Case: California First Amendment Coalition v. California Department of Correction

3:96-cv-01291 | U.S. District Court for the Northern District of California

Filed Date: April 9, 1996

Closed Date: June 17, 2003

Clearinghouse coding complete

Case Summary

In 1996, nonprofit organizations whose members include journalists (California First Amendment Coalition and Society of Professional Journalists, Northern California Chapter), represented by the ACLU of Northern California and private counsel, sued officials at the San Quentin Prison and California Department of Corrections in the United States District Court for the Northern District of California. Plaintiffs challenged a regulation barring public viewing of lethal injection execution procedu…

In 1996, nonprofit organizations whose members include journalists (California First Amendment Coalition and Society of Professional Journalists, Northern California Chapter), represented by the ACLU of Northern California and private counsel, sued officials at the San Quentin Prison and California Department of Corrections in the United States District Court for the Northern District of California. Plaintiffs challenged a regulation barring public viewing of lethal injection execution procedures prior to the actual administration of the lethal injection, arguing that the regulation violated the First Amendment.

On May 1, 1996, the District Court (Judge Vaughn R. Walker) entered a preliminary injunction prohibiting defendants from preventing observations of executions. On August 5, 1996, the Court of Appeals for the Ninth Circuit (Judges Proctor Hug, Jr., Mary M. Schroeder, and A. Wallace Tashima) affirmed the preliminary injunction in an unpublished memorandum disposition. Cal. First Amend. Coalition v. Calderon, 92 F.3d 1191, 1996 WL 442471 (9th Cir. 1996).

On February 27, 1997, the District Court granted plaintiffs' motion for summary judgment. Cal First Amend. Coalition v. Calderon, 956 F.Supp. 883 (N.D. Cal. 1997). Defendants appealed. On July 23, 1998, the Court of Appeals reversed and remanded for determination of whether the plaintiffs had produced sufficient evidence to show that the prison regulation was an exaggerated response to the defendants' security and safety concerns. Cal. First Amend. Coalition v. Calderon, 150 F.3d 976 (9th Cir. 1998).

On remand, the District Court heard evidence regarding defendants' security concerns and the reasonableness of the regulation in addressing them. On July 26, 2000, the District Court permanently enjoined the defendants from preventing viewing of the execution procedures. Cal. First Amend. Coalition v. Woodford, No. C-9601291-VRW, 2000 WL 33173913 (N.D. Cal. 2000). Defendants appealed again.

On August 2, 2002, the Court of Appeals (Judges Myron H. Bright, Betty B. Fletcher, and Raymond C. Fisher) affirmed. Writing for the court, Judge Fisher held that the public enjoys a First Amendment right to view executions, and that the prison regulation impermissibly restricted this right. Cal. First Amend. Coalition v. Woodford, 299 F.3d 868 (9th Cir. 2002).

Summary Authors

Chris Sullivan (7/28/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10430765/parties/calif-first-amend-v-calderon/


Judge(s)

Browning, James Robert (California)

Fisher, Jeffrey L. (California)

Attorney for Plaintiff

Coffin, Lynne S. (California)

Evans, Kelli M. (California)

Attorney for Defendant

Druliner, David P. (California)

show all people

Documents in the Clearinghouse

Document

3:96-cv-01291

3:96−cv−01291−VRW

California First Amendment Coalition v. Calderon

Feb. 15, 2005

Feb. 15, 2005

Docket

3:96-cv-01291

96-15798

Memorandum [Affirming Preliminary Injunction]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

Aug. 5, 1996

Aug. 5, 1996

Order/Opinion

92 F.3d 1191

61

3:96-cv-01291

Order [Granting Motion for Summary Judgment]

California First Amendment Coalition v. Calderon

Feb. 28, 1997

Feb. 28, 1997

Order/Opinion

956 F.Supp. 883

3:96-cv-01291

97-15493

Opinion [USCA Reversing and Remanding to District Court]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

April 28, 1998

April 28, 1998

Order/Opinion

138 F.3d 1298

97-15493

Order [USCA Reversing and Remanding to District Court]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

