Case: Johnson v. California

2:95-cv-01192 | U.S. District Court for the Central District of California

Filed Date: Feb. 24, 1995

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On February 24, 1995, an African-American prisoner of the California Department of Corrections filed a pro se suit in the United States District Court for the Central District of California, alleging that the Department's violated his constitutional rights by racially segregating prisoners and extorting money from inmates by overcharging for telephone use. The Plaintiff was frequently transferred among California prisons and was always initially double-celled with another African-American upon …

On February 24, 1995, an African-American prisoner of the California Department of Corrections filed a pro se suit in the United States District Court for the Central District of California, alleging that the Department's violated his constitutional rights by racially segregating prisoners and extorting money from inmates by overcharging for telephone use. The Plaintiff was frequently transferred among California prisons and was always initially double-celled with another African-American upon his arrival to a new prison. The Department contented that the double celling policy was a legitimate security measure that prevented violence caused by racial gangs.

The Department of Corrections moved to dismiss, and the Plaintiff filed a series of amended complaints, culminating in a Third Amended Complaint. The District Court dismissed it for failure to state a claim and the Plaintiff appealed. The Ninth Circuit reversed in part and affirmed in part. The District Court was instructed to appoint Johnson pro bono counsel on remand. Johnson v. State of Cal., 207 F.3d 650 (9th Cir. 2000).

On remand, the District Court (Chief Judge Consuelo B. Marshall) granted summary judgment for prison officials on qualified immunity grounds. Plaintiff appealed. The Court of Appeals (Circuit Judge O'Scannlain) affirmed, holding that the Department policy did not violate the Equal Protection Clause. Johnson v. State of California, 321 F.3d 791 (9th Cir.2003). Plaintiff's request for rehearing and rehearing en banc were denied. Johnson v. California, 336 F.3d 1117 (9th Cir. 2003). The U.S. Supreme Court granted certiorari. Johnson v. California, 540 U.S. 1217, 124 S.Ct. 1505, 158 L.Ed.2d 151 (2004).

The Supreme Court found that plaintiff's equal protection challenge to the CDC's policy should have been reviewed under the strict scrutiny standard. As the lower courts applied a lesser standard of review to plaintiff's challenge, the decision was reversed and remanded. Johnson v. California, 543 U.S. 499, 125 S.Ct. 1141, 160 L.Ed.2d 949 (2005).

Upon remand to the Ninth Circuit, the parties entered into a Settlement Agreement. Under the terms of the Agreement, the stated goal of the Department of Corrections was to treat all prisoners without subjection to any form of racial segregation. To achieve that goal, the Department agreed to integrate cells, by creating housing protocols for assigning cellmates, starting first with reception centers and then general population cells. Details of the integration plan were to be set forth in a Confidential Draft Organizational Plan, which was to be provided to plaintiff's counsel.

Additionally, the Settlement Agreement provided that the Plaintiff would receive a payment of $12,000. The case would be remanded to the District Court for a determination of attorneys' fees.

Summary Authors

Dan Dalton (12/4/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/10649362/parties/garrison-s-johnson-v-state-of-california/


Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Brunetti, Melvin T. (Nevada)

Chooljian, Jacqueline (California)

Ferguson, Warren John (California)

Fletcher, Betty Binns (Washington)

Ginsburg, Ruth Bader (District of Columbia)

Hug, Procter Ralph Jr. (Nevada)

Kennedy, Anthony McLeod (District of Columbia)

Marshall, Consuelo Bland (California)

Nelson, Dorothy Wright (California)

Judge(s)

Breyer, Stephen Gerald (District of Columbia)

Brunetti, Melvin T. (Nevada)

Chooljian, Jacqueline (California)

Ferguson, Warren John (California)

Fletcher, Betty Binns (Washington)

Ginsburg, Ruth Bader (District of Columbia)

Hug, Procter Ralph Jr. (Nevada)

Kennedy, Anthony McLeod (District of Columbia)

Marshall, Consuelo Bland (California)

Nelson, Dorothy Wright (California)

O'Connor, Sandra Day (District of Columbia)

O'Scannlain, Diarmuid Fionntain (Oregon)

