Case: Hall v. Mims

1:11-cv-02047 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 13, 2011

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 13, 2011, four inmates of the Fresno County Adult Detention Facilities filed a class action complaint in the U.S. District Court for the Eastern District of California. The plaintiffs sued the Fresno County Sheriff's Office under 42 U.S.C. § 1983. 2011 WL 11557976. The plaintiffs, represented by the Prison Law Office, Disability Rights California, and private counsel, sought injunctive and declaratory relief. The plaintiffs claimed that the defendant violated prisoners' Constitution…

On December 13, 2011, four inmates of the Fresno County Adult Detention Facilities filed a class action complaint in the U.S. District Court for the Eastern District of California. The plaintiffs sued the Fresno County Sheriff's Office under 42 U.S.C. § 1983. 2011 WL 11557976. The plaintiffs, represented by the Prison Law Office, Disability Rights California, and private counsel, sought injunctive and declaratory relief. The plaintiffs claimed that the defendant violated prisoners' Constitutional rights by failing to provide minimally adequate health care and failing to protect prisoners from injury and violence from other prisoners.

The case was assigned to Judge Lawrence J. O'Neill and Magistrate Judge Barbara A. McAuliffe. On January 25, 2012, the plaintiffs amended their complaint to add three individual plaintiffs to the suit, and brought additional claims against the defendants under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The plaintiffs also expanded the scope of the injunctive relief requested, seeking the compulsion of reasonable accommodations to prisoners with disabilities.

The defendants moved to dismiss the amended complaint due to failure to state a claim for which the court could provide a remedy. Judge O'Neill denied this motion on May 16, 2012, finding that the plaintiffs' complaint had sufficiently pleaded their claims. 2012 WL 1799179.

The parties stipulated to and the Court ordered the substitution of the individual defendants with the county of Fresno on November 16, 2012. This stipulation also dismissed the claims of three of the named plaintiffs, without prejudice.

On May 28, 2015, the parties filed a joint motion for preliminary approval of the consent decree they had drafted. The parties agreed to an extensive remedial plan to be implemented by the defendants covering all of the substantive areas in dispute: health care, personal safety, and disability discrimination. The plaintiffs' counsel agreed to be responsible for monitoring compliance with the consent decree and the remedial plan. The decree was court enforceable, and the parties agreed it would last for four years after its approval -- unless the court earlier determined that the defendants were in substantial

compliance, or it was extended based on non-compliance. The defendant also agreed to pay the plaintiffs' counsel $900,000 in attorneys' fees and $40,000 per year for monitoring fees and expenses. On July 21, 2015, Judge O'Neill preliminarily approved the settlement, setting it for a fairness hearing at the end of September.

That hearing was held before Magistrate Judge McAuliffe on September 28, 2015; on October 7, 2015, she recommended approval of the decree without amendment. 2015 WL 5916741. On November 2, 2015, Judge O'Neill adopted Magistrate Judge McAuliffe's recommendations in full, granted final approval to the consent decree, granted certification of the settlement class, approved attorneys' fees for class counsel, and retained jurisdiction for monitoring of the consent decree. The class was defined as "all prisoners who are now, or at some time in the future during the terms of this Consent Decree are, incarcerated in the Fresno County Jail."

On December 11, 2015, Magistrate Judge McAuliffe denied a motion to unseal court records filed by a non-party to this action and sought support for a separate civil rights action against the Fresno County Jail. 2015 WL 13236882. She found that compelling reasons to keep them sealed, such as potential prejudice to the defendants if expert reports were unsealed, outweighed any minimal prejudice to the non-party. On February 1, 2016, she denied the non-party's motion for reconsideration. 2016 WL 374550. On February 12, 2016, the non-party sought a writ of mandamus from the Ninth Circuit, which was denied on April 4, 2016.

On February 11, 2016, Judge O'Neill granted the parties' joint request for appointment of a court expert to complete a comprehensive review of the facilities and report on the County's progress regarding the remedial plan. A second expert was appointed on April 11, 2016.

On October 3, 2018, Judge O'Neill granted additional attorneys' fees to plaintiffs's counsel to compensate their monitoring work which had become more intensive than previously anticipated. As of May 20, 2020, there has been no further action in the docket but presumedly the case remains open for monitoring of the consent decree.

Summary Authors

Greg in den Berken (6/8/2014)

Jessica Kincaid (10/14/2015)

Veronica Portillo Heap (11/21/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5900165/parties/hall-v-county-of-fresno/


Judge(s)

McAuliffe, Barbara A. (California)

O'Neill, Lawrence Joseph (California)

Attorneys(s) for Plaintiff

Alger, Maureen P. (California)

Berk, Andrew N (California)

Bird, Melinda R. (California)

Coelho, Monisha Ann (California)

Hardy, Alison (California)

Kelley, Mary Kathryn (California)

Kelly, Mary Kathryn (California)

Knapp, Kelly Jean (California)

Judge(s)

McAuliffe, Barbara A. (California)

O'Neill, Lawrence Joseph (California)

Attorneys(s) for Plaintiff

Alger, Maureen P. (California)

Berk, Andrew N (California)

Bird, Melinda R. (California)

Coelho, Monisha Ann (California)

Hardy, Alison (California)

Kelley, Mary Kathryn (California)

