Case: Castillo v. Alameida

3:94-cv-02847 | U.S. District Court for the Northern District of California

Filed Date: Aug. 9, 1994

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On August 9, 1994, a prisoner at Pelican Bay State Prison (PBSP) filed this lawsuit in the U.S. District Court for the Northern District of California. The prisoner sued the state of California under 42 U.S.C. § 1983. Represented by private counsel, he claimed that the process by which an inmate is identified as a prison gang member or associate was unconstitutionally overbroad under the First Amendment and lacked due process under the Fourteenth Amendment. He also claimed that the physical con…

On August 9, 1994, a prisoner at Pelican Bay State Prison (PBSP) filed this lawsuit in the U.S. District Court for the Northern District of California. The prisoner sued the state of California under 42 U.S.C. § 1983. Represented by private counsel, he claimed that the process by which an inmate is identified as a prison gang member or associate was unconstitutionally overbroad under the First Amendment and lacked due process under the Fourteenth Amendment. He also claimed that the physical conditions of the Security Housing Units (SHU) and the psychological effects of long-term SHU confinement violated the Eighth Amendment. Finally, he challenged his own gang validation, claiming it was the result of retaliation by prison officials for his jailhouse lawyering.

In 1996, the prisoner filed a second lawsuit in the Northern District of California against the California Department of Corrections, docket no. 3:96-cv-00682-MJJ. The documents in that lawsuit are not available to the Clearinghouse, so we don't know what the prisoner was challenging. He then moved to consolidate that lawsuit with this one, which had come first. On June 4, 1996, Judge Claudia Wilken granted the prisoner's motion to consolidate the two cases.

From 1995 to 2000, the parties litigated several motions to dismiss and motions for summary judgment. On May 1, 2001, the defendants filed a motion to dismiss and for summary judgment, which was granted in part and denied in part by the District Court (Judge Martin L. Jenkins) on June 19, 2002. The District Court granted summary judgment as to the Eighth Amendment claim regarding the physical conditions of the SHU, and denied it as to the First Amendment overbreadth and retaliation claims and the Eighth Amendment claim regarding the psychological effects of SHU confinement.

On January 5, 2004, the District Court (Judge Jenkins) partially granted another motion for summary judgment filed by defendants, finding no due process violation except to the extent that the prisoner was denied notice and an opportunity to be heard during the course of his initial validation. Further, the Court granted defendants' motion for summary judgment as to the remaining Eighth Amendment claim, finding no unconstitutional psychological effects of prolonged SHU confinement. The District Court again denied summary judgment with regard to the First Amendment overbreadth and retaliation claims.

The parties reached a settlement in 2004. The key result of the settlement was that a prisoner would not receive an indeterminate SHU term as a validated gang member or associate without first being found to be a current, active gang member or associate consistent with the procedural safeguards in the agreement, and that periodic reviews would be required to determine whether the prisoner remained an active gang member or associate. The California Department of Corrections and Rehabilitation (CDCR) agreed to propose to codify the policy changes agreed upon in the California Code of Regulations and/or the Department Operations Manual (DOM).

Specifically, the settlement provided that, with regard to due process in validations and inactive reviews, the defendants would provide notice and the opportunity to be heard to every prisoner. To this end, the defendants agreed to provide 24-hour notice to each prisoner of the items being considered as part of the determination and to provide a written record of the prisoner's opinion of these items. Further, prison officials would be required to record an "articulable basis" that prisoners were engaging in criminal or unlawful acts on behalf of a prison gang and could not rely on confidential informants unless the informants detailed the exact nature of the prisoner's involvement, without the use of hearsay evidence. The settlement also included a "single source rule," where one gang-related incident could only count as one item of evidence even though it may be reported by multiple sources. Finally, the agreement provided that plaintiff's validation would be reviewed in accordance with the settlement.

After the settlement was filed with the District Court, the case was dismissed with prejudice on November 15, 2004. The Court retained jurisdiction to enforce the settlement, however the plaintiff's counsel agreed to a set procedure for requesting future relief from the court. If the plaintiff's counsel believed that the defendants were not complying with the provisions of the settlement agreement to make policy changes, they would notify the defendants' counsel in writing, meet to discuss the issue, and only then could they ask the court for relief. This process would be unavailable once proposed changes to the policies described in the settlement agreement were internally finalized. No individual inmate can file for relief regarding an inmate's gang validation granted; individual inmate's concerns can only be raised by the plaintiff's counsel as examples of noncompliance. The defendants also agreed to pay $240,000 that would be divided up between the plaintiff and the plaintiff's attorneys as attorneys' fees and costs.

