Case: Cruz v. County of Fresno

1:93-cv-05070 | U.S. District Court for the Eastern District of California

Filed Date: March 23, 1993

Clearinghouse coding complete

Case Summary

On March 23, 1993, plaintiffs, a class of prisoners incarcerated at the Fresno County Jail, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of California, Sacramento Division. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, alleging violations of their First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights by the Fresno County Jail. Specifically, plaintiffs claimed that the overcrowding due to construc…

On March 23, 1993, plaintiffs, a class of prisoners incarcerated at the Fresno County Jail, filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Eastern District of California, Sacramento Division. The plaintiffs, represented by private counsel, sought declaratory and injunctive relief, alleging violations of their First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights by the Fresno County Jail. Specifically, plaintiffs claimed that the overcrowding due to construction and simple overcrowding made the conditions in the jail unconstitutional under the Eighth Amendment and the Fourteenth Amendment, and led to deprivation of their other constitutional rights.

The Fresno County Jail is split into three parts: The Main Jail, the North Annex, and the South Annex. At the time plaintiffs made their complaint, the third and fourth floors of the South Annex were being remodeled, requiring jail staff to relocate 434 inmates that were housed there to the North Annex and the Main Jail, leading to severe overcrowding.

As a result, the prison also restricted access to exercise, recreation, religious activities, and the law library. Prisoners were allowed one hour per week for legal research, and two trips per week to a facility that doubled as a space for religious activities. The exercise space was also alleged to not contain enough equipment or room for plaintiffs to adequately exercise.

The plaintiffs alleged that the South Annex, rated for 511 prisoners, was housing over 700. The plaintiffs also alleged that 300 prisoners were sleeping on the floor in the Main Jail, in the common areas, and that the solitary confinement unit had 3 prisoners per cell. They also alleged that the North Annex had 200 prisoners that slept on the floor.

On February 25, 1993, the plaintiffs filed a motion for a temporary restraining order that would require the defendants to add beds and ensure that no prisoner slept on the floor, and allow compliance monitoring.

On March 9, 1993, the defendants admitted the class status of the plaintiffs and agreed that they currently were exceeding their capacity in the jail system, but denied that it was unconstitutionally overcrowded. However, before the Court could rule on the TRO and the certification motion, the parties reached a consent decree.

On May 25, 1993, the consent decree was modified to give more detail concerning the exact number of beds in each cell block in each facility, and to give the Sheriff the power to release or to refuse to house prisoners when the jail system was at 90% capacity.

On November 3, 1993, the consent decree was again modified to reflect transition of the housing in the jail under a state pilot program into a triple-bunked "general population," double-bunked "special population," and single-bunked "administrative segregation" scheme. The consent decree specifically reserved the issues of law library access and adequacy of exercise for trial.

On February 25, 1994, the parties settled the outstanding recreational issues, providing for one-hour of exercise a day, and up to 20 hours a month, with 1.5 hours being roof-recreation. A few months later, the Court entered a final order approving the settlement agreement and placing the Fresno County Jail under a permanent injunction.

On July 14, 2011, the Fresno County Superior Court filed a motion to intervene in the case. The state court system alleged that, because the Fresno County Jail had closed two floors, the consent decree could not be maintained, and the ability to sentence defendants consistent with California law had been adversely affected.

On December 5, 2011, the defendants and plaintiffs reached another consent decree clarifying the meaning of the word "capacity" in the original consent decree rendering the defendant-intervenor's contentions moot. The Court thereafter denied the State Court's motion to intervene as moot.

This case is still open because of the permanent injunction running against the Fresno County Jail. The plaintiffs also moved for attorney fees, though the Court denied the motion on May 31, 2012. As of January 31, 2018, there has not been any new meaningful litigation.

