Filed Date: Dec. 9, 2009
Closed Date: Jan. 23, 2024
Clearinghouse coding complete
On December 9, 2009, two prisoners at California's Pelican Bay prison who had been kept in solitary confinement for decades filed this § 1983 action against the State of California in the U.S. District Court for the Northern District of California. The plaintiffs, originally proceeding pro se, asked the court for declaratory, injunctive, and compensatory relief, claiming violations of their First, Fourth, Eighth, and Fourteenth Amendment rights. Specifically, the plaintiffs claimed that the "indefinite status" designation process for keeping them in solitary confinement on the basis of undisclosed informant information about gang affiliation, among other information, violated their constitutional rights.
The Pelican Bay supermax facility was opened in 1989 as the most restrictive prison in the California state prison system. The Security Housing Unit ("SHU") was developed as an especially secure area of the prison, with 1,024 cells for solitary confinement. Prisoners placed there were alone for 22.5 to 24 hours a day in a windowless cell with a concrete bed, a concrete desk, and a concrete stool. The complaint alleged that prisoners were permitted a single book, 3 showers a week, and breaks for exercise, court appearances, or emergency medical care—but no vocational or educational opportunities. Contact with other prisoners or outsiders was severely limited. One plaintiff claimed that he had only spoken with his mother twice in the past twenty-two years, once in 1998, and once in 2000. She died after he filed the action.
The plaintiffs alleged that the criteria for placing and keeping prisoners in the SHU was based mainly on real or perceived gang affiliation. After a landmark case (Madrid v. Gomez, 889 F. Supp. 1146 (N.D. Cal. 1995)), the prison was required to develop standards and procedures for determining whether a particular person should remain in detention in the SHU. The new "indefinite status" procedure excluded the prisoners from these hearings, which are supposed to be conducted every six months.
According to the plaintiffs, there were only three ways out of the SHU: expiration of sentence, death, and 'debriefing.' Debriefing was a process by which a SHU prisoner agreed to become a confidential informant for the prison administration in exchange for return to the general population. The plaintiffs claimed that this amounted to a death sentence—if the administration moved a prisoner from the SHU, the general population assumed the prisoner had agreed to become an informant. They alleged that this endangered not only the prisoners’ lives, but their family members’ lives as well. The plaintiffs also claimed that prison officials could interpret any speech, even a simple greeting, as evidence of gang affiliation that justified continued confinement in the SHU.
Two prisoners in the SHU who had been incarcerated there since 1989 filed a pro se lawsuit against the prison in 2004 (Docket No. 4:04-cv-01967 (N.D. Cal. May 19, 2004)). Most of the claims were dismissed on June 2, 2005, for failure to exhaust administrative remedies. The court also granted absolute and qualified immunity from the damages claims. The court did not dismiss the plaintiffs' First Amendment claim, which alleged that the prison’s refusal to allow hardcover books in the SHU violated the plaintiffs’ right to freedom of speech. On March 8, 2006, the court determined that the prison's prior policy on hardcover books was unconstitutional. The court, however, did not issue an injunction because the prison had revised its policy and no longer prohibited hardcover books with their covers removed. The court also granted qualified immunity to one of the defendants. The plaintiffs appealed on the qualified immunity, but the U.S. Court of Appeals for the Ninth Circuit affirmed the decision on July 30, 2009.
The two plaintiffs filed a new pro se complaint on August 11, 2005 (Docket No. 4:05-03286 (N.D. Cal. Aug 11, 2005)) raising claims, originally filed on May 19, 2004, that were previously dismissed without prejudice. On June 14, 2007, the court again dismissed most of the claims for failure to exhaust administrative remedies. District Judge Claudia Wilken determined that four claims had been exhausted: (1) the First Amendment claim regarding access to certain magazines; (2) the due process claim based on the prison’s procedure for determining whether had active gang affiliations; (3) the negligence claim; and (4) the intentional tort claim. 2007 WL 1725417.
On March 25, 2009, the court granted summary judgment for the defendants on all remaining claims except the First Amendment claim for late delivery of incoming mail. 2009 WL 801557. Judge Wilken entered judgment for the defendants on the mail claim on March 18, 2010. 2010 WL 1029102. The plaintiff appealed on April 21, 2010. The Ninth Circuit affirmed the district court’s decisions to dismiss and to grant summary judgment on January 11, 2012. 465 F. App’x 718.
