilitation
1515 "S” Street, Suite 101
Sacramento, California 95611

RE:

INTERNAL AFFAIRS COMPLAINT
CORRECTIONAL OFFICER H. MEDRANO, VALLEY STATE PRISON
PURSUANT TO CALIFORNIA PENAL CODE, SECTION 832.5

Dear Secretary Macomber:
This is a formal Internal Affairs Complaint against a law enforcement officer named
above employed by the California Department of Corrections and Rehabilitation at Valley State
Prison in Chowchilla, California pursuant to California Penal Code, Section 832.5. Further, as it
is statutorily required we request that any sustained finding made by the agency be disclosed to
the public pursuant to California Penal Code, Section 832.7.
The complaint involves Correctional Officer H. Medrano assigned as Third Watch
building staff at Valley State Prison, Facility D, Building D-3. The complaint includes
allegations of serious misconduct involving violations of State law, and the rules, regulations and
policies of the department.
The undersigned California licensed attorneys represent, assist and counsel numerous
inmates at your facility including several in Facility D, Building Three where the following
events occur. We are Officers of the Court and have a duty to report criminal acts, violations of
state regulatory law by Public Peace Officers and to protect our clients and fellow citizens from
harassment, violations of their civil rights and constitutional deprivations. This duty also is the
responsibility of each recipient of this formal complaint. We have no intent to file any civil
action as to these matters.

The Misconduct Alleged Undermines
YOP Mental Health, Programming Goals and Stability.
Governor Newsom and Secretary Macomber have designated Valley State Prison as a test
facility for the Youth Offender Program which is supported by the Executive and Legislative
branches of our state government. The undersigned greatly support the removal of youthful
offenders, 18 to 25 years old, from high security prisons to VSP to prevent their criminalization
and use by prison gangs and ethnic groups as foot soldiers in their illegal, immoral and criminal
acts. The program will give these young men a chance to program and deal with their individual
mental health, character and drug or alcohol abuse needs. We wholeheartedly support the
program as it will result in lowering the 70% recidivism rate in the state.
A review of Valley State Prison records will demonstrate similar abuses of YOP's on
Facility B, Building Two on or about April 13, 2021, where two YOP's on the same morning
went "Man Down" and sought psychiatric crisis care reporting that Building B-2 Officers were
so viciously harassing them that they could no longer function, were stressed out and sought
intervention. Officer Medrano has engaged in the very same conduct in Building D-3.
Interviews with YOP's in the building will substantiate such claims.
Simply put, the retaliation and illegal conduct, acts and outrageous abuse of power
exhibited by the officer undermines the very foundation of the program. It does not teach these
young offenders respect for the law, does not teach them normal social interaction and
compassion they might take back into their communities. It is morally offensive to the very
concept of the program. Such conduct dehumanizes the young men, causes them untold fear and
stress, and leads to reoffending once the men are released back into society as these draconian
forces are released.
Events that Precipitated the Filing of this Complaint.
Officer Medrano developed an abnormal relationship with an inmate confined within
Facility D, Building Three by the name of Paul Hassler [K-25355]. This relationship included
the transfer of the inmate from second watch to his third watch porter crew, extraordinary overfamiliarization, use of him as an informant, access to the restricted Building Podium and Hot
Trash Room and constant interaction with the inmate. The Officer would target inmates that had
conflict with Inmate Hassler. Inmate Hassler was given special treatment including combinations
to locks to two lockers in the education room in the building and access to a third. Mr. Hassler
was allowed to store chemicals, cleaning towels, cleansers, wax, sharpened metal can lids (1020) in his locker in his assigned room. In Officer Medrano's presence and under his direction
dozens of heavy wool blankets were cut up and taped under building trash cans to prevent
scarring of waxed floors. The Officer conducted special "hands-off" searches in Hassler’s
assigned room, targeting of other inmates in the room upon his information the inmate had wine
after Hassler had an unrelated conflict with the inmate that was proven unfounded after three
surprise, destructive and vindictive searches by the Officer. This information can be verified by
interviews with Room 15 inmates assigned at that time. Further, Second Watch Officers that
inventoried Inmate Hassler's property on Sunday, January 30, 2022, can document the extent of
the illegal property held by the inmate.

