Case: Thomas v. Baca

2:04-cv-08448 | U.S. District Court for the Central District of California

Filed Date: Oct. 12, 2004

Closed Date: Nov. 2, 2017

Clearinghouse coding complete

Case Summary

In October 2004, two former prisoners of the Los Angeles County Jail filed a class action lawsuit in the U.S. District Court for the Central District of California under 42 U.S.C. § 1983 against the California Department of Corrections and Los Angeles County. The plaintiffs claimed that they had been forced to sleep on the floor of their cells during their detentions. They claimed that this violated their constitutional rights by subjecting them to cruel and unusual punishment in violation of…

In October 2004, two former prisoners of the Los Angeles County Jail filed a class action lawsuit in the U.S. District Court for the Central District of California under 42 U.S.C. § 1983 against the California Department of Corrections and Los Angeles County. The plaintiffs claimed that they had been forced to sleep on the floor of their cells during their detentions. They claimed that this violated their constitutional rights by subjecting them to cruel and unusual punishment in violation of the Eighth Amendment. In addition, one of the named plaintniffs claimed that his rights were violated when he was over-detained for two days following his ordered release date.

The defendants asked the district court to dismiss the complaint, alleging that the plaintiffs had not exhausted their administrative remedies, as required by the Prison Litigation Reform Act (PLRA), codified at 42 U.S.C. § 1997e(a). On March 23, 2005, the district court (Judge Dean D. Pregerson) denied the motion to dismiss, finding that the plaintiffs were not covered under the PLRA exhaustion provision because it only applied to "prisoners," while the plaintiffs in this case were former prisoners, not current prisoners. Thomas v. Baca, No. 04-8448, 2005 WL 697986 (C.D. Cal. Mar. 23, 2005).

The plaintiffs asked the District Court to certify plaintiff classes, and on April 7, 2005, Judge Pregerson initially denied the motion without prejudice, finding that the plaintiffs had erred by failing to send notice of the motion to all parties being sued. Thomas v. Baca, No. 04-8448, 2005 WL 820265 (C.D. Cal. Apr. 7, 2005).

The six Los Angeles County Supervisors who were being sued in this lawsuit asked the District Court to dismiss them as defendants, and on May 2, 2005, Judge Pregerson held that the plaintiffs could not sue these defendants for inadequately funding the jails because the funding decisions made by these defendants were protected by absolute legislative immunity. The Court then agreed to dismiss a former supervisor (who had not worked as a county supervisor since 1996) as a defendant, but otherwise denied the motion to dismiss. Thomas v. Baca, No. 04-8448, 2005 WL 1030247 (C.D. Cal. May 2, 2005).

On May 17, 2005, Judge Pregerson certified a plaintiff class of "individuals who, while in LASD custody, were required to sleep on the floor of a LASD facility with or without bedding." Thomas v. Baca, 231 F.R.D. 397 (C.D. Cal. 2005). The Court ordered the defendants to keep records of every time an inmate was required to sleep on the floor. In October 2005, those reports ceased and the Sheriff asserted that all floor-sleeping in the jail had ceased.

The plaintiff's counsel claimed that between October 2005 and October 2006, he received hundreds of communications from detainees asserting that they had slept on the floor in the jail after all floor-sleeping had supposedly stopped. The defendants maintained that no inmates had slept on the floor unreported, and they agreed to investigate the matter further to ensure that this was the case. On November 1, 2006, before the defendants could fully investigate, plaintiffs filed a RICO complaint claiming that the Sheriff had engaged in a ruse to avoid reporting floor sleeping by causing the floor sleeping to occur not in the residential portion of the jail, but rather in the Inmate Reception Center (IRC), which is the central processing facility for inmates at the jail. This new complaint alleges that the defendants benefitted monetarily from "a pattern of racketeering activity of the LASD" and that these racketeering activities "included a continuous pattern and practice involving...attempted murder, murder, assaultive conduct, kidnapping, extortion, fraud, mail fraud, deceit, dealing in controlled substances, and obstruction of justice in federal proceedings." The complaint also threatened to name the defense counsel as defendants if they uncovered any evidence that the defense counsel had participated in any of the misconduct alleged in the complaint.

In response to this new complaint, defendant Sheriff Leroy Baca and his counsel asked the District Court to dismiss the complaint for failure to state a claim and for sanctions against the plaintiff's counsel for bad faith misconduct directed at opposing counsel. On February 28, 2007, Judge Pregerson granted the motion to dismiss the complaint and ordered plaintiffs' counsel to pay $5000 in sanctions for recklessly escalating a discovery dispute into a separate RICO lawsuit in which he associated named defense counsel and their firm with egregious criminal conduct. The Court found this conduct to be frivolous and improper, with the sole purpose of harassing and bullying his opponents. Thomas v. Baca, No. 06-6981, 2007 WL 738545 (C.D. Cal. Feb. 28, 2007).

The plaintiff class then asked the court for summary judgment on three claims: 1) that there was a custom in the LA County Jail system of requiring inmates to sleep overnight on the floor because there were insufficient available bunks, 2) that the custom was unconstitutional, and 3) that Sheriff Baca was legally responsible for that custom. Sheriff Baca argued in return that he was entitled to summary judgment because 1) the conditions of confinement did not give rise to a constitutional violation, and 2) he was entitled to qualified immunity in his individual capacity.