July 23, 1998

July 23, 1998

Order/Opinion

150 F.3d 976

116

3:96-cv-01291

Order [Denying Motion for Summary Judgment]

California First Amendment Coalition v. Calderon

Jan. 28, 2000

Jan. 28, 2000

Order/Opinion

88 F.Supp.2d 1083

155

3:96-cv-01291

Opinion [Granting Judgment in Favor of Plaintiffs]

California First Amendment Coalition v. Calderon

July 26, 2000

July 26, 2000

Order/Opinion

2000 WL 33173913

3:96-cv-01291

00-16752

Opinion [USCA Affirming Permanent Injunction]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

Aug. 2, 2002

Aug. 2, 2002

Order/Opinion

299 F.3d 868

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10430765/calif-first-amend-v-calderon/

Last updated April 6, 2025, 4:09 p.m.

ECF Number Description Date Link Date / Link

RECEIVED − Request for Judicial Notice and Order ( Plaintiff) [3:96−cv−01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

Received Document

April 9, 1996

April 9, 1996

1

COMPLAINT Summons(es) issued; Fee status pd entered on 4/9/96 in the amount of $ 120.00 ( Receipt No. 120906) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

2

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Pilot) by Judge Vaughn R. Walker : Proof of service to be filed by 5/24/96 ; counsels' case management statement to be filed by 8/6/96 ; initial case management conference will be held 9:00 8/16/96 . (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

3

ORDER by Judge Vaughn R. Walker GRANTING motion to shorten time for service and hearing of motion for a prelimnary injunction [3-1] ( Date Entered: 4/9/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

4

CERTIFICATION by Plaintiffs in support of motion to shorten time for service and hearing of motion for a prelimnary injunction [3-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

5

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Vaughn R. Walker by Plaintiff for preliminary injunction with Notice set for 4/30/96 at 10:00am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

6

DECLARATIONS by Jason Beaubien, Terry Francke, Mark Hedlund, Dennis McCarthy, Anthony Moor, James W.L.Park, Michael L. Radelet, Michael Roquemore and Peter Y. Sussman on behalf of Plaintiffs in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

RECEIVED - Request for Judicial Notice and Order ( Plaintiff) [3:96-cv-01291] (lh, COURT STAFF)

April 9, 1996

April 9, 1996

7

PLAINTIFF'S EXHIBITS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

April 9, 1996

April 9, 1996

RECEIVED (Proposed) Order ( Plaintiffs) re: [5-1] [3:96-cv-01291] (lh, COURT STAFF)

April 9, 1996

April 9, 1996

RECEIVED (Proposed) Order ( defendants) re: Counter−motion [9−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 04/19/1996)

April 19, 1996

April 19, 1996

Received Document

April 19, 1996

April 19, 1996

8

ANSWER by defendants to complaint [1-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

April 19, 1996

April 19, 1996

9

NOTICE OF COUNTER-MOTION AND COUNTER-MOTION by defendants for judgment on the pleadings with Notice set for 4/30/96 at 10:00am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

April 19, 1996

April 19, 1996

10

MEMORANDUM by defendants in support of counter-motion for judgment on the pleadings [9-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

April 19, 1996

April 19, 1996

RECEIVED (Proposed) Order ( defendants) re: Counter-motion [9-1] [3:96-cv-01291] (lh, COURT STAFF)

April 19, 1996

April 19, 1996

11

MEMORANDUM by defendants in opposition to motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

April 19, 1996

April 19, 1996

12

DECLARATION by Lawrence Hodges and Arthur Calderon on behalf of defendants in support of opposition memorandum [11-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

April 19, 1996

April 19, 1996

13

REPLY MEMORANDUM by Plaintiff in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

April 24, 1996

April 24, 1996

14

OPPOSITION by Plaintiffs to Defendants' motion for judgment on the pleadings [9-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

April 24, 1996

April 24, 1996

15

REPLY DECLARATIONS by Alan B. Steinbach, Ph.D., M.D. and Lonny Shavelson, M.D. on behalf of Plaintiffs in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

April 24, 1996

April 24, 1996

16

PROOF OF SERVICE by Plaintiffs of declarations [15-1], opposition [14-1], reply [13-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

