Case: Valdivia v. Davis

2:94-cv-00671 | U.S. District Court for the Eastern District of California

Filed Date: May 2, 1994

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 2, 1994, a group of California parolees filed a class action lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 against the State of California. Specifically, plaintiffs challenged California's parole revocation procedures under the Fourteenth Amendment and alleged that the state violated their due process rights.On December 1, 1994, the Court (Honorable Lawrence K. Karlton) certified a class defined as California parolees (1) who are at lar…

On May 2, 1994, a group of California parolees filed a class action lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 against the State of California. Specifically, plaintiffs challenged California's parole revocation procedures under the Fourteenth Amendment and alleged that the state violated their due process rights.

On December 1, 1994, the Court (Honorable Lawrence K. Karlton) certified a class defined as California parolees (1) who are at large; (2) who are in custody as alleged parole violators awaiting revocation of their parole status; or (3) who are in custody having been found in violation of parole.

For the next several years, the parties engaged in prolonged discovery. On June 13, 2002, the Court granted partial summary judgment to plaintiffs, holding that California's parole revocation system failed to safeguard plaintiffs' due process rights under Morrissey, 408 U.S. 481, 487-90 (1972). The Court's order emphasized that, in order to ensure adequate due process, probable cause hearings must be both accurate and promptly-held. Valdivia v. Davis, 206 F.Supp. 2d 1068 (E.D. Cal. 2002). Four months later, on October 18, 2002, the Court ordered defendants to file a proposed remedial plan to address the identified due process violations.

On March 17, 2003, defendants presented their proposed Valdivia Remedial Plan (VRP), which added a preliminary Probable Cause Hearing (PCH) to the parole revocation process. Plaintiffs filed objections to the VRP related to the timing and substance of the PCH. On July 23, 2003, the Court set forth the following minimum standards for hearing: that they be conducted by a neutral decision-maker, that parolees have an opportunity to present documentary evidence and cross-examine adverse witnesses, and that the hearing's results be documented in a written report. Valdivia v. Davis, July 23, 2003.

In November 2003, the parties filed a stipulated order for permanent injunctive relief, which the Court approved in March 2004; this injunction included for alternative sanctions for minor parole violations, a PCH within 10 days after a parolee is notified of charges, a revocation hearing no later than 35 days after a parole hold is placed, and appointment of attorneys to represent all parolees facing revocation proceedings.

The parties then fought for years over compliance issues:

  • Defendants moved, successfully, for the appointment of a Special Master, and on December 16, 2005, the Court appointed Chase Riveland to the position. The Special Master has subsequently filed thirteen reports with the court addressing the implementation of the VRP.
  • On June 9, 2005, the Court found defendants in violation of the permanent injunction by virtue of a policy decision to prohibit the consideration and use of electronic in-home detention (EID) and substance abuse treatment control units as sanctions in lieu of parole revocation.
  • On August 31, 2005, the Court ordered that parolees' counsel receive access to information in their client's parole field files without any limitations or restrictions on disclosing the information to the parolee based on perceived risk of harm to the parolee's mental health.
  • On September 15, 2006, the Court ordered the case related to L.H. v. Schwarzenegger, 2:06-cv-02042-LKK-GGH (E.D. Cal.).
  • On November 13, 2006, the Court ordered implementation of the recommendations contained in the Special Master's 9/14/06 report, including improving their information systems and maintaining the infrastructure needed for self-monitoring. The Court noted that the information system changes should be coordinated with the changes already underway pursuant to a court order from Armstrong v. Schwarzenegger, 4:94-cv-02307-CW (N.D. Cal.).
  • On April 4, 2007, the Court entered a stipulated order requiring defendants to take certain steps to ensure timely compliance with the remedial sanctions provisions of the permanent injunction. These steps included, among others, adding more beds as part of the In Custody Drug Treatment Program (ICDTP), increasing the number of operational EID units, as well as distributing information regarding their updated policies and procedures.
  • On January 14, 2008, the Court ordered that defendants undertake, in consultation with plaintiff attorneys and the special master, efforts to afford due process to parolees who appear too mentally ill to participate in parole revocation proceedings.
  • On March 25, 2008, the Court adopted the report and recommendations of the Special Master, which held that use of hearsay evidence in parole revocation proceedings would be limited by parolee's confrontation rights as established by controlling law. Valdivia v. Schwarzenegger, 548 F.Supp.2d 852 (E.D. Cal. 2008). This decision was upheld by the United States Court of Appeals for the 9th Circuit. 603 F.Supp.2d 1275 (E.D. Cal 2009).
  • On August 7, 2008, the Court ordered specific procedures for Defendants upon taking custody of parolees who may have mental health problems. This order was prompted by a motion submitted jointly by plaintiff classes in this case and Coleman v. Schwarzenegger (see PC-CA-0002).
  • On April 12, 2010, the district court found Defendants in substantial compliance with the injunction's requirements regarding designation of information as confidential, consideration of remedial sanctions at each step, remedial sanctions order requirements for female parolees, and out of county transfers.
  • On December 2, 2010 the district court held that the defendants had met the requirements of the court's April 4, 2007 order and the return to custody assessment step of the revocation process for all facilities, including Los Angeles County Jail. Moreover, the court found defendants in violation of the November 13, 2006 order concerning information system changes. Valdivia v. Schwarzenegger, 2010 WL 4983396 (E.D. Cal. Dec. 2, 2010).
  • On May 13, 2011, the Court found the Defendants in substantial compliance with the injunction's requirements that Plaintiffs' counsel have access to the information reasonably necessary to monitor compliance and that Deputy Commissioners shall not have authority to increase the Return to Custody Assessment at the PCH.