The prisoners filed a new complaint on December 9, 2009. They alleged that the prison’s secret review process to “validate” them as gang members violated their due process rights, as they had been in the SHU for more than a decade with no outside contact. The prisoners also claimed that the “validation” process relied on secret evidence in violation of the First Amendment, and that the prison’s conditions of confinement violated international law and the Eighth Amendment.
On February 16, 2010, Judge Wilken screened the complaint, as required when prisoners file lawsuits under 28 U.S.C. § 1915A. The court dismissed the complaint because out of the twenty-four named defendants, "it [was] not clear which actions proximately caused each constitutional violation." The Court also found that because one of the plaintiffs could afford the filing fee, the complaint would be dismissed without prejudice. 2010 WL 11808439. The plaintiffs paid the filing fee and filed an amended complaint on May 21, 2010.
In the summer of 2011, prisoners in the Pelican Bay SHU led two system-wide hunger strikes to protest the SHU. The hunger strikes each lasted three weeks and ended after the California Department of Corrections and Rehabilitation (“CDCR”) agreed to negotiations with hunger strike representatives. In late 2012, CDCR implemented a pilot program to release those held in the SHU on gang charges. However, prisoners and their advocates denounced the program for keeping the most objectionable aspects of the old system and expanding qualifications for SHU placement.
Represented by the Center for Constitutional Rights, the prisoners filed a second amended class action complaint on September 10, 2012. They claimed that the psychological harm caused by the prolonged confinement constituted cruel and unusual punishment in violation of the Eighth and Fourteenth Amendments. They also challenged their confinement in the SHU under the Due Process Clause of the Fourteenth Amendment.
The plaintiffs moved for a preliminary injunction on December 6, 2012, claiming that prison officials moved one of the plaintiffs to a different cell block of the SHU in retaliation for this litigation. The transfer eliminated all communication between him and the other plaintiffs, separated him from his longtime writing assistant assigned by CDCR under the Americans with Disabilities Act, and frustrated counsel’s ability to litigate the class action. Judge Wilken denied this motion on April 18, 2013. The court found that the plaintiffs had not satisfied the requirements for a preliminary injunction because retaliation was not a claim in the class action complaint, and a preliminary injunction would thus provide relief beyond that which would be granted if the plaintiffs prevailed. Judge Wilken also denied the motion under the All Writs Act because the evidence did not indicate that the individual plaintiff's transfer was motivated by retaliatory animus, and the plaintiffs did not rebut defendants' non-retaliatory justification for the transfer (prisoner safety). 2013 WL 1701702.
On December 17, 2012, the defendants moved to dismiss the case. Judge Wilken denied this motion on April 9, 2013. The court found that the plaintiffs' claims were not moot because the defendants' pilot program for gang management policies did not permanently cure the due process violations alleged, and that the plaintiffs adequately pleaded Eighth Amendment and due process claims. 2013 WL 1435148.
Another hunger strike took place in 2013 to protest the lack of progress regarding the length of solitary confinement. The strike began on July 8, 2013 and lasted for almost two months, with more than 30,000 prisoners participating. The strike ended when two California state lawmakers announced that they would hold public hearings on the state's use of solitary confinement. However, most of the prisoners' demands had not been met and they vowed to continue fighting. For more information about this hunger strike, see this article from Mother Jones.
On June 2, 2014, Judge Wilken partially granted class certification. The court certified two classes: (1) a Due Process Class of “all inmates who are assigned to an indeterminate term at the Pelican Bay SHU on the basis of gang validation, under the policies and procedures in place as of September 10, 2012,” and (2) an Eighth Amendment Class of “all inmates who are now, or will be in the future, assigned to the Pelican Bay SHU for a period of more than ten continuous years.” 2014 WL 2465191.
The parties continued with discovery in 2014 and 2015. The plaintiffs filed an amended class action complaint on March 11, 2015, which added prisoners who were held in the Pelican Bay SHU for over ten years, but then were transferred out to the Tehachapi SHU where conditions were similar.