Summary Authors

Blase Kearney (6/18/2012)

Maurice Youkanna (7/5/2014)

Related Cases

Mims v. County of Fresno, California state trial court (2010)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5886775/parties/pc-cruz-v-fresno/


Judge(s)

England, Morrison C. Jr. (California)

Hollows, Gregory G. (California)

Moulds, John F. (California)

O'Neill, Lawrence Joseph (California)

Attorneys(s) for Plaintiff

Campbell, Catherine (California)

Comiskey, Paul Wayne (California)

Herman, Richard P. (California)

Linden, Michael Robert (California)

Long, Michael Donald (California)

Attorneys(s) for Defendant

Briggs, Kevin Burke (California)

Judge(s)

England, Morrison C. Jr. (California)

Hollows, Gregory G. (California)

Moulds, John F. (California)

O'Neill, Lawrence Joseph (California)

Attorneys(s) for Plaintiff

Campbell, Catherine (California)

Comiskey, Paul Wayne (California)

Herman, Richard P. (California)

Linden, Michael Robert (California)

Long, Michael Donald (California)

Attorneys(s) for Defendant

Briggs, Kevin Burke (California)

Hagar, John H. Jr. (California)

Merritt, John Wesley (California)

Other Attorney(s)

Borchers, Stephanie Hamilton (California)

Fischbach, Donald Rowland (California)

Documents in the Clearinghouse

Document

1:93-cv-05070

Docket

Oct. 21, 1993

Oct. 21, 1993

Docket
1

1:93-cv-05070

Complaint for Declaratory and Injunctive Relief

Feb. 5, 1993

Feb. 5, 1993

Complaint
3

1:93-cv-05070

First Amended Complaint for Declaratory and Injunctive Relief

Feb. 18, 1993

Feb. 18, 1993

Complaint

1:93-cv-05070

Application for Temporary Restraining Order and Ancillary Relief; Memorandum and Declarations

Feb. 25, 1993

Feb. 25, 1993

Pleading / Motion / Brief

1:93-cv-05070

Order

March 8, 1993

March 8, 1993

Order/Opinion
11

1:93-cv-05070

Points and Authorities in Opposition to Temporary Restraining Order and/or Preliminary Injunction

March 15, 1993

March 15, 1993

Pleading / Motion / Brief
10

1:93-cv-05070

Answer to First Amended Complaint for Declaratory and Injunctive Relief

March 15, 1993

March 15, 1993

Pleading / Motion / Brief
17

1:93-cv-05070

Second Amended Complaint for Declaratory and Injunctive Relief

March 23, 1993

March 23, 1993

Complaint

1:93-cv-05070

Stipulation and Order RE: Preliminary Injunction

April 15, 1993

April 15, 1993

Settlement Agreement
24

1:93-cv-05070

Transcript of Proceedings

Cruz v. City of Fresno

June 4, 1993

June 4, 1993

Transcript

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5886775/pc-cruz-v-fresno/

Last updated Aug. 2, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT before Chief Judge Robert E Coyle; referred to Magistrate John F Moulds; Summons issued; fee status paid; Receipt # 143018; Notice re: Consent forms (old) (Entered: 02/09/1993)

Feb. 5, 1993

Feb. 5, 1993

46

ORDER re 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 filed by Fresno County Superior Court, signed by District Judge Lawrence J. O'Neill on 8/1/2011.(Objection Deadline: 8/15/2011) (Martin-Gill, S)

Aug. 1, 2011

Aug. 1, 2011

RECAP
2

NOTICE by court that this action has been referred to Magistrate John F Moulds for all pretrial matters ( cc: all counsel) (old) (Entered: 02/09/1993)

Feb. 9, 1993

Feb. 9, 1993

65

ORDER TO RESET BRIEFING SCHEDULE (re 44 Motion to Intervene), Signed by District Judge Lawrence J. O'Neill on 8/19/2011. The hearing on the above motion is reset to 9/30/2011 at 1:30 PM in Courtroom 4 before District Judge Lawrence J. O'Neill. (Arellano, S.)