Inmate Hassler further is a gay inmate who frequently stayed behind during the third
watch evening chow line when the front door to the building was locked and most inmates went
to chow and all room doors were locked. This can be verified by a cursory review of any ten-day
period to his removal on January 30, 2022, in the building’s camera system. The Officer’s
sexuality and relationship with Inmate Hassler was continuously under suspicion due to these
“alone” periods. Inmate Hassler was removed from the building during a time when Officer
Medrano was not working and when he came back from his regular days off he became enraged
and called the Men’s Advisory Council to the podium and told the Building’s representative
arrogantly and venomously that because “someone” had filed a 602 on him for not following the
rules and not opening the doors on all scheduled times pursuant to the Daily Activity Schedule
that he was going to go through the building and enforce every rule and write up every possible
infraction. Such expressed purpose of harassing the inmate population violates decisional law,
Title 15, C.C.R., Sections 3004 and 3481, subdivision (d). It was in direct retaliation for an
inmate filing a grievance against the Officer.
Investigation is required to determine if this retribution was due to the removal of Inmate
Hassler, and/or, in fact, due to an alleged Inmate Grievance [CDCR Form 602] filed naming the
Officer. One known point of conflict with the Officer was refusing to abide by the same policy
"Daily Activity Schedule" ["DAS"] requiring inline and outlines especially for Kitchen Workers
who were released back to the buildings at 9:00 a.m. each morning. The Officer would make
them wait until the 10:00 a.m. unlock before allowing them to enter, return to their rooms and
shower. Complaints by the Workers were made to 2/W Yard Sergeant Reed who investigated the
matter and twice ordered Officer Medrano to follow the procedure when he worked Second
Watch overtime.
On Monday, February 7, 2022, Officer Medrano terrorized the building, seizing inmate
property without receipts, repeatedly threatened and filed numerous Rule Violation Reports,
"trashed" rooms and harassed the inmate population assigned to Building D-3. Such conduct by a
law enforcement employee of the department "openly display[s] disrespect or contempt for
others in [a] manner intended to or reasonably likely to disrupt orderly operations with the
institution or to incite or provoke violence." (C.C.R., Title 15, § 3004(b).)
Recently, in January of 2023, inmate Hassler [K-25355] was returned to Officer’s
Medrano housing unit on Facility D, building 3. Immediately thereafter he was given a choice
voluntary assignment as the wheelchair pusher for the third watch housing unit on the request of
Officer Medrano. It is quite obvious therefrom that said inmate is receiving specialized treatment
and it is also quite possible that negligent and/or criminal activity may be occurring between
Officer Medrano and inmate Hassler.
The following specific acts are submitted for review:
l. Violation of Penal Code § 140
It is a high misdemeanor punishable by one year in the county jail or two, three or four
years in the state prison for any law enforcement official to threaten witnesses, victims or
informants. "[E]very person who willfully ... threatens ... to take, damage, or destroy any

property of any witness, victim, or any other person, because the witness, victim, or other person
has provided any assistance or information to a law enforcement officer, …" (Penal Code,
Section 140, subd. (a).) The Officer threats, actions and harassment were intended to dissuades
further complaints against him for violations of criminal statutes, regulations of the department
and to cause the inmates in the building to seek out and assault, harass or otherwise make life
miserable for the inmate filing the complaint -- an all too common technique used by CDCR
Officers.
2. Focusing on YOP Inmates
The Inmates in Building D-3 report that Officer Medrano focuses on YOP inmates and
targets them far too repetitively with abusive cell searches, telling their roommates that it is due
to their conduct that they are being hit to cause the roommates to assault, harass or otherwise
terrorize the young offenders. (YOP’s.) In one instance, the targeting of a Youth Offender caused
him severe psychological stress, loss of program, possible retaliatory transfer to more dangerous
Level III prison, due in part, to the inmate being openly bi-sexual and showing affection to other
men not amounting to a rule violation. It is recommended that a one-on-one investigation be
conducted of all YOP inmates in Building D-3 by non-threatening Internal Affairs staff
member’s without the knowledge of the Officer to prevent further harassment and to insure an
open and frank disclosure of the Officer’s misconduct and harassment.
3. Preparing False Documentary Evidence [P.C. § 134]
It is a felony in the State of California for "[e]very person guilty of preparing any false or
ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to
produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true,
upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of a felony." A
CDCR Rules Violation Report and the due process hearing that follows under California Code of
Regulations, Title 15, Sections 3312-3315, is an inquiry authorized by law.
On December 30, 2021, an inmate in Room 20, targeted and identified by Inmate Hassler
as a person with whom he was in conflict was charged with possession of an inmate tattoo gun.
The inmate did not deny possession and said he simply forgot he had it. The search was
ostensibly on a building wide basis for "wine" prior to the New Year. Two unknown Officers,
easily identified by the Buildings floor cameras on “C” Range were requested by Officer
Medrano prior to entering Room 20 to target the inmate and his bed location and while
ostensibly searching for wine went through his locker, envelopes and papers and found the tattoo
gun which is about 2 inches in size. They then exited Room 20 together with the device in their
hand and called Officer Medrano to see what they found which again, was displayed in direct
line of sight of the “C” Range security camera. The Officers, it is believed, declined to write up
the violation and Officer Medrano filed a false report claiming that he had searched the room
himself and found the contraband and prepared a separate cell search document falsifying "his"
search. Such constitutes a separate and distinct falsification of government documents.