In 2005, inmates began sending letters to the Court reporting violations of the settlement agreement. Inmates sent letters in 2005, 2007, 2008, 2009, 2011, and 2012, but the Court has not responded to any of these letters or investigated the allegations.

Summary Authors

Samantha Kirby (10/6/2014)

Jessica Kincaid (10/30/2015)

People


Judge(s)

Chen, Edward Milton (California)

Jenkins, Martin J. (California)

Attorneys(s) for Plaintiff

Carbone, Charles F.A. (California)

Finberg, James M. (California)

Kruse, Joy A. (California)

Noyes, Graham (California)

Attorneys(s) for Defendant

East, Rochelle C. (California)

Lee, Susan Duncan (California)

Sokoloff, Diann (California)

Valdez, Danette E. (California)

Judge(s)

Chen, Edward Milton (California)

Jenkins, Martin J. (California)

Attorneys(s) for Plaintiff

Carbone, Charles F.A. (California)

Finberg, James M. (California)

Kruse, Joy A. (California)

Noyes, Graham (California)

Attorneys(s) for Defendant

East, Rochelle C. (California)

Lee, Susan Duncan (California)

Sokoloff, Diann (California)

Valdez, Danette E. (California)

Walston, Gregory S. (California)

Wolff, Jonathan L. (California)

Documents in the Clearinghouse

Document

3:96-cv-00682

Docket

Castillo v. Gomez, et al.

June 1, 2004

June 1, 2004

Docket

3:94-cv-02847

Docket

Castillo v. Marshall

Jan. 5, 2012

Jan. 5, 2012

Docket

3:94-cv-02847

Settlement Agreement

Oct. 13, 2004

Oct. 13, 2004

Settlement Agreement

Resources

Docket

Last updated Sept. 1, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Steve M. Castillo for leave to proceed in forma pauperis [3:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 08/10/1994)

Aug. 9, 1994

Aug. 9, 1994

1

COMPLAINT no process of Summons(es) issued; Fee status ifpp entered on 8/9/94 [3:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 08/10/1994)

Aug. 9, 1994

Aug. 9, 1994

2

REQUEST by Plaintiff Steve M. Castillo for consolidation of actions [3:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 08/24/1994)

Aug. 17, 1994

Aug. 17, 1994

3

ORDER by Judge Claudia Wilken of partial dismissal of action and order of service of summons and complaint by U.S. Marhals; petitioner's in forma pauperis application is granted ( Date Entered: 5/15/95) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/15/1995)

May 10, 1995

May 10, 1995

4

REQUEST by Plaintiff Steve M. Castillo for amendment of court order dated 5/10/95 or permission to file an interlocatory appeal on said appeal [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/25/1995)

May 22, 1995

May 22, 1995

5

REQUEST by Plaintiff Steve M. Castillo for order allowing pla to communicate with prisoner witnesses and obtain documents [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/25/1995)

May 22, 1995

May 22, 1995

6

RETURN OF SERVICE executed upon Ca State Attorney General on 6/7/95 [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 06/21/1995)

June 12, 1995

June 12, 1995

7

EX PARTE REQUEST by Plaintiff Steve M. Castillo for order on pending motions and/or requests [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 06/22/1995)

June 19, 1995

June 19, 1995

8

LETTER to Judge Wilken; dated 6/19/95 from Steve M. Castillo re referenced cases [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 06/26/1995)

June 26, 1995

June 26, 1995

9

LETTER to Petitioner Castillo dated 6/29/95 from William Jenkins re discovery request [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 07/05/1995)

June 30, 1995

June 30, 1995

11

MEMORANDUM by defendant in support of motion to dismiss action [10 − 1] [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 07/19/1995)

July 17, 1995

July 17, 1995

12

ORDER by Judge Claudia Wilken extending time to file opp to motion to dismiss until 9/16/95 ( Date Entered: 8/10/95) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 08/10/1995)

Aug. 7, 1995

Aug. 7, 1995

13

APPLICATION by Plaintiff Steve M. Castillo for extension of time to file opp to motion to dismiss [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 08/10/1995)