Aug. 19, 2011

Aug. 19, 2011

RECAP
71

ORDER RE: FURTHER BRIEFING signed by District Judge Lawrence J. O'Neill on September 20, 2011. Hearing set for 9/30/2011 at 01:00 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. NOTE: NEW TIME 1:00PM. (Munoz, I)

Sept. 20, 2011

Sept. 20, 2011

RECAP
3

AMENDED COMPLAINT [1−1] by plaintiffs; parties Roger D Hausman, Charles Wilcox, Rebecca Montero−Salcedo, Anthony Sherwood and Richard Ruiz ADDED (old) (Entered: 02/19/1993)

Feb. 18, 1993

Feb. 18, 1993

4

ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants County of Fresno and Steve Magarian on 2/9/93 (old) (Entered: 02/19/1993)

Feb. 18, 1993

Feb. 18, 1993

83

ORDER signed by Judge Morrison C. England, Jr on 11/15/2011 ORDERING 81 Request to appear telephonically at Motion to Intervene by Fresno County is GRANTED. Deputy County Counsel Michael R. Linden shall make a telephonic appearance at the hearing for the Motion to Intervene scheduled for 2:00 p.m. on 11/17/2011.(Waggoner, D)

Nov. 15, 2011

Nov. 15, 2011

RECAP
89

ORDER re 87 Stipulation and Proposed Order filed by Fresno County signed by Judge Morrison C. England, Jr on 11/30/11; The request of defendants COUNTY OF FRESNO and MARGARET MIMS,Fresno County Sheriff (hereinafter "Defendants"), for thei r co-counsel, Deputy CountyCounsel Michael R. Linden to make a telephonic appearance at the status conference for the motion to intervene of the Fresno County Superior Court, scheduled for 10:00 a.m. on Thursday, December 1, 2001 in Courtroom 7 of the above-captioned court, came before the court through an ex parte submission on November 23, 2011. After receiving and reviewing Defendants' request, the Court hereby orders that this request is GRANTED.(Matson, R)

Nov. 30, 2011

Nov. 30, 2011

RECAP
5

MOTION by plaintiffs for temporary restraining order ; MEMORANDUM of points and authorities in support; hearing SET 2/25/93 9:00 Ctrm 8 JFM (old) (Entered: 02/19/1993)

Feb. 18, 1993

Feb. 18, 1993

7

ANSWER by defendants County of Fresno and Steve Magarian to AMENDED complaint (old) (Entered: 03/02/1993)

Feb. 24, 1993

Feb. 24, 1993

93

STIPULATION and ORDER 92 for modification re jail capacity signed by Judge Morrison C. England, Jr. on 2/13/2012. The terms "capacity and capacities" as set forth in body of Order's text are defined as actual staffed employees. (Marciel, M)

Feb. 14, 2012

Feb. 14, 2012

RECAP
8

DECLARATION of Laurel Fryer−Smith with copy of stipulation to continue hearing on temporary restraining order to 3/18/93 (old) (Entered: 03/04/1993)

Feb. 24, 1993

Feb. 24, 1993

94

MEMORANDUM AND ORDER signed by Judge Morrison C. England, Jr on 2/16/12 ORDERING since the clarification sought by the Superior Court has already been provided, its Motion to Intervene 44 is hereby DENIED as moot. (Becknal, R)

Feb. 16, 2012

Feb. 16, 2012

RECAP
6

ORDER by Magistrate John F Moulds ORDERING: plaintiffs are GRANTED 15 days from the date of this order to file a complaint complies with requirement of FRCP; failure to file in accordance will result in DISMISSAL of this action (cc: all counsel) (old) (Entered: 02/25/1993)

Feb. 25, 1993

Feb. 25, 1993

LODGED STIPULATION AND ORDER for leave to file SECOND amended complaint (old) (Entered: 03/11/1993)

March 8, 1993

March 8, 1993

LODGED STIPULATION AND ORDER to certify the class (old) (Entered: 03/11/1993)

March 8, 1993

March 8, 1993

10

ANSWER by County of Fresno and Steve Magarian to FIRST AMENDED complaint (old) (Entered: 03/15/1993)