On September 1, 2015, the parties reached a settlement agreement and submitted it to the court for approval. In the agreement, CDCR agreed to end indeterminate solitary confinement in prisons across California, stop the use of "gang affiliation" as a basis for placing people in isolation, dramatically reduce the number of people in solitary, and create a new step-down program designed to return those sent to the SHU to general population in two years or less. The court retained jurisdiction to enforce the terms of the agreement for two years, but the plaintiffs had the option to seek an extension at the end of the two years by presenting evidence of ongoing constitutional violations. The parties also asked the court to certify a supplemental settlement class of “inmates who have now, or will have in the future, been housed by Defendants at Pelican Bay State Prison’s Security Housing Unit (SHU) for ten or more years and who then were transferred to another CDCR SHU facility in connection with CDCR’s Step Down Program.” The court granted preliminary approval of the settlement agreement and certified the supplemental settlement class (for settlement purposes only) on October 14, 2015.
On January 26, 2016, Judge Wilken granted final approval of the class settlement. The plaintiffs moved for $4,550,000 in attorneys' fees and costs incurred from the start of the case to September 1, 2015. This amount was awarded on July 1, 2016, and underwent final approval on August 26, 2016. The plaintiffs continued to seek judgment on various dispositive matters and attorneys' fees and costs for litigation throughout.
On November 20, 2017, the plaintiffs moved for an extension of the settlement agreement based on systemic due process violations. They stated three grounds for the extension: (1) misuse of unreliable confidential information to return class members to solitary confinement, (2) inadequate procedural protections related to placement and retention of class members in the Restricted Custody General Population Unit, and (3) the retention of CDCR's old, constitutionally infirm gang validations, which were still being relied on to deny class members a fair opportunity for parole.
On February 6, 2018, the district court ordered the defendants to supplement their production of certain documents relevant to plaintiff's motion to extend the settlement agreement. 2018 WL 11358739. On July 3, 2018, the plaintiffs alleged that the subsequent documents produced by the CDCR demonstrated that the defendants had systematically violated due process rights regarding confidentiality of the information. The plaintiffs stated concerns regarding the systematic nature of these due process violations, and that CDCR's due process violations created a substantial risk of error of a prisoner being wrongfully sent to solitary for years and losing good time credits, which would prolong prison terms.
On August 21, 2018, the parties met and conferred to present joint status reports. The parties disagreed on whether the defendants had a basis to stay further proceedings.
On December 7, 2018, the court issued three orders, citing them as responses to the defendants' violation of the settlement agreement on July 3, 2018. These orders adopted the plaintiffs’ Out-of-Cell Time remedial plan and the plaintiffs’ Walk-Alone status plan, ordering the defendants to take all steps necessary to implement these plans. The order also granted the defendants' motion to stay the enforcement of the remedial plans pending appeal. 2018 WL 11300426.
The Out-of-Cell Time plan provided that: (1) all class members be accorded an amount of time out of their cells that is meaningfully greater than when they were in SHU; (2) the CDCR keep a documentation of their compliance and to make it readily available to the plaintiffs' counsel; (3) the parties meet every three months to discuss implementation and every six months with the Magistrate Judge to assess progress (this monitoring was to continue for one year with the plaintiffs retaining the right to seek an extension); (4) an expert be included as part of the plaintiffs' monitoring; and (5) the defendants would not retaliate against any class representatives.
The Walk-Alone status plan provided that: (1) the determination of whether a prisoner be classified as a walk-alone or allowed to exercise in a group was to be made by the Institution Classification Committee (“ICC”) and the determination would be reassessed every two months; (2) the ICC would provide reasoning for its determination; (3) prisoners would have the right to waive their right to group activity; (4) walk-alone prisoners would be afforded adequate alternatives for social contact; and (5) plaintiffs' counsel would be entitled to monitor the group programming status of each prison for one year and the right to seek an extension.
On December 19, 2018, the defendants appealed.
On January 25, 2019, Magistrate Judge Robert M. Illman granted the plaintiffs' motion to extend the settlement for twelve months. The court cited continued due process violations, specifically the misuse of confidential information to return class members to solitary confinement and the use of unreliable gang validations to deny class members a fair opportunity to seek parole. 2019 WL 330461.
In February 2019, the defendants moved to stay the January 25 order, arguing that the lack of a stay would cause irreparable harm. The court denied this motion on April 10, 2019, reasoning that the court held jurisdiction to extend the agreement. 2019 WL 1558932.
On April 24, 2019, the defendants moved for a de novo determination on the April 10 dismissal of defendants' motion. The court granted the motion on June 26, 2019, 2019 WL 11880374, and reaffirmed the court's initial dismissal of the motion on April 10, 2019. 2019 WL 1558932.