4. The Undocumented Seizure of Property and Theft [P.C. § 484]
In or around December 2021, a repetitive search was conducted on inmates in Room 5 of
the building. Approximately, five hundred dollars in canteen was seized and taken by Officer
Medrano. When the inmates objected to the seizure and requested the return of the property they
were told that they would then receive Rule Violation Reports which dissuaded them from
pursuing the matter further. At least eight 16 ounce jars of Folgers Coffee were then converted to
the Officers' own use, placed in the D Facility Staff lounge, while seized fans were placed in the
building's podium office area. The whereabouts of the hundreds of dollars in snacks and food
products that were seized is unknown.
It must be noted that the Officer conducts daily room searches where he seizes hundreds,
if not, thousands of dollars in inmate property each month claiming some basis for the seizure,
not documenting the seizure or justifying it on some pretext and threatening the inmates to stay
silent and not file an Inmate Grievance [CDCR Form 602] to challenge the Officer's actions.
Further, these searches are targeted against inmates for such misconduct as getting back
late from yard recall, disagreeing with the Officers, bothering them while they are watching
television in the office, scuffing Officer Medrano's polished floor and other various acts; such
targeting greatly stresses not only the YOP inmates but all inmates in the building. These
searches often cause great danger to the inmate when his roommates lose a two-hundred-dollar
tablet, television or other electronic device to the searches and blame the inmate often trying to
get the so called "offending" inmate to pay for their loss. The Officer not only knows this, but
has set it up as a practice and unlawful "punishment" for perceived wrongs by the inmate.
5. Falsification of Institution Count Documentation.
Again, in violation of California Penal Code, Section 134 and in violation of the strict
security procedures of the department, Officer Medrano violates policy by conducting the 4:30
p.m. evening count by counting the building by himself then falsifying state documents and
"count slips" claiming that both assigned Officers had witnessed and attested to a correct count
of the building which is a serious breach of security. Please review the Building D-3 Security
Cameras during the 4:30 p.m. Counts on February 4, 2022, January 4, 2022, December 30, 2021,
and December 8, 2021 at 4:30 and 9:30 p.m. Counts.
6. Unconscionable Retaliation for Filing Grievance.
A decision was made to not pursue the aforementioned allegations against Officer
Medrano dating from earlier in 2021 and 2022, but recent events has necessitated that we go
forward with this formal complaint. Our drafted February 8, 2022, Complaint was set aside until
Officer’s recent misconduct.
In the heat of summer 2022, Correctional Officer Medrano refused to comply with his
Post Orders, the Daily Activity Schedule and the Department’s policies and procedures by
refusing to allow D-3 Building inmates to enter the building for fresh chilled water when the
outside temperatures exceeded 100 degrees where Warden Landon Bird has directed staff to

maintain chilled water and access every half hour to prevent heat exhaustion. When inmates
began filing CDCR 602 Inmate Grievances against the Officer he began a cleaver plan of
transferring the inmates to a different yard and building in one case informing Second Watch
Officer D. Spencer that the inmate [BRIAN OWENS AC6761] had requested to be moved out of
the building and for Spencer to make the bed move. When C.O. Spencer checked with the inmate
he learned it was a lie and that the inmate had filed a 602 Grievance [Log No. 00000309338]
alleging staff misconduct for continuing to deny access to the building during the required half
hour unlocks and that due to other inmate’s 602 Grievances resulting in their removal from the
building Owens filed a second 602 Grievance [0000321981] reporting the retaliation, requesting
that Officer Medrano be stopped from further retaliatory transfers.
The inmates who filed CDCR 602 Inmate Grievance against Officer Medrano for
refusing entry to the building during the hot summer months and fall include:
NAME

CDCR NO.