March 15, 1993

March 15, 1993

11

MEMORANDUM OF POINTS AND AUTHORITIES by County of Fresno and Steve Magarian IN OPPOSITION to motion for temporary restraining order [5−1]; hearing SET 3/18/93 9:00 Ctrm 8 JFM (old) (Entered: 03/15/1993)

March 15, 1993

March 15, 1993

19

DECLARATION of Doug Papagni RE: Application for temporary restraining order (old) (Entered: 03/26/1993)

March 15, 1993

March 15, 1993

LODGED SECOND AMENDED COMPLAINT (old) (Entered: 03/19/1993)

March 18, 1993

March 18, 1993

LODGED PROPOSED TEMPORARY RESTRAINING ORDER (old) (Entered: 03/19/1993)

March 18, 1993

March 18, 1993

12

EXHIBITS in support of motion for TRO (old) (Entered: 03/19/1993)

March 18, 1993

March 18, 1993

14

MINUTES of 3/18/93 motion hearing before Magistrate John F Moulds: stipulation reached; defense counsel to prepare and submit by 3/25/93; hearing on motion for temporary restraining order/preliminary injunction [5−1] SET 9:00 5/28/93 Ctrm 8 JFM; C/R: CF (old) (Entered: 03/22/1993)

March 18, 1993

March 18, 1993

13

DECLARATION of Edward Contreras IN SUPPORT OF re motion for temporary restraining order [5−1]; hearing HELD 3/18/93 9:00 Ctrm 8 JFM (old) (Entered: 03/19/1993)

March 19, 1993

March 19, 1993

15

STIPULATION and ORDER by Magistrate John F Moulds ORDERING: this case is certified as a CLASS ACTION on behalf of all present and future prisoners in the North Annex, South Annex and Main Fresno County Jail (cc: all counsel) (old) (Entered: 03/23/1993)

March 23, 1993

March 23, 1993

16

STIPULATION and ORDER by Magistrate John F Moulds ORDERING: plaintiffs are GRANTED LEAVE to file a second amended complaint (cc: all counsel) (old) (Entered: 03/23/1993)

March 23, 1993

March 23, 1993

17

SECOND AMENDED COMPLAINT by plaintiff; party Edward Contreras added (old) (Entered: 03/23/1993)

March 23, 1993

March 23, 1993

18

CONSENT to Proceed before a Magistrate by defendants County of Fresno and Steve Magarian (old) (Entered: 03/24/1993)

March 24, 1993

March 24, 1993

LODGED STIPULATION AND ORDER re preliminary injunction (old) (Entered: 04/01/1993)

March 26, 1993

March 26, 1993

20

STIPULATION and ORDER APPROVED by Magistrate John F Moulds: parties STIPULATE to hearing on motion for temporary restraining order [5−1] SET 5/28/93 9:00 Ctrm 8 JFM; defendants shall add 144 beds and five c/o to North Annex Facility, insure that no inmate sleep on floor of South Annex Facility, provide one hour daily exercise for inmates of North Annex, and continue existing exercise schedule in Main Jail and South Annex as described in Declaration of Lt Doug Papgni [19−1] (cc: all counsel) (old) (Entered: 04/15/1993)

April 15, 1993

April 15, 1993

21

NOTICE by defendant County of Fresno and defendant Steve Magarian of association of attorney J Wesley Merritt (old) (Entered: 05/20/1993)

May 19, 1993

May 19, 1993

LODGED stipulation re preliminary and permanent injunction by defts (old) (Entered: 05/27/1993)

May 26, 1993

May 26, 1993

22

CONSENT to Proceed before a Magistrate by all plaintiffs (old) (Entered: 05/28/1993)

May 27, 1993

May 27, 1993

23

MINUTES before Magistrate John F Moulds re pltf's motion for preliminary injunction; stipulation and order to be filed; agreed to permanent injunction as to jail/preliminary injunction as to 2 jails; hearing on motion for temporary restraining order [5−1] set for 8/12/93 at 11:00 ctrm 8 JFM (old) (Entered: 05/28/1993)