On August 3, 2020, the Ninth Circuit reversed the court’s earlier July 3, 2018 ruling that the defendants had violated the settlement agreement. Writing for the court, District Judge James Gwin rejected the plaintiffs’ claim that the settlement agreement implicitly required increased out-of-cell time for prisoners moved to the general population. Citing the plain text of the settlement agreement, Judge Gwin pointed out that the plaintiffs had defined out-of-cell time for SHU prisoners but not those moved back to the general population, leaving the latter to the discretion of the defendants. Judge Gwin found that the settlement agreement did not require the defendant to provide group time and group activities to prisoners on “walk-alone” status. The Ninth Circuit reasoned that the paragraph discussing these purported requirements was “aspirational,” and that while it indicated prisoners should be moved to “small group yards,” it did not specify that more than one prisoner need occupy those yards. Moreover, CDCR had “substantially complied” with this section to the extent that it could. In reversing the decision, the Ninth Circuit vacated the remedial plans set forth on December 7, 2018. 968 F.3d 939. In response, the plaintiffs petitioned the Ninth Circuit on August 31, 2020 to rehear the case en banc. The Ninth Circuit denied the petition on October 14, 2020.
The plaintiffs moved to extend the settlement agreement on September 15 and September 25, 2020. They claimed that the systemic due process violations were ongoing, which warranted extension.
On April 9, 2021, Judge Wilken approved Judge Illman’s recommendation to extend the settlement agreement for another twelve months. Judge Wilken found that the defendants continued to use old gang validations without acknowledging the flaws and unreliability of those procedures, and held that those flaws resulted in violations of the class members' right to a meaningful parole hearing. The defendants appealed this order to the Ninth Circuit on May 7, 2021.
Meanwhile, both parties filed dueling motions for attorneys fees on March 16, 2021. Judge Wilken awarded the plaintiffs $311,968.50.
On July 28, 2021, the plaintiffs moved for a new dispositive ruling on their request to extend the settlement agreement based on systemic due process violations. Judge Willken held a hearing on October 28, 2021.
On February 2, 2022, Judge Wilken extended the settlement agreement for an additional one-year term. She found that the defendants continued to violate the due process rights of imprisoned men. The court also found that CDCR continued to rely on inaccurate and fabricated confidential information to place individuals in solitary confinement, use unfounded gang affiliations to deny prisoners a fair opportunity for parole, and hold prisoners in a restricted unit in the general population without adequate procedural safeguards.
The court clarified the timeline of the settlement agreement’s extension on February 24, 2022. The defendants appealed this order and the February 2 order extending the settlement agreement on March 4, 2022. On the same day, the defendants moved to stay the proceedings pending the appeal. Judge Wilken declined to grant the stay on April 4, 2022, holding that the collateral order doctrine did not prevent the court from enforcing the February 2 extension, and that the defendants failed to prove the need for a stay.
The plaintiffs filed several enforcement motions throughout 2022, including two motions to enforce the anti-retaliation provision of the settlement agreement (filed on March 1 and June 14, and one motion to remedy proven constitutional violations (filed on August 10). Throughout 2023, the plaintiffs alleged several more violations of the settlement agreement.
Meanwhile in the Ninth Circuit, after failed mediation in March and April of 2022, oral argument took place before Circuit Judge J. Clifford Wallace, Circuit Judge Ryan D. Nelson, and Judge Gwin on May 18, 2023.
On August 24, 2023, the Ninth Circuit vacated the district court’s February 2022 extension of the settlement agreement. In an opinion by Judge Nelson, the Ninth Circuit held that the district court’s first extension of the settlement agreement was improper, so the court’s jurisdiction of the matter automatically ended in October 2017. Judge Wilken thus lacked the jurisdiction to extend the agreement a second time in February 2022.
The settlement agreement itself provided that, to obtain an extension, prisoners must demonstrate by a preponderance of the evidence “(1) a current and ongoing systemic constitutional violation (2) either alleged in the Complaint or resulting from the Settlement Agreement’s reforms to its Step Down Program or SHU policies.” The Ninth Circuit held that the plaintiffs failed to meet this burden, and thus Judge Wilken should never have granted an extension. Writing for the panel, Judge Nelson gave CDCR “significant deference on its safety determinations.” 81 F.4th 863.