April 24, 1996

April 24, 1996

17

CLERK'S NOTICE setting hearing on motion for judgment on the pleadings [9-1] 10:00 5/1/96, setting hearing on motion for preliminary injunction [5-1] 10:00 5/1/96 [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/29/1996)

April 24, 1996

April 24, 1996

21

ORDER by Judge Vaughn R. Walker : Parties shall file briefs which address questions re public right to view executions no later than 4/30/96. ( Date Entered: 5/1/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

April 26, 1996

April 26, 1996

RECEIVED − Amended Request for Judicial Notice, Order ( Plaintiffs) [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

RECEIVED (Proposed) Order (Plaintiffs) re: [5−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

Received Document

April 30, 1996

April 30, 1996

18

SUPPLEMENTAL MEMORANDUM by Plaintiff Re Historical Practices in support of preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) Modified on 05/01/1996 (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

RECEIVED - Amended Request for Judicial Notice, Order ( Plaintiffs) [3:96-cv-01291] (lh, COURT STAFF)

April 30, 1996

April 30, 1996

19

SUPPLEMENTAL EXHIBITS in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

RECEIVED (Proposed) Order (Plaintiffs) re: [5-1] [3:96-cv-01291] (lh, COURT STAFF)

April 30, 1996

April 30, 1996

20

PROOF OF SERVICE by Plaintiffs of order received [0-0], order received [0-0], exhibits [19-1], supplemental memorandum [18-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

22

MEMORANDUM IN RESPONSE by defendants to court's order re briefing on public access to executions [21-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

April 30, 1996

April 30, 1996

Docket fee notification form and case information sheet to USCA [25−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

Copy of notice of appeal and docket sheet to all counsel [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

Miscellaneous Document

May 1, 1996

May 1, 1996

Transmission of Notice of Appeal and Docket Sheet to USCA

May 1, 1996

May 1, 1996

23

MINUTES: ( C/R Catherine Jones) GRANTING motion for preliminary injunction [5-1] ; GRANTING Request for Stay until 12 noon, 5/2/96. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

24

ORDER by Judge Vaughn R. Walker GRANTING motion for preliminary injunction [5-1] ; Injunction shall remain in effect until further order by the court (See Order for information) ( Date Entered: 5/1/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

Docket fee notification form and case information sheet to USCA [25-1] [3:96-cv-01291] (lh, COURT STAFF)

May 1, 1996

May 1, 1996

25

NOTICE OF APPEAL by defendants from Dist. Court decision order [24-1] Fee status Paid; receipt 121296 [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

May 1, 1996

May 1, 1996

Copy of notice of appeal and docket sheet to all counsel [3:96-cv-01291] (lh, COURT STAFF)

May 1, 1996

May 1, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96−15798 [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/02/1996)

May 2, 1996

May 2, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96-15798 [3:96-cv-01291] (lh, COURT STAFF)

May 2, 1996

May 2, 1996

Notice of Appeal Notification

May 2, 1996

May 2, 1996

26

AMENDED PROOF OF SERVICE by Plaintiffs of service [20-1], order received [0-0], order received [0-0], supplemental exhibits [19-1], supplemental memorandum [18-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/03/1996)

May 2, 1996

May 2, 1996

27

REPORTER'S TRANSCRIPT; Date of proceedings: 5/1/96 ( C/R: Catherine Jones) minutes [23-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/06/1996)

May 3, 1996

May 3, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96−15798 [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/09/1996)

May 8, 1996

May 8, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96-15798 [3:96-cv-01291] (lh, COURT STAFF)

May 8, 1996

May 8, 1996

Notice of Appeal Notification

May 8, 1996

May 8, 1996

28

CLERK'S NOTICE of ADR Phone Conference set 7/23/96 at 9:00am [3:96-cv-01291] (ga, COURT STAFF) (Entered: 07/09/1996)

July 5, 1996

July 5, 1996

RECORD on Appeal to USCA, cnsl notified. re appeal [25−1] via certified mail − No. Z 106 219 007 (1 folder, 2 expandos) [3:96−cv−01291] (lh, COURT STAFF) (Entered: 07/15/1996)