May 27, 1993

May 27, 1993

MAIL to Fresno Office consisting of transmittal letter, docket sheet, case file in 1 volume (docs 1−24) and Proposed order for Judge Coyle (old) (Entered: 06/29/1993)

June 29, 1993

June 29, 1993

MAIL from Sacramento Office recieved complete case file in 1 vol., documents 1−24, with proposed order for District Judge's signature, forwarded to REC. (lm) (Entered: 07/02/1993)

July 1, 1993

July 1, 1993

25

ORDER by Chief Judge Robert E. Coyle vacating 5 motion for temporary restraining order , Case reassigned to Judge John F. Moulds (cc: all counsel) (old) (Entered: 07/06/1993)

July 2, 1993

July 2, 1993

MAIL to Sacramento Office original case file in 1 volume for further preliminary considerations (old) (Entered: 07/06/1993)

July 6, 1993

July 6, 1993

MAIL from Fresno Office consisting of one volume (docs 1−25) for further consideration (old) (Entered: 07/07/1993)

July 7, 1993

July 7, 1993

26

STIPULATION and ORDER by Judge John F Moulds GRANTING the lodged stipulation re preliminary and permanent injunction re population level; see order for details (cc: all counsel) (old) (Entered: 07/14/1993)

July 14, 1993

July 14, 1993

27

STATUS Conference REPORT by defendant County of Fresno, defendant Steve Magarian (old) (Entered: 08/04/1993)

Aug. 4, 1993

Aug. 4, 1993

28

Amended STATUS Conference REPORT sans exhibits by defendant County of Fresno, defendant Steve Magarian (old) (Entered: 08/10/1993)

Aug. 9, 1993

Aug. 9, 1993

29

STATUS CONFERENCE REPORT by plaintiffs (old) (Entered: 08/12/1993)

Aug. 10, 1993

Aug. 10, 1993

30

MINUTES of FURTHER HEARING before Judge John F Moulds: In−court hearing SET for 11/18/93 at 11:00 for trial setting ; status report due 10/15/93; parties request settlement Judge to tour facility; C/R: ECRO (old) (Entered: 08/16/1993)

Aug. 12, 1993

Aug. 12, 1993

32

NOTICE by plaintiffs of Association of Counsel, associating attorney Paul T Persons (old) (Entered: 08/17/1993)

Aug. 13, 1993

Aug. 13, 1993

31

ORDER AFTER HEARING by Judge John F Moulds STATING that 7 days prior to the 11/18/93 status conference the parties shall file a joint statement or a statement agreed to by al parties setting forth all unresolved issued (cc: all counsel) (old) (Entered: 08/16/1993)

Aug. 16, 1993

Aug. 16, 1993

LODGED Stipulation re permanent Injunction; order (old) (Entered: 10/25/1993)

Oct. 21, 1993

Oct. 21, 1993

33

STIPULATION re Permanent Injunction and ORDER by Judge John F Moulds: GRANTING stipulation lodged 10/21/93 (cc: all counsel) (old) (Entered: 11/02/1993)

Nov. 2, 1993

Nov. 2, 1993

34

Joint STATUS REPORT by plaintiffs and defendants (old) (Entered: 11/16/1993)

Nov. 10, 1993

Nov. 10, 1993

35

MINUTES of trial setting before Judge John F Moulds: In−court hearing HELD 11/18/93 ; trial estimate 4−5 days; trial SET 4/25/94 at 9:00; pre trial conf SET for 3/24/94 at 1:30; discovery cut−off 3/24/94; settlement conf judge will be designated; C/R: ECRO (old) (Entered: 11/19/1993)