On September 21, 2007, Judge Pregerson found that Sheriff Baca was entitled to qualified immunity and granted him summary judgment on that issue in his individual capacity. However, the Court also found that there was a custom in the LA County Jails of requiring inmates to sleep on the floor, and that this violated their constitutional rights, even if they were allowed a mattress. Specifically, the Court stated that "prisons may not deprive [inmates] of a basic place to sleep - a bed; for, like wearing clothing, sleeping in a bed identifies our common humanity....quite simply, that a custom of leaving inmates nowhere to sleep but the floor constitutes cruel and unusual punishment is nothing short of self-evident." Thomas v. Baca, 518 F. Supp.2d 1201 (C.D. Cal. 2007).

On January 8, 2008, the Court granted the defendant's application for certification of an interlocutory appeal of the 9/21/07 order.

On December 27, 2007, the Court allowed the ACLU of Southern California (ACLU) to enter the case as an interested party. On June 8, 2008, the plaintiff's counsel agreed to include the ACLU counsel as co-counsel to represent the class interests. On April 23, 2009, the Court granted the ACLU's motion to withdraw as counsel except as to appellate matters.

From May 2009 to March 2011, the parties held a series of settlement conferences that were ultimately unsuccessful. On March 22, 2012, the Court decertified the damages class, citing concerns over identification and notification of class members, the individualized questions of proof as to damages, and the viability of distributing any damage award excess.

On May 30, 2012, the Court accepted the parties' stipulation that the case be continued pending the plaintiff's petition for permission to appeal the class decertification order. On June 15, 2012, the Ninth Circuit granted the plaintiff's urgent motion to expedite their petition, then the Ninth Circuit denied a rehearing en banc on September 10, 2012.

A jury trial was held from June 24-26, 2014. The jury returned a verdict for the plaintiffs on June 26, and Judge Pregerson granted judgment on the verdict. The jury awarded each plaintiff $10,000 in damages. Plaintiffs moved for costs and attorneys' fees on July 7, 2014. The court granted the motion on December 19, 2014, and awarded $384,275 in attorneys' fees and $45,994.99 in costs to plaintiffs. Defendant appealed the judgment to the Ninth Circuit on July 22, 2014. Plaintiffs also appealed, challenging, among other things, the district court's decertification of the class, the amount of costs and attorneys' fees, and the court's grant of qualified immunity to Sheriff Baca.

The district court entered its final judgment on February 10, 2015, and denied all motions that remained before the court. The Ninth Circuit affirmed the district's court's decision on July 19, 2017. The case is now closed.

Summary Authors

Timothy Shoffner (8/2/2012)

Elizabeth Heise (11/18/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5839993/parties/s-a-thomas-v-county-of-los-angeles/


Judge(s)

Hillman, Stephen J. (California)

Pregerson, Dean D. (California)

Attorneys(s) for Plaintiff

Beach, Paul B (California)

Bird, Melinda R. (California)

Blecher, Maxwell M (California)

Chemerinsky, Erwin (North Carolina)

DeBlaise, Patrick A (California)

Reichmann, Joseph (California)

Rosenbaum, Mark Dale (California)

Sherman, Victor (California)

Judge(s)

Hillman, Stephen J. (California)

Pregerson, Dean D. (California)

Attorneys(s) for Plaintiff

Beach, Paul B (California)

Bird, Melinda R. (California)

Blecher, Maxwell M (California)

Chemerinsky, Erwin (North Carolina)

DeBlaise, Patrick A (California)

Reichmann, Joseph (California)

Rosenbaum, Mark Dale (California)

Sherman, Victor (California)

Yagman, Marion R. (California)

Attorneys(s) for Defendant

Allen, Michael D. (California)

Baum, Andrew (California)

Clark, Justin W. (California)

Hong, Jennifer Rose (California)

Lawrence, David D. (California)

Lee, Daniel (California)

Maoz, David Steven (California)

Miller, Louis R. (California)

Oyster, Nathan A (California)

Sullivan, Bryan M (California)

Expert/Monitor/Master

Litt, Barrett S. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Thomas v. County of Los Angeles

Nov. 2, 2017 Docket
35

Order

2005 WL 293022, 2005 U.S.Dist.LEXIS 4780

Feb. 4, 2005 Order/Opinion
55

Order Denying Motion to Dismiss the Case

2005 WL 697986, 2006 U.S.Dist.LEXIS 36471

March 23, 2005 Order/Opinion
71

Order Denying Without Prejudice Motion for Class Certification and Amended Motion for Class Certification

2005 WL 820265

April 7, 2005 Order/Opinion
88

Order Granting in Part and Denying in Part Motion to Dismiss Case, Granting in Part and Denying in Part Motion for Summary Judgment

2005 WL 1030247, 2005 U.S.Dist.LEXIS 35678

May 2, 2005 Order/Opinion
98

Order Granting Motion for Class Certification and Granting Motion for an Order to Permit Identification of Class Members

231 F.R.D. 397

May 17, 2005 Order/Opinion
163

Minutes from Proceedings in Chambers

2005 WL 1895457

July 20, 2005 Transcript
268

Order Denying Plaintiffs' Motion for Class Notification

2005 WL 3497819, 2005 U.S.Dist.LEXIS 39956

Dec. 20, 2005 Order/Opinion
282

Order Granting Defendant's Motion for Judgment on the Pleadings

2006 WL 132078, 2006 U.S.Dist.LEXIS 3397

Jan. 13, 2006 Order/Opinion
385

Minutes from Proceedings in Chambers

2006 WL 1360989

May 11, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5839993/s-a-thomas-v-county-of-los-angeles/

Last updated May 20, 2022, 1:32 a.m.