On November 4, 2008, California voters passed Proposition 9, which altered a number of the parameters for the parole revocation systems that had been mandated by the VRP. Plaintiffs moved to enjoin enforcement of portions of Proposition 9 as conflicting with the VRP; defendants cross-moved to modify the VRP to conform to the new law. After hearing, the Court denied the defendants' motion and granted plaintiffs' motion in substantial part. Valdivia v. Schwarzenegger, 603 F. Supp. 2d 1275 (E.D. Cal. 2009). On appeal, the Ninth Circuit held that the court erred by failing to make an express determination that Proposition 9 violated constitutional rights or that the injunction was necessary to remedy a constitutional violation. Valdivia v. Schwarzenegger, 599 F.3d 984 (9th Cir. 2010). On remand, the Court determined several aspects of Proposition 9 were unconstitutional and ultimately granted plaintiffs' motion to enforce the VRP, with some modifications. Valdivia v. Brown, 2012 WL 219342 (E.D. Cal. Jan. 23, 2012).

In April of 2011, California transferred substantial responsibilities for the parole system to county authorities and state courts. On July 2, 2013, the Court found that the statutory realigned rendered this case moot and directed the parties to file their final motions for fees and costs. On December 17, 2013, the Ninth Circuit dismissed all pending appeals as moot.

This case is now closed.

Summary Authors

Timothy Shoffner (10/12/2012)

Tifani Sadek (10/2/2014)

Related Cases

L.H. v. Schwarzennegger, Eastern District of California (2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4161514/parties/valdivia-v-schwarzenegger/


Judge(s)

Hawkins, Michael Daly (Arizona)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Noonan, John T. Jr. (California)

Attorneys(s) for Plaintiff

Aljens, Erika C. (Pennsylvania)

Baldwin, Holly MacLeish (California)

Bien, Michael W. (California)

Burrell, Susan L. (California)

Comiskey, Paul Wayne (California)

Galvan, Ernest (California)

Judge(s)

Hawkins, Michael Daly (Arizona)

Hollows, Gregory G. (California)

Karlton, Lawrence K. (California)

Noonan, John T. Jr. (California)

Attorneys(s) for Plaintiff

Aljens, Erika C. (Pennsylvania)

Baldwin, Holly MacLeish (California)

Bien, Michael W. (California)

Burrell, Susan L. (California)

Comiskey, Paul Wayne (California)

Galvan, Ernest (California)

Grunfeld, Gay Crosthwait (California)

Herman, Richard P. (California)

Holtz, Geoffrey Thomas (California)

Huey, Shirley (California)

Kennard, Karen (California)

Landon, Alexander L. (California)

Miller, Andrea M. (California)

Morris, Maria V. (Alabama)

Nelson, Laurel M. (California)

