Case: Schilling v. TransCor America LLC

3:08-cv-00941 | U.S. District Court for the Northern District of California

Filed Date: Feb. 14, 2008

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On February 14, 2008, a pretrial detainee filed this class action lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued TransCor America, LLC and two of its employee officers under 42 U.S.C. § 1983 and 1988. TransCor is a company that transports pretrial detainees and prisoners throughout the United States for federal, state, and local governments. The plaintiff, represented by private counsel, initiated this action on behalf of himself and all persons …

On February 14, 2008, a pretrial detainee filed this class action lawsuit in the U.S. District Court for the Northern District of California. The plaintiff sued TransCor America, LLC and two of its employee officers under 42 U.S.C. § 1983 and 1988. TransCor is a company that transports pretrial detainees and prisoners throughout the United States for federal, state, and local governments. The plaintiff, represented by private counsel, initiated this action on behalf of himself and all persons similarly situated. He requested declaratory and injunctive relief as well as compensatory and punitive damages. The complaint included two claims for relief for: (1) violations of the Fourth, Eighth, and Fourteenth Amendments, and (2) violation of civil rights under California Civil Code § 52.1. The plaintiff claimed that the defendant's policy, practice, or custom of transporting pretrial detainees and prisoners in poor conditions amounted to violations of the Eighth Amendment's prohibition of cruel and unusual punishment. He also claimed that these practices violated his Fourth and Fourteenth Amendment rights to be free from the use to excessive force.

The plaintiff alleged that TransCor transported pretrial detainees and prisoners in small metal cages in which they could neither stand up nor lie down for more than 24 hours at a time, handcuffed, chained, and in shackles. He also claimed that TransCor failed to provide its detainees with adequate foods, fluids, exercise, hygiene, and medical care. Plaintiff also claimed that after four days of traveling, the two individual defendant employees of TransCor sprayed his face with pepper spray, walked him into poles, and punched him. Plaintiff was not allowed to shower or change clothes or see a nurse or a doctor until approximately two days later.

On May 8, 2008, the case was assigned to Judge Susan Illston who remained the district court judge for the life of the case. On August 11, 2008, she denied the defendant's motion to dismiss the complaint but granted its motion for a more definite statement on the plaintiff's claims under California law. In response to that order, on August 21, 2008, the plaintiffs filed their first amended complaint adding two additional named plaintiffs and specifying its claimed civil rights violations under California law.

Discovery began in early 2009. Judge Illston issued a protective order to maintain business confidentiality for TransCor.

On October 14, 2009, Judge Illston denied the defendants' motion to transfer venue and granted the plaintiffs' motion to file a second amended complaint. 2009 WL 3334889. On October 19, 2009, the plaintiffs filed their second amended complaint. It widened the definition of the class to include pretrial detainees and prisoners whose claims were timely as of February 14, 2006, two years before the original complaint was filed. The plaintiffs indicated that they had unintentionally excluded class members, including juveniles and state hospital inmates, who they learned more about during pre-class certification discovery.

On February 16, 2010, Judge Illston granted part of the plaintiffs' motion for class certification by granting certification to a class more narrow than sought by the plaintiffs. 2010 WL 583972. Specifically, it defined the class as pretrial detainees and prisoners transported by TransCor on behalf of a state agency between February 14, 2006 and February 16, 2010 who were forced to remain in restraints in the transport vehicle for more than 24 hours without being allowed to sleep overnight in a bed. It excluded anyone transported by TransCor on behalf of a federal agency. She also established a subclass to include people transported for more than 24 hours without being allowed to sleep in a bed. On March 16, 2010, Judge Illston approved the plaintiffs' motion to post a notice of pendency of this class action in Prison Legal News for three successive months.

The defendants subsequently sought to appeal that order. On April 21, 2011, Judges Raymond Fisher and Milan Smith Jr. of the United States Court of Appeals for the Ninth Circuit, denied defendants' petition to appeal the District Court's class action certification. On January 24, 2011, the United States Supreme Court denied defendants' petition for writ of certiorari.

Once back before the District Court, the parties each moved for summary judgment. On August 8, 2012, Judge Illston granted the defendants’ motion for summary judgment, finding that on a class-wide basis, the fact that class members were transported, restrained, and denied overnight sleep in a bed for 24 hours did not amount to a constitutional violation. 2012 WL 3257659. She noted that this did not preclude finding a constitutional violation for individual prisoners who were detained for longer periods or in different conditions with specific injuries.