The plaintiffs filed a petition for rehearing en banc on September 7, 2023, which the Ninth Circuit denied on November 14, 2023.
Back in the district court, the plaintiffs moved on September 29, 2023 for attorneys’ fees and costs for the thirty-first quarter of monitoring and enforcement of the settlement agreement. The defendants responded with a motion for relief from attorneys’ fees under Federal Rule of Civil Procedure 60(b)(5) on October 13, 2023.
The court issued tentative rulings on the motion for attorneys’ fees on December 14, 2023. The parties agreed on January 23, 2024 that the defendants would pay the plaintiffs’ counsel $349,300 in attorneys’ fees and costs, and waived all other claims.
The case is now closed.
Summary Authors
Blase Kearney (6/5/2012)
Samantha Kirby (10/20/2014)
Jessica Kincaid (1/6/2016)
Jennifer Huseby (11/2/2018)
Jack Kanarek (10/23/2020)
Justin Hill (9/12/2021)
Sophia Acker (2/21/2024)
Madrid v. Gomez, Northern District of California (1990)
Ashker v. California Department of Corrections, Northern District of California (1997)
Lopez v. Brown, Northern District of California (2015)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4176731/parties/ashker-v-newsom/
Agathocleous, Alexis (New York)
Akel, Richard Livingston (California)
ADMITTED, Timothy C (California)
Albertine, Christine Albertine (California)
Alcantara, James W (California)
Agathocleous, Alexis (New York)
Akel, Richard Livingston (California)
Ayala, Ronaldo Medrano (California)
Bell, Michael David (New York)
Blank, Daniel Paul (California)
Caballero, Miguel G (California)
Carbone, Charles F.A. (California)
Chu, Kimberly Joy (California)
Clare, Andrew Steven (California)
Corrigan, James T. (California)
Creighton, Susan Abouchar (California)
Davis, Matthew D. (California)
Donadio, David R. (California)
Edwards, Byard Edwards (California)
Eichler, Nancy Seidler (California)
Faulman, Sara Lyn (California)
Frisch, Andrew Ross (California)
Girardi, Thomas V. (California)
Hardin, Kenneth J. (California)
Hilton, Kimberly A. (California)
Johns, Emily Rose Naomi (California)
Kalar, Steve Gary (California)
Karbelashvili, Irene (California)
Karbelashvili, Irakli (California)
Kelly, Michael Albert (California)
Lack, Walter John (California)
Larsen, Jonathan S. (California)
Lobel, Jules L. (Pennsylvania)
McGillivary, Gregory Keith (California)
Miller, Samuel Rand (New York)
Mott, Joseph Nathan (California)
Parsons, Steven J. (California)
Petersen, Gregory G (California)
Pinto, Kenneth Joseph (California)
Rabkin, Rebecca Noa (California)
Renfro, Aaron Lewis (California)
Rescher, Owen Jeffrey (California)
Samuel-Frank, Somalia L. (New York)
Sarrail, James Albert (California)
Siegel, Daniel Mark (California)
Simpich, William Morris (California)
Snyder, C. Michael (California)
Strugar, Matthew D. (California)
Tillotson, Jeffrey Mark (California)
Tsadik, Tesfaye Wolde (California)
Wasylyk, Peter N. (California)
Weills, Anne Butterfield (New York)
Andrada, J. Randall (California)
Bragg, Robert Lawrence (California)
Burns, Gordon Bruce (California)
Ciccotti, Christine Marie (California)
D'Agostino, Martine Noel (California)
Dhadwal, S. Andrew (California)
Doernberger, Jeremy Charles (California)
Feudale, Scott John (California)
Fisher, Jeffrey Thomas (California)
Fluet, Edward Rheem (California)
Garske, Sharon Anne (California)
Goldman, Jay Michael (California)
Goldstein, Seth E. (California)
Gordon, Alexandra Robert (California)
Guild, John Franklin (California)
Haefele, Robert Turner (California)
Harris, Kamala D. (California)
Henderson, Jennifer T. (California)
Hickerson, Michelle (California)
Hood, Joanna Breiden (California)
Jackson, Daniel Mark (California)
Jennings, Christopher D. (California)
Kirschenbauer, Marisa Y. (California)
Koss, Catherine Elizabeth (California)
Laird, T Michelle (California)
LoPalo, Christopher R. (California)
Mahoney, Dennis J (California)
McKinney, Patrick R. (California)
Morazzini, Zackery Paul (California)
Nguyen, Giam Minh (California)