Pregerson, Dean D. (California)

Rehnquist, William Hubbs (District of Columbia)

Reinhardt, Stephen Roy (California)

Scalia, Antonin (District of Columbia)

Souter, David Hackett (District of Columbia)

Stevens, John Paul (District of Columbia)

Thomas, Clarence (District of Columbia)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Allan, Aaron P. (California)

Deixler, Bert H. (California)

Forsheit, Tanya (California)

Forsythe, Tawnya (California)

Hilger, Jeffrey Thomas Garcia (California)

Ingber, Kenneth S. (California)

Tellem, Nicole (California)

Thompson, Lois D. (California)

Attorneys(s) for Defendant

Anderson, Robert R. (California)

Crown, Allen Robert (California)

Gifford, Paul D. (California)

Grunder, Frances T. (California)

Lockyer, Bill (California)

Lungren, Daniel E. (California)

Russell, Jay C. (California)

Spiegel, Barbara (California)

Turner, Sara E. (California)

Williamson, George H. (California)

Documents in the Clearinghouse

Document

2:95-cv-01192

Docket [PACER]

May 2, 2007

May 2, 2007

Docket

98-55302

Per Curiam Opinion (Ninth Circuit)

U. S. Court of Appeals for the Ninth Circuit

March 21, 2000

March 21, 2000

Order/Opinion
78

2:95-cv-01192

Fourth Amended Complaint

July 5, 2000

July 5, 2000

Complaint

01-56436

Opinion (Ninth Circuit)

U. S. Court of Appeals for the Ninth Circuit

Feb. 25, 2003

Feb. 25, 2003

Order/Opinion

01-56436

Order (Ninth Circuit)

U. S. Court of Appeals for the Ninth Circuit

July 28, 2003

July 28, 2003

Order/Opinion

03-00636

Certiorari Granted (Supreme Court)

Supreme Court of the United States

March 1, 2004

March 1, 2004

Order/Opinion

03-00636

Amicus Curiae Motion Granted (Supreme Court)

Supreme Court of the United States

Sept. 28, 2004

Sept. 28, 2004

Order/Opinion

03-00636

Supreme Court Opinion

Supreme Court of the United States

Feb. 23, 2005

Feb. 23, 2005

Order/Opinion

2:95-cv-01192

Settlement and Release Agreement

U. S. Court of Appeals for the Ninth Circuit

Dec. 12, 2005

Dec. 12, 2005

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10649362/garrison-s-johnson-v-state-of-california/

Last updated Sept. 4, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (Summons(es) issued) (am) (Entered: 02/28/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER

Case Referred to Magistrate Judge

Feb. 24, 1995

Feb. 24, 1995

PACER

CASE REFERRED to Magistrate Judge Brian Q. Robbins (am)

Feb. 24, 1995

Feb. 24, 1995

PACER
2

NOTICE and ORDER of Reference to Magistrate Judge Brian Q. Robbins (am) (Entered: 02/28/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
3

ORDER granting lv to file action w/o prepayment of fees by Magistrate Judge Brian Q. Robbins (am) (Entered: 02/28/1995)

Feb. 24, 1995

Feb. 24, 1995

PACER
4

MINUTES by Magistrate Judge Brian Q. Robbins: This case has been referred to Magistrate Judge Robbins for P/T proceedings. All future pleadings & correspondence shall be addressed to Clerk to Magistrate JudgeRobbins. See document re preparing & submitting pleadings & correspondence. CR: n/a. (gk) (Entered: 03/10/1995)

March 6, 1995

March 6, 1995

PACER
5

ORDER by Magistrate Judge Brian Q. Robbins that the U.S. Marshal is auth to proceed w/ svc of process upon James Rolland, Director of California Dept. of Corrections in his individual capacity only, w/o prepayment of costs, until fur ord of Crt. (gk) (Entered: 03/10/1995)

March 6, 1995

March 6, 1995

PACER
6

ORDER by Magistrate Judge Brian Q. Robbins that within 20 days of the date of this Ord, plf shall file w/ the crt a ntc that all required documents have been submitted to the U.S. Marshal Service. (gk) (Entered: 03/10/1995)