Nov. 18, 1993

Nov. 18, 1993

36

SCHEDULING ORDER by Judge John F Moulds ORDERING that all pretrial motions,except motions to compel discovery, shall be filed and brief pursuant to LR 230 by 3/24/94; discovery shall be completed by 3/24/94; pretrial conf SET for 3/24/94 at 1:30; 14 days prior plaintiff shall file a statement required by LR 281; 7 days prior to conf, defts shall do the same; a settlement conf judge will be designated by separate order; trial SET for 4/25/94 at 9:00 (cc: all counsel) (old) (Entered: 12/30/1993)

Dec. 30, 1993

Dec. 30, 1993

37

ORDER by Judge John F Moulds ORDERING that this Case reassigned to Judge Gregory G Hollows (cc: all counsel) (old) (Entered: 01/26/1994)

Jan. 26, 1994

Jan. 26, 1994

38

STIPULATION re PERMANENT INJUNCTIN and ORDER by Judge Gregory G Hollows: this litigation is a class action; defts shall limit and control the population level within Fresno County Jails as listed; defts shall pay to plaintiff's counsel Paul Comiskey attorneys fees in the amount of $33,000 a the time of the filing of the final judgment (cc: all counsel) (old) (Entered: 02/25/1994)

Feb. 25, 1994

Feb. 25, 1994

39

ORDER by Judge Gregory G Hollows: within 5 days defts shall post copies of this order with attached settlement notice and stipulated settlement order [38−1] on every level of the Fresno County Jail; within 5 days counsel for plaintiffs shall serve all named plaintiffs with a copy of this order and all attachments by mail at the last address of record for each named plaintiff; hearing SET for 4/7/94 at 9:00 re settlement (cc: all counsel) (old) (Entered: 03/08/1994)

March 8, 1994

March 8, 1994

40

ORDER by Magistrate John F Moulds Case assigned to Judge Dennis L Beck (cc: all counsel) (kb) (Entered: 04/08/1994)

April 4, 1994

April 4, 1994

MAIL to Fresno Office (kb) (Entered: 04/08/1994)

April 4, 1994

April 4, 1994

41

MINUTE ORDER: VACATING Order reassigning Magistrate Judge [40−1] [40−2] all counsel) (old) (Entered: 04/08/1994)

April 8, 1994

April 8, 1994

MAIL from Sacramento Office − original file one volume all documents included (old) (Entered: 04/19/1994)

April 19, 1994

April 19, 1994

MAIL to Sacramento Office ATTN: Donna of Magistrate Hollows Chambers re original case file in 1 volume + 1 expando file mailed by UPS (old) Modified on 04/26/1994 (Entered: 04/26/1994)

April 26, 1994

April 26, 1994

42

MINUTES of Settlement Conference before Judge Gregory G Hollows: Case has settled; Court to issue final order (old) (Entered: 04/29/1994)

April 26, 1994

April 26, 1994

43

JUDGMENT by Judge Gregory G Hollows ORDERING that the settlement agreement reached by the parties is approved and found to be fair adequate and reasonable; that the clerk is ordered to enter final judgement in favor of pltf in conformance with stipulation re Permanent Injunction of 2/25/94; that the judgment applies to the following class: all present and future prisoners in the following Fresno County Jails: North Annex South Annex and Mail Jail; that the defendants shall pay attorney's fees expeditiously pursuant to the terms of the stipulation re Permanent Injunction of 2/25/94 (cc: all counsel) (old) (Entered: 05/06/1994)

May 6, 1994

May 6, 1994

MAIL to Fresno Office consisting of 1 vol Clerk's record, Docs 1 through 43 (old) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

MAIL from Sacramento Office Original file one volume all documents included (old) (Entered: 07/12/1994)

July 7, 1994

July 7, 1994

44

MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 by Fresno County Superior Court. Attorney Fischbach, Donald Richard added. Motion Hearing set for 9/8/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Memorandum in support of motion to intervene)(Fischbach, Donald) (Entered: 07/14/2011)