On October 11, 2012, Judge Illston denied plaintiffs’ motion to amend the class certification order to establish classes of persons transported for two, three, four or more days. The effect of these orders was to restart the clock on the statute of limitations applicable to claims of persons who had been in the originally certified class. On December 12, 2012, the court granted the plaintiffs' request to prominently publish information about the litigation in Prison Legal News, explaining that the claims of other prisoners would be barred if they did not move to file their own actions in court.

On January 31, 2013, Judge Illston ordered the case dismissed with prejudice after the parties advised her that they agreed to a private settlement, though she noted that they could file something with the court within the next 90 days to get it back on the calendar if settlement had not yet occurred. On April 3, 2013, Judge Illston granted the parties' request to amend the order to stipulate that while the claims for the three named plaintiffs were dismissed with prejudice, the claims of the other class members were dismissed without prejudice. It also stated that the settlement did not include any side paying the others' attorney fees.

On April 8, 2013, members of the original class who did not settle filed another class action complaint in the Northern District of California, which is also in this Clearinghouse. On May 24, 2013, Judge Illston issued a notice that this second suit against Transcor America was related to the first and would be reassigned to her. Transcor moved for a venue transfer to the Middle District of Tennessee, which Judge Illston granted finding that while either venue was generally proper, Tennessee was more convenient as the location of TransCor's headquarters, non-party witnesses, and relevant documents. That case was transferred on August 29, 2013.

This case, however, is now closed.

Summary Authors

Denise Heberle (8/3/2012)

Veronica Portillo Heap (10/6/2018)

Related Cases

Cedillo v. Transcor America LLC, Middle District of Tennessee (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4171920/parties/schilling-v-transcor-america-llc/


Judge(s)

Fisher, Raymond C. (California)

Illston, Susan Yvonne (California)

Roberts, John Glover Jr. (District of Columbia)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Kaizuka, Joshua (California)

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Snell, Karen L. (California)

Attorneys(s) for Defendant

Fletcher, Ashlee B (Arizona)

Lewis, David C. (Arizona)

Judge(s)

Fisher, Raymond C. (California)

Illston, Susan Yvonne (California)

Roberts, John Glover Jr. (District of Columbia)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Kaizuka, Joshua (California)

Merin, Mark E. (California)

Schwartz, Andrew Charles (California)

Snell, Karen L. (California)

Attorneys(s) for Defendant

Fletcher, Ashlee B (Arizona)

Lewis, David C. (Arizona)

Love, Rachel (Arizona)

Spillner, Justus C. (California)

Struck, Daniel Patrick (Arizona)

Wahlin, Lisa S. (Arizona)

Documents in the Clearinghouse

Document

3:08-cv-00941

Docket

Schilling v. Transcor America

Dec. 16, 2014

Dec. 16, 2014

Docket
1

3:08-cv-00941

Schilling v. Transcor America (Complaint)

Schilling v. Transcor America

Feb. 14, 2008

Feb. 14, 2008

Complaint
4

3:08-cv-00941

Schilling v. Transcor America (Motion to Dismiss Class Action Complaint & For a More Definite Statement)

Schilling v. Transcor America

March 10, 2008

March 10, 2008

Pleading / Motion / Brief
25

3:08-cv-00941

Schilling v. Transcor America (Partial Grant and Denial of Motion to Dismiss the Complaint)

Schilling v. Transcor America

Aug. 11, 2008

Aug. 11, 2008

Order/Opinion
26

3:08-cv-00941

Schilling v. Transcor America (Amended Complaint)

Schilling v. Transcor America

Aug. 21, 2008

Aug. 21, 2008

Complaint
81

3:08-cv-00941

Schilling v. Trancor America (Motion to Transfer Venue Denied & Motion to File Second Amended Complaint Granted)

Schilling v. Transcor America

Oct. 14, 2009

Oct. 14, 2009

Order/Opinion
83

3:08-cv-00941

Second Amended Complaint

Schilling v. Transcor America LLC

Oct. 19, 2009

Oct. 19, 2009

Complaint
110

3:08-cv-00941

Schilling v. Transcor America (Class Certification Granted)