Kelly, Mary Kathryn (California)

Knapp, Kelly Jean (California)

Panchalam, Srividya Seshan (California)

Scherer, Rachel Ann (California)

Sherman, Monique R (California)

Sorrells, Shannon Leigh (California)

Specter, Donald H. (California)

Williams, Agnes Akabogu (California)

Attorneys(s) for Defendant

Cederborg, Daniel C. (California)

Linden, Michael Robert (California)

Stirrup, Adam Benjamin (California)

Woods, Michael Gary (California)

Other Attorney(s)

Navarro, Robert (California)

Documents in the Clearinghouse

Document

1:11-cv-02047

Docket [PACER]

Hall v. County of Fresno

Oct. 3, 2018

Oct. 3, 2018

Docket

DOJ National Institute of Corrections Report [Jail and Justice System Assessment of Fresno County]

No Court

Nov. 10, 2006

Nov. 10, 2006

Monitor/Expert/Receiver Report
1

1:11-cv-02047

Class Action Complaint for Injunctive and Declaratory Relief

Dec. 13, 2011

Dec. 13, 2011

Complaint
8

1:11-cv-02047

First Amended Class Action Complaint for Injunctive and Declaratory Relief

Jan. 25, 2012

Jan. 25, 2012

Complaint
55

1:11-cv-02047

Stipulation and Order [Dismissing Individual Defendants and Substituting County of Fresno, and Dismissing Certain Individual Plaintiffs Without Prejudice]

Nov. 15, 2012

Nov. 15, 2012

Order/Opinion
112

1:11-cv-02047

Joint Notice of Motion and Motion for Preliminary Approval of Consent Decree and Notice to the Class

Hall v. County of Fresno

May 28, 2015

May 28, 2015

Pleading / Motion / Brief
128

1:11-cv-02047

Findings and Recommendations Granting Preliminary Approval of Class Action Settlement

Hall v. County of Fresno

July 1, 2015

July 1, 2015

Order/Opinion
132

1:11-cv-02047

Order Adopting Findings and Recommendations in Full

Hall v. County of Fresno

July 21, 2015

July 21, 2015

Order/Opinion
175

1:11-cv-02047

Findings and Recommendations Granting Final Approval of Class Action Settlement

Hall v. County of Fresno

Oct. 7, 2015

Oct. 7, 2015

Findings Letter/Report
179

1:11-cv-02047

Order Adopting in Full the Findings and Recommendations Granting Approval of the Class Settlement and Granting in Full Plaintiff's Motion for Attorney Fees

Hall v. County of Fresno

Nov. 2, 2015

Nov. 2, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5900165/hall-v-county-of-fresno/

Last updated Aug. 7, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants by Dawn Singh, Robert Merryman, Carlton Fields, Quentin Hall. Attorney Knapp, Kelly Jean added.(Knapp, Kelly) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
2

CIVIL COVER SHEET by Carlton Fields, Quentin Hall, Robert Merryman, Dawn Singh (Knapp, Kelly) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
3

CIVIL COVER SHEET by Carlton Fields, Quentin Hall, Robert Merryman, Dawn Singh (Attachments: # 1 Civil Cover Sheet, # 2 Supplement)(Knapp, Kelly) (Entered: 12/13/2011)

1 Civil Cover Sheet

View on PACER

2 Supplement

View on PACER

Dec. 13, 2011

Dec. 13, 2011

PACER

RECEIPT number #CAE100017241 $350.00 fbo Quentin Hall by Donald Specter on 12/13/2011. (Marrujo, C)

Dec. 13, 2011

Dec. 13, 2011

PACER
5

SUMMONS ISSUED as to *Rick Hill, George Laird, PhD, Margaret Mims* with answer to complaint due within *21* days. Attorney *Kelly Jean Knapp* *Prison Law Office* *1917 5th Street* *Berkeley, CA 94710*. (Jessen, A) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
6

SUMMONS ISSUED as to *Edward Moreno, MD, Pratap Narayen, MD, Marilynn Weldon* with answer to complaint due within *21* days. Attorney *Kelly Jean Knapp* *Prison Law Office* *1917 5th Street* *Berkeley, CA 94710*. (Jessen, A) (Entered: 12/13/2011)

Dec. 13, 2011

Dec. 13, 2011

PACER
7

CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 2/29/2012 at 08:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: # 1 Standing Order, # 2 Consent Form, # 3 VDRP Form) (Jessen, A) (Entered: 12/13/2011)

1 Standing Order

View on PACER

2 Consent Form

View on PACER

3 VDRP Form

View on PACER

Dec. 13, 2011

Dec. 13, 2011

PACER
8

FIRST AMENDED COMPLAINT against All Defendants by Dawn Singh, Robert Merryman, Carlton Fields, Quentin Hall, Sharon Chavez, Brian Keith Murphy, Shawn Gonzales. Attorney Scherer, Rachel Anne added.(Scherer, Rachel) (Entered: 01/25/2012)

Jan. 25, 2012

Jan. 25, 2012

PACER
9

STIPULATION and PROPOSED ORDER for Continuing Mandatory Scheduling Conference by Rick Hill, George Laird, PhD, Margaret Mims, Edward Moreno, MD, Pratap Narayen, MD, Marilynn Weldon. Attorney Linden, Michael Robert added. (Linden, Michael) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