ECF Number Description Date Link

LODGED COMPLAINT fwd to Duty Magistrate Judge: JTL, filed by plaintiff S A Thomas. (jp, ) (Entered: 10/18/2004)

Oct. 12, 2004
870

ORDER Decertifying Damage Class 825 , 841 , 842 by Judge Dean D. Pregerson. For the reasons stated above, Defendants Motion to Decertify Damages Class is GRANTED. (See Order for Details). (sch)

March 22, 2012 RECAP
1

REQUEST to Proceed In Forma Pauperis, Declaration in Support filed by plaintiff S A Thomas. (rrey, ) (Entered: 10/26/2004)

Oct. 12, 2004
1000

ORDER by Judge Dean D. Pregerson: denying 970 Plaintiffs Ex Parte Application to substitute Dwain Gipson for his deceased brother,Plaintiff Eric L. Gipson. (lc). Modified on 6/20/2014. (lc).

June 20, 2014 RECAP
1038

JUDGMENT ON VERDICT FOR PLAINTIFF: This action having been tried before the Court sitting with a jury, the Honorable Dean D. Pregerson, District Judge, presiding; the issues having been duly tried and the jury having duly rendered its verdict. Related to: Jury Verdict 1030 (MD JS-6, Case Terminated). (lc)

June 26, 2014 RECAP
2

ORDER by Judge Jennifer T. Lum : granting 1 Request for Leave to Proceed In Forma Pauperis (rrey, ) (Entered: 10/26/2004)

Oct. 13, 2004

20 Day Summons Issued re Complaint − (Discovery) 3 as to Michael Antonovich, Leroy Baca, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina, Zev Yaroslavsky. (rrey, ) (Entered: 10/26/2004)

Oct. 13, 2004
1098

ORDER RE ATTORNEY FEES 1047 by Judge Dean D. Pregerson: Plaintiffs Motion for Attorney Fees is GRANTED, in part. The court awards 100 attorney hours at the current rate, or $75,000, for counsels efforts regarding Plaintiffs related, but ulti mately unsuccessful class action claims. The court finds that Marion Yagman reasonably expended 166.5 hours on this case at a reasonable rate of $750 per hour, and awards $124,875.00. The court finds that Stephen Yagman reasonably expended 100 hours on this case as an attorney and 100 hours as a paralegal. Applying respective rates of $750 per hour and $125 per hour to that work, the court awards $87,500. The court awards $11,400 for Mr. Bostwicks efforts and $ 10,875.00 for Mr. Chemerinskys efforts. As compensation for counsels efforts in bringing about the termination of Defendants impermissible floor sleeping practices, the court awards Plaintiffs a further $75,000, for a total of $384,275. Plaintiffs separate motion for out of pocket costs will be addressed by separate order of this court. (lc). Modified on 12/19/2014. (lc).

Dec. 19, 2014 RECAP
1101

ORDER RE: OUT OF POCKET COSTS 1046 by Judge Dean D. Pregerson: Plaintiffs motion is GRANTED, in part. The court reduces the award of out-of-pocket litigation costs to $45,994.99. (lc). Modified on 2/10/2015. (lc).

Feb. 9, 2015 RECAP
4

STATEMENT of Interested Parties filed by Plaintiff S A Thomas. (rrey, ) (Entered: 10/26/2004)

Oct. 13, 2004
1102

JUDGMENT by Judge Dean D. Pregerson:Final judgment is entered against the County of Los Angeles and in favor of (1) Steven A. Thomas and (2) Denisha Gipson, as successor in interest to Eric Gipson. Plaintiffs Thomas and Gipson shall recover from the defendant County of Los Angeles the amount of $10,000.00each, attorneys fees in the sum of $384,275, out-of- pocket costs in the sum of $45,994.99, and costs. 3. All motions pending before the court are DENIED. (lc). Modified on 2/10/2015. (lc).

Feb. 10, 2015 RECAP

Judge John F. Walter and Margaret A. Nagle added. Judge Unassigned no longer assigned to case. (rrey, ) (Entered: 10/26/2004)

Oct. 13, 2004
5

NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) (Entered: 10/26/2004)

Oct. 20, 2004
6

NOTICE of Related Case(s) filed by Plaintiff S A Thomas. Related Case(s): CV 00−13002 DDP, CV 01−1866 DDP, CV 01−2069 DDP (rn, ) (Entered: 10/28/2004)

Oct. 27, 2004

PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 98−4111 DDP (SHx). (rn, ) (Entered: 11/03/2004)

Nov. 3, 2004
7

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 −Related Case− filed. Related Case No: CV 98−4111 DDP (SHx). Case transfered from Judge Margaret A. Nagle and John F. Walter to Judge Dean D. Pregerson and Stephen J. Hillman for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 04−8448 DDP (SHx).(rn, ) (Entered: 11/15/2004)