July 14, 2011

July 14, 2011

45

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/28/2011 ORDERING that on the undersigned's own motion, and pursuant to LR 120(d),(f), and for good cause shown, this case is REASSIGNED to District Judge Lawrence J. O' and Neill for all further proceedings. Magistrate Judge Gregory G. Hollows no longer assigned to case. All future pleadings shall bear the case number 1:93−cv−5070 LJO (PC). (Waggoner, D) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

SERVICE BY MAIL: 45 Order served on Richard P Herman. (Waggoner, D) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

47

STIPULATION and PROPOSED ORDER for Extend Time to Object to Intervention by the Fresno County Superior Court by Fresno County. Attorney Linden, Michael Robert added. (Linden, Michael) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

48

PROPOSED ORDER re Extend Time to Object to Intervention by the Fresno County Superior Court re 47 Stipulation and Proposed Order by Fresno County. (Linden, Michael) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

49

DESIGNATION of COUNSEL FOR SERVICE., attorney John Wesley Merritt terminated (Linden, Michael) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

50

DESIGNATION of COUNSEL FOR SERVICE. Added attorney John Henry Hagar,Kevin Burke Briggs for Fresno County (Linden, Michael) (Entered: 08/04/2011)

Aug. 4, 2011

Aug. 4, 2011

51

CLERK'S NOTICE to Attorney Michael Linden re 47 Stipulation and Proposed Order: When filing a Stipulation to Extend Time, you must use the event Extension of Time found in the Motions category. Please re−file your Motion for Extension of Time using the correct Motion event. If you need assistance, please contact the CM/ECF help desk at 866−884−5444, or refer to the CM/ECF User's Manual on the court's website. (Marrujo, C) (Entered: 08/05/2011)

Aug. 5, 2011

Aug. 5, 2011

52

MOTION for 2−DAY EXTENSION OF TIME to August 17, 2011 by John B Cruz. Attorney Linden, Michael Robert added. (Linden, Michael) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

53

MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by John B Cruz. (Linden, Michael) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

54

MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

55

MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

56

MINUTE ORDER: (TEXT ENTRY ONLY) For good cause appearing, this Court GRANTS Fresno County's request to extend time to file a notice of intent to object to the Fresno County Superior Court's pending motion to intervene. All parties shall file a notice of intent to object to the motion, if any, no later than August 17, 2011 signed by District Judge Lawrence J. O'Neill on August 8, 2011. (Lira, I) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

SERVICE BY MAIL: 56 Minute Order served on Kevin Burke Briggs, Richard P Herman. (Lira, I) (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

57

MINUTE ORDER: (TEXT ENTRY ONLY) The Court is in possession of the original file in this action. Any party wishing to make a copy of the court file in this action may do so; however, that party shall arrange to send a copying service to the court for the purpose of copying the record. Multiple parties may coordinate to share one copying service. To arrange a date and time to make a copy of the file, the parties are advised to contact chambers at 499−5990. For planning purposes, the Court advises the parties that the file is approximately the size of one ream of paper signed by District Judge Lawrence J. O'Neill on August 10, 2011. (Lira, I) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

SERVICE BY MAIL: 57 Minute Order served on Kevin Burke Briggs, Richard P Herman. (Lira, I) (Entered: 08/10/2011)

Aug. 10, 2011

Aug. 10, 2011

58

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Catherine Campbell for Ruben D Cruz,Catherine Campbell for Roger D Hausman,Catherine Campbell for Joseph Q Krukowski,Catherine Campbell for Rebecca Montero−Salcedo,Catherine Campbell for Doug Murphy,Catherine Campbell for Anthony Sherwood,Catherine Campbell for Charles Wilcox, attorney Michael Donald Long; Richard P Herman and Michael Robert Linden terminated (Campbell, Catherine) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

59

NOTICE of intent to oppose intervention by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox. Attorney Campbell, Catherine added. (Campbell, Catherine) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

60

NOTICE of errata by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox. (Campbell, Catherine) (Entered: 08/12/2011)

Aug. 12, 2011

Aug. 12, 2011

61

NOTICE of Intention to Object to Motion to Intervene of the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