PACER
10

STIPULATION and ORDER Continuing Mandatory Scheduling Conference: last day for Defendants to file a responsive pleading is 4/10/2012 (NOTE: document had a typo with date of 4/10/2010). Initial SCHEDULING CONFERENCE is continued from 2/29/12 to Monday, May 7, 2012 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 2/21/2012. (Herman, H) (Entered: 02/21/2012)

Feb. 21, 2012

Feb. 21, 2012

RECAP
11

WAIVER of SERVICE RETURNED EXECUTED: Margaret Mims Waiver sent on 2/10/2012, answer due 4/10/2012. (Alger, Maureen) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
12

WAIVER of SERVICE RETURNED EXECUTED: Rick Hill Waiver sent on 2/10/2012, answer due 4/10/2012. (Alger, Maureen) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
13

WAIVER of SERVICE RETURNED EXECUTED: George Laird, PhD Waiver sent on 2/10/2012, answer due 4/10/2012. (Alger, Maureen) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
14

WAIVER of SERVICE RETURNED EXECUTED: Pratap Narayen, MD Waiver sent on 2/10/2012, answer due 4/10/2012. (Alger, Maureen) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
15

WAIVER of SERVICE RETURNED EXECUTED: Edward Moreno, MD Waiver sent on 2/10/2012, answer due 4/10/2012. (Alger, Maureen) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
16

WAIVER of SERVICE RETURNED EXECUTED: Marilynn Weldon Waiver sent on 2/10/2012, answer due 4/10/2012. (Alger, Maureen) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
17

NOTICE of CHANGE of ADDRESS by Melinda R. Bird. Attorney Bird, Melinda R. added. (Bird, Melinda) (Entered: 03/16/2012)

March 16, 2012

March 16, 2012

PACER
18

MOTION for DISCOVERY by Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh. Attorney Knapp, Kelly Jean added. Motion Hearing set for 4/20/2012 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Attachments: # 1 Declaration of Quentin Hall In Support of Plaintiffs' Motion for Leave to Take Limited Early Discovery, # 2 Declaration of Maureen Alger In Support of Plaintiffs' Motion for Leave to Take Limited Early Discovery, # 3 Declaration of Kelly Knapp In Support of Plaintiffs' Motion for Leave to Take Limited Early Discovery, # 4 Proposed Order Granting Plaintiffs' Motion for Leave to Take Limited Early Discovery)(Knapp, Kelly) (Entered: 03/22/2012)

1 Declaration of Quentin Hall In Support of Plaintiffs' Motion for Leave to T

View on PACER

2 Declaration of Maureen Alger In Support of Plaintiffs' Motion for Leave to

View on PACER

3 Declaration of Kelly Knapp In Support of Plaintiffs' Motion for Leave to Ta

View on PACER

4 Proposed Order Granting Plaintiffs' Motion for Leave to Take Limited Early

View on PACER

March 22, 2012

March 22, 2012

PACER
19

MINUTE ORDER: (Text Entry Only) Due to the availability of the Court, 18 Motion tfor Discovery previously set for 4/20/2012 has been CONTINUED to 4/27/2012 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Accordingly, Initial Scheduling Conference previously set for 5/7/2012 has been CONTINUED to 6/19/2012 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. Signed by Magistrate Judge Barbara A. McAuliffe on 3/23/2012. (Gaumnitz, R) (Entered: 03/23/2012)

March 23, 2012

March 23, 2012

PACER
20

MOTION to DISMISS by Rick Hill, George Laird, PhD, Margaret Mims, Edward Moreno, MD, Pratap Narayen, MD, Marilynn Weldon. (Attachments: # 1 Points and Authorities in Support of Motion to Dismiss First Amended Complaint)(Linden, Michael) (Entered: 04/10/2012)

1 Points and Authorities in Support of Motion to Dismiss First Amended Complaint

View on PACER

April 10, 2012

April 10, 2012

PACER
21

CLERK'S NOTICE (text only): Motion Hearing re 20 Motion to Dismiss set for 5/16/2012 at 08:30 AM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Jessen, A) (Entered: 04/11/2012)

April 11, 2012

April 11, 2012

PACER
22

OPPOSITION by Rick Hill, George Laird, PhD, Margaret Mims, Edward Moreno, MD, Pratap Narayen, MD, Marilynn Weldon to 18 MOTION for DISCOVERY. (Linden, Michael) (Entered: 04/12/2012)

April 12, 2012

April 12, 2012

PACER
23

NOTICE of Change in Counsel by All Plaintiffs. (Scherer, Rachel) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
24

CLERK'S NOTICE to attorney Rachel Scherer re 23 Notice: When submitting a Designation of Counsel, please use the specific event Designation of Counsel which may be found in theOther Filings, Other Documents Category. Do not use the generic Notice (other) event when a more specific event is available. (Sant Agata, S) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
25

REPLY by Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh re 18 MOTION for DISCOVERY, 22 Opposition to Motion. (Attachments: # 1 Declaration of Donald Specter In Support of Plaintiffs' Reply to Defendants' Opposition to Motion for Limited Early Discovery)(Knapp, Kelly) (Entered: 04/20/2012)