Nov. 15, 2004
8

FIRST AMENDED COMPLAINT against defendants Michael Antonovich, Leroy Baca, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina, Ten Unknown Named Defendants, Zev Yaroslavsky amending Complaint − (Discovery) 3 ; Jury Demand, filed by plaintiffs E L Gipson, S A Thomas. (jp, ) (Entered: 11/17/2004)

Nov. 17, 2004

20 Days Summons Issued re First Amended Complaint, 8 as to Defendants Michael Antonovich, Leroy Baca, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina, Ten Unknown Named Defendants, Zev Yaroslavsky. (jp, ) (Entered: 11/17/2004)

Nov. 17, 2004
9

PROOF OF SERVICE Executed by Plaintiff E L Gipson, S A Thomas, upon defendant Leroy Baca served on 11/22/2004, answer due 12/12/2004. The Summons and First Amended Complaint were served by Personal service, by Federal statute, upon Irene Spileri, Person Authorized to accept of service. Due Dilligence declaration not attached. Original Summons not returned. (jp, ) (Entered: 11/30/2004)

Nov. 29, 2004
10

MINUTES ORDER (In Chambers) before Judge Dean D. Pregerson: This action has been assigned to the calendar of Judge Dean D. Pregerson for all further proceedings. On all documents subsequently filed in this case, please substitute the initials "DDP" after the case number in place of the initials of the prior Judge so that the case number will now read: CV 04−08448 DDP (SHx). Counsel are encouraged to review the Central Districts website for additional information. The address is "http://www.cacd.uscourts.gov". Court Reporter: None Present. (jp, ) (Entered: 11/30/2004)

Nov. 29, 2004
11

NOTICE OF MOTION AND MOTION for More Definite Statement; Memorandum of Point and Authorities; Declaration of Paul B. Beach filed by defendant Leroy Baca. Motion set for hearing on 1/10/2005 at 10:00 AM before Honorable Dean D. Pregerson. (jp, ) (Entered: 12/14/2004)

Dec. 13, 2004
12

NOTICE of Interested Parties filed by Defendant Leroy Baca. (jp, ) (Entered: 12/14/2004)

Dec. 13, 2004
13

FILING OF ORIGINAL SUMMONS by Plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 12/20/2004)

Dec. 17, 2004
14

FILING OF WAIVER OF SERVICE Returned Executed filed by plaintiffs S A Thomas, E L Gipson. upon Zev Yaroslavsky waiver sent by Plaintiff on 11/17/2004, answer due 1/16/2005; Michael Antonovich waiver sent by Plaintiff on 11/17/2004, answer due 1/16/2005; Yvonne Burke waiver sent by Plaintiff on 11/17/2004, answer due 1/16/2005; Deane Dana waiver sent by Plaintiff on 11/17/2004, answer due 1/16/2005; Don Knabe waiver sent by Plaintiff on 11/17/2004, answer due 1/16/2005; Gloria Molina waiver sent by Plaintiff on 11/17/2004, answer due 1/16/2005. Waiver of Service signed by Andrew Baum, Attorney for defendants. (jp, ) (Entered: 12/20/2004)

Dec. 17, 2004
15

NOTICE OF MOTION AND MOTION to certify the Class of persons that consists of "floor sleepers" at the Los Angeles County jail, as defined in the First Amended Complaint at averments 39−46, page 6−7, as Class 2 filed by plaintiffs S A Thomas, E L Gipson. Motion set for hearing on 1/10/2005 at 10:00 AM before Honorable Dean D. Pregerson. (jp, ) (Entered: 12/20/2004)

Dec. 17, 2004

OBJECTION to Plaintiffs NOTICE OF MOTION AND MOTION for Class Certification 15 and Request to Strike same; in the alternative, EX PARTE APPLICATION to Vacate and/or Extend the briefing and hearing schedule; Memorandum of Points and Authorities; Declaration of Paul B. Beach, filed by defendant Leroy Baca. (jp, ) (Entered: 12/28/2004)

Dec. 22, 2004
16

OBJECTION to Plaintiffs NOTICE OF MOTION AND MOTION for Class Certification 15 and Request to Strike same; in the alternative, EX PARTE APPLICATION to Vacate and/or Extend the briefing and hearing schedule; Memorandum of Points and Authorities; Declaration of Paul B. Beach, filed by defendant Leroy Baca. filed by defendant Leroy Baca. (jp, ) (Entered: 12/28/2004)

Dec. 22, 2004
17

MINUTES ORDER IN CHAMBERS before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court own motion the MOTION BY DEFENDANT LEROY BACA for More Definite Statement 11 (FILED on 12/13/2004) is hereby CONTINUED from 1/10/2005 to 1/31/2005 at 10:00 AM.Court Reporter: None Present. (jp, ) (Entered: 12/28/2004)

Dec. 27, 2004
18

MINUTES ORDER IN CHAMBERS before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that the Court GRANTS the defendant EX PARTE APPLICATION to Vacate and/or Extend the briefing and hearing schedule 16 (Filed on 12/22/2004). Therefore, the MOTION for Class Certification 15 (Filed on 12/17/2004) is hereby CONTINUED from 1/10/2005 to 4/11/2005 at 10:00 AM. Court Reporter: None Present. (jp, ) (Entered: 12/28/2004)