July 15, 1996

July 15, 1996

RECORD on Appeal to USCA, cnsl notified. re appeal [25-1] via certified mail - No. Z 106 219 007 (1 folder, 2 expandos) [3:96-cv-01291] (lh, COURT STAFF)

July 15, 1996

July 15, 1996

Appeal Record Sent to USCA

July 15, 1996

July 15, 1996

29

RECEIPT from USCA - acknowlegment of file received (95-15798) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

Telephone conference with ADR director :MRA [3:96−cv−01291] (mra, COURT STAFF) (Entered: 07/23/1996)

July 23, 1996

July 23, 1996

Telephone conference with ADR director :MRA [3:96-cv-01291] (mra, COURT STAFF)

July 23, 1996

July 23, 1996

ADR Clerk's Notice Setting ADR Phone Conference

July 23, 1996

July 23, 1996

30

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 08/07/1996)

Aug. 5, 1996

Aug. 5, 1996

31

NOTICE by Plaintiff of association of attorney David M. Fried [3:96-cv-01291] (lh, COURT STAFF) (Entered: 08/07/1996)

Aug. 6, 1996

Aug. 6, 1996

32

MINUTES: (C/R Not-Reported) Status/Case Management Conference - held; cross-motions for summary judgment will be heard by 10:30 11/1/96 ; [3:96-cv-01291] (lh, COURT STAFF) (Entered: 08/19/1996)

Aug. 16, 1996

Aug. 16, 1996

33

CERTIFIED COPY of judgment from USCA AFFIRMING the decision of the District Court [25-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996

Aug. 30, 1996

34

CLERK's letter spreading the mandate to counsel. re appeal [25-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/03/1996)

Aug. 30, 1996

Aug. 30, 1996

35

ORDER by Judge Vaughn R. Walker Cross motions for summary judgment shall be filed for hearing on 11/1/96 at 10:30am ( Date Entered: 9/17/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/17/1996)

Sept. 16, 1996

Sept. 16, 1996

RECEIVED −[Proposed] Decision and Order (Plaintiffs) re: motion for summary judgment [36−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

Received Document

Sept. 26, 1996

Sept. 26, 1996

36

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Vaughn R. Walker by Plaintiffs for summary judgment, and for permanent injunction with Notice set for 11/1/96 at 10:30am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

37

DECLARATIONS by Jason Beaubien, Randy Groves, Nancy Osborne and Sheriff Tom Sawyer on behalf of Plaintiffs in support of motion for summary judgment [36-1], and motion for permanent injunction [36-2] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

38

SECOND REQUEST FOR JUDICIAL NOTICE by Plaintiffs [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

RECEIVED -[Proposed] Decision and Order (Plaintiffs) re: motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF)

Sept. 26, 1996

Sept. 26, 1996

39

PROOF OF SERVICE by Plaintiffs of request [38-1], order received [0-0], declaration [37-1], motion for summary judgment [36-1], motion for permanent injunction [36-2] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

40

NOTICE OF MOTION AND MOTION before Judge Vaughn R. Walker by defendants for judgment on the pleadings with Notice set for 11/1/96 at 10:30am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

41

NOTICE OF MOTION AND MOTION before Judge Vaughn R. Walker by defendant for summary judgment with Notice set for 11/1/96 at 10:30am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

42

MEMORANDUM by defendants in support of motion for summary judgment [41-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

43

EXHIBITS in support of defendants' motion for summary judgment [41-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

Sept. 26, 1996

Sept. 26, 1996

RECEIVED [Proposed] Order (defendants) re: denying motion for summary judgment [36−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

Received Document

Oct. 11, 1996

Oct. 11, 1996

44

OBJECTIONS by Plaintiffs to declarations submitted in support of defendants' cross-motion for summary judgment [41-1], declaration of Arthur Calderon [12-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

45

OPPOSITION by Plaintiffs to defendants' motion for summary judgment [41-1], motion for judgment on the pleadings [40-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

46

DECLARATION by Kelli M. Evans on behalf of Plaintiffs in support of opposition [45-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

47

OPPOSITION by defendants to second request for judicial notice [38-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