1 Declaration of Donald Specter In Support of Plaintiffs' Reply to Defendants

View on PACER

April 20, 2012

April 20, 2012

PACER
26

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 4/27/2012: MOTION HEARING held re Plaintiff's Motion for Discovery 18 - argued, submitted. Motion taken under submission - order to follow. Plaintiffs Counsel Kelly Knapp - Telephonically, present. Defendants Counsel Michael Linden, present. Court Reporter/CD Number: ECRO - O. Figueroa. (Herman, H) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
27

ORDER Denying Plaintiffs' Motion for Leave to Take Limited Discovery 18, signed by Magistrate Judge Barbara A. McAuliffe on 4/27/2012. (Herman, H) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

RECAP
28

NOTICE of APPEARANCE by Monique R Sherman on behalf of Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh. Attorney Sherman, Monique R added. (Sherman, Monique) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
29

OPPOSITION by Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh to 20 MOTION to DISMISS. Attorney Alger, Maureen added. (Alger, Maureen) (Entered: 05/02/2012)

May 2, 2012

May 2, 2012

PACER
30

REPLY by Margaret Mims re 29 Opposition to Motion, 20 MOTION to DISMISS. (Linden, Michael) (Entered: 05/09/2012)

May 9, 2012

May 9, 2012

PACER
31

MINUTE ORDER: (TEXT ENTRY ONLY) The motion to dismiss set for 5/16/2012 before Judge O'Neill is VACATED, and the matter submitted on the pleadings, pursuant to Local Rule 230(g) signed by District Judge Lawrence J. O'Neill on May 10, 2012. (Munoz, I) (Entered: 05/10/2012)

May 10, 2012

May 10, 2012

PACER
32

ORDER ON DEFENDANT'S MOTION TO DISMISS AMENDED COMPLAINT 20 signed by District Judge Lawrence J. O'Neill on May 16, 2012. (Munoz, I) (Entered: 05/16/2012)

May 16, 2012

May 16, 2012

RECAP
33

STIPULATION and PROPOSED ORDER for EXTENDING TIME TO FILE ANSWER TO FIRST AMENDED COMPLAINT by Margaret Mims. (Linden, Michael) (Entered: 05/30/2012)

May 30, 2012

May 30, 2012

PACER
34

ORDER extending time to file answer to first amended complaint, signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2012. (Answer to Plaintiffs' First Amended Complaint Deadline: 6/1/2012) (Figueroa, O) (Entered: 05/31/2012)

May 31, 2012

May 31, 2012

RECAP
35

ANSWER to 8 Amended Complaint by Margaret Mims.(Linden, Michael) (Entered: 06/01/2012)

June 1, 2012

June 1, 2012

PACER
36

JOINT STATUS REPORT by Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Rick Hill, George Laird, PhD, Robert Merryman, Margaret Mims, Edward Moreno, MD, Brian Keith Murphy, Pratap Narayen, MD, Dawn Singh, Marilynn Weldon. Attorney Alger, Maureen added. (Alger, Maureen) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
37

JOINT STATUS REPORT by Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Rick Hill, George Laird, PhD, Robert Merryman, Margaret Mims, Edward Moreno, MD, Brian Keith Murphy, Pratap Narayen, MD, Dawn Singh, Marilynn Weldon. (Alger, Maureen) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

PACER
38

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 6/19/2012: SCHEDULING CONFERENCE held - Order to follow. Plaintiffs Counsel Maureen Alger (telephonically), present. Defendants Counsel Michael Linden (in person), present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
39

Preliminary SCHEDULING ORDER: (1) 12/7/2012 Discovery cutoff deadline for class certification issues; (2) 2/1/2013 deadline to file and serve moving papers on class certification; (3) 4/5/2013 deadline to file and serve opposition papers on class certification. As discussed at the conference, notwithstanding the Dec. 7, 2012 cutoff, Defendant is not precluded from taking expert depositions of expert opinions disclosed in the motion for class certification; (4) 5/3/2013 deadline to file and serve reply papers on class certification; and (5) Class Certification Hearing set for 5/31/2013 at 09:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 6/20/2012. (Herman, H) (Entered: 06/20/2012)

June 20, 2012

June 20, 2012

PACER
40

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Agnes Akabogu Williams for Sharon Chavez,Agnes Akabogu Williams for Carlton Fields,Agnes Akabogu Williams for Shawn Gonzales,Agnes Akabogu Williams for Quentin Hall,Agnes Akabogu Williams for Robert Merryman,Agnes Akabogu Williams for Brian Keith Murphy,Agnes Akabogu Williams for Dawn Singh, attorney Andrew N. Berk terminated (Bird, Melinda) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
41

STIPULATION and PROPOSED ORDER for Modifying Preliminary Scheduling Order to Set Last Day to Serve Initial Disclosures by Margaret Mims. (Linden, Michael) (Entered: 07/10/2012)

July 10, 2012

July 10, 2012

PACER
42

STIPULATION and ORDER Modifying Preliminary Scheduling Order to Set Last Day to Serve Initial Disclosures: by 7/31/2012. signed by Magistrate Judge Barbara A. McAuliffe on 7/11/2012. (Herman, H) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

RECAP
43

NOTICE of APPEARANCE by Monisha Ann Coelho on behalf of Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh. Attorney Coelho, Monisha Ann added. (Coelho, Monisha) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
44