Aug. 7, 1995

Aug. 7, 1995

14

DECLARATION by Steve Castillo on behalf of Plaintiff Steve M. Castillo re application [13 − 1] [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 08/10/1995)

Aug. 7, 1995

Aug. 7, 1995

15

MOTION by Plaintiff Steve M. Castillo for order directing service on def. Boyll Notice set for [4:94 − cv − 02847] (oh, COURT STAFF) (Entered: 08/31/1995)

Aug. 28, 1995

Aug. 28, 1995

16

EX − PARTE APPLICATION by Plaintiff to continue time to file opposition to motion to dismiss [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 09/12/1995)

Sept. 12, 1995

Sept. 12, 1995

17

SUPPLEMENT TO DECLARATION by Graham Noyes on behalf of Plaintiff re motion to continue time to file opposition to motion to dismiss [16 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 09/14/1995)

Sept. 14, 1995

Sept. 14, 1995

19

MOTION by defendant to stay discovery pending motion to dismiss [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 09/18/1995)

Sept. 14, 1995

Sept. 14, 1995

RECEIVED Order ( defendant) re: [19 − 1] [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 09/18/1995)

Sept. 14, 1995

Sept. 14, 1995

18

ORDER by Judge Claudia Wilken granting motion to continue time to file opposition to motion to dismiss [16 − 1] ( Opposition due by 10/17/95 at 4:00pm) (cc: all counsel) [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 09/18/1995)

Sept. 15, 1995

Sept. 15, 1995

20

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo for appointment of counsel , and and enlargement of time [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 10/13/1995)

Oct. 12, 1995

Oct. 12, 1995

21

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo for weekly phone calls [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 10/25/1995)

Oct. 19, 1995

Oct. 19, 1995

22

ORDER by Judge Claudia Wilken referring case to Federal Pro Bono Project and Appointing counsel Graham Noyes ( Date Entered: 10/30/95) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 10/30/1995)

Oct. 25, 1995

Oct. 25, 1995

23

ORDER by Judge Claudia Wilken that the motion for weekly phone calls [21 − 1] is submitted ( Date Entered: 10/30/95) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 10/30/1995)

Oct. 26, 1995

Oct. 26, 1995

24

OPPOSITION by defendant to plaintiff's weekly phone calls [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 11/07/1995)

Oct. 26, 1995

Oct. 26, 1995

25

REPLY by Plaintiff Steve M. Castillo to dfts' opposition to motion for weekly phone calls [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 11/18/1995)

Nov. 17, 1995

Nov. 17, 1995

26

ORDER by Judge Claudia Wilken granting motion for weekly phone calls [21 − 1] ( Date Entered: 12/1/95) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 12/01/1995)

Nov. 21, 1995

Nov. 21, 1995

27

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo to extend time in which to file plaintiff's opposition to defendant's motion to dismiss, in the event the court denies plaintiff's motion to amend complaint [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 12/13/1995)

Dec. 8, 1995

Dec. 8, 1995

29

MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo for leave to amend the complaint [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 12/13/1995)

Dec. 8, 1995

Dec. 8, 1995

30

MEMORANDUM by Plaintiff Steve M. Castillo in support of motion for leave to amend the complaint [29 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 12/13/1995)

Dec. 8, 1995

Dec. 8, 1995

31

STIPULATION and ORDER by Judge Claudia Wilken : for leave to file amended complaint (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 12/28/1995)

Dec. 18, 1995

Dec. 18, 1995

32

FIRST AMENDED COMPLAINT [1 − 1] by Plaintiff Steve M. Castillo; adding James Gomez, Steven Cambra, C. J. Johnson, T. K. Boyll, J. Donald Olson [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 12/28/1995)

Dec. 18, 1995

Dec. 18, 1995

33

ORDER by Judge Claudia Wilken granting motion for leave to amend the complaint [29 − 1], withdrawing motion to dismiss action [10 − 1]; motion for summary judgment should be filed no later than 1/12/96 ( Date Entered: 12/28/95) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 12/28/1995)

Dec. 18, 1995

Dec. 18, 1995

35

ORDER by Judge Claudia Wilken; re pla's request for amendment of order, pla's request for order re communication with witnesses, pla's motion for service on Byll, and dft's motion to stay discovery (see document for specifics) ( Date Entered: 1/17/96) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 01/17/1996)