Palumbo, Kristen A. (California)

Pavone, Benjamin Laurence (California)

Perrello, Stephen J. Jr. (California)

Prescott, David (California)

Rifkin, Lori Ellen (California)

Rosen, Sanford Jay (California)

Specter, Donald H. (California)

Stewart, Loren Grey (California)

Walczak, Kenneth M. (California)

Wallace, Jackson (California)

Willits, Mari L. (California)

Attorneys(s) for Defendant

Acquisto, Stephen (California)

Anderson, Robert R. (California)

Cashdollar, William V. (California)

Devencenzi, Jessica (California)

Grunder, Frances T. (California)

Gruwell, Paul B. (California)

Humes, James M. (California)

Jacob, Renju Palanilkumuryil (California)

Johnson, S. Anne (California)

Lee, Michael Gregory (California)

Lockyer, Bill (California)

Manian, Maya (California)

Mello, Paul Brian (California)

Nussbaum, Peter David (California)

Oliver-Thompson, Megan (California)

Patterson, Thomas S. (California)

Rice, Benjamin Terrence (California)

Schneider, Walter R. (California)

Tebrock, Katherine (California)

Whitney, Vickie Pochelle (California)

Wolff, Samantha D. (California)

Other Attorney(s)

Adams, Mark F. (California)

Flood, Valerie D (California)

McCabe, Michael J. (California)

Philipsborn, John Timothy (California)

Expert/Monitor/Master

Campbell, Nancy (Washington)

Riveland, Chase (Washington)

Documents in the Clearinghouse

Document

2:94-cv-00671

08-15889

12-15457

12-15492

95-80113

Docket [PACER]

Valdivia v. Schwarzenegger

April 23, 2014

April 23, 2014

Docket
1

2:94-cv-00671

CIVIL COMPLAINT-CLASS ACTION FOR DECLARATORY AND INJUNCTIVE RELIEF AND FOR DAMAGES

Cervantes v. California

May 2, 1994

May 2, 1994

Complaint
76

2:94-cv-00671

Order [certifying P class]

Cervantes v. California

Nov. 29, 1994

Nov. 29, 1994

Order/Opinion
540

2:94-cv-00671

Order {Denying Defendant's Motion to Dismiss}

Sept. 8, 2000

Sept. 8, 2000

Order/Opinion
664

2:94-cv-00671

Order [granting partial summary judgment to Pl.]

206 F.Supp.2d 1068

June 13, 2002

June 13, 2002

Order/Opinion
709

2:94-cv-00671

Order [certifying Def's interlocutory appeal re: 6/13/02 order]

Aug. 29, 2002

Aug. 29, 2002

Order/Opinion
714

2:94-cv-00671

FIFTH AMENDED CIVIL CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Valdivia v. Wilson

Sept. 13, 2002

Sept. 13, 2002

Complaint
742

2:94-cv-00671

Order [that Def. serve proposed remedial plan]

Oct. 17, 2002

Oct. 17, 2002

Order/Opinion
796

2:94-cv-00671

Order [ruling on P's objections to D's proposed remedial plan]

July 23, 2003

July 23, 2003

Order/Opinion

2:94-cv-00671

Stipulated Order for Permanent Injunctive Relief

Valdivia v. Schwarzenegger

Nov. 19, 2003

Nov. 19, 2003

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4161514/valdivia-v-schwarzenegger/

Last updated Aug. 2, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link

LODGED Order after hearing by plaintiffs (old) (Entered: 09/21/1994)

Sept. 20, 1991

Sept. 20, 1991

664

ORDER by Honorable Lawrence K. Karlton ORDERING motion for partial summary judgment by plaintiffs [606-1] GRANTED, (cc: all counsel) (ndd)

June 13, 2002

June 13, 2002

RECAP
1

COMPLAINT before Honorable Lawrence K Karlton; Case referred to Magistrate Gregory G Hollows; Summons issued; fee paid; Receipt # 158131; jury demand by plaintiff; Notice re: Consent forms sent (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

999

LETTER to court from Gerald Haskin is in favor of the settlement (ndd) (Entered: 02/13/2004)

Feb. 12, 2004

Feb. 12, 2004

PACER
1032

LETTER to court from Donald R Miller requesting the governor's address and a parolee handbook (ndd) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