SUBSTITUTION of ATTORNEY - PROPOSED, submitted by Rick Hill, George Laird, PhD, Margaret Mims, Edward Moreno, MD, Pratap Narayen, MD, Marilynn Weldon. (Linden, Michael) (Entered: 07/25/2012)

July 25, 2012

July 25, 2012

PACER
45

ORDER SUBSTITUTING ATTORNEY signed by Magistrate Judge Barbara A. McAuliffe on 7/27/2012. (Sant Agata, S) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
46

NOTICE of APPEARANCE by Shannon Leigh Sorrells on behalf of Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh. Attorney Sorrells, Shannon Leigh added. (Sorrells, Shannon) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
47

ASSOCIATION of ATTORNEY: Added attorney Adam Benjamin Stirrup for Margaret Mims. (Stirrup, Adam) (Entered: 08/01/2012)

Aug. 1, 2012

Aug. 1, 2012

PACER
48

PROPOSED ORDER re Stipulation and [Proposed] Protective Order. (Attachments: # 1 Proof of Service)(Sorrells, Shannon) (Entered: 10/31/2012)

1 Proof of Service

View on PACER

Oct. 31, 2012

Oct. 31, 2012

PACER
49

STIPULATION and PROPOSED ORDER for Defendants to take Depositions of Plaintiffs by Margaret Mims. (Stirrup, Adam) (Entered: 11/01/2012)

Nov. 1, 2012

Nov. 1, 2012

PACER
50

STIPULATION for Leave of Court for Defendants to Take Depositions of Plaintiffs; ORDER, signed by Magistrate Judge Barbara A. McAuliffe on 11/5/2012. (Herman, H) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

RECAP
51

ORDER on Protective Order (re 48 Stipulation), signed by Magistrate Judge Barbara A. McAuliffe on 11/7/2012. (Herman, H) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

RECAP
52

PETITION for Writ of Habeas Corpus Ad Prosequendum Under 28 USC Sec. 2241 by Margaret Mims. (Stirrup, Adam) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
53

DECLARATION of Adam B. Stirrup re 52 Petition. (Stirrup, Adam) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
54

PROPOSED ORDER re Granting Writ of Habeas Corpus Ad Prosequendum re 52 Petition by Margaret Mims. (Stirrup, Adam) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
55

STIPULATION and PROPOSED ORDER for Dismissal of Defendants Mims, Moreno, Laird, Narayen, Hill and Weldon and Substitution of the County of Fresno as Defendant and Dismissal Without Prejudice of Sharon Chavez and Carlton Fields as Named Plaintiffs by Sharon Chavez, Carlton Fields, Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh. (Knapp, Kelly) (Entered: 11/15/2012)

Nov. 15, 2012

Nov. 15, 2012

PACER
56

STIPULATION and ORDER signed by District Judge Lawrence J. O'Neill on 11/16/12. The County of Fresno is substituted in place of Margaret Mims, Edward Moreno, George Laird, Pratap Narayen, Rick Hill, and Marilynn Weldon in this action. Plaintiffs Sharon Chavez and Carlton Fields are dismissed without prejudice. (Verduzco, M) (Entered: 11/16/2012)

Nov. 16, 2012

Nov. 16, 2012

RECAP
57

PETITION for Writ of Habeas Corpus Ad Testificandum to Transport Brian Murphy by County of Fresno. (Stirrup, Adam) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
58

DECLARATION of Adam B. Stirrup re 57 Petition. (Stirrup, Adam) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
59

PROPOSED ORDER re Order and Writ of Habeas Corpus Ad Testificandum to Transport Brian Murphy re 57 Petition by County of Fresno. (Stirrup, Adam) (Entered: 11/20/2012)

Nov. 20, 2012

Nov. 20, 2012

PACER
60

ORDER & WRIT OF HABEAS CORPUS AD TESTIFICANDUM to Transport Brian Murphy on November 26, 2012 signed by Magistrate Judge Barbara A. McAuliffe on 11/21/2012. (Sant Agata, S) (Entered: 11/21/2012)

Nov. 21, 2012

Nov. 21, 2012

RECAP
61

NOTICE OF WITHDRAWAL OF THE PETITION FOR WRIT OF HABEAS CORPUS AT PROSEQUENDUM by County of Fresno re 52 MOTION. (Stirrup, Adam) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
62

NOTICE of APPEARANCE by Srividya Seshan Panchalam on behalf of Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh. Attorney Panchalam, Srividya Seshan added. (Panchalam, Srividya) (Entered: 11/29/2012)

Nov. 29, 2012

Nov. 29, 2012

PACER
63

Minute Order - DENIED (Doc. 64) filed on 2/11/2013 - STIPULATION and PROPOSED ORDER for Modification of Schedule for Class Certification by Shawn Gonzales, Quentin Hall, Robert Merryman, Brian Keith Murphy, Dawn Singh. (Knapp, Kelly) (Entered: 01/31/2013)

Jan. 31, 2013

Jan. 31, 2013

PACER
64

MINUTE ORDER ***TEXT Only***: The parties' Stipulation to modify the Schedule for Class Certification (Doc. 63) is DENIED WITHOUT PREJUDICE. The Court sets a Status Conference for February 26, 2013, at 9:00 AM, before Magistrate Judge Barbara A. McAuliffe. At that time, the parties should be prepared to discuss the issues raised in their Stipulation and the progress of settlement efforts. signed by Magistrate Judge Barbara A. McAuliffe on 2/11/2013. (Herman, H) (Entered: 02/11/2013)