March 6, 1995

March 6, 1995

PACER
7

MOTION/APPLICATION by plf Garrison S. Johnson for an ord directing the U.S. Marshal to effect svc w/o payment of fees . (gk) (Entered: 04/04/1995)

March 9, 1995

March 9, 1995

PACER
8

MOTION OR APPLICATION by plf Garrison S. Johnson for an ord directing the U.S. Marshal to effect svc w/o the payment of fees. (gk) (Entered: 04/26/1995)

April 17, 1995

April 17, 1995

PACER
9

NOTICE by plf Garrison S. Johnson of submission of documents to U.S. Marshal. (gk) (Entered: 04/26/1995)

April 18, 1995

April 18, 1995

PACER
11

MOTION by plf Garrison S. Johnson for leave to amend complaint . (gk) (Entered: 06/10/1995)

May 30, 1995

May 30, 1995

PACER
10

RETURN OF ORIGINAL SUMMONS and RETURN OF USM 285 of summons & complaint served upon James Rolland (individual capacity) by mail on 5/18/95; w/ waiver of svc of sms by Sara Turner, as atty of record for dft James Rowland, sent by U.S. Marshal's Office on 4/20/95 & acknowledged on 5/18/95. (gk) (Entered: 06/06/1995)

June 5, 1995

June 5, 1995

PACER
14

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of plf's motion for leave to amend complaint [11-1]. Plf is hereby GR lv to file a 1st A/C. Plf has 23 days from the date of this Ord to file a 1st A/C. CR: n/a. (gk) (Entered: 06/30/1995)

June 7, 1995

June 7, 1995

PACER
12

NOTICE OF MOTION AND MOTION by dft James Rowland to dismiss ; motion hearing set for 3:00 7/25/95; memo of PA in suppt thereof. (gk) (Entered: 06/30/1995)

June 19, 1995

June 19, 1995

PACER
13

MINUTES by Magistrate Judge Brian Q. Robbins: Hrg date on dft's motion to dismiss [12-1] is VACATED. On 6/12/95 crt issued a minute ord allowing plf to file a 1st A/C, due by 7/5/95. Thus, dft's mot to dismiss is deemed moot. Dft may if he wishes renew his mot to dism after svc of the 1st A/C. CR: n/a. (gk) (Entered: 06/30/1995)

June 21, 1995

June 21, 1995

PACER
15

FIRST AMENDED COMPLAINT [1-1] by plf Garrison S. Johnson; terminating dfts James Rolland & John Does; adding dfts California Department of Corrections & James Gomez. (gk) (Entered: 07/07/1995)

June 23, 1995

June 23, 1995

PACER
17

MOTION by plf Garrison S. Johnson for svc of cmp by U.S. Marshal . (gk) (Entered: 07/18/1995)

June 23, 1995

June 23, 1995

PACER
16

FIRST AMENDED COMPLAINT [15-1] by plf Garrison S. Johnson; terminating dft CA Dept of Corrections; adding dft James Rowland. (gk) (Entered: 07/07/1995)

July 3, 1995

July 3, 1995

PACER
18

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of a document fld by plf on 7/3/95 entitled "1st A/C." Plf fld a 1st A/C on 6/23/95. Plf is advised that if plf wants to amend the cmp fld on 6/23/95 he ask lv of the Crt to file a 2nd A/C. Plf is ORD to provide a stat rpt to this Crt within 21 days indicating whether he wishes to proceed on the 1st A/C of 6/23/95 or whether he wishes to amend his cmp. CR: n/a. (gk) (Entered: 07/18/1995)

July 10, 1995

July 10, 1995

PACER
19

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of a document fld by plf entitled "stat rpt" & "mot for lv to amend cmp." Plf is GR 30 days from the date of this Ord to file a 2nd A/C. CR: n/a. (gk) (Entered: 07/31/1995)

July 24, 1995

July 24, 1995

PACER
20

STATUS REPORT by plf Garrison S. Johnson. (gk) (Entered: 08/05/1995)