Schilling v. Transcor America

Feb. 16, 2010

Feb. 16, 2010

Order/Opinion
118

3:08-cv-00941

Schilling v. Transcor (Notice of Pendency of Class Action)

Schilling v. Transcor

March 16, 2010

March 16, 2010

Order/Opinion

10-00468

Schilling v. Transcor America (Denial of Writ of Certiorari to Supreme Court)

Schilling v. Transcor America

Supreme Court of the United States

Jan. 24, 2011

Jan. 24, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4171920/schilling-v-transcor-america-llc/

Last updated Sept. 2, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT /issued summons against Transcor America LLC, John Smith, Blanden ( Filing fee $ 350, receipt number 34611015836.). Filed byKevin M. Schilling. (ga, COURT STAFF) (Filed on 2/14/2008) (ga, COURT STAFF).

Feb. 14, 2008

Feb. 14, 2008

RECAP
2

ADR SCHEDULING ORDER: Case Management Statement due by 5/14/2008. Case Management Conference set for 5/21/2008 10:30 AM.. Signed by Judge James Larson on 2/14/08. (Attachments: # (1) Judge Standing Order, # (2) Court Standing Order, # (3) Consent/Decline Form)(ga, COURT STAFF) (Filed on 2/14/2008)

1 Judge Standing Order

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2 Court Standing Order

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3 Consent/Decline Form

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Feb. 14, 2008

Feb. 14, 2008

RECAP
3

SUMMONS Returned Executed by Kevin M. Schilling. Transcor America LLC served on 2/19/2008, answer due 3/10/2008. (Schwartz, Andrew) (Filed on 3/5/2008)

March 5, 2008

March 5, 2008

RECAP
4

MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement filed by Transcor America LLC. Motion Hearing set for 4/16/2008 09:30 AM in Courtroom F, 15th Floor, San Francisco. (Spillner, Justus) (Filed on 3/10/2008)

March 10, 2008

March 10, 2008

RECAP
5

Brief re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement Memorandum of Points and Authorities in Support Thereof filed byTranscor America LLC. (Related document(s)[4]) (Spillner, Justus) (Filed on 3/10/2008)

March 10, 2008

March 10, 2008

RECAP
6

Request for Judicial Notice re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement filed byTranscor America LLC. (Related document(s)[4]) (Spillner, Justus) (Filed on 3/10/2008)

March 10, 2008

March 10, 2008

RECAP
7

CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 5/14/2008 09:30 AM in Courtroom F, 15th Floor, San Francisco. (wh, COURT STAFF) (Filed on 3/11/2008)

March 11, 2008

March 11, 2008

RECAP
8

Memorandum in Opposition re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement filed byKevin M. Schilling. (Schwartz, Andrew) (Filed on 4/23/2008)

April 23, 2008

April 23, 2008

RECAP
9

REPLY to Response to Motion re [4] MOTION to Dismiss Plaintiff's Class Action Complaint and for a More Definite Statement Defendant Transcor America, LLC's Reply Brief in Support of Motion to Dismiss Plaintiff's Class Action Complaint and Motion for More Definite Statement filed byTranscor America LLC. (Fletcher, Matthew) (Filed on 4/30/2008)

April 30, 2008

April 30, 2008

RECAP
10

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options ADR Certification by Parties and Counsel (Fletcher, Matthew) (Filed on 4/30/2008)

April 30, 2008

April 30, 2008

RECAP
11

STIPULATION and Proposed Order selecting Mediation by Transcor America LLC re document [10]) (Fletcher, Matthew) (Filed on 5/1/2008)

May 1, 2008

May 1, 2008

RECAP
12

STIPULATION and Proposed Order selecting Mediation by Transcor America LLC re document [11]) (Fletcher, Matthew) (Filed on 5/1/2008)

May 1, 2008

May 1, 2008

RECAP
13

ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Schwartz, Andrew) (Filed on 5/2/2008)

May 2, 2008

May 2, 2008

RECAP
14

CONSENT to Proceed Before a US Magistrate Judge by Kevin M. Schilling.. (Schwartz, Andrew) (Filed on 5/5/2008)

May 5, 2008

May 5, 2008

RECAP
15

First Declination to Proceed Before a U.S. Magistrate Judge by Transcor America LLC and Request for Reassignment to a United States District Judge. (Fletcher, Matthew) (Filed on 5/6/2008)

