Filed Date: Dec. 18, 2007
Closed Date: 2011
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On December 18, 2007, Prison Legal News ("PLN"), a non-profit organization that reports on news and litigation involving detention facilities, filed suit against the California Department of Corrections and Rehabilitation ("CDCR") and its secretary in the California Superior Court for the City and County of Sacramento. The plaintiff sought disclosure of documents under the California Public Records Act, California Government Code, §§ 6250 et seq. The plaintiff requested declaratory and injunctive relief for immediate disclosure of the requested records.
On November 9, 2007, the plaintiff had submitted a Public Record Act request to the respondent in which it requested documents pertaining to torts, overcrowding, and civil rights claims filed against the CDCR. While the Public Records Act mandated disclosure within 10 days, the plaintiff alleged that the defendant did not respond in any way; this suit followed.
In an order from December 23, 2009, the Superior Court (Judge Chang) noted that in the two years the litigation had been pending, the respondents had done nothing of any significance to comply with the request except "to complain that the request is unduly burdensome." The court ordered the the respondents to produce the records by March 1, 2010: specifically, those documents related to "Paid Adult Legal Claims" from 2002-2007 in cases where the CDCR paid out more than $25,000 in settlement or judgment. The respondents claimed that he might not have possession of the final versions of each document and would have to redact the documents for privileged or exempt information. The court ordered production of identifying information, including case numbers, for all 742 cases by February 1, 2010 so that the plaintiff could determine if any of the documents were available online.
By June 10, 2010, the respondents had complied with the court's order for the production of the documents. On September 29, 2010, the parties filed a settlement agreement with the court. All issues of production had been resolved and the parties agreed to dismiss the case with prejudice, with the respondents providing attorney's fees and costs to the petitioner.
Summary Authors
Dan Dalton (12/20/2007)
Samantha Kirby (12/2/2014)
Chelsea Rinnig (3/5/2018)
Chang, Shelleyanne W. L. (California)
Galvan, Ernest (California)
Rifkin, Lori Ellen (California)
Brown, Edmund G. Jr. (California)
Patton, Thomas M (California)
Last updated Dec. 20, 2024, 4:35 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: California
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: Dec. 18, 2007
Closing Date: 2011
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Prison Legal News, a non-profit organization that reports on news and litigation involving detention facilities
Plaintiff Type(s):
Attorney Organizations:
Rosen, Bien, Galvan & Grunfeld
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
California Department of Corrections and Rehabilitation, State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Form of Settlement:
Content of Injunction:
Amount Defendant Pays: 155,000
Issues
General/Misc.: