Case: Prison Legal News v. Tilton

07-883573 | California state trial court

Filed Date: Dec. 18, 2007

Closed Date: 2011

Clearinghouse coding complete

Case Summary

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 injuncti…

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)

People


Judge(s)

Chang, Shelleyanne W. L. (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Rifkin, Lori Ellen (California)

Rosen, Sanford Jay (California)

Walczak, Kenneth M. (California)

Whelan, Amy E. (California)

Attorneys(s) for Defendant

Brown, Edmund G. Jr. (California)

Woods, Douglas J. (California)

Other Attorney(s)

Active

Expert/Monitor/Master

Tebrock, Katherine (California)

Judge(s)

Chang, Shelleyanne W. L. (California)

Attorneys(s) for Plaintiff

Galvan, Ernest (California)

Rifkin, Lori Ellen (California)

Rosen, Sanford Jay (California)

Walczak, Kenneth M. (California)

Whelan, Amy E. (California)

Attorneys(s) for Defendant

Brown, Edmund G. Jr. (California)

Woods, Douglas J. (California)

Other Attorney(s)

Wright, Paul (Washington)

Expert/Monitor/Master

Tebrock, Katherine (California)

Documents in the Clearinghouse

Document

07-883573

Docket

Prison Legal News v. James Tilton

U. S. Court of Appeals for the Ninth Circuit

Jan. 27, 2011

Jan. 27, 2011

Docket

34-2007-00893573-CU-PT-GD

Verified Petition for Injunctive and Declaratory Relief

Dec. 18, 2007

Dec. 18, 2007

Complaint

07-883573

Order Directing Disclosure of Public Records

Prison Legal News v. Tilton

Dec. 23, 2009

Dec. 23, 2009

Order/Opinion

07-883573

Settlement Agreement and Stipulation re Petitioner's Entitlement to Attorney's Fees

Aug. 29, 2010

Aug. 29, 2010

Settlement Agreement

Resources

Docket

Last updated Aug. 1, 2022, 3:02 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

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):

Private Plaintiff

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):

Corrections

Case Details

Causes of Action:

State law

Availably Documents:

Complaint (any)

Monetary Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: 155,000

Content of Injunction:

Required disclosure

Issues

General:

Records Disclosure

Type of Facility:

Government-run