PACER
2

ORDER setting scheduling conference for 10:30 am on 8/1/94 before Honorable Lawrence K Karlton (cc: all counsel) (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

1033

MINUTES of Final Approval and Fairness Hearing before Honorable Lawrence K. Karlton: no objectors present in court; court finds settlement fair and appropriate; settlement is approved [819-1]; GRANTED further status conference SET for 10:00 5/24/04 C/R C Bodene (ndd) (Entered: 03/09/2004)

March 8, 2004

March 8, 2004

PACER
3

MOTION for preliminary injunction by plaintiff Williams motion to be heard by Honorable Lawrence K Karlton (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

4

MOTION for temporary restraining order by plaintiff Cervantes and for preliminary injunction by plaintiff motion to be heard by Honorable Lawrence K Karlton (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

1034

[TERMINATED - see 1863 Order] STIPULATED ORDER for Permanent Injunctive Relief by Honorable Lawrence K. Karlton ORDERED that the court finds that this is not a "civil case with respect to prison conditions," as those terms are defined and applied in the Prison Litigation Reform Act (PLRA), and that therefore this order is not governed by the PLRA; dfts, their agents, employees and successors in office are ordered to comply with all the terms stated in this order (see order for details) (cc: all counsel) (ndd) Modified on 11/21/2013 (Michel, G). (Entered: 03/09/2004)

March 9, 2004

March 9, 2004

PACER
5

POINTS AND AUTHORITIES by plaintiffs in support of motion for temporary restraining order and [4−1], of motion [4−2] for preliminary injunction by plaintiff Cervantes and motion preliminary injunction by plaintiff Williams [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

1035

Motion to intervene by Lorenzo Arteaga (ndd) (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

PACER
1036

LETTER to court from Juan Franco Jr seeking help from the court to reduce his sentence (ndd) (Entered: 03/11/2004)

March 10, 2004

March 10, 2004

PACER
6

DECLARATION of Steven G Williams in support of motion for temporary restraining order [4−1], motion for preliminary injunction [4−2] [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

7

DECLARATION of Attonrey Stephen J Perrello Jr in support re motion for preliminary injunction by plaintiff Williams [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

1037

MOTION to reset motion to intervene and motion for production of unconstitutionally and falsely imprisoned material witness by Lorenzo Arteaga (ndd) (Entered: 03/12/2004)

March 11, 2004

March 11, 2004

PACER
8

DECLARATION of attorney Paul Comiskey in support of motion for temporary restraining order by plaintiff Cervantes [4−1], and motions for preliminary injunction by plaintiffs [4−2] [3−1] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

1038

LETTER to court from Brent D Vaughn Alves Sr suggestions re the revoketion process (ljr) (Entered: 03/15/2004)

March 12, 2004

March 12, 2004

PACER
9

DECLARATION of Vincent Cervantes in support of motion for temporary restraining order [4−1] and motion for preliminary injunction [4−2] (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

1039

LETTER to court from several parolees regarding settlement proposal (mdk) (Entered: 03/16/2004)

March 15, 2004

March 15, 2004

PACER
1040

LETTER to court from inmate Armando Rodriguez regarding case (mdk) (Entered: 03/16/2004)

March 15, 2004

March 15, 2004

PACER

LODGED order on motions for restraining order and injunction by plaintiffs (old) (Entered: 05/02/1994)

May 2, 1994

May 2, 1994

1041

LETTER to court from inmate Tracy Walker regarding case (mdk) (Entered: 03/16/2004)

March 15, 2004

March 15, 2004

PACER
10

MINUTES of 5/2/94 before Honorable Lawrence K Karlton: Setting hearing on motion for temporary restraining order [4−1] and preliminary injunction [4−2] [3−1] by plaintiff's for 9:15 am on 5/19/94 (old) (Entered: 05/04/1994)

May 2, 1994

May 2, 1994

1042

LETTER to court from inmate Bill Stokes regarding case (nac) (Entered: 03/17/2004)

