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

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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…

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.

	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 2009 WL 1507147
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 2010 WL 3835765
83 2:08-cv-01196	Order Granting Leave to Amend	Sept. 22, 2011	Sept. 22, 2011 Order/Opinion 2011 WL 4458784
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 2012 WL 2521827

Title	Description		External URL Date / External URL
Prison Legal News Homepage Prison Legal News	Prison Legal News (PLN), a project of the non-profit Human Rights Defense Center, is a 72-page monthly magazine that reports on criminal justice issues and prison and jail-related civil litigation, w…		https://www.prisonlegalnews.org/...
Plata v. Brown and Realignment: Jails, Prisons, Courts, and Politics Margo Schlanger	This Article explores pertinent features of the relevant legal and political ecosystem in which California shrank its prison population. Informed by court documents, state reports and policy papers,…	Winter 2013	Dec. 1, 2013 https://clearinghouse-umich-production.s3.amazonaws.com/...

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 affid avit 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)	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)	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)	Aug. 13, 2009	Aug. 13, 2009 RECAP
	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
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
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)	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.)	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

Case: Mitchell v. Felker

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

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