Feb. 11, 2013

Feb. 11, 2013

PACER
65

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe: This Court held a Status Conference on February 26, 2013 to discuss the parties' ongoing efforts to resolve this action without further litigation. The parties explained that they are diligently working towards a settlement procedure. Experts have been retained to perform inspections at the Fresno County Jail and additional experts may be scheduled. The parties however need additional time for their experts to complete their reports. In light of the parties' significant progress, coupled with the complexity of this matter, the Court VACATES the May 31, 2013 hearing and related dates on Plaintiffs' Motion for Class Certification. (Doc. 39). The Court SETS a further Telephone Status Conference for Thursday, March 28, 2013 at 8:30am before Judge Barbara A. McAuliffe. Accordingly, no later than March 25, 2013, counsel shall file a brief status report indicating the status of the parties' experts investigation and any intended dates for future experts. Plaintiffs Counsel Donald Specter appeared by telephone, present. Defendants Counsel Michael Woods appeared by telephone, present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 02/26/2013)

Feb. 26, 2013

Feb. 26, 2013

PACER
66

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 03/25/2013)

March 25, 2013

March 25, 2013

PACER
67

MINUTE ORDER ***TEXT Only***: Based on the parties joint status report, the Court VACATES the STATUS CONFERENCE set for March 28, 2013 and SETS a further Telephone Status Conference for Tuesday, June 4, 2013 at 8:30am before Judge Barbara A. McAuliffe. Accordingly, no later than May 28, 2013, counsel shall file a brief status report indicating the status of the expert consultants' reports. signed by Magistrate Judge Barbara A. McAuliffe on 3/26/2013. (Herman, H) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

PACER
68

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 05/28/2013)

May 28, 2013

May 28, 2013

PACER
69

MINUTE ORDER ***TEXT Only***: Based on the parties joint status report, the Court VACATES the STATUS CONFERENCE set for June 4, 2013 and SETS a further Telephone Status Conference for Tuesday, September 10, 2013 at 8:30am before Judge Barbara A. McAuliffe. Accordingly, no later than September 3, 2013, counsel shall file a brief status report indicating the status of the consent decree. signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2013. (Herman, H) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

PACER
70

JOINT STATUS REPORT by Quentin Hall. (Specter, Donald) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
71

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe: This Court held a Status Conference on September 10, 2013, to discuss the parties' ongoing efforts to resolve this action through settlement. Expert investigations are complete and the reports and recommendations have been served. The Fresno County Board of Supervisors is meeting on September 10 to discuss what measures and how to implement the experts' recommendations on new health care initiatives. In light of further action by the Board of Supervisors, the Court SETS a further Telephone Status Conference for Tuesday, September 24, 2013 at 8:30am before Judge Barbara A. McAuliffe. It is not necessary for the parties to file a status report, but all counsel appearing should be prepared to discuss updates from the Board meeting and whether dates should be set in this matter. Plaintiffs Counsel Donald Specter appeared by telephone, present. Defendants Counsel William Littlewood appeared by telephone, present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
72

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 9/24/2013: Telephonic Status Conference held. Order to follow. Plaintiffs Counsel Donald Specter appeared telephonically, present. Defendants Counsel Michael Woods appeared telephonically, present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 09/25/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
73

MINUTE ORDER ***TEXT Only***: On September 24, 2013, the Court held a telephonic status conference to discuss the parties' ongoing efforts to resolve this action through settlement. The County of Fresno is moving forward with developing funding and identifying providers to remedy matters addressed in the experts' report and recommendations. A Fresno County Board of Supervisors meeting on October 29, 2013 will address funding and implementation. In light of further action by the Board of Supervisors, the Court SETS a further Telephone Status Conference for Thursday, October 31, 2013 at 8:30am before Judge Barbara A. McAuliffe. It is not necessary for the parties to file a status report, but all counsel appearing should be prepared to discuss updates from the Board meeting and whether dates should be set in this matter. signed by Magistrate Judge Barbara A. McAuliffe on 9/25/2013. (Herman, H) (Entered: 09/25/2013)

Sept. 25, 2013

Sept. 25, 2013

PACER
74

NOTICE of CHANGE of ADDRESS by Michael Gary Woods. (Woods, Michael) (Entered: 10/11/2013)

Oct. 11, 2013

Oct. 11, 2013

PACER
75

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 10/31/2013: STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel Donald Specter appeared by telephone, present. Defendants Counsel Michael Woods appeared by telephone, present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 11/01/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
76

MINUTE ORDER ***TEXT Only***: On October 31, 2013, the Court held a telephonic status conference to discuss the parties' coordinated efforts to resolve this class action. Defense counsel gave an overview of activities. The Fresno County Board of Supervisors has agreed to approve the application for funds to construct a new jail facility. New funds have also been designated to renovate current jail facilities and redress ADA compliance issues. A decision on the RFP for third party providers of mental health is expected in January 2014. The County is pursuing a potential program to reduce the number of pretrial detainees. In November and January, the County Advocate will hold additional meetings to address outstanding issues and outside bid proposals. Plaintiff stated that plaintiff circulated a draft consent decree that memorializes the issues and recommendations identified in the expert investigation reports. The parties requested a further telephonic status conference, which the Court sets for Thursday, January 30, 2014 at 8:00 am before Judge Barbara A. McAuliffe. One week prior to the conference, the parties should prepare a brief update regarding the intended action by the county and what items, if any, remain outstanding. signed by Magistrate Judge Barbara A. McAuliffe on 10/31/2013. (Herman, H) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER
77