May 6, 2008

May 6, 2008

RECAP
16

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (wh, COURT STAFF) (Filed on 5/7/2008)

May 7, 2008

May 7, 2008

RECAP
17

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Susan Illston for all further proceedings. Judge Magistrate Judge James Larson no longer assigned to the case. Signed by Executive Committee on 5/8/08. (mab, COURT STAFF) (Filed on 5/8/2008)

May 8, 2008

May 8, 2008

RECAP
18

CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 8/15/2008 09:00 AM. Initial case management set on 9/26/08 (ts, COURT STAFF) (Filed on 6/3/2008)

June 3, 2008

June 3, 2008

RECAP
19

Judge Illston's Standing Orders and Case Management Conference Order to CLERK'S NOTICE.(ts, COURT STAFF) (Filed on 6/3/2008)

June 3, 2008

June 3, 2008

RECAP
20

ORDER REFERRING CASE to Mediation.. Signed by Judge Illston on 6/3/08. (ts, COURT STAFF) (Filed on 6/4/2008)

June 4, 2008

June 4, 2008

RECAP
21

ADR Clerk's Notice Setting ADR Phone Conference on 6/19/2008 at 10:00 a.m. (cmf, COURT STAFF) (Filed on 6/6/2008)

June 6, 2008

June 6, 2008

RECAP
22

ADR Request to be excused from attending Mediation session in person (ADR L.R.6-9 d) Stipulation to Opt Out of the Northern District Court's ADR Program (Fletcher, Matthew) (Filed on 7/24/2008)

July 24, 2008

July 24, 2008

RECAP
23

NOTICE of Change In Counsel by Justus C. Spillner, III (Spillner, Justus) (Filed on 7/31/2008)

July 31, 2008

July 31, 2008

RECAP
24

ORDER removing case from ADR program. Signed by Judge Illston' on 8/1/08. (ts, COURT STAFF) (Filed on 8/5/2008)

Aug. 5, 2008

Aug. 5, 2008

RECAP
25

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS WITH LEAVE TO AMEND re [4]. An Amended Complaint is due 8/22/08. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 8/11/2008)

Aug. 11, 2008

Aug. 11, 2008

RECAP
26

AMENDED COMPLAINT First Amended Class Action Complaint; Demand for Jury Trial against all defendants. Filed byJohn Pinedo, William Tellez, Kevin M. Schilling. (Merin, Mark) (Filed on 8/21/2008)

Aug. 21, 2008

Aug. 21, 2008

RECAP
27

CLERK'S NOTICE Case Management Conference set for 11/14/2008 02:00 PM. (ts, COURT STAFF) (Filed on 9/5/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
28

CORRECT CLERK'S NOTICE Case Management Conference set for 11/14/2008 02:00 PM. (ts, COURT STAFF) (Filed on 9/5/2008)

Sept. 5, 2008

Sept. 5, 2008

RECAP
29

Answer to First Amended Class Action Complaint ANSWER to Amended Complaint byTranscor America LLC. (Fletcher, Matthew) (Filed on 9/8/2008)

Sept. 8, 2008

Sept. 8, 2008

RECAP
30

Certificate of Interested Entities

Nov. 4, 2008

Nov. 4, 2008

PACER
31

Joint Case Management Statement

Nov. 7, 2008

Nov. 7, 2008

PACER
32

Case Management Conference - Initial

Nov. 18, 2008

Nov. 18, 2008

PACER
33

Motion for Pro Hac Vice

1 receipt

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2 proposed order

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Feb. 5, 2009

Feb. 5, 2009

PACER
34

Motion for Pro Hac Vice

1 receipt

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2 proposed order

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Feb. 5, 2009

Feb. 5, 2009

PACER
35

Order on Motion for Pro Hac Vice

Feb. 9, 2009

Feb. 9, 2009

PACER
36

Order on Motion for Pro Hac Vice

Feb. 9, 2009

Feb. 9, 2009

PACER
37

Stipulation

Feb. 10, 2009

Feb. 10, 2009

PACER
38

Notice of Appearance

Feb. 10, 2009

Feb. 10, 2009

PACER
39

Notice of Appearance

Feb. 10, 2009

Feb. 10, 2009

PACER
40

protective order. Signed by Judge Illston on 2/10/09. (ts, COURT STAFF) (Filed on 2/11/2009)

Feb. 11, 2009

Feb. 11, 2009

RECAP
41

Notice (Other)

