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Circuit (Judges Proctor Hug, Jr., Mary M. Schroeder, and A. Wallace Tashima) affirmed the preliminary injunction in an unpublished memorandum disposition.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 attrorneys, see: https://www.courtlistener.com/docket/10430765/parties/calif-first-amend-v-calderon/


Judge(s)

Browning, James Robert (California)

Fisher, Jeffrey L. (California)

Hawkins, Michael Daly (Arizona)

Hug, Procter Ralph Jr. (Nevada)

Pregerson, Dean D. (California)

Schroeder, Tami L (California)

Tashima, Atsushi Wallace (California)

Walker, Vaughn R. (California)

Attorneys(s) for Plaintiff

Coffin, Lynne S. (California)

Evans, Kelli M. (California)

Judge(s)

Browning, James Robert (California)

Fisher, Jeffrey L. (California)

Hawkins, Michael Daly (Arizona)

Hug, Procter Ralph Jr. (Nevada)

Pregerson, Dean D. (California)

Schroeder, Tami L (California)

Tashima, Atsushi Wallace (California)

Walker, Vaughn R. (California)

Attorneys(s) for Plaintiff

Coffin, Lynne S. (California)

Evans, Kelli M. (California)

Fried, David M. (California)

Hersh, Jill (California)

Kass, Michael J. (California)

Ross, Jeffrey Steven (California)

Schlosser, Alan Lawrence (California)

Attorneys(s) for Defendant

Druliner, David P. (California)

Lee, Susan Duncan (California)

Lockyer, Bill (California)

Mayer, Karl S. (California)

Niver, Ronald E. (California)

Patterson, Thomas S. (California)

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

92 F.3d 1191

Aug. 5, 1996

Aug. 5, 1996

Order/Opinion
61

3:96-cv-01291

Order [Granting Motion for Summary Judgment]

California First Amendment Coalition v. Calderon

956 F.Supp. 883

Feb. 28, 1997

Feb. 28, 1997

Order/Opinion

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

138 F.3d 1298

April 28, 1998

April 28, 1998

Order/Opinion

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

150 F.3d 976

July 23, 1998

July 23, 1998

Order/Opinion
116

3:96-cv-01291

Order [Denying Motion for Summary Judgment]

California First Amendment Coalition v. Calderon

88 F.Supp.2d 1083

Jan. 28, 2000

Jan. 28, 2000

Order/Opinion
155

3:96-cv-01291

Opinion [Granting Judgment in Favor of Plaintiffs]

California First Amendment Coalition v. Calderon

2000 WL 33173913

July 26, 2000

July 26, 2000

Order/Opinion

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

299 F.3d 868

Aug. 2, 2002

Aug. 2, 2002

Order/Opinion

Docket

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

Last updated Aug. 29, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link

Received Document

April 9, 1996

April 9, 1996

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

April 9, 1996

April 9, 1996

PACER
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

PACER

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

April 9, 1996

April 9, 1996

PACER

Received Document

April 19, 1996

April 19, 1996

PACER
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

PACER
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

PACER
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

PACER

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

April 19, 1996

April 19, 1996

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Received Document

April 30, 1996

April 30, 1996

PACER
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

PACER

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

April 30, 1996

April 30, 1996

PACER
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

PACER

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

April 30, 1996

April 30, 1996

PACER
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

PACER
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

PACER

Miscellaneous Document

May 1, 1996

May 1, 1996

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

May 1, 1996

May 1, 1996

PACER
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

PACER
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

PACER

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

PACER
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

PACER

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

May 1, 1996

May 1, 1996

PACER

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

May 2, 1996

May 2, 1996

PACER

Notice of Appeal Notification

May 2, 1996

May 2, 1996

PACER
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

PACER
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

PACER

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

May 8, 1996

May 8, 1996

PACER

Notice of Appeal Notification

May 8, 1996

May 8, 1996

PACER
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

PACER

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

PACER

Appeal Record Sent to USCA

July 15, 1996

July 15, 1996

PACER
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

PACER

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

July 23, 1996

July 23, 1996

PACER

ADR Clerk's Notice Setting ADR Phone Conference

July 23, 1996

July 23, 1996

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Received Document

Sept. 26, 1996

Sept. 26, 1996

PACER
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

PACER
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

PACER
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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Received Document

Oct. 11, 1996

Oct. 11, 1996

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER
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

PACER

Miscellaneous Document

March 7, 1997

March 7, 1997

PACER

Docket fee notification form and case information sheet to USCA [63-1] [3:96-cv-01291] (lh, COURT STAFF)

March 7, 1997

March 7, 1997

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

March 7, 1997

March 7, 1997

PACER
63

NOTICE OF APPEAL by defendants from Dist. Court decision order terminating case [62-1], judgment [62-2], order granting plaintiffs' motion for summary judgment [61-1] Fee status $105.00 Paid (Receipt 126580) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/11/1997)

March 7, 1997

March 7, 1997

PACER

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

March 7, 1997

March 7, 1997

PACER
64

ATTACHMENT to Defendants' Notice of Appeal [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/12/1997)

March 11, 1997

March 11, 1997

PACER
65

AMENDED ATTACHMENT C by defendants to Docketing Statement re notice of appeal [63-1]. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/12/1997)

March 11, 1997

March 11, 1997

PACER
66

BILL OF COSTS submitted by Plaintiffs re judgment [62-2] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/19/1997)

March 18, 1997

March 18, 1997

PACER
67

DECLARATION by Paul E. Jahn on behalf of Plaintiffs in support of bill of costs [66-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/19/1997)

March 18, 1997

March 18, 1997

PACER
68

PROOF OF SERVICE by mail by Plaintiff of declaration [67-1], bill of costs [66-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/19/1997)

March 18, 1997

March 18, 1997

PACER

NOTIFICATION by Circuit Court of Appellate Docket Number 97-15493 [3:96-cv-01291] (lh, COURT STAFF)

March 28, 1997

March 28, 1997

PACER

Notice of Appeal Notification

March 28, 1997

March 28, 1997

PACER

COSTS taxed for Plaintiffs Calif First Amend, Society of Professio in the amount of $ 419.75 against Arthur Calderon, James Gomez (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF)

April 10, 1997

April 10, 1997

PACER

Costs Taxed

April 10, 1997

April 10, 1997

PACER

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 1996 - None

Content of Injunction:

Preliminary relief granted

Issues

Type of Facility:

Government-run

Death Penalty:

Lethal Injection - General