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
78

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 1/30/2014: Telephonic STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel Donald Spencer, telephonically - present. Defendants Counsel Michael Woods and William Littlewood, both telephonically - present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
79

MINUTE ORDER ***TEXT Only***: On January 30, 2014, the Court held a Telephonic Status Conference. The parties and the Court discussed the parties' ongoing settlement efforts. Having considered the parties' arguments, the Court sets a Status Conference for March 19, 2014, at 9:30 AM, in Courtroom 8, before United States Magistrate Judge Barbara A. McAuliffe. Prior to the Status Conference, the Court ORDERS the following: (1) Defendant shall provide Plaintiffs' with a red-lined response to Plaintiffs' proposed consent decree; (2) the parties shall meet and confer to discuss remedial matrixes that have been exchanged; and (3) Defendant shall exercise its best efforts to provide Plaintiffs with a custodial matrix. No later than March 14, 2014, the parties shall file a status report indicating the the parties' compliance with this Order, in addition to any relevant considerations concerning the parties' ongoing settlement discussions. signed by Magistrate Judge Barbara A. McAuliffe on 1/30/2014. (Herman, H) (Entered: 01/30/2014)

Jan. 30, 2014

Jan. 30, 2014

PACER
80

MINUTE ORDER ***TEXT Only***: parties agreed to the new time - TIME Change ONLY, TELEPHONIC STATUS CONFERENCE set for 3/19/2014 at 08:30 AM (was 9:30 a.m.) in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 3/6/2014. (Herman, H) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
81

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
82

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 3/19/2014: This Court held a Status Conference to discuss the parties' ongoing settlement efforts. The parties continue to negotiate the terms of their consent decree. Additionally, a Fresno County Board of Supervisors meeting on March 25, 2014, will determine whether prison medical care will be outsourced to a third party provider. In light of future action by the Board and continued consent decree negotiations, the Court SETS a further Telephone Status Conference for Wednesday, May 14, 2014 at 9:00am before Judge Barbara A. McAuliffe. No later than May 9, 2014, the parties shall file a status report updating the court on the status of settlement negotiations. Plaintiffs Counsel Donald Specter, appeared by telephone, present. Defendants Counsel Michael Woods, appeared by telephone, present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
83

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
84

MINUTE ORDER ***TEXT Only***: Due to the unavailability of plaintiff's counsel and agreement by parties to continue to the following date and time - STATUS CONFERENCE of 5/14/2014 is continued to May 30, 2014 at 11:00 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. signed by Magistrate Judge Barbara A. McAuliffe on 5/15/2014. (Herman, H) (Entered: 05/15/2014)

May 15, 2014

May 15, 2014

PACER
85

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 5/30/2014: Telephonic STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel Donald Spencer, Kelly Knapp, both telephonically - present. Defendants Counsel Michael Woods, telephonically - present. Court Reporter/CD Number: n chambers, off record. (Herman, H) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
86

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 5/30/2014: Discussions held regarding the status of the consent decree and the County's approval of jail staffing measures. The County Board of Supervisors will receive and review the jail staffing report by mid-June and the results of that review will have an impact on final consent decree terms. In light of the foregoing, the parties raised two key issues including: (1) the language needed to obtain the Court's final approval of the consent decree and (2) the need to set a further status conference after the submission of the jail staffing report. Accordingly, at the parties' request, the Court SETS a further Telephone Status Conference forTuesday, July 29, 2014 at 9:30ambefore Judge Barbara A. McAuliffe. No later than July 22, 2014, the parties shall file a status report updating the court on the status of negotiations. signed by Magistrate Judge Barbara A. McAuliffe on 5/30/2014. (Herman, H) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
87

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER
88

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 7/29/2014: Telephonic STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel Donald Specter and Kelly Knapp, appeared telephonically - present. Defendants Counsel Michael Woods, appeared telephonically - present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
89

MINUTE ORDER ***TEXT Only***: On July 29, 2014, the Court held a Telephonic Status Conference. The Court and parties discussed the status of ongoing settlement negotiations. Having considered the arguments of the parties, the Court SETS a Telephonic Status Conference for September 16, 2014, at 9:00 AM, in Courtroom 8, before United States Magistrate Judge Barbara A. McAuliffe. At least one week prior to the status Status Conference, the parties shall submit a joint status conference statement discussing the status of their ongoing settlement negotiations; particularly, the status of their negotiations concerning attorneys' fees. signed by Magistrate Judge Barbara A. McAuliffe on 7/29/2014. (Herman, H) (Entered: 07/29/2014)

July 29, 2014

July 29, 2014

PACER
90

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

PACER
91

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 9/16/2014: Telephonic STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel Donald Spencer, telephonically - present. Defendants Counsel Michael Woods, telephonically - present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
92