March 16, 2004

March 16, 2004

PACER
11

ORDER by Honorable Lawrence K Karlton ORDERING the court will construe pltfs' memoranda of points and authorities in support of TRO as their moving papers on the motion for a preliminary injunction; All opposition to the granting of the motion must be filed by 5/13/94; Reply brief, if any, to be filed by 5/17/94; Hearing on motion is SET for 5/19/94 at 9:15 in ctrm 1; The parties are directed to address in their briefs the effect ot he Younger doctrine on the availability of injunctive relief in this case (cc: all counsel) (old) (Entered: 05/05/1994)

May 5, 1994

May 5, 1994

12

LODGED Document order on motions for restraining order and injunction by pltfs−NOT TO BE SIGNED (old) (Entered: 05/05/1994)

May 5, 1994

May 5, 1994

1043

ORDER by Honorable Lawrence K Karlton: Notice entitled "Motion to Intervene" [1035-1] DENIED; any future filings by Mr Arteaga shall be placed in file and DISREGARDED; Clerk directed to serve copy of this Order on Lorenzo Arteaga (E-66703) (cc: all counsel) (mm1) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

PACER
1044

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERING the stipulated order for permanent injunctive relief GRANTED; By 05/24/04 the parties are ordered to lodge with the court a proposed form of final notice to pltfs Class which shall also resolve the two issues remaining for resolution; The status conference set for 05/03/04 VACATED (cc: all counsel) (nac) (Entered: 03/17/2004)

March 17, 2004

March 17, 2004

PACER
13

NOTICE pursuant to Local Rule 231(D)(3) by defendant setting hearing for 5/19/94 at 9:00 am on motion for preliminary injunction before Honorable Lawrence K Karlton (old) (Entered: 05/11/1994)

May 10, 1994

May 10, 1994

LODGED [proposed] order granting final approval of stipulated order for permanent injunctive relief (mdk)

March 18, 2004

March 18, 2004

PACER
14

OPPOSITION by defendants to motion for temporary restraining order [4−1] and motions for preliminary injunction [3−1][4−2] by plaintiffs (old) (Entered: 05/13/1994)

May 13, 1994

May 13, 1994

15

REPLY MEMORANDUM on motions for preliminary injunctions by plaintiffs (old) (Entered: 05/17/1994)

May 17, 1994

May 17, 1994

1050

LETTER to court from counsel for plaintiff regarding Proposed Order Granting Final Approval of Stipulated Order for Permanent Injunctive Relief [0-0] (ndd) (Entered: 03/25/2004)

March 18, 2004

March 18, 2004

PACER
16

DECLARATION of Stephen J Perrello, Jr in support of motions for temporary restraining order [4−1] and motions for preliminary injunction [4−2] [3−1] (old) (Entered: 05/17/1994)

May 17, 1994

May 17, 1994

LODGED Document: Propoed Order Granting Final Approval lodged on 3/18/04 (NOT TO BE SIGNED PER JUDGE) (ndd)

March 18, 2004

March 18, 2004

PACER

LODGED Stipulation and Proposed Order regarding Motion for reasonable attorneys' fees an expenses by defendants (ndd)

March 19, 2004

March 19, 2004

PACER
17

MOTION in limine to preclude oral testimony and for other relief by pltfs motion to be heard on 5/19/94 at 9:15 by Honorable Lawrence K Karlton (old) (Entered: 05/17/1994)

May 17, 1994

May 17, 1994

1045

LETTER to court from Charlie Zawtow requesting a transcript of the hearing and asking how revocation hearing is going to change (ndd) (Entered: 03/23/2004)

March 22, 2004

March 22, 2004

PACER
18

DECLARATION of Michael Connolly in support of opposition to motions for preliminary injunction [14−1] (old) (Entered: 05/18/1994)

May 17, 1994

May 17, 1994

19

OPPOSITION by defendants State of CA, Joe Sandoval, Craig L Brown, James Gomez to motion in limine to preclude oral testimony and for other relief by pltfs [17−1] (old) (Entered: 05/19/1994)

May 18, 1994

May 18, 1994

1046

ORDER from 9th Circuit appeal [798-1] DISMISSED (ndd) (Entered: 03/23/2004)

March 22, 2004

March 22, 2004

PACER
1047

NOTICE of Redesignation of counsel for service by defendants (ndd) (Entered: 03/23/2004)