Jan. 11, 1996

Jan. 11, 1996

34

RETURN OF SERVICE executed upon defendant Steven Cambra/Dept of Corrections Officer J. Olson on 1/9/96 [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 01/16/1996)

Jan. 12, 1996

Jan. 12, 1996

36

EX − PARTE APPLICATION before Judge Claudia Wilken by defendant Charles D. Marshall, defendant Alan B. Addison, defendant L. Williams, defendant E. S. Rodriguez, defendant C. J. Johnson to extend time in which to file responsivie pleading [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 01/24/1996)

Jan. 19, 1996

Jan. 19, 1996

37

DECLARATION by Diann Sokoloff on behalf of defendants, Marshall, Addison, Johnson, Rodriguez and Williams re motion to extend time in which to file responsivie pleading [36 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 01/24/1996)

Jan. 19, 1996

Jan. 19, 1996

38

ORDER by Judge Claudia Wilken granting motion to extend time in which to file responsivie pleading [36 − 1] to 2/26/96 () (cc: all counsel) [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 02/06/1996)

Feb. 2, 1996

Feb. 2, 1996

39

EX − PARTE APPLICATION before Judge Claudia Wilken by defendant for leave to file oversized brief in support of dfts' motion for dismissal/sumjgm [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

40

DECLARATION by Diann Sokoloff on behalf of defendant re motion for leave to file oversized brief in support of dfts' motion for dismissal/sumjgm [39 − 1] [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

41

DECLARATION by L. Williams on behalf of defendant re declaration [40 − 1] [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

42

DECLARATION by J. Vallooran on behalf of defendant re declaration [40 − 1] [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

43

ORDER by Judge Claudia Wilken granting motion for leave to file oversized brief in support of dfts' motion for dismissal/sumjgm [39 − 1] ( Date Entered: 2/22/96) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 02/22/1996)

Feb. 20, 1996

Feb. 20, 1996

45

DECLARATION by J. Vallooran on behalf of defendant re motion to dismiss action [44 − 1], re motion for summary judgment [44 − 2] [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 02/22/1996)

Feb. 22, 1996

Feb. 22, 1996

46

DECLARATION by L. Williams on behalf of defendant re motion to dismiss action [44 − 1], re motion for summary judgment [44 − 2] [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 02/22/1996)

Feb. 22, 1996

Feb. 22, 1996

47

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo for thirty − day extension of time to serve defendants [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 03/04/1996)

Feb. 23, 1996

Feb. 23, 1996

48

ORDER by Judge Claudia Wilken granting motion for thirty − day extension of time to serve defendants [47 − 1] to 3/21/96 ( Date Entered: 3/4/96) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 03/04/1996)

Feb. 28, 1996

Feb. 28, 1996

49

Notice of motion and MOTION before Judge Claudia Wilken by Plaintiff for enlargement of time to to file response to motion for dismissal/summary judgment [4:94 − cv − 02847] (kc, COURT STAFF) (Entered: 03/12/1996)

March 1, 1996

March 1, 1996

50

Notice of MOTION before Judge Claudia Wilken by defendants to consolidate cases C − 94 − 2487 − CW and C − 96 − 682 − VRW [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 03/12/1996)

March 6, 1996

March 6, 1996

51

MEMORANDUM by defendant in support of motion to consolidate cases C − 94 − 2487 − CW and C − 96 − 682 − VRW [50 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 03/12/1996)

March 6, 1996

March 6, 1996

52

ORDER by Judge Claudia Wilken granting motion for enlargement of time to to file response to motion for dismissal/summary judgment [49 − 1]; response to be filed 4/15/96; reply shall be filed no later than 4/29/96; ( Date Entered: 3/12/96) (cc: all counsel) [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 03/12/1996)

March 6, 1996

March 6, 1996

53

NOTICE by Plaintiff Steve M. Castillo of non − opposition to dfts' motion to consolidate [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 03/22/1996)

March 21, 1996

March 21, 1996

54

NOTICE OF MOTION AND MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo to extend time to serve dft J. Gomez [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 03/22/1996)

March 21, 1996

March 21, 1996

55

ORDER by Assignment Committee relating cases; 4:94 − cv − 2847 with member cases 3:96 − cv − 682 ( Date Entered: 3/22/96) (cc: all counsel) [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 03/22/1996)