Aug. 1, 1995

Aug. 1, 1995

PACER
21

SECOND AMENDED COMPLAINT [16-1] by plf Garrison S. Johnson. (gk) (Entered: 08/14/1995)

Aug. 8, 1995

Aug. 8, 1995

PACER
22

NOTICE OF MOTION AND MOTION by dft Rowland to dismiss ; motion hearing set for 3:00 9/26/95; memo of PA in suppt thereof. (gk) (Entered: 09/13/1995)

Aug. 31, 1995

Aug. 31, 1995

PACER
23

MOTION by plf Garrison S. Johnson requesting court to order dfts to resp to plf's 2nd A/C . (gk) (Entered: 09/13/1995)

Sept. 5, 1995

Sept. 5, 1995

PACER
24

MINUTES by Magistrate Judge Brian Q. Robbins: Crt is in receipt of a document fld by plf entitled "2nd A/C." Crt will accept the 2nd A/C. Plf is advised that he must properly serve the 2nd A/C on dfts. CR: n/a. (gk) (Entered: 09/13/1995)

Sept. 5, 1995

Sept. 5, 1995

PACER
25

NOTICE OF MOTION AND MOTION by plaintiff Garrison S Johnson req svc by usm (kr) (Entered: 09/22/1995)

Sept. 18, 1995

Sept. 18, 1995

PACER
26

OPPOSITION by plf Garrison S. Johnson to dft's motion to dismiss in suppt of aff [22-1]. (gk) (Entered: 10/05/1995)

Sept. 28, 1995

Sept. 28, 1995

PACER
27

ORDER by Magistrate Judge Brian Q. Robbins vacating hearing re motion to dismiss [22-1] was fld by dft Rowland. ORD tht the rply be fld NLT 10-17-95. (et) (Entered: 10/18/1995)

Oct. 6, 1995

Oct. 6, 1995

PACER
28

Reply to plf's opposition by defendant James Rowland to motion to dismiss [22-1] (et) (Entered: 10/23/1995)

Oct. 19, 1995

Oct. 19, 1995

PACER
29

NOTICE OF MOTION AND MOTION by plaintiff Garrison S Johnson for order directing the US Marshal to svc deft ; motion hearing set for <date not set> (jc) (Entered: 12/04/1995)

Nov. 22, 1995

Nov. 22, 1995

PACER
30

REQUEST by plaintiff Garrison S Johnson for Waiver of Sms (jc) (Entered: 01/12/1996)

Jan. 9, 1996

Jan. 9, 1996

PACER
31

NOTICE OF MOTION AND MOTION by plaintiff Garrison S Johnson for stat rpt ; motion hearing set for <date not set> (jc) (Entered: 01/24/1996)

Jan. 22, 1996

Jan. 22, 1996

PACER
32

ORDER by Chief Judge Wm. M. Byrne, Pur to the recommended procedure adopted by the Crt for the creation of the cal of Judge Kim McLane Wardlaw, Case transferred frm the cal of Judge Gadbois, Jr., to the cal of Judge Kimberly M. Wardlaw for all further proceedings . Case shld now read CV 95-1192 KMW (BQR). (et) (Entered: 01/24/1996)

Jan. 23, 1996

Jan. 23, 1996

PACER
33

MOTION by plaintiff Garrison S Johnson for order requesting Dist Judge to issue an ord in this case for reason stated herein . (ab) (Entered: 04/24/1996)

April 23, 1996

April 23, 1996

PACER
34

MINUTES: granting motion for order directing the US Marshal to svc deft [29-1]; The svc shl be solely on Mr James gomez who is the only named deft in the the 1st A/C; the defense my refi a mtn to dism based solely on pltf's 1st A/C. Deftf's previous motion to dismiss [22-1] moot. by Magistrate Judge Brian Q. Robbins CR: n/a (jc) (Entered: 06/24/1996)

June 18, 1996

June 18, 1996

PACER
35

ORDER by Magistrate Judge Brian Q. Robbins dismissing the complaint [21-1]. Plf sh w/i 23 dys fr the dt of entry of this order, file an amnded cmp. It should be labeled Third Amnded Cmp. It should in no way refer to 2nd amnded cmp. (ENT 7/17/96), mld cpys & ntcs. (twdb) (Entered: 07/17/1996)

