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Case: Mitchell v. Felker

2:08-cv-01196 | U.S. District Court for the Eastern District of California

Filed Date: May 21, 2008

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 21, 2008, a California inmate filed a lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 against the California Department of Corrections and Rehabilitation (CDCR). The plaintiff, originally proceeded pro se but eventually represented by private counsel and the Prison Law Center, asked the court for declaratory, injunctive, and monetary damages, alleging that the CDCR acted unconstitutionally by segregating the prisoners by race and locking d…

On May 21, 2008, a California inmate filed a lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 against the California Department of Corrections and Rehabilitation (CDCR). The plaintiff, originally proceeded pro se but eventually represented by private counsel and the Prison Law Center, asked the court for declaratory, injunctive, and monetary damages, alleging that the CDCR acted unconstitutionally by segregating the prisoners by race and locking down an entire race of prisoners. The prison staff had informed the plaintiff that it was the policy of the CDCR that "when there is an incident involving any race, all inmates of that race are locked up."

During court mandated settlement negotiations, Judge Jones temporarily assigned counsel to the plaintiff. That counsel ultimately agreed to represent the plaintiff for the case and filed a leave to amend the complaint in order to transform the case into a class action challenging the allegedly race-based lockdowns throughout California's men's prisons. On September 23, 2011, Magistrate Judge Edmund Brennan granted that motion. 2011 WL 4458784. In the second amended complaint, three additional plaintiffs were added as representatives of a class of all prisoners who were currently or would be in the future subject to the CDCR's policy and practice of implementing race-based lockdowns.

Following the filing of the second amended complaint, the defendants filed a motion to dismiss. On June 28, 2012, in his findings and recommendations, Judge Brennan concluded that the plaintiffs had indeed properly exhausted their grievances under the Prison Litigation Reform Act, so the defendant's motion to dismiss should be largely denied. 2012 WL 2521827. On July 27, 2012, the new district court judge, Judge John Mendez, adopted the findings and recommendations in full. 2012 WL 3070084.

On March 5, 2013, the plaintiffs filed a motion for class certification as well as a motion for a preliminary injunction. The defendants then filed for summary judgment. On February 11, 2014, Judge Troy L. Nunley granted part of the defendants' motion for summary judgment, leaving the following claims: claims for injunctive relief based on Fourteenth Amendment violations, a claim for compensatory damages for violations of Fourteenth Amendment rights, and state law claims for intentional infliction of emotional distress, negligence, and negligent infliction of emotional distress. 2014 WL 546338.

On June 25, 2014, Judge Nunley denied the plaintiffs' motion for a preliminary injunction finding that the plaintiffs had not met the high burden required to obtain the extraordinary relief sought. 2014 WL 2895232. A month later, Judge Nunley granted the plaintiffs' motion for class certification. 2014 WL 3689287.

On October 20, 2014, the parties entered into a stipulated settlement agreement. Under the terms of the agreement, the CDCR agreed to a number of terms, including: to cease race-based modified programs or lockdowns; to use individualized threat assessment forms to determine who would be retained on a modified program or lockdown; to provide outdoor activity to prisoners in a modified program or lockdown for longer than fourteen days; to revise its policies concerning modified programs and lockdowns, including modifying its definitions; to train its staff; and to provide status reports to plaintiffs' counsel for a defined period of time. The defendants also agreed to pay attorneys fees and costs. The agreement specified that its provisions would control for 18 months after the Court's preliminary approval or 4 months after final approval, whichever was later; plaintiffs could seek 12 months' extension at the end of that period.

The parties sought approval of the agreement on Feb. 27, 2015, and on May 5, 2015, the court granted preliminary approval. Then, the parties jointly moved for final approval on September 10, 2015 which the court granted on October 8, 2015. 2015 WL 5920755. That same day, the court also granted the plaintiffs’ unopposed motion for attorneys’ fees and costs, totaling $2.375 million in attorneys’ fees and costs. 2015 WL 5920797.

On June 2, 2016, the parties jointly proposed an order of dismissal of this action with prejudice. The following day, Judge Nunley dismissed the case with prejudice while retaining jurisdiction to enforce the terms of the agreement until the settlement agreement ends. The agreement was to last 18 months after preliminary approval, leaving the settlement to terminate on November 5, 2016.

On December 20, 2016, the parties filed notice that the court’s jurisdiction to enforce the settlement agreement had terminated and that the case was dismissed with prejudice in its entirety. The case is now closed.