March 21, 1996

March 21, 1996

56

MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo for appointment of plaintiff as co − counsel [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 03/29/1996)

March 28, 1996

March 28, 1996

57

LETTER dated 3/27/96 from Diann Sokoloff re request for joinder [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 04/02/1996)

March 28, 1996

March 28, 1996

58

STIPULATION and ORDER by Judge Claudia Wilken re: briefing schedule on motion for appointment of co − counsel and on motion for dismissal/summary judgment : (cc: all counsel) [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 04/26/1996)

April 11, 1996

April 11, 1996

59

MOTION before Judge Claudia Wilken by Plaintiff for leave to to file oversize brief with Notice set for [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/03/1996)

May 2, 1996

May 2, 1996

60

ORDER by Judge Claudia Wilken granting plaintiff's motion for leave to file oversize brief [59 − 1], up to &including 40 pages (Date Entered: 5/6/96) (cc: all counsel) [4:94 − cv − 02847] (mh, COURT STAFF) (Entered: 05/06/1996)

May 3, 1996

May 3, 1996

62

MOTION before Judge Claudia Wilken by Plaintiff Steve M. Castillo to strike declaration of Larry Williams and supporting exhibits [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

63

DECLARATION by Steve M. Castillo on behalf of Plaintiff re: first through fourth causes of action [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

64

DECLARATION by Steve M. Castillo on behalf of Plaintiff re: Fifth cause of action [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

65

DECLARATION by Steve M. Castillo on behalf of Plaintiff re: Sixth cause of action [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

66

DECLARATION by Steve M. Castillo on behalf of Plaintiff re: Eighth and Ninth causes of action [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

67

DECLARATION by Steve M. Castillo on behalf of Plaintiff re: Validation and Debriefing schemes [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

68

DECLARATION by Steve M. Castillo on behalf of Plaintiff re: Fifteenth cause of action [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

69

DECLARATION by Steve M. Castillo on behalf of Plaintiff re: Tenth through Thirteenth causes of action [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

RECEIVED proposed order re motion to strike the declaration of Larry Williams and supporting exhibits submitted by Plaintiff [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

70

OPPOSITION by Plaintiff to motion to dismiss action [44 − 1], motion for summary judgment [44 − 2] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

71

DECLARATION by Graham Noyes on behalf of Plaintiff re opposition [70 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

72

EXHIBITS 1 − 8 of plaintiff's opposition [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

73

NOTICE by Plaintiff of change of address of counsel Graham Noyes, 368 Hayes St., San Francisco, CA 94102 [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

74

MOTION with memorandum in support before Judge Claudia Wilken by Plaintiff for opportunity to conduct discovery pursuant to FRCivP 56(f) and for case management conference pursuant to Civil L.R. 16 − 1(G) [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

RECEIVED proposed order submitted by Plaintiff re: [74 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/07/1996)

May 6, 1996

May 6, 1996

75

REPLY by Plaintiff Steve M. Castillo to opposition to motion for appointment of plaintiff as co − counsel [56 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 05/15/1996)

May 14, 1996

May 14, 1996

76

EX − PARTE APPLICATION before Judge Claudia Wilken by defendant to extend time in which to file reply on pla's opp to dfts' motion to dismiss/summary judgment [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/21/1996)

May 17, 1996

May 17, 1996

77

DECLARATION by Susan Duncan Lee on behalf of defendant Charles D. Marshall re motion to extend time in which to file reply on pla's opp to dfts' motion to dismiss/summary judgment [76 − 1] [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/21/1996)

May 17, 1996

May 17, 1996

78

ORDER by Judge Claudia Wilken granting motion to extend time in which to file reply on pla's opp to dfts' motion to dismiss/summary judgment [76 − 1]; defendants must file their reply on or before May 27, 1996 ( Date Entered: 5/23/96) (cc: all

May 21, 1996

May 21, 1996

80

ERRATA by Plaintiff Steve M. Castillo to First Amended Complaint [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

81

DECLARATION by Steve M. Castillo on behalf of Plaintiff Steve M. Castillo re: first thro fourth causes of action [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

82

DECLARATION by John Quigley on behalf of Plaintiff Steve M. Castillo [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

83

DECLARATION by Rev. L. Vitale, O.F.M., Ph.D. on behalf of Plaintiff Steve M. Castillo re: fifteenth cause of action [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