July 15, 1996

July 15, 1996

PACER
36

3RD AMENDED COMPLAINT [16-1] by plaintiff Garrison S Johnson (jc) (Entered: 08/05/1996)

Aug. 1, 1996

Aug. 1, 1996

PACER
37

NOTICE OF MOTION AND MOTION by defendant James Rowland to dismiss Third A/C for failure to state cause of action and barred by statute of limitations ; motion hearing set for 3:00 9/24/96 (th) Modified on 08/26/1996 (Entered: 08/26/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
38

MEMORANDUM of points and authorities by defendant James Rowland in support of motion to dismiss Third A/C [37-1] (th) (Entered: 08/26/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
39

REQUEST by defendant James Rowland for JUDICIAL NTC (jc) (Entered: 08/26/1996)

Aug. 22, 1996

Aug. 22, 1996

PACER
40

ORDER by Magistrate Judge Brian Q. Robbins vacating hearing re motion to dismiss Third A/C for failure to state cause of action and barred by statute of limitations [37-1]; Opp or stmt of non opp be fi nlt 9/12/96; Rply fi nlt 9/19/96 (jc) (Entered: 09/09/1996)

Aug. 29, 1996

Aug. 29, 1996

PACER
42

ORDER by Magistrate Judge Brian Q. Robbins; tht US Marshal is auth to proc w/svc of process upon dfts ONLY w/o prepayment of cost until fur ord of the crt; James Gomez, Dire of Corr, individually & James Roland, Fomer Dir, individually (jc) (Entered: 09/16/1996)

Sept. 4, 1996

Sept. 4, 1996

PACER
41

OPPO by plaintiff Garrison S Johnson to motion to dismiss Third A/C for failure to state cause of action and barred by statute of limitations [37-1], motion req svc by usm [25-1] (jc) (Entered: 09/10/1996)

Sept. 9, 1996

Sept. 9, 1996

PACER
43

RPLY TO OPP by defendant James Rowland to motion to dismiss Third A/C for failure to state cause of action and barred by statute of limitations [37-1] (jc) (Entered: 09/20/1996)

Sept. 19, 1996

Sept. 19, 1996

PACER
44

NOTICE by plaintiff Garrison S Johnson of submission of docs to U.S. Marshal (np) (Entered: 10/03/1996)

Sept. 23, 1996

Sept. 23, 1996

PACER
45

NOTICE OF MOTION AND MOTION by defendant James Gomez to dismiss third amended cmp ; motion hearing set for 3:00 1/7/97 (shb) (Entered: 12/03/1996)

Nov. 27, 1996

Nov. 27, 1996

PACER
46

MEMORANDUM of PA by defendant James Gomez in support of motion to dismiss third amended cmp [45-1] (shb) (Entered: 12/03/1996)

Nov. 27, 1996

Nov. 27, 1996

PACER
47

ORDER by Magistrate Judge Brian Q. Robbins vacating hearing re motion to dismiss third amended cmp [45-1], Opp nlt 12/18/96, rply nlt 1/2/97 (dmjr) (Entered: 12/04/1996)

Dec. 2, 1996

Dec. 2, 1996

PACER
48

WAIVER OF SERVICE of SUMMONS by defendant James Rowland sent by plf on 10/1/96 by Sara Turner, atty, USM retn (dmjr) (Entered: 12/10/1996)

Dec. 9, 1996

Dec. 9, 1996

PACER
49

WAIVER OF SERVICE of SUMMONS by defendant James Gomez sent by plf on 10/1/96 by Sara Turner, atty; USM retn (dmjr) (Entered: 12/10/1996)

Dec. 9, 1996

Dec. 9, 1996

PACER
50

OPPOSITION by plaintiff motion to dismiss third amended cmp [45-1] (dmjr) (Entered: 12/16/1996)

Dec. 13, 1996

Dec. 13, 1996

PACER
51

Ret RECEIPT of Proof of del of ord dtd 12/2/96 by legal mail rec by - illegible sign, on 12/6/96. (lori) Modified on 12/18/1996 (Entered: 12/18/1996)