Summary Authors

Jessica Kincaid (8/4/2014)

Priyah Kaul (11/27/2014)

Jake Parker (7/5/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5821263/parties/pc-mitchell-v-felker/


Judge(s)

Brennan, Edmund F. (California)

Jones, Richard A. (Washington)

Mendez, John A. (California)

Nunley, Troy Lynne (California)

Attorneys(s) for Plaintiff

Evenson, Rebekah B. (California)

Flairty, Matthew (California)

George, Warren E. Jr. (California)

Holtz, Geoffrey Thomas (California)

Pradhan, Aman (California)

Radke, Brendan Eugene (California)

Judge(s)

Brennan, Edmund F. (California)

Jones, Richard A. (Washington)

Mendez, John A. (California)

Nunley, Troy Lynne (California)

Attorneys(s) for Plaintiff

Evenson, Rebekah B. (California)

Flairty, Matthew (California)

George, Warren E. Jr. (California)

Holtz, Geoffrey Thomas (California)

Pradhan, Aman (California)

Radke, Brendan Eugene (California)

Shook, Heather L. (California)

Specter, Donald H. (California)

Attorneys(s) for Defendant

Becker, Christopher James (California)

Des Jardins, Michelle A (California)

Harris, Mark A. (California)

Kirschenbauer, Marisa Yee (California)

Lien, Grant (California)

McClain, Damon Grant (California)

Mossler, Julianne (California)

Sullivan, Erin B. (California)

Other Attorney(s)

Abrams, Hanna (California)

Austin, Roy L. (District of Columbia)

Coon, Laura (District of Columbia)

Fox, Benjamin Jonathan (California)

Myrthil, Marlysha (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Expert/Monitor/Master

Haney, Craig William (California)

McGrath, Joseph (California)

Shelledy, David (California)

Vail, Eldon (Washington)

Documents in the Clearinghouse

Document

2:08-cv-01196

Docket [PACER]

Dec. 20, 2016

Dec. 20, 2016

Docket
1

2:08-cv-01196

Complaint for Violation of Civil Rights and Demand for Jury Trial

May 21, 2008

May 21, 2008

Complaint
8

2:08-cv-01196

Order [Granting Request to Proceed In Forma Pauperis]

May 26, 2009

May 26, 2009

Order/Opinion
37

2:08-cv-01196

Plaintiff's First Amended Complaint for Violation of Civil Rights and Demand for Jury Trial

June 7, 2010

June 7, 2010

Complaint
42

2:08-cv-01196

Order on Motions

Aug. 6, 2010

Aug. 6, 2010

Order/Opinion
44

2:08-cv-01196

Order on Motions

Sept. 28, 2010

Sept. 28, 2010

Order/Opinion
83

2:08-cv-01196

Order Granting Leave to Amend

Sept. 22, 2011

Sept. 22, 2011

Order/Opinion
84

2:08-cv-01196

Second Amended Complaint

Sept. 23, 2011

Sept. 23, 2011

Complaint
91

2:08-cv-01196

Order Denying Defendants' Motion for Reconsideration

U.S. District Court for the Central District of California

Oct. 27, 2011

Oct. 27, 2011

Order/Opinion
107

2:08-cv-01196

Findings and Recommendations

June 28, 2012

June 28, 2012

Magistrate Report/Recommendation

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5821263/pc-mitchell-v-felker/

Last updated Nov. 28, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants by Robert Mitchell.(Manzer, C) (Entered: 06/02/2008)

May 30, 2008

May 30, 2008

RECAP
2

MOTION to proceed IFP by Robert Mitchell. (Manzer, C) Modified on 5/27/2009 (Mena-Sanchez, L). (Entered: 06/02/2008)

May 30, 2008

May 30, 2008

PACER
3

PRISONER NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms) (Manzer, C) (Entered: 06/02/2008)

1 Consent Forms

View on PACER

June 2, 2008

June 2, 2008

PACER

SERVICE BY MAIL: 3 Prisoner New Case Documents for JAM served on Robert Mitchell (Manzer, C)

June 2, 2008

June 2, 2008

PACER
4

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Robert Mitchell. (Matson, R) (Entered: 06/09/2008)

June 6, 2008

June 6, 2008

PACER
5

SUPPLEMENT to 1 Complaint by Robert Mitchell. (Becknal, R) (Entered: 09/05/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER
6

ORDER REASSIGNING CASE TO VISITING JUDGE signed by Chief Judge Anthony W. Ishii. Case reassigned to Chief Judge Robert S. Lasnik for all further proceedings. Magistrate Judge Edmund F. Brennan and Judge John A. Mendez no longer assigned to case. (Donati, J) (Entered: 11/24/2008)