84

DECLARATION by Steve M. Castillo on behalf of Plaintiff Steve M. Castillo re: fifth cause of action [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

85

DECLARATION by Steve M. Castillo on behalf of Plaintiff Steve M. Castilloo re: tenth thro thirteenth causes of action [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

86

DECLARATION by Steve Castillo on behalf of Plaintiff Steve M. Castillo re: prison gang validation and debriefing scheme [4:94 − cv − 02847] (scottd, COURT STAFF) (Entered: 05/24/1996)

May 24, 1996

May 24, 1996

87

DECLARATION by Tom Easton on behalf of Plaintiff in support of opposition [70 − 1] [4:94 − cv − 02847] (kc, COURT STAFF) (Entered: 05/28/1996)

May 28, 1996

May 28, 1996

88

REPLY by defendant in support of motion to dismiss action [44 − 1] and motion for summary judgment [44 − 2], and in opposition to motion to strike declaration of Larry Williams and supporting exhibits [62 − 1] [4:94 − cv − 02847] (kc, COURT STAFF) (Entered: 05/28/1996)

May 28, 1996

May 28, 1996

89

ORDER by Judge Claudia Wilken granting motion to consolidate cases C − 94 − 2487 − CW and C − 96 − 682 − CW [50 − 1] 4:94 − cv − 2847 with member cases 4:96 − cv − 682 ( Date Entered: 6/7/96) (cc: all counsel) [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 06/07/1996)

June 4, 1996

June 4, 1996

90

CLERK'S NOTICE to counsel forwarding documents [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 06/14/1996)

June 13, 1996

June 13, 1996

91

MOTION with memorandum in support before Judge Claudia Wilken by defendant to dismiss [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 06/17/1996)

June 14, 1996

June 14, 1996

RECEIVED proposeed order granting motion to dismiss submitted by defendants re: [91 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 06/17/1996)

June 14, 1996

June 14, 1996

92

LETTER dated 6/16/96 from Steve M. Castillo re: opposing counsel [4:94 − cv − 02847] (kk, COURT STAFF) (Entered: 06/21/1996)

June 21, 1996

June 21, 1996

93

OPPOSITION by Plaintiff Steve M. Castillo to motion to dismiss [91 − 1] and supporting memo of points and authorities [4:94 − cv − 02847] (bt, COURT STAFF) (Entered: 07/01/1996)

July 1, 1996

July 1, 1996

94

PROOF OF SERVICE by Plaintiff Steve M. Castillo of opposition [93 − 1] [4:94 − cv − 02847] (bt, COURT STAFF) (Entered: 07/01/1996)

July 1, 1996

July 1, 1996

95

REPLY by defendants to opposition to motion to dismiss [91 − 1] [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

96

ORDER by Judge Claudia Wilken granting attorney's request for payment of expenses pursuant to the Guideline of the Federal Pro Bono Project ( Date Entered: 7/31/96) (cc: all counsel) [4:94 − cv − 02847] (cp, COURT STAFF) (Entered:

July 25, 1996

July 25, 1996

98

MOTION by Weldon Wiggins before Judge Claudia Wilken for class member intervention [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 08/27/1996)

Aug. 22, 1996

Aug. 22, 1996

99

ADDENDUM TO OPPOSITION by Plaintiff to defendants' motion for dismissal [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 08/27/1996)

Aug. 27, 1996

Aug. 27, 1996

100

ORDER by Judge Claudia Wilken denying motion to relate or consolidate cases [98 − 1] ( Date Entered: 9/17/96) (cc: all counsel) [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 09/17/1996)

Sept. 6, 1996

Sept. 6, 1996

101

MOTION before Judge Claudia Wilken by defendant for stay of discovery pending disposition of their motion for dismissal/summary judgment [4:94 − cv − 02847] (cp, COURT STAFF) (Entered: 09/26/1996)

Sept. 24, 1996

Sept. 24, 1996

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

California's Prisoners' Rights Bar article

Solitary confinement

Key Dates

Filing Date: Aug. 9, 1994

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A prisoner at Pelican Bay State Prison

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 240,000

Order Duration: 2004 - 0

Content of Injunction:

Recordkeeping

Implement complaint/dispute resolution process

Issues

General:

Administrative segregation

Classification / placement

Conditions of confinement

Records Disclosure

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run