MINUTE ORDER ***TEXT Only***: On September 16, 2014, the Court held a telephonic status conference to discuss the parties' coordinated efforts to reach a final resolution in this matter. Progress towards a final settlement is ongoing and over the last month the parties have reached resolution on several major issues addressed in the consent decree. Subject to final approval of the Board of Supervisors, counsel has agreed on an attorneys' fee arrangement and settled various staffing issues. Still remaining is a resolution of the final remediation plan. Currently the parties are attempting to resolve discrepancies in the joint experts' recommendations and the County's implementation of those recommendations. Counsel agrees that although issues remain, they are not insurmountable. Per the request of counsel, the Court SETS a further Telephonic Status Conference for Wednesday, November 19, 2014 at 9:00 am before Judge McAuliffe. No later than November 12, 2014, the parties shall file a status report updating the court on the status of negotiations, including but not limited to, the County's response as to whether they will implement all or some of the joint experts' recommendations. signed by Magistrate Judge Barbara A. McAuliffe on 9/16/2014. (Herman, H) (Entered: 09/16/2014)

Sept. 16, 2014

Sept. 16, 2014

PACER
93

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
94

PROPOSED ORDER re Order After Hearing by County of Fresno. (Woods, Michael) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
95

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 11/19/2014: STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel Donald Specter, appeared by telephone - present. Defendants Counsel Michael Woods, appeared by telephone - present. Court Reporter/CD Number: in chambers, off record. (Herman, H) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
96

MINUTE ORDER ***TEXT Only***: On November 19, 2014, the Court held another telephonic status conference to discuss the parties' coordinated efforts to reach a final resolution in this matter. The parties are nearing the end of their settlement negotiations with only a few issues remaining. The County is currently in the process of determining whether the County's third party healthcare provider will be able to fully implement Plaintiffs' proposed remedial plan without additional contract negotiations. If further contract negotiations must take place, an amended contract is subject to final approval by the Board of Supervisors. Counsel also began discussing the proposed plan for caring for mentally ill prisoners housed in the segregation unit at the jail, but discussion on that issue was tabled until a later date. In the interim, the parties agreed to submit a stipulation to the Court agreeing that Defendants would complete a review of Plaintiffs' proposed remedial plan and submit a response to Plaintiffs on or before December 5, 2014. The Court set a further Telephonic Status Conference for Monday, December 15, 2014 at 9:00am before Judge Barbara A. McAuliffe. No later than December 10, 2014, the parties shall file a status report updating the Court on the status of the remedial plan and whether the Board of Supervisors will need to approve an amended contract with Corizon. signed by Magistrate Judge Barbara A. McAuliffe on 11/19/2014. (Herman, H) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
97

ORDER AFTER Hearing. On November 19, 2014, the parties appeared through counsel for a telephonic status conference on the progress of settlement negotiations. Having heard the positions of the parties and good cause appearing therefore in order to assure timely resolution of the negotiations, IT IS HEREBY ORDERED that on or before December 5, 2014, Defendant shall serve on Plaintiffs counsel a written response to Plaintiffs proposed Remedial Plan. IT IS FURTHER ORDERED that the next telephonic status conference shall be held on December 15, 2014 at 9:00 a.m. The parties shall submit a joint status conference statement on or before December 11, 2014. signed by Magistrate Judge Barbara A. McAuliffe on 11/21/2014. (Herman, H) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

RECAP
98

JOINT STATUS REPORT by County of Fresno. (Woods, Michael) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

PACER
99

MINUTES (Text Only) for proceedings held before Magistrate Judge Barbara A. McAuliffe on 12/15/2014: STATUS CONFERENCE held. Order to follow. Plaintiffs Counsel Donald Specter, appeared by telephone - present. Defendants Counsel Michael Woods, appeared by telephone - present. Court Reporter/CD Number: in chambers, off record. (Kusamura, W) (Entered: 12/16/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
100

MINUTE ORDER: (TEXT ENTRY ONLY) At the parties' request, the Court held another status conference to discuss the progress of final settlement negotiations in this matter. The Court declined to set final settlement deadlines, but the parties agreed to make all practical efforts to finalize their negotiations and present their final remedial plan to the board of supervisors. In the interim, Plaintiffs counsel will begin an informal monitoring process of already implemented changes at the jail. The Court set a further Telephonic Status Conference for Monday, February 2, 2015 at 9:00am before Judge Barbara A. McAuliffe. On or before January 28, 2015, the parties shall file a status report indicating the parties progress and relevant updates from the Board of Supervisors, signed by Magistrate Judge Barbara A. McAuliffe on 12/16/2014. (Kusamura, W) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Post-PLRA enforceable consent decrees

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 13, 2011

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All adult men and women now, or in the future, in the custody of the Fresno County Sheriff and now, or in the future, subject to an unreasonable risk of harm due to the following policies and practices: (a) Denial of minimally adequate medical care, (b) Denial of minimally adequate mental health care, (c) Denial of minimally adequate dental care, and (d) Denial of protection from injury and violence from other prisoners.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Fresno County Sheriff's Office (Fresno), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 900,000

Order Duration: 2015 - 2019

Content of Injunction:

Develop anti-discrimination policy

Hire

Monitoring

Reporting

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Conditions of confinement

Counseling

Disciplinary segregation

Excessive force

Failure to train

Record-keeping

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run