Nov. 24, 2008

Nov. 24, 2008

PACER

SERVICE BY MAIL: 6 Order Reassigning Visiting Judge, served on Robert Mitchell (Donati, J)

Nov. 24, 2008

Nov. 24, 2008

PACER
7

ORDER REASSIGNING CASE TO VISITING JUDGE signed by Chief Judge Robert S. Lasnik. Case reassigned to District Judge Richard A. Jones for all further proceedings. Chief Judge Robert S. Lasnik no longer assigned to case. All dates currently set in this matter shall remain pending, subject to further order of the court. (Waggoner, D) (Entered: 01/22/2009)

Jan. 22, 2009

Jan. 22, 2009

PACER

SERVICE BY MAIL: 7 Order Reassigning Visiting Judge served on Robert Mitchell (Waggoner, D)

Jan. 22, 2009

Jan. 22, 2009

PACER
8

ORDER signed by Judge District Judge Richard A. Jones on 5/26/09 ORDERING that Plaintiff's Request for leave to proceed in forma pauperis 2 is GRANTED. Plaintiff shall, within 30 days of the date of this order, submit a second financial affidavit and account certification from prison officials. Service is at least potentially appropriate for the 18 Defendants listed in Mr. Mitchell's complaint. The Clerk shall send Plaintiff 19 USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed 5/30/08.(Mena-Sanchez, L) (Entered: 05/27/2009)

May 27, 2009

May 27, 2009

RECAP

SERVICE BY MAIL: 8 Order served on Robert Mitchell together with 19 USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed 5/30/08. (Mena-Sanchez, L)

May 27, 2009

May 27, 2009

PACER
9

NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 18 USM-285 Forms, and 18 copies of the complaint, by Robert Mitchell. [TEXT ONLY] (Reader, L) (Entered: 06/15/2009)

June 12, 2009

June 12, 2009

PACER
10

MOTION to PROCEED IN FORMA PAUPERIS by Robert Mitchell. (Reader, L) Modified on 8/13/2009 (Streeter, J). (Entered: 06/15/2009)

June 12, 2009

June 12, 2009

PACER
11

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Robert Mitchell signed by District Judge Richard A. Jones on 08/12/09. (cc CDC Prisoner Pymt. Orders and Sac Financial).(Streeter, J) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

RECAP
12

DOCUMENT(S) SERVED ELECTRONICALLY: 10 Motion to Proceed IFP served on CDC Prisoner Payment Orders. (Streeter, J) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
13

ORDER DIRECTING USM signed by District Judge Richard A. Jones on 08/12/09 to serve * Complaint * filed on * 5/30/08,* on * J. Mayfield, A. Masuret, T. Barnard, J. Owen, D. Hellwig, T. Kimzey, D. Cade, R. Blanthorn, R. Beamon, N. Grannis, Robert Mitchell, T. Lockwood, J. McClure, J. Tilton, T. Felker, J. Walker, C. Buckley, D. Vanderville, D. Leiber*. Service Deadline set for 12/14/2009. (cc: USM Priority Sac). (Streeter, J) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

RECAP
14

ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT Consent or Decline due by 12/14/2009 signed by District Judge Richard A. Jones on 08/12/09. (Streeter, J) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER

SERVICE BY MAIL: 13 Order Directing Service by USM, 11 Order Directing Prisoner Payment served on Robert Mitchell. Also served copy of Local Rules. (Streeter, J)

Aug. 13, 2009

Aug. 13, 2009

PACER
15

SUMMONS RETURNED UNEXECUTED as to C. Buckley. (Benson, A.) (Entered: 10/06/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
16

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by all dfts. Attorney Harris, Mark H added. (Harris, Mark) Modified on 10/23/2009 (Duong, D). (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

PACER
17

CERTIFICATE of SERVICE re 16 Answer by dfts. (Harris, Mark) Modified on 10/23/2009 (Duong, D). (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

PACER
18

ORDER SETTING PRETRIAL AND DISCOVERY SCHEDULE, signed by District Judge Richard A. Jones on 11/10/09. The parties may conduct discovery until 3/31/10. Any motions necessary to compel discovery shall be filed by that date. All pretrial motions, except motions to compel discovery, shall be filed on or before 6/30/10. (Kastilahn, A) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

RECAP

SERVICE BY MAIL: 18 Order served on Robert Mitchell. (Kastilahn, A)