Dec. 17, 1996

Dec. 17, 1996

PACER
52

REPLY by defendant James Gomez to response to motion to dismiss third amended cmp [45-1] (dmjr) (Entered: 01/06/1997)

Jan. 3, 1997

Jan. 3, 1997

PACER
53

MOTION by plaintiff Garrison S Johnson for appointment of counsel (jag) (Entered: 03/18/1997)

March 14, 1997

March 14, 1997

PACER
54

MOTION by plaintiff Garrison S Johnson for svc of amd cmp upon dfts Peter Stamison & Bert Roberts by US Marshal (jag) (Entered: 03/18/1997)

March 14, 1997

March 14, 1997

PACER
55

MOTION by plaintiff Garrison S Johnson for leave to file amd cmp (jag) (Entered: 03/18/1997)

March 14, 1997

March 14, 1997

PACER
56

MINUTES: Plf's motion for appointment of counsel [53-1] is DENIED. by Magistrate Judge Brian Q. Robbins CR: n/a (jag) (Entered: 03/20/1997)

March 18, 1997

March 18, 1997

PACER
57

MINUTES: Plf's motion for leave to file amd cmp [55-1] is DENIED w/out prej. Plf may renew his mot after the crt has ruled on the currently pending mot to dism fld by dfts in this actn. by Magistrate Judge Brian Q. Robbins CR: n/a (jag) (Entered: 03/24/1997)

March 20, 1997

March 20, 1997

PACER
58

REPORT AND RECOMMENDATION of U.S. Magistrate Judge Brian Q. Robbins that Crt ent an ord granting dfts' mots to dism & dism pla's 3rd A/C w/prej. (dhl) (Entered: 07/07/1997)

July 1, 1997

July 1, 1997

PACER
59

NOTICE OF FILING REPORT AND RECOMMENDATION of U.S. Magistrate Judge Brian Q. Robbins and lodging of proposed judgment &/or ord (dhl) (Entered: 07/07/1997)

July 2, 1997

July 2, 1997

PACER
60

OBJECTIONS by plaintiff Garrison S Johnson to Report and Recommendation [58-1] (jag) (Entered: 07/16/1997)

July 14, 1997

July 14, 1997

PACER
61

MOTION by plaintiff Garrison S Johnson requesting final judgment (jag) (Entered: 11/18/1997)

Nov. 14, 1997

Nov. 14, 1997

PACER
62

ORDER by Judge Kim M. Wardlaw adopting report and recommendation motion NOTICE OF FILING REPORT AND RECOMMENDATION [59-1] (ENT 1/9/98) mld cpys (bp) Modified on 01/09/1998 (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

PACER
63

JUDGMENT AND ORDER: It is ADJUDGED that the dft's mots to dismiss are granted, and that pla's third amd cmp is dismissed without lv to amd by Judge Kim M. Wardlaw . terminating case NUNC PRO TUNC 8/12/97 (ENT 1/9/98) MD JS-6 mld cpys & ntc. (bp) (Entered: 01/09/1998)

Jan. 8, 1998

Jan. 8, 1998

PACER
64

NOTICE OF APPEAL by plaintiff Garrison S Johnson to 9th C/A from Dist. Court Jgm & Ord fld 1/8/98 & ent 1/9/98 (cc: Garrison S. Johnson; State Attorney General) Fee: Billed. (pjap) (Entered: 02/03/1998)

Jan. 20, 1998

Jan. 20, 1998

PACER
65

TRANSCRIPT DESIGNATION and ordering form. (ghap) (Entered: 02/17/1998)

Feb. 11, 1998

Feb. 11, 1998

PACER
66

NOTIFICATION by Circuit Court of Appellate Docket Number appeal [64-1] 98-55302 (weap) (Entered: 03/06/1998)

March 6, 1998

March 6, 1998

PACER
67

MINUTES:ntc of referral; the attached ntc of referral directed to Judge Wardlaw by the US Crt of appeals is being ref to Mag Judge Robins for his recommendation by Judge Kim M. Wardlaw CR: none (ab) (Entered: 03/19/1998)

