County Wins Legal Fight With City Over Jail : Courts: Judge finds that Sheriff Gates never housed maximum-security prisoners at Theo Lacy. Decision may clear way for further expansion there. Orange mayor says city is ‘outraged.’

In a ruling seen as total victory for Orange County, and which may clear the way for further expansion of the Theo Lacy Branch Jail, a judge found that Sheriff Brad Gates never housed maximum-security inmates there.

A lawsuit brought by the city of Orange alleged that the sheriff had secretly housed dangerous inmates at the branch jail in Orange, a violation of earlier agreements between the county and city.

The seven-page decision circulated Thursday by Los Angeles Superior Court Judge Norman R. Dowds rejected every major claim made by the city of Orange.

Among the most important of his findings, Dowds ruled that the county had not breached agreements key to the expansion of the branch jail from 830 beds to 1,326, scheduled for completion later this month.

County Counsel Terry C. Andrus said the judge’s decision also would not preclude further expansion of Theo Lacy and the placement of maximum-security prisoners there, as long as a new environmental analysis was commissioned to address those changes.

Plagued by severe jail overcrowding, the county is already studying plans to increase capacity at Theo Lacy to 2,200 and to house high-risk inmates there.

“We were reasonably confident of our position from the beginning,” Andrus said. “This (decision) validates our legal position on all scores. We are extremely pleased.”

Orange Mayor Gene Beyer said the city was “outraged” by the judge’s decision, while attorney Geoffrey K. Willis said the ruling amounted to “horrible public policy.” Willis said he has recommended that the city appeal immediately, adding that he believes city officials will continue to fight any further expansion.

“What’s frustrating for me is that we had apparently lost before we even began” the trial, Willis said. “Basically, what the judge is saying is that the sheriff is above the law.”

Specifically, Willis cited a portion of the ruling in which Dowds found that on two occasions Gates changed the inmate screening process at the main County Jail to allow a more dangerous type of medium- or minimum-security prisoner to be housed at Theo Lacy.

Willis had argued that the screening changes had violated a “promise” the sheriff had made to city officials.

While acknowledging that Gates had communicated with the city about what types of prisoners would be housed there, Dowds ruled that the sheriff had no authority to make contracts with the city, and said he did not believe that county officials or the sheriff had made promises to city officials.

Willis said that after reviewing “this decision, I have to vehemently disagree with the judge’s findings.”

Councilwoman Joanne Coontz said the decision would almost certainly make further expansion of the jail easier for the county.

“This leaves the question about the future safety of our neighborhoods wide open,” Coontz said. “We are very discouraged.”

Said Beyer: “The court found that although the sheriff promised city officials that he would not change the type of inmates housed at Theo Lacy, the law does not allow Sheriff Gates to be bound by that promise.”

Gates, who was called to testify during the three-week trial, said the county would continue studies on future expansion in Orange.

“I’m happy that this lawsuit is behind us,” Gates said. “It’s just been a tremendous drain on county resources.”

In interviews following his testimony two weeks ago, Gates acknowledged that changes were made in the screening process to allow more flexibility in the movement of higher-risk prisoners. But the sheriff has always maintained that no maximum-security prisoners were ever transferred to Theo Lacy.

County Supervisor Harriett M. Wieder estimated that the county spent $1 million on the case. City officials could not estimate how much they spent.