LOG #

BRIAN OWENS

AC6761

000321981

JOHN LOZANO

AW2831

003309331

ANTHONY ALVAREZ

BG8663

ALBERTO MEDINA

BH4977

000323937

Medina’s 602 Grievance involved a Rules Violation Report wherein the Officer made a
false and malicious report that was witnessed by Inmate RONALD HAWKINGS T18246
wherein he filed a 602 Grievance as to the conduct of Officer Medrano that day in Log No.
000309334. When Inmate HAWKINGS, LOZANO and OWENS were called as a witness to the
alleged violation the Senior Hearing Officer refused to allow them to appear and expressly
refused Inmate MEDINA’S defense and demand that the audio video tape of the incident be
reviewed to substantiate the falsity of the Officer’s complaint.
Due to this unconscionable retaliation and harassment, each of the inmates including
Medina were given retaliatory transfers by Officer Medrano. Such forced moves had a chilling
effect on D-3 inmates, some of whom were assigned to D Facility Program. These men had a
legitimate basis for remaining on that facility. In some cases, that men lost significant rights to
Self-Help Programs’ credit and suffered reduction in ISU/DT programs goals and long term jobs.
As a result, will serve longer sentences due to their inability to complete the programs.
Inmate Medina’s RVR 602 Grievance has been classified as a Staff Complaint along with
Inmate Hawkin’s [T18246 – Log No. 000309334] grievance involving the same incident. No
decision as to the Medrano Staff Complaints have been announced.
Inmate OWENS [AC6761 – Log No. 309338 & 321981] has expressly abandoned filing
Grievances stating the Officer’s harassment and retaliation has chilled his right to file especially
in light of the cover-up he experienced in receiving the VSP Office of Grievance Decision of

12/14/22 and VSP’s failure to address it as a Staff Complaint or to even investigate the
allegations.
In summary
This State through its elected Governor Gavin Newsom has instituted with huge
expenditures a program to bring the "Norway" Prison Concept to California prisons which is
slated to begin at Valley State Prison. It is well known, that the biggest impediment to the
program will be the CCPOA, Green Wall and line Officers objecting to the program. Expansion
and use of body cameras recording audio and video will greatly enhance the viability of the
program and will reduce such abuses as outlined herein. It is important to put line officers on
notice that such abusive behavior will no longer be tolerated by the department and the People of
the State of California.
The inmates who have been forcibly removed from facility D, building 3 by Officer
Medrano and his retaliatory actions are formally requesting consideration to be returned to the
building in the event Officer Medrano is removed from that post. Each inmate should be
interviewed independently by Internal Affairs and be given the option to return to the building at
the administration discretion and as the Institutional Security permits.
It is for these reasons, the undersigned respectfully request a full and impartial
investigation of these matters, that the inmates be interviewed confidentially without any
intimidation or threats of harassment and that no effort be made to move, transfer, target or
otherwise harm the program of the inmates supporting this Complaint or responding to any
inquiries.
Please feel free to contact Attorney Robert Q. Bergstrom at (559) 299-5366 for
assistance, questions or concerns and to advise us of your progress.

Very truly yours,

Robert E. Young

Robert Q. Bergstrom

ROBERT E. YOUNG
ATTORNEY AT LAW [CSBN 54863]

ROBERT Q. BERGSTROM
ATTORNEY AT LAW [CSBN 46533]

cc:
Honorable Gavin Newsom, Governor
State of California
1021 "O" Street, Suite 9000
Sacramento, California 95814
Phone: (916) 445-2841
Fax: (916) 558-3160
Ms. Connie Gipson, Director
Division of Adult Institutions
California Department of Corrections & Rehabilitation
1515 "S” Street, Suite 101n
Sacramento, California 95811
Mr. Brantley Choate, Director
Division of Rehabilitative Programs
California Department of Corrections & Rehabilitation
1515 "S” Street, Suite 101n
Sacramento, California 95811
Mr. Ron Davis, Acting Deputy Director
Facility Operations - Division of Adult Institutions
California Department of Corrections & Rehabilitation
1515 "S” Street, Suite 101n
Sacramento, California 95811
Mr. Jared Lozano, Deputy Director
Facility Support - Division of Adult Institutions
California Department of Corrections & Rehabilitation
1515 "S” Street, Suite 101n
Sacramento, California 95811
Mr. David Chriss, Deputy Director
Internal Affairs
Division of Correctional Policy Research and Internal Oversight
California Department of Corrections & Rehabilitation
1515 "S” Street, Suite 101n
Sacramento, California 95811
Mr. Amarik K. Singh, Inspector General
Office of Inspector General
State of California
10111 Old Placerville Road, Suite 110
Sacramento, California 95827
Phone: (916) 555-0001

cc:
Mr. J. John McFadyen, Chief [Administrative Operations]
Office of Internal Affairs
Division of Correctional Policy Research and Internal Oversight
California Department of Corrections & Rehabilitation
1515 "S" Street, Suite 101n
Sacramento, California 95811
Mr. Kirk Stinson, Chief [Field Operations]
Office of Internal Affairs
Division of Correctional Policy Research and Internal Oversight
California Department of Corrections & Rehabilitation
1515 "S” Street, Suite 101n
Sacramento, California 95811
Mr. Matthew McVay, Warden
Valley State Prison
California Department of Corrections and Rehabilitation
Post Office Box 99
21633 Avenue 24
Chowchilla, California 93610- 0099
Phone: (559) 665-6100
Ms. Elizabeth Alva, Director
Youth Offender Program
Valley State Prison
California Department of Corrections & Rehabilitation
21633 Avenue 24
Chowchilla, California 93610
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