Dec. 27, 2004
19

OPPOSITION to MOTION for More Definite Statement 11 filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 01/06/2005)

Jan. 3, 2005
20

NOTICE OF JOINDER AND JOINDER in Defendant Sheriff Baca MOTION for More Definite Statement 11 filed by defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (jp, ) (Entered: 01/11/2005)

Jan. 10, 2005
21

NOTICE of Interested Parties filed by Defendants Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (jp, ) (Entered: 01/11/2005)

Jan. 10, 2005
22

NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Notice of Motion and Motion to Impose Rule 11 and Section 1927 Sanctions or defense counsel Paul B. Sack submitted by Plaintiff E L Gipson received on 1/11/2005 is not to be filed but instead rejected. Denial based on: Proof of Service has 2 date. Proof of Service is for an Opposition to motion.(jp, ) (Entered: 01/13/2005)

Jan. 12, 2005
23

NOTICE OF MOTION AND MOTION to Impose Rule 11 and Section 1927 Sanctions of Defense Counsel Paul Beach filed by plaintiffs S A Thomas, E L Gipson. Motion set for hearing on 2/7/2005 at 10:00 AM before Honorable Dean D. Pregerson. (jp, ) (Entered: 01/18/2005)

Jan. 14, 2005
24

AMENDED PROOF OF SERVICE of Supervisor Defendants Notice of Motion and Motion to Dismiss and for Summary Judgement; Declarations of Violet Varona−Lukens, Andrew Baum, was served on 1/18/2005 filed by defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (jp, ) (Entered: 01/19/2005)

Jan. 19, 2005
26

NOTICE OF DISCREPANCY AND ORDER: by Judge Dean D. Pregerson, ORDERING Statement of Uncontroverted facts and conclusions of law submitted by Defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina received on 1/19/05 is not to be filed but instead rejected. Denial based on: motion was submitted without statement of uncontroverted facts on 1/18/05.(shb, ) (Entered: 01/21/2005)

Jan. 19, 2005
27

NOTICE OF MOTION AND MOTION to Dismiss and for Summary Judgment; Declarations of Violet Varona−Lukens and Andrew Baum in support filed by Defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe. Motion set for hearing on 2/28/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged proposed statement and order. (shb, ) (Entered: 01/24/2005)

Jan. 21, 2005
28

PROOF OF SERVICE filed by Defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. re MOTION to Dismiss and for Summary Judgment 27 ; Declarations of Violet Varona−Lukens and Andrew Baum in support thereof; Separate statement of uncontroverted facts and conclusions of law and proposed order, was served on 1/21/05. (shb, ) (Entered: 01/24/2005)

Jan. 21, 2005
29

REQUEST for Entry of Default against DefendantsZev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina filed by Plaintiffs S A Thomas, E L Gipson. (shb, ) (Entered: 01/24/2005)

Jan. 21, 2005
30

NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against Defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina 29 . The Clerk cannot enter the requested relief as Defendant filed a motion to dismiss or for summary judgment 1/21/05 at 11:30 am and Plaintiff filed on 1/21/05 a Request for Default at 11:06 am. Matter Referred to Judge Pregerson. (shb, ) (Entered: 01/24/2005)

Jan. 24, 2005
31

REPLY to plaintiffs Opposition to defendants MOTION for More Definite Statement 11 filed by defendants Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (jp, ) (Entered: 01/25/2005)

Jan. 24, 2005
32

OPPOSITION to plaintiffs MOTION to Impose Rule 11 and Section 1927 Sanctions; Request for $840 in Sanctions against plaintiff and their counsel, Stephen Yagman 23 filed by defendants Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (jp, ) (Entered: 01/25/2005)

Jan. 24, 2005
33

MINUTES OF In Chambers Conference held before Judge Dean D. Pregerson : COUNSEL ARE NOTIFIED that on the Court's own motion that the Motion by Defendant Leroy Baca for More Definite Statement (filed 12/13/2004) and Joinder by Defendants (filed on 1/10/200) set for 1/31/2005 at 10:00 am is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (yl, ) (Entered: 01/31/2005)

Jan. 28, 2005
34

MINUTES OF IN CHAMBERS ORDER by Judge Dean D. Pregerson : COUNSEL ARE NOTIFIED that on the Court's own motion the MOTION TO IMPOSE RULE 11 and Section 1927 Sanctions on Defense Counsel Paul Beach set for 2/7/2005 at 10:00 am, is hereby taken off calendar, the hearing date vacated and will be decided without oral argument. (yl, ) (Entered: 02/01/2005)

Feb. 1, 2005
35

ORDER by Judge Dean D. Pregerson (1) GRANTING Motion for More Definite 11 and (2) DENYING the Plaintiffs Motion for Sanctions. The Court denies the plaintiffs motion. In their opposition, the defendants counter with a request for sanctions against the plaintiffs counsel. This request has merit. As discussed above, the plaintiffs counsel had previously received an order granting a request for a more definite statement from this Court in a similar situation. Thus, whatever he believed were the merits of the defendants motion, he should have known that it was not frivolous or legally unreasonable. Moreover, the defendants explained that they need plaintiffs full names in order to decide whether to plead an affirmative defense that would otherwise be deemed waived. Thus, the defendants motion was clearly based upon a legitimate motive. The Court cannot be sure that the same can be said of the plaintiffs sanctions motion. However, sanctions under Rule 11 are discretionary, and the Court here refrains from ordering sanctions against the plaintiffs counsel. Accordingly, the defendants request for sanctions is denied. (jp, ) (Entered: 02/07/2005)