Nov. 10, 2009

Nov. 10, 2009

PACER
19

WAIVER of SERVICE RETURNED EXECUTED: J. Mayfield Waiver sent on 8/25/2009; A. Masuret Waiver sent on 8/25/2009; N. Grannis Waiver sent on 8/25/2009; T. Lockwood Waiver sent on 8/25/2009; J. McClure Waiver sent on 9/14/2009; J. Walker Waiver sent on 8/25/2009; D. Leiber Waiver sent on 8/25/2009. (Suttles, J) (Entered: 11/30/2009)

Nov. 25, 2009

Nov. 25, 2009

PACER
20

WAIVER of SERVICE RETURNED EXECUTED: T. Barnard Waiver, J. Owen, D. Hellwig, R. Blanthorn, J. Tilton, T. Felker, C. Buckley, and D. Vanderville, Waivers sent on 11/19/2009, answers due 1/19/2010. (Kastilahn, A) (Entered: 12/01/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
21

WAIVER of SERVICE RETURNED EXECUTED: T. Kimzey Waiver sent on 11/19/2009, answer due 1/19/2010; D. Cade Waiver sent on 11/19/2009, answer due 1/19/2010; R. Beamon Waiver sent on 11/19/2009, answer due 1/19/2010. (Kastilahn, A) (Entered: 12/04/2009)

Dec. 2, 2009

Dec. 2, 2009

PACER
22

MOTION to COMPEL defendant's Responses discovery requests by plaintiff Robert Mitchell. (Marciel, M) (Entered: 02/03/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
23

MOTION to modify Scheduling Order to extend time to conduct Discovery by plaintiff Robert Mitchell. (Marciel, M) (Entered: 02/03/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
24

OPPOSITION by J. Mayfield, A. Masuret, T. Barnard, J. Owen, D. Hellwig, T. Kimzey, D. Cade, R. Blanthorn, R. Beamon, N. Grannis, T. Lockwood, J. McClure, J. Tilton, T. Felker, J. Walker, C. Buckley, D. Vanderville, D. Leiber to 22 Motion to Compel defendant's Responses discovery requests. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Harris, Mark) Modified on 2/8/2010 (Kaminski, H). (Entered: 02/05/2010)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

Feb. 5, 2010

Feb. 5, 2010

PACER
25

CERTIFICATE of SERVICE by J. Mayfield, A. Masuret, T. Barnard, J. Owen, D. Hellwig, T. Kimzey, D. Cade, R. Blanthorn, R. Beamon, N. Grannis, T. Lockwood, J. McClure, J. Tilton, T. Felker, J. Walker, C. Buckley, D. Vanderville, D. Leiber. (Harris, Mark) (Entered: 02/05/2010)

Feb. 5, 2010

Feb. 5, 2010

PACER
26

MOTION to COMPEL Responses to Discovery by Robert Mitchell. (Attachments: # 1 Part 2)(Reader, L) (Entered: 02/18/2010)

1 Part 2

View on PACER

Feb. 17, 2010

Feb. 17, 2010

PACER
27

ORDER signed by District Judge Richard A. Jones on 03/01/10 ORDERING that plf's 22 Motion to Compel is DENIED as moot and plf's 23 Motion to modify the court's scheduling order is DENIED as premature. (Benson, A.) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

RECAP

SERVICE BY MAIL: 27 Order served on Robert Mitchell. (Benson, A.)

March 2, 2010

March 2, 2010

PACER
28

MOTION for sanctions for dft's failure to file an opposition or statement of non opposition to plt's motion to compel by Robert Mitchell. (Duong, D) (Entered: 03/15/2010)

March 12, 2010

March 12, 2010

PACER
29

OPPOSITION by dfts to 26 MOTION to COMPEL Responses to Discovery. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit D)(Harris, Mark) Modified on 3/17/2010 (Duong, D). (Entered: 03/16/2010)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

4 Exhibit D

View on PACER

March 16, 2010

March 16, 2010

PACER
30

CERTIFICATE of SERVICE by dfts re 29 Opposition. (Harris, Mark) Modified on 3/17/2010 (Duong, D). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

PACER
31

REPLY in support of re 26 MOTION by Robert Mitchell. (Becknal, R) (Entered: 03/24/2010)

March 23, 2010

March 23, 2010

PACER
32

NOTICE of CHANGE of ADDRESS to FSP, PO Box 71, Represa, CA 95671-4071 by Robert Mitchell. (Duong, D) (Entered: 04/16/2010)

April 15, 2010

April 15, 2010

PACER
33

NOTICE of CHANGE of ADDRESS by plaintiff Robert Mitchell to: Folsom State Prison at P. O. Box 71 in Represa, CA 95671. (Marciel, M) (Entered: 04/27/2010)