March 22, 2004

March 22, 2004

PACER
20

RESPONSE TO PLAINTIFFS REPLY by defendants State of CA, Joe Sandoval, Craig L Brown, James Gomez to response to motion in limine to preclude oral testimony and for relief [17−1] (old) (Entered: 05/19/1994)

May 18, 1994

May 18, 1994

21

MINUTES before Honorable Lawrence K Karlton: Hearing on pltf's motions for preliminary injunctions (4−1][4−2][3−1] Motions DENIED; Deft to prepare order; Documents and exhibits filed in court (old) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

1048

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERED that the 4/2/04 date for a motion for reasonable attorneys' fees and expenses and the subsequent dates for response, reply and the 6/7/04 hearing are VACATED; in addition, the time for submitting a bill of costs is suspended as to taxable costs incurred by plts' counsel, to allow costs to be sought concurrently with attorneys' fees and expenses; status conference re attorneys' fees and expenses is SET for 10:00 6/7/04 with a joint status conference statement due on 5/28/04 (cc: all counsel) (ndd) (Entered: 03/24/2004)

March 24, 2004

March 24, 2004

PACER
1049

NOTICE regarding copy of Complaint from case CIV.S-04-0277 GEB GGH P (ordered to be filed in this case by GGH) (mm1) (Entered: 03/25/2004)

March 25, 2004

March 25, 2004

PACER
22

SUPPLEMENTAL DECLARATION of Issac Cubillos for preliminary injunctions (old) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

1051

LETTER to court from Craig Ogans re his false charges (ndd) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

PACER
34

SUPPLEMENTAL DECLARATION of Stephen J Perrello, Jr for preliminary injunctions (old) Modified on 06/14/1994 (Entered: 06/09/1994)

May 19, 1994

May 19, 1994

23

TRANSCRIPT of Judges Decision on 5/19/94 (old) (Entered: 05/24/1994)

May 23, 1994

May 23, 1994

1052

LETTER to court from inmate Lorenzo Arteaga entitled "petition for rehearing of order and motion for new trial" (mdk) (Entered: 03/29/2004)

March 26, 2004

March 26, 2004

PACER
24

NOTICE of lodging of proposed order by defendants State of California, Joe Sandoval, Craig L Brown, James Gomez (old) (Entered: 05/25/1994)

May 24, 1994

May 24, 1994

1053

LETTER to court from Tonia Kennard re her medical problem (ndd) (Entered: 03/31/2004)

March 30, 2004

March 30, 2004

PACER

LODGED order after hearing on plaintiffs motions for preliminary injunctions by defendants (old) (Entered: 05/25/1994)

May 24, 1994

May 24, 1994

1054

LETTER to court from inmate Allen Hope regarding this case (nac) (Entered: 04/05/2004)

April 2, 2004

April 2, 2004

PACER
1055

LETTER to court from inmate Kenneth Dawson regarding the settlement (nac) (Entered: 04/06/2004)

April 5, 2004

April 5, 2004

PACER
25

ANSWER and demand for jury trial by defendants (old) (Entered: 05/25/1994)

May 24, 1994

May 24, 1994

1056

LETTER to court from inmate Leonardo Muro Cervantes regarding the settlement (nac) (Entered: 04/08/2004)

April 7, 2004

April 7, 2004

PACER
26

NOTICE by paintiffs Vincent Cervantes, Steven G Williams of partial transcript of 5/19/94 (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

27

CONDITIONAL MOTION by plaintiffs for hearing and argument on order denying motions for preliminary injunctions (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

LODGED Proposed Protective Order re plaintiffs' lead counsel's time records (ndd)

April 12, 2004

April 12, 2004

PACER
1057

PROTECTIVE ORDER Re Plts' Lead Counsel's Time Records by Honorable Lawrence K. Karlton ORDERED that Time runs, summaries and all information contained therein (the "Fee/Costs Information:) shall, as to dfts, be regarded as confidential and subject to this protective order; plts' lead counsel may designate any Fee/Cost Information which is filed with the court for filing under seal; dfts, their counsel and their outside experts or consultants, shall not reveal this fee/Cost Information in any manner to any person other than those listed in paragraph 2 (See order for details) (cc: all counsel) (ndd) (Entered: 04/13/2004)