March 17, 1998

March 17, 1998

PACER
68

ORDER re CERT OF APPEALABILITY by Judge Kim M. Wardlaw; Crt has reviewed the matter, It is ordered that the Cert of Appealability [64-1] is DENIED. There has been no substantial showing of the denial of a constitutional right. (ENT 4/2/98). mld cpys & ntcs. (jag) (Entered: 04/02/1998)

March 31, 1998

March 31, 1998

PACER
69

9thcca Order: Appellant's mot for appointment of cnsl is den. Appellant's mot for a certificate of probable cause is den as unnecessay. (weap) (Entered: 07/27/1998)

July 14, 1998

July 14, 1998

PACER
70

CERTIFICATE of Record Transmitted to USCA (98-55302) (cc: all parties) (pjap) (Entered: 12/02/1998)

Dec. 2, 1998

Dec. 2, 1998

PACER

Appeal Record Sent to USCA (A-26)

Dec. 2, 1998

Dec. 2, 1998

PACER

CLERK'S record on appeal transmitted to Circuit vols: 1 (pjap)

Dec. 2, 1998

Dec. 2, 1998

PACER

Miscellaneous Document

April 17, 2000

April 17, 2000

PACER

LODGED cc 9th CCA Ord: Jgm of said Dist Crt hereby is affirmed in part & remanded in part. Each pty shll bear their own costs. (98-55302) (FWD TO CRD) (pjap)

April 17, 2000

April 17, 2000

PACER
71

NOTICE OF REASSIGNMENT Of Case Upon Rcpt of Mandate Frm The Ninth Circuit Crt of Appeals. Case randomly reassgned to Judge Consuelo B. Marshall for all fur procdngs. Case no. now reads as CV 95-1192 CBM (BQR) (cc: all counsel) (rn) (Entered: 05/01/2000)

April 28, 2000

April 28, 2000

PACER
72

MINUTES: In its decision, the 9th CCA has dir tht the Dist Crt shl req the appt of pro bono cnsl. The US Mag Judge has on 5/8/00 requested the appt of said pro bono cnsl from the US Mag Judge coordinating the pro bono cnsl prog. The Crt will issue a fur ord setting a status conf in this mttr at the ti tht pro bono cnsl is designated by Magistrate Judge Brian Q. Robbins (pbap) (Entered: 05/12/2000)

May 10, 2000

May 10, 2000

PACER
73

MANDATE from Circuit Court of Appeals affirming in part & reversing in part is filed & spread on the minutes of this crt (dmjr) (Entered: 05/17/2000)

May 16, 2000

May 16, 2000

PACER
74

CERTIFIED COPY of judgment from USCA affirming in part & rrmanding in part, each party s/bear own costs (ENT 5/17/00) (cc: all counsel) (dmjr) (Entered: 05/17/2000)

May 16, 2000

May 16, 2000

PACER
75

RECORD on appeal returned from U.S. Court of Appeals vols: 1 (pjap) (Entered: 06/14/2000)

May 16, 2000

May 16, 2000

PACER
76

ATTORNEY SUBSTITUTION: terminating attorney Garrison S Johnson for Garrison S Johnson by plaintiff Garrison S Johnson and substituting attorney Kenneth Ingber by Judge Consuelo B. Marshall (pbap) (Entered: 06/22/2000)

June 19, 2000

June 19, 2000

PACER
78

FOURTH AMENDED COMPLAINT [36-1] by plaintiff Garrison S Johnson; jury demand. Summons smms issd (pbap) (Entered: 07/12/2000)

July 5, 2000

July 5, 2000

PACER
79

Certification OF INTERESTED PARTIES filed by plaintiff Garrison S Johnson (pbap) (Entered: 07/12/2000)

July 5, 2000

July 5, 2000

PACER
77

MINUTES: Kenneth S. Ingber, Esq. having substituted in as cnsl of record in this mttr on 6/19/00, ORD cnsl for plf and cnsl for dft to appear for ; status conference set on 3:00 8/9/00 by Magistrate Judge Brian Q. Robbins (pbap) (Entered: 07/11/2000)