April 26, 2010

April 26, 2010

PACER
34

NOTICE of CHANGE of ADDRESS by plaintiff Robert Mitchell to: Folsom State Prison at P. O. Box 71 in Represa, CA 95671-5071. (Marciel, M) (Entered: 04/29/2010)

April 28, 2010

April 28, 2010

PACER
35

NOTICE of CHANGE of ADDRESS to Folsom State Prison P.O. Box 950 Represa, CA 95671 by Robert Mitchell. REQUEST for copies. (Owen, K) Modified on 6/1/2010 (Owen, K). (Entered: 06/01/2010)

May 28, 2010

May 28, 2010

PACER
36

MOTION for LEAVE to AMEND the 1 Complaint by Robert Mitchell. (Carlos, K) (Entered: 06/10/2010)

June 9, 2010

June 9, 2010

PACER
37

FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all defendants by Robert Mitchell.(Carlos, K) (Entered: 06/10/2010)

June 9, 2010

June 9, 2010

PACER
38

NOTICE of VOLUNTARY DISMISSAL by Robert Mitchell (Carlos, K) (Entered: 06/10/2010)

June 9, 2010

June 9, 2010

PACER
39

MOTION to impose Sanctions by Robert Mitchell. (Mena-Sanchez, L) (Entered: 07/23/2010)

July 22, 2010

July 22, 2010

PACER
40

OPPOSITION by dfts to 39 MOTION to impose Sanctions. (Harris, Mark) Modified on 7/29/2010 (Duong, D). (Entered: 07/28/2010)

July 28, 2010

July 28, 2010

PACER
41

REPLY by Robert Mitchell to 40 Opposition to Motion. (Williams, D) (Entered: 08/06/2010)

Aug. 5, 2010

Aug. 5, 2010

PACER
42

ORDER signed by District Judge Richard A. Jones on 8/6/10, ORDERING that 38 pltf's motion to dismiss claims against dfts Grannis and Allen with prejudice is GRANTED. Dfts N. Grannis and Allen are DISMISSED. Pltf's 36 motion to amend his complaint is GRANTED. Pltf's 39 motion for sanctions is DENIED. Pltf's 26 motion to compel discovery responses remains pending. The court will set a trial date or other pretrial ddls in conjunction with its order resolving that motion. (Kastilahn, A) (Entered: 08/09/2010)

Aug. 9, 2010

Aug. 9, 2010

RECAP

SERVICE BY MAIL: 42 Order served on Robert Mitchell. (Kastilahn, A)

Aug. 9, 2010

Aug. 9, 2010

PACER
43

MOTION for a copy of the first amended complaint and an order directing the USM to serve process by Robert Mitchell. (Matson, R) (Entered: 08/30/2010)

Aug. 27, 2010

Aug. 27, 2010

PACER
44

ORDER signed by District Judge Richard A. Jones on 9/28/2010 ORDERING that the court GRANTS the 26 motion to compel, DENIES the 28 motion for sanctions, GRANTS the 43 motion for service, and makes additional orders to begin bringing this action to a resolution. Defendants shall provide complete responses to Mr. Mitchells four sets ofdiscovery requests, and shall do so no later than October 29. Defendants have waived any objections to those requests by failing to properly respond to Mr. Mitchell's 26 motion to compel. Defendants shall be responsible for arranging a telephone call with Mr. Mitchell during the week of November 8-12 to determine if he is satisfied with their discovery responses and whether further responses are necessary. The parties shall attempt to resolve any disputes. If Mr. Mitchell chooses, he may file an additional motion to compel no later than November 30 if he finds Defendants' responses unsatisfactory. The court emphasizes that it does not encourage Mr. Mitchell to file such a motion, and that this order in no way excuses Mr. Mitchell from his obligation to reasonably limit the scope of his discovery requests. After November 30, either in conjunction with an order addressing Mr. Mitchells motion to compel or in a separate order if he does not file such amotion, the court will require the parties to meet and confer regarding a trialdate and dates for pretrial submissions as described in paragraph 8 of thecourt's November 10, 2009 scheduling order. The court grants Mr. Mitchell's 43 unopposed motion for service of his amended complaint on Defendants M. Wright and F. Foulk. No later than October 11, Defendants' counsel shall file a notice with the court stating whether he will accept service of the amended complaint on behalf of those Defendants. If counsel declines to do so, the court will issue an order directing the United States Marshal to complete service. All future motions and oppositions to motions in this action shall be limited to 25 pages. All future reply briefs shall be 12 pages or fewer. (Duong, D) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