April 13, 2004

April 13, 2004

PACER
28

MEMORANDUM by plaintiffs Vincent Cervantes, Steven G Williams in support of motion by plaintiffs for hearing and argument on order denying motions for preliminary injunctions [27−1] (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

29

DECLARATION of Attorney Stephen J Perrello Jr in opposition to lodged proposed Order (on settlement of order denying motions) submitted by defendants (old) (Entered: 06/02/1994)

May 31, 1994

May 31, 1994

1058

LETTER to court from Robert Biggs requesting information re the new revocation hearing law, half time laws and laws to come in the month of June (ndd) (Entered: 04/23/2004)

April 22, 2004

April 22, 2004

PACER
1059

LETTER to court from Solin P League requesting help from the court to protect him from being harmed by parole officers (ndd) (Entered: 04/26/2004)

April 26, 2004

April 26, 2004

PACER
30

OPPOSITION by defendants to motion by plaintiffs for hearing and argument on proposed order denying motions for preliminary injunctions [27−1] (old) (Entered: 06/03/1994)

June 2, 1994

June 2, 1994

1060

LETTER to court from inmate Robert Ross regarding case (mdk) (Entered: 05/03/2004)

May 3, 2004

May 3, 2004

PACER
31

FURTHER OPPOSITION by defendants to motion by plaintiffs for hearing and argument on order denying motions for preliminary injunctions [27−1] (old) (Entered: 06/08/1994)

June 6, 1994

June 6, 1994

32

ORDER by Honorable Lawrence K Karlton DENYING motions for preliminary injunction by plaintiff [4−2] [3−1] and ORDERING the court emphasizes that its order is limited to the motion before it and is issued without prejudice to any future motions by either party; The plaintiffs' Conditional Motion for hearing and Argument is therefore MOOT (cc: all counsel) (old) (Entered: 06/08/1994)

June 8, 1994

June 8, 1994

1061

LETTER to court from Raile Tilley informed the court that there is a discrepancy concerning the time to bring a parolee to the BPT Board and the actual time happened to him, 100 days (ndd) (Entered: 05/10/2004)

May 7, 2004

May 7, 2004

PACER
1062

LETTER to court from Harry Stephen requesting for more information re the case and the date of settlement (ndd) (Entered: 05/13/2004)

May 12, 2004

May 12, 2004

PACER
33

LODGED Document by defendants of order after hearing on plaintiffs' motions for preliminary injunctions−NOT TO BE SIGNED by LKK (old) (Entered: 06/08/1994)

June 8, 1994

June 8, 1994

LODGED stipulation and proposed order regarding motion for reasonable attorneys' fees and expenses by dfts (nac)

May 21, 2004

May 21, 2004

PACER
35

MOTION by defendants to stay the damages portion and the equitable portion of the case motion to be heard by Honorable Lawrence K Karlton on 7/18/94 at 10:00am (old) (Entered: 06/15/1994)

June 14, 1994

June 14, 1994

LODGED stipulation and proposed order regarding current lead counsels' motion for reasonable attorneys' fees and expenses (mdk)

May 24, 2004

May 24, 2004

PACER
36

NOTICE OF MOTION AND MOTION to dismiss by defendants motion to be heard on 7/18/94 at 10:00 by Honorable Lawrence K Karlton (old) (Entered: 06/16/1994)

June 15, 1994

June 15, 1994

LODGED Stipulation and Order re Final Notice to plt class by plaintiffs (ndd)

May 24, 2004

May 24, 2004

PACER
37

MOTION to continue by plaintiffs Vincent Cervantes and Steven G Williams ; motion to be heard on 07/18/94 at 10:00am by Honorable Lawrence K Karlton (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

1063

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERING status conference currently set for 6/7/04 regarding attorney's fees VACATED ; the motion for pltfs' attorney's fees and expenses shall be briefed and argued according to the following schedule: motion due by 7/12/04, dfts' opposition due by 8/2/04, pltfs' reply due by 8/16/04, and hearing shall be on 8/23/04 (cc: all counsel) (mdk) (Entered: 05/25/2004)

May 25, 2004

May 25, 2004

PACER
38

RESPONSE by plaintiffs Vincent Cervantes and Steven G Williams to motion to dismiss by defendants [36−1] and motion by defendants to stay the damages portion and the equitable portion of the case [35−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