Feb. 24, 2009

Feb. 24, 2009

PACER
42

Notice (Other)

Feb. 24, 2009

Feb. 24, 2009

PACER
43

Notice (Other)

March 10, 2009

March 10, 2009

PACER
44

Joint Case Management Statement

March 20, 2009

March 20, 2009

PACER
45

Clerks Notice

March 26, 2009

March 26, 2009

PACER
46

Case Management Conference - Initial

March 31, 2009

March 31, 2009

PACER
47

In Chambers Conference

March 31, 2009

March 31, 2009

PACER
48

Motion to Continue

1 Affidavit Declaration of Karen Snell in Support of Motion to Extend Deadline for

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2 Proposed Order Proposed Order Extending Deadline for Service

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June 29, 2009

June 29, 2009

PACER
49

Order on Motion to Continue

July 1, 2009

July 1, 2009

PACER
50

Letter

July 2, 2009

July 2, 2009

PACER
51

Notice (Other)

July 2, 2009

July 2, 2009

PACER
52

ORDER continuing cmc to 8/21/09 @ 3 p.m.. Signed by Judge Illston on 7/2/09. (ts, COURT STAFF) (Filed on 7/6/2009)

July 6, 2009

July 6, 2009

RECAP
53

Stipulation

July 8, 2009

July 8, 2009

PACER
54

Stipulation

July 8, 2009

July 8, 2009

PACER
55

ORDER Re: deposition of Pinedo (ts, COURT STAFF) (Filed on 7/10/2009)

July 10, 2009

July 10, 2009

RECAP
56

ORDER Re: deposition of Tellez (ts, COURT STAFF) (Filed on 7/10/2009)

July 10, 2009

July 10, 2009

RECAP
57

Notice (Other)

July 31, 2009

July 31, 2009

PACER
58

Joint Case Management Statement

Aug. 14, 2009

Aug. 14, 2009

PACER
59

Stipulation

Aug. 14, 2009

Aug. 14, 2009

PACER
60

Summons Returned Executed

Aug. 17, 2009

Aug. 17, 2009

PACER
61

Summons Returned Executed

Aug. 17, 2009

Aug. 17, 2009

PACER
62

ORDER granting extension to serve Smith and Brummett re 59 . (ts, COURT STAFF) (Filed on 8/19/2009)

Aug. 19, 2009

Aug. 19, 2009

RECAP
63

Notice (Other)

Aug. 28, 2009

Aug. 28, 2009

PACER
64

Case Management Conference - Further

Aug. 31, 2009

Aug. 31, 2009

PACER
65

Notice (Other)

Sept. 1, 2009

Sept. 1, 2009

PACER
66

Answer to Amended Complaint

Sept. 9, 2009

Sept. 9, 2009

PACER
67

Jury Demand

Sept. 9, 2009

Sept. 9, 2009

PACER
68

Notice (Other)

Sept. 10, 2009

Sept. 10, 2009

PACER
69

Motion for Leave to File

1 Exhibit Second Amended Complaint

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Sept. 11, 2009

Sept. 11, 2009

PACER
70

Motion to Change Venue

1 Affidavit Sondra Pedigo

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2 Attachments A-C to Pedigo Affidavit

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3 Attachments D-E to Pedigo Affidavit

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4 Attachments F-I to Pedigo Affidavit

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5 Attachments J-K to Pedigo Affidavit

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6 Attachment L to Pedigo Affidavit

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7 Attachments M-P to Pedigo Affidavit

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8 Attachments Q-T to Pedigo Affidavit

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9 Affidavit Declaration of Jeff Brummett

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10 Affidavit John Smith

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11 Exhibit Pedigo Deposition

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12 Exhibit Lohberger Deposition

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13 Exhibit Sweet Deposition

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14 Exhibit Westbrook Deposition

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15 Exhibit Crouch Deposition

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16 Exhibit Smith Deposition

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17 Errata Brummett Deposition

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18 Exhibit Scott Deposition

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19 Exhibit Wisdom Deposition

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20 Exhibit Bradley Deposition

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21 Affidavit Struck Declaration

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22 Proposed Order

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Sept. 11, 2009

Sept. 11, 2009

PACER
71

Notice (Other)