RECAP

SERVICE BY MAIL: 44 Order served on Robert Mitchell. (Duong, D)

Sept. 29, 2010

Sept. 29, 2010

PACER
45

NOTICE Regarding Acceptance of Service of Amended Complaint on Behalf of Defendants Wright and Foulk by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) (Entered: 10/11/2010)

Oct. 11, 2010

Oct. 11, 2010

PACER
47

MOTION for Sanctions by Robert Mitchell. (Zignago, K.) (Entered: 11/08/2010)

Nov. 5, 2010

Nov. 5, 2010

PACER
46

OPPOSITION by Defendants T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker to 47 Motion for Sanctions. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Harris, Mark) Modified on 11/9/2010 (Zignago, K.). (Entered: 11/07/2010)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

Nov. 7, 2010

Nov. 7, 2010

PACER
48

REPLY by Robert Mitchell to RESPONSE to 47 MOTION for Sanctions. (Matson, R) (Entered: 11/16/2010)

Nov. 15, 2010

Nov. 15, 2010

PACER
49

RESPONSE by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker to 47 MOTION for Sanctions. (Harris, Mark) (Entered: 11/17/2010)

Nov. 17, 2010

Nov. 17, 2010

PACER
50

MOTION to COMPEL and for SANCTIONS relating to 9/28/2010 44 Order by plaintiff Robert Mitchell. (Marciel, M) (Entered: 11/24/2010)

Nov. 23, 2010

Nov. 23, 2010

PACER
51

OPPOSITION by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker to 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Harris, Mark) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
52

DECLARATION of Mark H. Harris in OPPOSITION TO 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Harris, Mark) (Entered: 12/01/2010)

Dec. 1, 2010

Dec. 1, 2010

PACER
53

MOTION for APPOINTMENT OF COUNSEL by Robert Mitchell. (Mena-Sanchez, L) (Entered: 12/10/2010)

Dec. 8, 2010

Dec. 8, 2010

PACER
54

REPLY BRIEF by Robert Mitchell in SUPPORT of 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Mena-Sanchez, L) (Entered: 12/10/2010)

Dec. 9, 2010

Dec. 9, 2010

PACER
55

REQUEST for Early Settlement Conference (Joint) by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) (Entered: 12/15/2010)

Dec. 15, 2010

Dec. 15, 2010

PACER
56

DECLARATION of Mark H. Harris re Status of Meet and Confer Efforts. (Harris, Mark) Modified on 12/20/2010 (Owen, K). (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
57

ORDER signed by District Judge Richard A. Jones on 12/22/2010 ORDERING that this case is set for a settlement conference on 1/27/2011 at 9:00 AM at FSP, 300 Prison Road, Represa CA 95671. Dfts' lead counsel and a person with full and unlimited autority to negotiate shall attend in person. After the settlement conference, the parties shall promptly inform the court whether they have resolved this case. The Clerk is directed to serve a copy of this order on the Litigation Office at FSP. (Zignago, K.) (Entered: 12/22/2010)

Dec. 22, 2010

Dec. 22, 2010

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SERVICE BY MAIL: 57 Order served on Robert Mitchell and copy faxed to FSP. (Zignago, K.)

Dec. 22, 2010

Dec. 22, 2010

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58

DECLARATION by Robert Mitchell in SUPPORT of 53 MOTION to APPOINT COUNSEL. (Manzer, C) (Entered: 12/28/2010)

Dec. 27, 2010

Dec. 27, 2010

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59

RESPONSE by Robert Mitchell to telephonic conferences. (Manzer, C) (Entered: 12/28/2010)

Dec. 27, 2010

Dec. 27, 2010

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60

ORDER granting 53 Motion to Appoint Counsel signed by District Judge Richard A. Jones on 1/20/11: Rebekah Bella Evenson is appointed limited purpose counsel. This appointment is for the limited purpose of assisting plaintiff in settlement negotiations and will terminate thirty days after completion of the January 27th settlement conference, or any continuation of the settlement conference. The Clerk of the Court is directed to serve a copy of this order upon Rebekah Evenson, Prison Law Office. (Kaminski, H) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

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61

MINUTE ORDER: (TEXT ONLY) signed by District Judge Richard A. Jones on 1/21/2011. The settlement conference currently scheduled to occur at Folsom State Prison, January 27, 2011, before Magistrate Judge Craig M. Kellison, will now occur at California State Prison, Solano. (Crouch, J) (Entered: 01/21/2011)