Feb. 4, 2005
36

OPPOSITION to MOTION to Dismiss and for Summary Judgment 27 filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 02/15/2005)

Feb. 14, 2005
37

ADDITIONAL OPPOSITION to Supervisor defendants MOTION to Dismiss and for Summary Judgment 27 , to the extent it is argued California Sheriffs are not county officials filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 02/15/2005)

Feb. 14, 2005
38

RULE 56(F) SUBMISSION in Response to defendants MOTION for Summary Judgment 27 filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 02/15/2005)

Feb. 14, 2005
42

SECOND AMENDED COMPLAINT against defendants Zev Yaroslavsky, Ten Unknown Named Defendants, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina amending Amended Complaint 8 , with Jury Demand,filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 02/24/2005)

Feb. 14, 2005
39

MINUTES ORDER IN CHAMBERS before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Court own motion the Supervisor Defendants MOTION to Dismiss and for Summary Judgment 27 (Filed on 1/21/05) is hereby CONTINUED from 2/28/2005 to 3/7/2005 at 10:00 AM. Court Reporter: None Present. (jp, ) (Entered: 02/16/2005)

Feb. 15, 2005
40

Notice of Withdrawal of their MOTION Dismiss and for Summary Judgment based upon the filing of Second Amended Complaint 27 filed by defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (jp, ) (Entered: 02/22/2005)

Feb. 18, 2005
41

MINUTES ORDER (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that on the Courts own motion the Supervisor Defendants MOTION to Dismiss and for Summary Judgment 27 (Filed on 1/21/05) set for 3/7/2005 at 10:00 AM., is hereby VACATED and deemed MOOT. Court Reporter: None Present. (jp, ) (Entered: 02/22/2005)

Feb. 18, 2005
46

MORE DEFINITE STATEMENT Pursuant to the Court Order 2/4/2005 Order filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 02/25/2005)

Feb. 22, 2005

PLACED IN FILE − NOT USED re Proposed Order granting Supervisor Defendants Motion for Dismiss and for Summary Judgment. Lodged 1/21/2005. (jp, ) (Entered: 02/24/2005)

Feb. 23, 2005

PLACED IN FILE − NOT USED re Supervisor defendants Statement of Uncontroverted Facts and Conclusions of Law. Lodged 1/21/2005. (jp, ) (Entered: 02/24/2005)

Feb. 23, 2005
43

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Dean D. Pregerson ORDERING Second Amended Complaint submitted by Plaintiffs S A Thomas, E L Gipson received on 2/14/2005 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (jp, ) (Entered: 02/24/2005)

Feb. 23, 2005
44

NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint 42 ; Memorandum of Points and Authorities; Declarations of John De Vries, Paul B. Beach filed by defendants Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. Motion set for hearing on 3/21/2005 at 10:00 AM before Honorable Dean D. Pregerson. (jp, ) (Entered: 02/25/2005)

Feb. 24, 2005
45

MINUTES ORDER (IN CHAMBERS) before Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that the Court own motion the Defendants MOTION to Dismiss Amended Complaint 44 (Filed on 2/24/05) set for March 21, 2005 at 10:00 AM. is hereby VACATED. Court Reporter: None Present. (jp, ) (Entered: 02/25/2005)

Feb. 25, 2005
47

NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs First Amended Complaint 8 ; Memorandum of Points and Authorities; Declarations of John De Vries, Paul B. Beach filed by defendants Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. Motion set for hearing on 3/21/2005 at 10:00 AM before Honorable Dean D. Pregerson. (jp, ) (Entered: 03/01/2005)

Feb. 28, 2005
48

OPPOSITION to Defendants Frivoloous MOTION to Dismiss 44 filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 03/01/2005)

Feb. 28, 2005
49

OPPOSITION to defendant EX PARTE APPLICATION Regarding his deposition filed by plaintiffs S A Thomas, E L Gipson. (jp, ) (Entered: 03/01/2005)

Feb. 28, 2005
50

MINUTES ORDER (IN CHAMBERS) by Judge Dean D. Pregerson: COUNSEL ARE NOTIFIED that the SECOND AMENDED COMPLAINT 42 was filed in error by the Court Clerk. Therefore, the SECOND AMENDED COMPLAINT (FILE DON 02−14−05) is hereby VACATED. The FIRST AMENDED COMPLAINT (FILED ON 11−17−04) and the MORE DEFINITE STATEMENT 46 (FILED ON 02−22−05) are the OPERATIVE PLEADING. Court Reporter: None Present. (jp, ) (Entered: 03/04/2005)

March 4, 2005
51

NOTICE OF MOTION AND MOTION to Dismiss, and for Summary Judgment filed by defendants' Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. Motion set for hearing on 4/11/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged proposed statement and order. (bp, ) (Entered: 03/15/2005)

March 10, 2005
52

Notice of Interested Parties filed by Supervisor Defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (pbap, ) (Entered: 03/16/2005)