Sept. 16, 2009

Sept. 16, 2009

PACER
72

Motion for Pro Hac Vice

1 receipt

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2 proposed order

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Sept. 17, 2009

Sept. 17, 2009

PACER
73

Order on Motion for Pro Hac Vice

Sept. 22, 2009

Sept. 22, 2009

PACER
74

Memorandum in Opposition

Sept. 25, 2009

Sept. 25, 2009

PACER
75

Affidavit in Support of Motion

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Sept. 25, 2009

Sept. 25, 2009

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76

Memorandum in Opposition

1 Exhibit 1-4

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2 Exhibit 5-13

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3 Exhibit 14-18

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4 Proposed Order

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Sept. 25, 2009

Sept. 25, 2009

PACER
77

Notice (Other)

Sept. 29, 2009

Sept. 29, 2009

PACER
78

Reply Memorandum

Oct. 2, 2009

Oct. 2, 2009

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79

Affidavit in Support of Motion

1 Exhibit A- Part I

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2 Exhibit A-Part II

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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Oct. 2, 2009

Oct. 2, 2009

PACER
80

Reply to Opposition/Response

1 Exhibit 1 through 4

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Oct. 2, 2009

Oct. 2, 2009

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81

ORDER DENYING DEFENDANTS' MOTION TO TRANSFER VENUE; GRANTING PLAINTIFFS LEAVE TO FILE SECOND AMENDED COMPLAINT re 69, 70 . Amended Complaint is due 10/19/09. (SI, COURT STAFF) (Filed on 10/14/2009)

Oct. 14, 2009

Oct. 14, 2009

RECAP
82

Notice (Other)

Oct. 19, 2009

Oct. 19, 2009

PACER
83

Amended Complaint

Oct. 19, 2009

Oct. 19, 2009

PACER
84

Stipulation

Oct. 29, 2009

Oct. 29, 2009

PACER
85

ORDER re discovery cutoff re 84 (tf, COURT STAFF) (Filed on 11/3/2009)

Nov. 3, 2009

Nov. 3, 2009

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86

Notice (Other)

Nov. 10, 2009

Nov. 10, 2009

PACER
87

Notice (Other)

Nov. 20, 2009

Nov. 20, 2009

PACER
88

Notice (Other)

Nov. 23, 2009

Nov. 23, 2009

PACER
89

Notice of Change In Counsel

Dec. 1, 2009

Dec. 1, 2009

PACER
90

Motion to Certify Class

Dec. 1, 2009

Dec. 1, 2009

PACER
91

Declaration in Support

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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Dec. 1, 2009

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Exhibits

1 Exhibit I

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2 Exhibit J

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3 Exhibit K

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4 Exhibit L

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5 Exhibit M

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6 Exhibit N

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7 Exhibit O

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8 Exhibit P

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Dec. 1, 2009

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Exhibits

1 Exhibit R

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2 Exhibit S

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3 Exhibit T

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4 Exhibit U

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Dec. 1, 2009

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Exhibits

1 Exhibit V Part 2

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Dec. 1, 2009

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Exhibits

1 Exhibit X Part 1

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Dec. 1, 2009

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Exhibits

1 Exhibit X Pt 9

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Dec. 1, 2009

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Exhibits

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Dec. 1, 2009

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Exhibits

1 Exhibit Y - Pt 2

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4 Exhibit Z

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5 Exhibit AA Pt 1

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Dec. 1, 2009

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Exhibits

1 Exhibit AA - Pt 6

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2 Exhibit AA - Pt 7

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3 Exhibit AA - Pt 8

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4 Exhibit AA - Pt 9

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5 Exhibit AA - Pt 10

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6 Exhibit AA - Pt 11

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7 Exhibit AA - Pt 12

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Dec. 1, 2009

Dec. 1, 2009

PACER
100

Exhibits

1 Exhibit AA -Pt 14

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2 Exhibit AA Pt 15

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3 Exhibit AA Pt 16

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4 Exhibit AA Pt 17

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5 Exhibit AA Pt 18

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6 Exhibit AA Pt 19

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Dec. 1, 2009

Dec. 1, 2009

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 14, 2008

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Pre-trial detainees and prisoners transported by defendant, Transcor America for periods over 24 hours, in shackles and unable to stand up or sit down.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Transcor America LLC, Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Assault/abuse by staff

Conditions of confinement

Excessive force

Pepper/OC spray

Restraints : physical

Transportation

Type of Facility:

Non-government for-profit