Jan. 21, 2011

Jan. 21, 2011

PACER

SERVICE BY MAIL: 60 Order on Motion to Appoint Counsel, served on Robert Mitchell and Rebekah Evenson. (Kaminski, H)

Jan. 21, 2011

Jan. 21, 2011

PACER
62

LETTER from Bruce Senator re Robert Mitchell. (Kaminski, H) (Entered: 01/25/2011)

Jan. 24, 2011

Jan. 24, 2011

PACER
63

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) (Entered: 01/27/2011)

Jan. 27, 2011

Jan. 27, 2011

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64

CERTIFICATE of SERVICE re 63 ANSWER by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Harris, Mark) Modified on 1/28/2011 (Kaminski, H). (Entered: 01/27/2011)

Jan. 27, 2011

Jan. 27, 2011

PACER
65

MINUTES (Text Only) for proceedings held before Magistrate Judge Craig M. Kellison: SETTLEMENT CONFERENCE held on 1/27/2011; CASE NOT SETTLED. (Pine, C) (Entered: 01/28/2011)

Jan. 27, 2011

Jan. 27, 2011

PACER
66

OPPOSITION by dfts to 50 Motion to Compel and for Sanctions relating to 9/28/2010 44 Order. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Harris, Mark) Modified on 2/8/2011 (Duong, D). (Entered: 02/07/2011)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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Feb. 7, 2011

Feb. 7, 2011

PACER
67

SUBSTITUTION of ATTORNEY - PROPOSED, submitted by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. (Lien, Grant) (Entered: 03/14/2011)

March 14, 2011

March 14, 2011

PACER
68

MOTION to APPOINT COUNSEL by Robert Mitchell. (Manzer, C) (Entered: 03/17/2011)

March 16, 2011

March 16, 2011

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69

ORDER SUBSTITUTING ATTORNEY signed by District Judge Richard A. Jones on 4/22/2011 Attorney Grant Lien, Esquire for defendants, Mark H. Harris TERMINATED. (Reader, L) (Entered: 04/22/2011)

April 22, 2011

April 22, 2011

PACER
70

MOTION for LEAVE to file SECOND 37 AMENDED COMPLAINT by Robert Mitchell. (Attachments: # 1 Exhibit A (Proposed Second Amended Complaint), # 2 Proposed Order) (Evenson, Rebekah) Modified on 5/25/2011 (Marciel, M). (Entered: 04/27/2011)

1 Exhibit A (Proposed Second Amended Complaint)

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2 Proposed Order

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April 27, 2011

April 27, 2011

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71

ASSOCIATION of ATTORNEY: Deputy Attorneys General Damon McClain, Erin Sullivan and Christopher Becker are added as to defendants. (McClain, Damon) Modified on 5/6/2011 (Zignago, K.). (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
72

STIPULATION and PROPOSED ORDER for to Modify the Briefing and Hearing Schedule for Plaintiff's Motion for Leave to File a Second-Amended Complaint by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker. Attorney McClain, Damon Grant added. (McClain, Damon) (Entered: 05/04/2011)

May 4, 2011

May 4, 2011

PACER
73

ORDER signed by District Judge Richard A. Jones on 5/10/2011 re 72 Stipulation and Proposed Order, IT IS ORDERED that defendants' response to Plaintiff's motion is due on or before 5/24/2011; Plaintiff's reply is due on or before 6/3/2011; and the court will contact parties if it decides to hear oral argument before deciding Plaintiff's motion. (Waggoner, D) (Entered: 05/11/2011)

May 11, 2011

May 11, 2011

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74

NOTICE of APPEARANCE by Heather L. Shook on behalf of Robert Mitchell. Attorney Shook, Heather L. added. (Shook, Heather) (Entered: 05/16/2011)

May 16, 2011

May 16, 2011

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75

OPPOSITION by defendants to 70 Motion for Leave to file Second 37 Amended Complaint. Attorney McClain, Damon Grant added. (McClain, Damon) Modified on 5/25/2011 (Marciel, M). (Entered: 05/24/2011)

May 24, 2011

May 24, 2011

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76

DECLARATION of Damon McClain in support of 75 Opposition to Motion. (Attachments: # 1 Exhibit A) (McClain, Damon) Modified on 5/25/2011 (Marciel, M). (Entered: 05/24/2011)

1 Exhibit A

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May 24, 2011

May 24, 2011

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77

REQUEST for JUDICIAL NOTICE in support of defendants' 75 Opposition to Motion for Leave. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (McClain, Damon) Modified on 5/25/2011 (Marciel, M). (Entered: 05/24/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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May 24, 2011