March 10, 2005
53

REPLY to Opposition to MOTION to Dismiss 1st Amended Complaint 8 47 filed by plaintiffs S A Thomas, E L Gipson. (ca, ) (Entered: 03/21/2005)

March 14, 2005
54

MINUTES OF Motion Hearing held before Judge Dean D. Pregerson: Court hears oral argument and takes the matter under submission. Court Reporter: Maria Bustillos. (jc,) (Entered: 03/23/2005)

March 21, 2005
56

NOTICE of Filing of Transcript of Deposition of John H. Clark, Taken pursuant to F.R. CIV. P. Rule 30(B)(6), on Issue of Floor Sleepersat in Los Angles County Jail System filed by Plaintiffs S A Thomas, E L Gipson. Lodged 1 depo transcript(pbap, ) (Entered: 03/25/2005)

March 21, 2005
57

Amended Notice of MOTION for Class Certification 15 filed by Plaintiffs S A Thomas, E L Gipson. (pbap, ) (Entered: 03/25/2005)

March 21, 2005
58

NOTICE OF MOTION AND MOTION to Impose Rule 11 and Section 1927 Sanctions on Defense Counsel Paul B. Beach filed by Plaintiffs S A Thomas, E L Gipson. Motion set for hearing on 4/11/2005 at 10:00 AM before Honorable Dean D. Pregerson. (pbap, ) (Entered: 03/25/2005)

March 21, 2005
55

ORDER by Judge Dean D. Pregerson : Denying 47 Motion to Dismiss Case (pbap, ) (Entered: 03/24/2005)

March 23, 2005
59

OPPOSITION TO SUPERVISOR DEFENDANT'S MOTION to Dismiss and for Summary Judgment MOTION for Summary Judgment 51 filed by Plaintiffs S A Thomas and E L Gipson. (yl, ) (Entered: 04/05/2005)

March 28, 2005
60

REQUEST FOR JUDICIAL NOTICE IN SUPPORT Of Their Opposition to Plaintiff's Motion for Class Certification filed by Defendant Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe and Gloria Molina. (yl, ) (Entered: 04/05/2005)

March 28, 2005
61

PLAINTIFF'S RULE 56(f) SUBMISSION IN RESPONSE to Defendant's Motion for Summary Judgmnet filed by Plaintiffs S A Thomas and E L Gipson. (yl, ) (Entered: 04/05/2005)

March 28, 2005
62

OPPOSITION TO PLAINTIFF'S MOTION For Class Certification 15 ; Memorandum of Points and Authorities filed by Defendant Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe and Gloria Molina. (yl, ) (Entered: 04/05/2005)

March 28, 2005
64

SUBMISSION of After−Acquired Evidence from Defendants of Payments of Punitive Damages Award by Supervisors, in Further Opposition to Their Motion for Summary Judgment 51 filed by Plaintiffs S A Thomas, E L Gipson. (pbap, ) (Entered: 04/06/2005)

April 4, 2005
65

EVIDENTIARY Submission/Objection of their Motion for Class Certification, as Part of their Reply on their Motion 15 filed by Plaintiffs S A Thomas, E L Gipson. (pbap, ) (Entered: 04/06/2005)

April 4, 2005
66

REPLY in Support of the Supervisor Defendants' MOTION to Dismiss and Summary Judgment 51 ; Declaration of Bryan M. Sullivan in Support filed by Defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (pbap, ) (Entered: 04/06/2005)

April 4, 2005
67

Objections to Defendant's Request for Judicial Notice filed by Plaintiffs S A Thomas, E L Gipson. (pbap, ) (Entered: 04/08/2005)

April 4, 2005
68

REPLY on their MOTION to Class Certification of Damages Classes 15 filed by Plaintiffs S A Thomas, E L Gipson. lodged proposed order(pbap, ) (Entered: 04/08/2005)

April 4, 2005
69

REPLY on their MOTION to Impose Rule 11 and Section 1927 Sanctions of Defense Counsel Paul Beach 23 filed by Plaintiffs S A Thomas, E L Gipson. (pbap, ) (Entered: 04/08/2005)

April 4, 2005
70

MINUTES OF PROCEEDINGS: (IN CHAMBERS) ORDER by Judge Dean D. Pregerson that on the Court's on motion the MOTION to Class Certification 15 , filed 12/17/04 and Amended Motion for Class Certification, filed 3/21/05 set for 4/11/05 at 10:00 a.m. are hereby taken off calendar, the hearing date vacated and will be decided will be decided without oral argument.Court Reporter: none present. (pbap, ) (Entered: 04/08/2005)

April 7, 2005
71

ORDER by Judge Dean D. Pregerson : Denying without prejudice 15 Motion for Class Certification and Amended Motion for Class Certification. (pbap, ) (Entered: 04/08/2005)

April 7, 2005
72

ANSWER to First Amended Complaint, 8 with JURY DEMAND filed by Defendants Zev Yaroslavsky, S A Thomas, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina.(pbap, ) (Entered: 04/08/2005)

April 7, 2005

PLACED IN FILE − NOT USED re Proposed Order. Lodged 4/4/2005. (jp, ) (Entered: 04/12/2005)

April 7, 2005
74

NOTICE OF MOTION AND MOTION to Class Certification filed by Plaintiffs S A Thomas, E L Gipson. Motion set for hearing on 5/2/2005 at 10:00 AM before Honorable Dean D. Pregerson. Lodged Deposition Transcript. (ir, ) (Entered: 04/18/2005)