July 11, 2000

July 11, 2000

PACER
80

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Brian Q. Robbins Plf's 4th A/C w/summons; cert as to int ptys rcvd on 7/5/00 are to be fld and processed. (pbap) (Entered: 07/12/2000)

July 11, 2000

July 11, 2000

PACER
81

PROOF OF SERVICE executed upon defendants James Rowland, James H Gomez on 7/17/00 by US Mail by delivering 4th A/C to Sara Turner Esq, California Attorney General & Barbara C Spiegel Esq, Attorney General's Office (ad) (Entered: 07/21/2000)

July 20, 2000

July 20, 2000

PACER
83

ANSWER filed by defendant James Rowland, defendant James Gomez to 4th amended complaint [78-1]; jury demand (pbap) (Entered: 08/09/2000)

Aug. 3, 2000

Aug. 3, 2000

PACER
82

PROOF OF SERVICE executed upon defendant State of CA on 8/1/00 by personal svc by delivering sums, 4th A/C to Silvia Francisco, Legal Analyst auth to accept svc (jp) (Entered: 08/08/2000)

Aug. 7, 2000

Aug. 7, 2000

PACER
150

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Brian Q. Robbins ordering Gomez & Rowland's ans to cmp submitted by defendant James Rowland, defendant James Gomez received on 8/3/00 to be fld and processed; fld date to be the date the doc was stamped "received but not fld" w/the Clerk (pbap) (Entered: 05/03/2002)

Aug. 7, 2000

Aug. 7, 2000

PACER
84

REQUEST by defendant James Rowland, defendant James Gomez for lv to take the depo of plf, a person confined in state prison. (pbap) (Entered: 08/18/2000)

Aug. 16, 2000

Aug. 16, 2000

PACER

ORDER - event converted from ICMS

Aug. 16, 2000

Aug. 16, 2000

PACER

LODGED/PROPOSED ORDER submitted .(FWD TO CRD) (pbap)

Aug. 16, 2000

Aug. 16, 2000

PACER
85

ORDER by Magistrate Judge Brian Q. Robbins declined motion request [84-1] (pbap) (Entered: 08/23/2000)

Aug. 21, 2000

Aug. 21, 2000

PACER
87

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial 2-3 days (pbap) (Entered: 08/25/2000)

Aug. 22, 2000

Aug. 22, 2000

PACER
88

MINUTES: status hrg hld on 8/9/00 by Magistrate Judge Brian Q. Robbins CR: n/a (dmjr) (Entered: 08/25/2000)

Aug. 22, 2000

Aug. 22, 2000

PACER
86

STIPULATED SCHEDULING ORDER by Magistrate Judge Brian Q. Robbins ; discovery ddl set on 12/8/00 ;fur status conference set on 3:00 1/19/01 (pbap) (Entered: 08/25/2000)

Aug. 24, 2000

Aug. 24, 2000

PACER
89

2ND REQUEST by defendant James Gomez, defendant James Rowland for lv to take the depo of plf, a person confined in state prison. (pbap) (Entered: 08/29/2000)

Aug. 25, 2000

Aug. 25, 2000

PACER
90

MINUTES: granting motion request [89-1] ; IN COURT HEARING RE: sched set on 10:30 10/5/00 by Magistrate Judge Brian Q. Robbins**see min ord for addtnl info** (pbap) (Entered: 08/30/2000)

Aug. 30, 2000

Aug. 30, 2000

PACER
92

MINUTES: ; mandatory status conference held Cnsl enter their appearance. For the reasons stated on the record, cnsl are to lodge with the crt a stip re the continuance of the previous dates set. by Magistrate Judge Brian Q. Robbins CR: n/a (shb) (Entered: 01/24/2001)

Jan. 19, 2001

Jan. 19, 2001

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: Feb. 24, 1995

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

California inmate challenged the Department's policy of racially segregating inmates in reception units.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections and Rehabilitation (CDCR), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General:

Racial segregation

Discrimination-basis:

Race discrimination

Race:

Asian/Pacific Islander

Black

White

Type of Facility:

Government-run