May 24, 2011

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78

[DISREGARD - Docketed in error] (Waggoner, D) Modified on 5/25/2011 (Waggoner, D). (Entered: 05/25/2011)

May 24, 2011

May 24, 2011

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79

[DISREGARD - Docketed in the wrong case] ORDER signed by District Judge Richard A. Jones on 5/25/2011 setting trial date of 10/3/2011. Final Pretrial Conference will be set at a later date.(Waggoner, D) Modified on 5/25/2011 (Waggoner, D). (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

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80

CLERK'S NOTICE of DOCKET CORRECTION re 78 Minute Order and 79 Scheduling Order shall be disregarded as docketed in this case in error. (TEXT ONLY ENTRY) (Waggoner, D) (Entered: 05/25/2011)

May 25, 2011

May 25, 2011

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81

REPLY IN SUPPORT by Robert Mitchell of 70 Motion for Leave to file a Second Amended Complaint. (Evenson, Rebekah) Modified on 6/6/2011 (Reader, L). (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

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82

ORDER of RECUSAL signed by District Judge Richard A. Jones on 8/1/11 ORDERING this action REASSIGNED to Eastern District of California Judges. This case is REASSIGNED back to District Judge John A. Mendez and Magistrate Judge Edmund F. Brennan for all further proceedings. The case number on all future filed documents shall be 2:08-cv-1196 JAM EFB. 47 Motion for Sanctions, 50 Motion to Compel and for Sanctions and 68 Motion to Appoint Counsel are TERMINATED. (Donati, J) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

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83

ORDER signed by Magistrate Judge Edmund F. Brennan on 9/22/11 GRANTING 70 Motion to Amend the Complaint. Defendants have 30 days from the date this order is served to respond to the amended complaint.(Dillon, M) (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

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84

SECOND AMENDED COMPLAINT against All Defendants by Robert Mitchell.(Dillon, M) (Entered: 09/29/2011)

Sept. 23, 2011

Sept. 23, 2011

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85

SUMMONS ISSUED as to *Matthew Cate, George Giurbino, Scott Kernan, Terri McDonald* with answer to complaint due within *21* days. Attorney *Rebekah Evenson* *Prison Law Office* *1917 Fifth Street* *Berkeley, CA 94710-1916*. (Donati, J) (Entered: 10/03/2011)

Oct. 3, 2011

Oct. 3, 2011

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86

REQUEST FOR RECONSIDERATION by the District Court re 83 Order by Defendants. (McClain, Damon) Modified docket text and added link on 10/12/2011 (Waggoner, D). (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

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87

SUMMONS RETURNED EXECUTED: Matthew Cate served on 10/7/2011, answer due 10/28/2011; George Giurbino served on 10/7/2011, answer due 10/28/2011; Scott Kernan served on 10/7/2011, answer due 10/28/2011; Terri McDonald served on 10/7/2011, answer due 10/28/2011. (Evenson, Rebekah) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

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88

STIPULATION and PROPOSED ORDER for To Modify Defendants' Deadline to Respond to Second Amended Complaint by T. Barnard, R. Beamon, R. Blanthorn, C. Buckley, D. Cade, T. Felker, F Foulk, D. Hellwig, T. Kimzey, D. Leiber, T. Lockwood, A. Masuret, J. Mayfield, J. McClure, J. Owen, J. Tilton, D. Vanderville, J. Walker, M. Wright. (McClain, Damon) (Entered: 10/13/2011)

Oct. 13, 2011

Oct. 13, 2011

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89

OPPOSITION by Plaintiff Robert Mitchell to 86 Request for reconsideration. (Evenson, Rebekah) Modified on 10/17/2011 (Plummer, M). (Entered: 10/14/2011)

Oct. 14, 2011

Oct. 14, 2011

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Prison Legal News

Post-PLRA Jail and Prison Private Settlement Agreements

California's Prisoners' Rights Bar article

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: May 21, 2008

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Four African-American prisoners under the custody of the California Department of Corrections and Rehabilitation

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections and Rehabilitation, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Order Duration: 2015 - 2016

Content of Injunction:

Preliminary relief denied

Discrimination Prohibition

Provide antidiscrimination training

Implement complaint/dispute resolution process

Reporting

Monitoring

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

Issues

General:

Classification / placement

Excessive force

Grievance procedures

Over/Unlawful Detention

Racial segregation

Discrimination-basis:

Race discrimination

Race:

Black

Type of Facility:

Government-run