39

MOTION to amend complaint by plaintiffs Vincent Cervantes and Steven G Williams ; motion to be heard on 09/06/94 at 10:00am by Honorable Lawrence K Karlton (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

1064

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERED that the 5/24/04 status conference is VACATED ; the notices to plt Class attached hereto as Exh A and B shall be published in the manner described in this stipulation and dfts shall file and serve an affidavit affirming that they published the Notice as required in this order by no later than 6/24/04 (cc: all counsel) (ndd) (Entered: 05/26/2004)

May 26, 2004

May 26, 2004

PACER
40

DECLARATION of Stephen J Perrello Jr In Support of motion to continue by plaintiffs Vincent Cervantes and Steven G Williams [37−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

1065

LETTER to court from Richard A Mongeon apprised the court that BOP disregarding any and all agreements in this case (ndd) (Entered: 05/28/2004)

May 27, 2004

May 27, 2004

PACER
1067

LETTER to court from Donald Hooker requesting info on this case (hk) (Entered: 06/01/2004)

May 28, 2004

May 28, 2004

PACER
41

MEMORANDUM of Points and Authorities in support of motion to continue by plaintiffs Vincent Cervantes and Steven G Williams [37−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

1066

STIPULATION AND ORDER by Honorable Lawrence K. Karlton ORDERING status conference RESET from 6/1/04 to 1:30 9/13/04 regarding attorneys' fees and expenses, with a joint status conference statement due on 9/3/04 (cc: all counsel) (mdk) (Entered: 06/01/2004)

June 1, 2004

June 1, 2004

PACER
42

MEMORANDUM of Points and Authorities in support of motion to amend complaint by plaintiffs Vincent Cervantes and Steven G Williams [39−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

LODGED First Amended Civil Complaint Class Action for Declaratory and Injunctive Relief (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

1068

LETTER to court from prisoner Glen Helen asking for information be sent to him regarding case (mdk) (Entered: 06/03/2004)

June 2, 2004

June 2, 2004

PACER
43

MOTION to certify class action Rule 23 by plaintiffs Vincent Cervantes and Steven G Williams ; motion to be heard on 09/06/94 at 10:00am by Honorable Lawrence K Karlton (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

1069

LETTER to court from Hortenda Hernandez requesting information to the case (ndd) (Entered: 06/07/2004)

June 4, 2004

June 4, 2004

PACER
1070

LETTER to court from G Powell requesting information re the case, Constitution and Bill of Rights (ndd) (Entered: 06/07/2004)

June 4, 2004

June 4, 2004

PACER
44

MEMORANDUM of Points and Authorities in support of motion to certify class action Rule 23 by plaintiffs Vincent Cervantes and Steven G Williams [43−1] (old) (Entered: 07/05/1994)

July 5, 1994

July 5, 1994

46

REPLY by defendants to response to motion to dismiss by defendants [36−1] and motion to stay the damages portion and the equitable portion of the case [35−1] (old) (Entered: 07/08/1994)

July 6, 1994

July 6, 1994

1071

LETTER to court from Richard A Mongeon requesting a copy of the settlement of this case (ndd) (Entered: 06/15/2004)

June 14, 2004

June 14, 2004

PACER
45

OPPOSITION to motion to continue by plaintiffs Vincent Cervantes and Steven G Williams [37−1] by defendants (old) (Entered: 07/07/1994)

July 7, 1994

July 7, 1994

1072

LETTER to court from Jorge E Mendoza Escutio requesting help to appeal his case (ndd) (Entered: 06/21/2004)

June 18, 2004

June 18, 2004

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: May 2, 1994

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

(1) California parolees at large; (2) California parolees in custody, as alleged parole violators, and who are awaiting revocation of their state parole; and (3) California parolees who are in custody, having been found in violation of parole and who have been thereupon sentenced to prison custody.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Rosen, Bien, Galvan & Grunfeld

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of California, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

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: 2002 - None

Content of Injunction:

Monitoring

Goals (e.g., for hiring, admissions)

Monitor/Master

Issues

General:

Access to lawyers or judicial system

Classification / placement

Conditions of confinement

Over/Unlawful Detention

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run