April 11, 2005
75

NOTICE of Filing of Transcript of Deposition of John H Clark, Taken pursuant to FRCP 30(B)(6) on Issue of Floor Sleepersat in Los Angeles County Jail System 74 filed by Plaintiffs S A Thomas, E L Gipson. (ir, ) (Entered: 04/18/2005)

April 11, 2005
80

MINUTES OF PROCEEDINGS: Motion Hearing held before Judge Dean D. Pregerson Re: MOTION for Sanctions 58 ; MOTION for Summary Judgment 51 . Court hears oral argument and takes the matters under submission. Court Reporter: n/a. (pbap, ) (Entered: 04/20/2005)

April 11, 2005

PLACED IN FILE − NOT USED re proposed order granting Supervisor Defendants' motion to dismiss and for summary judgment submitted by Defendants Zev Yaroslavsky, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (pbap, ) (Entered: 04/20/2005)

April 11, 2005
73

ORDER by Judge Dean D. Pregerson : Denying 58 MOTION to Impose Rule 11 and Section 1927 Sanctions on Defense Counsel Paul B. Beach. (pbap, ) (Entered: 04/13/2005)

April 12, 2005
79

ORDER SETTING SCHEDULING CONFERENCE by Judge Dean D. Pregerson :This matter is set for a Scheduling Conference on 6/27/2005 04:00 PM before Honorable Dean D. Pregerson. The conference will be held pursuant to Federal Rules of Civil Proceudure 16(b) (see document for further details)(yl, ) (Entered: 04/18/2005)

April 14, 2005
81

OBJECTION to Plaintiff's Notice of Motion and MOTION to Class Certification 74 and Request to Strike Same; in the Alternative, Ex Parte Application to Continue or take Plaintiffs' Motion Off Calendar Pending Compliance with Proper Service and Local Rule 7: Memorandum of Points and Authorities; Declarations of Paul B. Beach and Debra Ard in Support thereof filed by Defendants Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (pbap, ) (Entered: 04/20/2005)

April 14, 2005
76

MINUTES: (IN CHAMBERS) COUNSEL ARE NOTIFIED that on Courts own motion the motion for Class Certification 74 (Filed 4/11/05) set for 5/2/05 at 10;00 is hereby VACATED by Judge Dean D. Pregerson Court Reporter: None Present. (ir, ) (Entered: 04/18/2005)

April 15, 2005
82

NOTICE OF MOTION AND MOTION for Class Certification, and for Order to permit identification of class members filed by plaintiffs S A Thomas, E L Gipson. Motion set for hearing on 5/9/2005 at 10:00 AM before Honorable Dean D. Pregerson. (ca, ) (Entered: 04/22/2005)

April 15, 2005
83

Notice of Withdrawal of Class Certification Motion noticed to be heard on May 2, 2005, and its replacement by a new, different motion noticed to be heard on May 9, 2005 74 filed by plaintiffs S A Thomas, E L Gipson. (ca, ) (Entered: 04/22/2005)

April 15, 2005
78

NOTICE OF CLERICAL ERROR: Due to clerical error Non public entry was erroneously issued document item control #77. NO item control #77 exist. (ir, ) (Entered: 04/18/2005)

April 18, 2005
84

OPPOSITION to Defendants' Objection to/Request to Strike, Ex Parte Application with Respect to Plaintiff's Motion for Class Certification 74 filed by Plaintiffs S A Thomas, E L Gipson. (pbap, ) (Entered: 04/25/2005)

April 18, 2005
86

OBJECTIONS TO MOTION to Certify Class MOTION for Order 82 filed by defendants' Leroy Baca. (bp, ) (Entered: 04/26/2005)

April 21, 2005
85

OPPOSITION to defendants' request to strike/ex parte application with respect to plaintiffs' class certification motion filed by plaintiffs S A Thomas. (bp, ) (Entered: 04/26/2005)

April 22, 2005
87

MINUTES OF PROCEEDINGS: (IN CHAMBERS) ORDER by Judge Dean D. Pregerson : Counsel Are Notified that on the Court's own motion the MOTION for Class Certification, and for Order to permit identification of class members 82 , filed on 4/15/05 is hereby continued from 5/9/05 to May 16, 2005 at 10:00 a.m. The Ex Parte Application to Continue...(filed on 4/21/04 is hereby VACATED. Court Reporter: none present. (pbap, ) (Entered: 04/27/2005)

April 25, 2005

PLACED IN FILE − NOT USED re proposed order grnating defendants' ex parte application submitted by Defendants Zev Yaroslavsky, Leroy Baca, Michael Antonovich, Yvonne Burke, Deane Dana, Don Knabe, Gloria Molina. (pbap, ) (Entered: 04/28/2005)

April 26, 2005

State / Territory: California

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 12, 2004

Closing Date: Nov. 2, 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individuals who, while in LASD custody, were required to sleep on the floor of a LASD facility with or without bedding.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections (Los Angeles, Los Angeles), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Litigation

Amount Defendant Pays: 450,269.99

Content of Injunction:

Discrimination Prohibition

Issues

General:

Sanitation / living conditions

Crowding:

Crowding / caseload

Type of Facility:

Government-run