48

MEMORANDUM by defendants in opposition to plaintiff's motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

49

DEFENDANTS' EXHIBITS in support of opposition [47-1] to plaintiff's motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

50

DECLARATION AUTHENTICATING exhibits [49-1] in support of defendant's opposition [47-1], to plaintiff's motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

RECEIVED [Proposed] Order (defendants) re: denying motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF)

Oct. 11, 1996

Oct. 11, 1996

51

RECORD ON APPEAL RETURNED FROM USCA [25-1] - 1 folder, two expandos. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/18/1996)

Oct. 18, 1996

Oct. 18, 1996

52

REPLY MEMORANDUM by Plaintiffs in support of their motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

Oct. 18, 1996

Oct. 18, 1996

53

AMENDED REQUEST FOR JUDICIAL NOTICE by Plaintiffs [38-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

Oct. 18, 1996

Oct. 18, 1996

54

REPLY by defendants to opposition to motion for summary judgment [41-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

Oct. 18, 1996

Oct. 18, 1996

55

RESPONSE by defendants to plaintiff's objections to declarations of defendant [44-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

Oct. 18, 1996

Oct. 18, 1996

56

ORDER by Judge Vaughn R. Walker parties are directed to file and serve supplemental memoranda re cross-motions for summary judgment no later than 10/31/96 ( Date Entered: 10/24/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/24/1996)

Oct. 23, 1996

Oct. 23, 1996

57

PLAINTIFFS' SUPPLEMENTAL MEMORANDUM RE: Scope of witness observation required by Penal Code Section 3605 pursuant to order [56-2] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 11/01/1996)

Oct. 31, 1996

Oct. 31, 1996

58

DEFENDANTS' MEMORANDUM RE: Penal Code 3605 in support of motion for summary judgment [41-1] pursuant to order [56-2]. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 11/01/1996)

Oct. 31, 1996

Oct. 31, 1996

59

MINUTES: (C/R Leo Mankiewicz) that the motion for judgment on the pleadings [40-1] is submitted, that the motion for summary judgment [36-1] is submitted, that the motion for permanent injunction [36-2] is submitted [3:96-cv-01291] (lh, COURT STAFF) (Entered: 11/05/1996)

Nov. 1, 1996

Nov. 1, 1996

60

CLERK'S NOTICE re ADR phone conference scheduled for 1/14/97 at 9:00am [3:96-cv-01291] (jm, COURT STAFF) (Entered: 12/27/1996)

Dec. 27, 1996

Dec. 27, 1996

61

ORDER by Judge Vaughn R. Walker GRANTING plaintiff's motion for summary judgment [36-1]. Defendants are directed to allow the witnesses to executions by lethal injection to view the procedure at least from the point in time just prior to the condemned being immobilized, that is strapped to the gurney or other apparatus of death, until the point in time just after the prisoner dies. (Date Entered: 3/4/97) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/04/1997)

Feb. 28, 1997

Feb. 28, 1997

62

JUDGMENT: In accordance with this court's order of 2/28/97 [61-1], plaintiff's motion for summary judgment is GRANTED ; terminating case ; appeal filing ddl 4/3/97 (Date Entered: 3/4/97) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/04/1997)

March 3, 1997

March 3, 1997

Docket fee notification form and case information sheet to USCA [63−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 03/11/1997)

March 7, 1997

March 7, 1997

Copy of notice of appeal and docket sheet to all counsel [3:96−cv−01291] (lh, COURT STAFF) (Entered: 03/11/1997)

March 7, 1997

March 7, 1997

Case Details

State / Territory:

California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 9, 1996

Closing Date: June 17, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nonprofit organizations whose members included journalists who attended and reported on state executions challenging regulation barring public viewing of lethal injection execution procedures prior to actual administration of the lethal injection

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

San Quentin State Prison (San Quentin ), State

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Northern District of California 3:96-cv-01291

U.S. Court of Appeals for the Ninth Circuit 96-15798

U.S. Court of Appeals for the Ninth Circuit 97-15493

U.S. Court of Appeals for the Ninth Circuit 00-16752

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Death Penalty:

Lethal Injection - General