62

ORDER re: Briefing Schedule (On Intervention Issue) re 44 , signed by District Judge Lawrence J. O'Neill on 8/17/11. Motion Hearing set for 9/1/2011 at 01:30 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Gonzalez, R) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

SERVICE BY MAIL: 62 Order Setting Hearing on Motion, served on Kevin Burke Briggs. (Gonzalez, R) (Entered: 08/17/2011)

Aug. 17, 2011

Aug. 17, 2011

63

EX PARTE APPLICATION by Fresno County for Modification of the Briefing Schedule for the Fresno County Superior Court's Motion to Intervene. (Attachments: # 1 Declaration, # 2 Declaration)(Linden, Michael) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

64

EXHIBIT A to Declaration of John Hagar by Fresno County re 63 Ex Parte Application. (Linden, Michael) (Entered: 08/18/2011)

Aug. 18, 2011

Aug. 18, 2011

66

OPPOSITION by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox to 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 . (Campbell, Catherine) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

67

AMENDED DOCUMENT by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox: Amended 66 Opposition to Motion,. (Campbell, Catherine) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

MAIL RETURNED as Undeliverable, "Wrong PO Box # − No Longer in This PO Box" : 46 Order, 57 Minute Order, sent to Richard P. Herman at PO Box 4108, Laguna Beach, CA 92652. (Hellings, J) (Entered: 09/16/2011)

Sept. 16, 2011

Sept. 16, 2011

68

MINUTE ORDER: (TEXT ENTRY ONLY) Having read and reviewed the opposition to the pending motion to intervene, this Court finds that a reply would be helpful to resolution of this motion. Accordingly, this Court ORDERS the proposed intervenor, the Fresno Superior Court, to file reply papers no later September 26, 2011. The reply papers should focus on the issues related to standing and jurisdiction. All other arguments raised in the opposition relate to the motion for clarification, not the motion to intervene. Once the Court has read and reviewed the reply papers, the Court will issue a further order on whether the September 30, 2011 hearing on this motion shall stay on calendar or whether this motion shall be submitted on the papers signed by District Judge Lawrence J. O'Neill on September 19, 2011. (Munoz, I) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

SERVICE BY MAIL: 68 Minute Order Served on Kevin Burke Briggs. (Munoz, I) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

69

OPPOSITION by Fresno County to 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 . (Linden, Michael) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

70

DECLARATION of John Hagar in OPPOSITION TO 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 . (Linden, Michael) (Entered: 09/19/2011)

Sept. 19, 2011

Sept. 19, 2011

72

MOTION to recuse District Court Judge by Fresno County. Motion Hearing set for 9/30/2011 at 01:00 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Linden, Michael) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

73

DECLARATION of John Hagar in SUPPORT OF 72 MOTION to recuse District Court Judge. (Linden, Michael) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

74

AFFIDAVIT re 72 MOTION to recuse District Court Judge Affidavit of Sheriff Margaret Mims by Fresno County. (Linden, Michael) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

75

REPLY by Fresno County Superior Court re 66 Opposition to Motion, 69 Opposition to Motion. Attorney Borchers, Stephanie Hamilton added. (Attachments: # 1 Declaration of Hon. M. Bruce Smith, # 2 Exhibit to Decl. of Hon. M. Bruce Smith, # 3 Declaration of Stephanie Hamilton Borchers, # 4 Exhibit to Decl. of Stephanie Hamilton Borchers)(Borchers, Stephanie) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

76

JOINDER by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox in. 93−05070 (Campbell, Catherine) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Multi-LexSum (in sample)

Key Dates

Filing Date: March 23, 1993

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Pretrial and Incarcerated detainees at the Fresno County Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Southern California

ACLU Affiliates (any)

Prisoners Rights Union

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fresno County (Fresno, Fresno), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1993 - 0

Content of Injunction:

Hire

Monitoring

Other requirements regarding hiring, promotion, retention

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Conditions of confinement

Law library access

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Affected Gender:

Male

Type of Facility:

Government-run