O'Bannon, Danielle Felice (California)
O'Brien, Jillian Renee (California)
O'Brien, Anthony Paul (California)
O'Donnell, Elizabeth G (California)
Oliver-Thompson, Megan (California)
Patterson, Thomas Stuart (California)
Phillips, Steven J. (California)
Powell, Daniel J. (California)
Poynter, Scott E. (California)
Quinn, Michael James (California)
Roman, Matthew Worchesek (California)
Roman, Nicole Lynne (California)
Samson, Kelly Ariana (California)
Schaefer, Jerrold Charles (California)
Schneider, Walter Raymond (California)
Sheehy, Terrence F (California)
Shryock, Cassandra Jean (California)
Simon, Loran Michael (California)
Smith, Janelle M. (California)
Stroh, Dena DeNooyer (California)
Tangri, Shiraz Dinshaw (California)
Torre-Fennell, Annakarina De (California)
ADMITTED, Timothy C (California)
Albertine, Christine Albertine (California)
Alcantara, James W (California)
Anderson, Robert R (California)
Austin, James Ph.D. (District of Columbia)
Bacharach, N. Albert (California)
Barlow, Kimberly Hall (California)
Brinkman, Emily L. (California)
Campbell, Ward Allen (California)
Colasurdo, Brent Scott (California)
Daniels, Lawrence M (California)
Delgado-Rucci, David (California)
Esq., Gregg McLean (California)
Gargaro, Stephen Thomas (California)
Glassman, David Frederick (California)
Haney, Craig William (California)
Hartwig, Elizabeth Ann (California)
Henry, Robert Spencer (California)
Johns, EmilyRose Naomi (California)
Johnson, Leslie S. (California)
Jorgenson, Michael Wayne (California)
Keltner, Dacher Ph.D. (California)
Kenny, John Boyce (California)
Kent, Leanne Marie (California)
Kilday, Bruce Alan (California)
Kopis, William F. (California)
Lieberman, Gary A (California)
Lieberman, Matthew D. (California)
Lungren, Daniel E (California)
McDonough, Timothy J. (California)
McNamer, Anthony Edward (California)
Mendéz, Juan E. (District of Columbia)
Murray, Phillip A. (California)
O'Carroll, Megan R. (California)
Paternoster, Charles J. (California)
Peiffer, Joseph C. (California)
Pollack, Carol Wendelin (California)
Price, Jeff Dominic (California)
Quillen, Emily Allison (California)
Sparkman, Emmitt L. (Mississippi)
Stegeman, Chad Allen (California)
Stoughton, Jennifer Spencer (California)
Sybesma, Benjamin Cornelius (California)
Thorn, Douglas Robert (California)
Umberg, Thomas John (California)
Wedekind, Jennifer A. (District of Columbia)
Williamson, George H (California)
See docket on RECAP: https://www.courtlistener.com/docket/4176731/ashker-v-newsom/
Last updated April 22, 2024, 3:03 a.m.
State / Territory: California
Case Type(s):
Special Collection(s):
Post-PLRA enforceable consent decrees
California's Prisoners' Rights Bar article
Post-WalMart decisions on class certification
Key Dates
Filing Date: Dec. 9, 2009
Closing Date: Jan. 23, 2024
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Prisoners incarcerated in the Security Housing Unit ("SHU") at California's Pelican Bay prison for a period of 11–22 years, on behalf of (1) all prisoners who were assigned to an indeterminate term at the Pelican Bay SHU on the basis of gang validation under the policies and procedures in place as of September 10, 2012, and (2) all prisoners who were or would be assigned to the Pelican Bay SHU for a period of more than ten continuous years.
Plaintiff Type(s):
Attorney Organizations:
Center for Constitutional Rights (CCR)
Public Interest Lawyer: Yes
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
State of California (Del Norte), State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Amount Defendant Pays: $5,211,268.50
Order Duration: 2016 - 2023
Issues
General/Misc.:
Access to lawyers or judicial system
Food service / nutrition / hydration
Sanitation / living conditions
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by non-staff (facilities)
Assault/abuse by staff (facilities)
Over/Unlawful Detention (facilities)
Solitary confinement/Supermax (conditions or process)
Suicide prevention (facilities)
Medical/Mental Health Care: