Case: Pederson v. County of Plumas

2:89-cv-01659 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 4, 1989

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 4, 1989, detainees at the Plumas County Jail filed a class action complaint in the U.S. District Court for the Eastern District of California against the County of Plumas. The plaintiffs, represented by the Prisoner Rights Union and by private counsel, brought suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. Specifically, they alleged problems with overcrowding, unequal access to programs and work opportunities for women detainees, l…

On December 4, 1989, detainees at the Plumas County Jail filed a class action complaint in the U.S. District Court for the Eastern District of California against the County of Plumas. The plaintiffs, represented by the Prisoner Rights Union and by private counsel, brought suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. Specifically, they alleged problems with overcrowding, unequal access to programs and work opportunities for women detainees, lack of exercise, inadequate access to medical, dental and mental health treatment, lack of law library access, and lack of adequate visiting time and other contact with people in the outside world, and claimed that these problems constituted violations of the First, Fourth, Eighth and Fourteenth Amendments. The plaintiffs sought declaratory and injunctive relief.

The PACER docket begins on September 12, 1990, when the Court (Judge Lawrence K. Karlton) ordered the County not to hold any warrantless arrestee who had not been provided with a determination of probable cause before a judge within 36 hours of his or her arrest.

There are several multiple-month gaps between entries over the following two years, but the principal developments are clear. On January 21, 1992, the Court (Judge John F. Moulds) certified the proposed class of detainees, and on February 10, the parties submitted a consent decree for the Court's approval. Under the terms of the decree, the County agreed to maintain all housing units at the jail at or below their rated capacities; to provide detainees with sufficient storage space for their personal belongings and with adequate clothing and food; to allow detainees one hour of exercise per day five days a week; to provide regular access to adequate medical, dental, and mental health care services; to allow visits of at least a half an hour each at least two days per week; to provide women detainees with equal access to programs and work opportunities and to always have at least one female guard working each shift; to provide prompt physical access to the law library; to provide access to a pay phone, a television and non-legal reading material; and to allow inspection by the fire marshal and comply with any recommendations the fire marshal makes. The County also agreed to develop, implement and make known to the detainee rules of conduct, a grievance procedure, disciplinary procedures, and visitation policies and procedures. Finally, the County agreed to allow plaintiffs' counsel to make reasonable inspections to ascertain its compliance with the decree.

The Court (Judge Moulds) approved the consent decree on April 21, 1992, and ordered the County to pay the plaintiffs $65,000 in attorneys' fees on June 12, 1992.

Since the decree was entered, several detainees at the jail, representing themselves, have petitioned the Court for enforcement of the decree, most recently in 2006. Each time, the Court has directed them to contact plaintiffs' counsel to seek enforcement. No action has been taken on these petitions, though on April 1, 2013, the Court signed a joint stipulation modifying the consent decree as to the population cap and staffing provisions.

On March 27, 2015, plaintiffs filed a request for a status conference, alleging noncompliance with the Consent Decree. On April 17, 2015, the Court (Magistrate Judge Kendall Newman) ordered the County to file a response two weeks later, "setting forth the status of compliance with the Consent Decree." After the County filed its response, the Court found that the defendants might not be in compliance with the sections of the Consent Decree addressing mental health care and the law library. In June 2015, the parties attended a settlement conference, where they discussed ongoing deficiencies in compliance with the Consent Decree. The parties provided status reports to the Court for several months.

On October 28, 2016, the plaintiffs filed a motion to enforce the Consent Decree after reaching an impasse regarding one particular provision: the agreement to provide prosthetic dentures to detainees. On November 23, 2016, the County filed a motion to modify the consent decree so that dentures would be provided to detainees based solely on the standard of “medical necessity,” rather than the to allow detainees to eat solid food. Following these motions, the parties met over a series of months to discuss the denture policy.

On October 9, 2018, the parties submitted a joint status report to the court. Although the plaintiffs observed progress by the County and did not observe violations of the Consent Decree upon their most recent visit, they did note several concerns related to staffing, the law library, nursing, medical care, mental health care, and dental care. On October 15, 2018, the parties engaged in another settlement conference. The Court ordered the County to submit a report addressing the status of its compliance with the Consent Decree and scheduled a status conference for February 22, 2019.

The joint status report was submitted on February 15, 2019. At the February 22, 2019 status conference, the court ordered that "By noon on 4/26/2019, the County is to provide a detailed report to the Court and plaintiff's counsel, regarding its compliance with outstanding issues in this litigation as well as steps toward IMQ or NCCHC accreditation."

On May 29, 2019, Judge Newman issued orders detailing that: (1) the County must apply for NCCHC accreditation on or before January 2020; (2) Plaintiff’s counsel must submit a proposal for the length of a monitoring period under an amended consent decree within 60 days; and (3) the County must pay plaintiffs’ attorneys’ fees.

Nothing was reported in the docket until January 29, 2020 when both parties submitted a new Joint Status Report requesting a postponement of the status meeting because the COVID-19 pandemic had prevented the NCCHC accreditation team from visiting the jail. The status meeting was postponed until May 29, 2020; then again on May 26, 2020 until September 18, 2020; and then again on September 17, 2020 until December 12, 2020.

As of October 13, 2020, the case is ongoing.

Summary Authors

Christopher Schad (7/11/2012)

Maurice Youkanna (7/5/2014)

Eva Richardson (2/4/2019)

Raul Noguera-McElroy (4/19/2019)

Jack Kanarek (10/23/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5925795/parties/pc-pedersen-v-plumas/


Judge(s)

Karlton, Lawrence K. (California)

Moulds, John F. (California)

Newman, Kendall J (California)

Attorneys(s) for Plaintiff

Bishop, Jordyn Ashley (California)

Comiskey, Paul Wayne (California)

Ellis, Lincoln Wolf (California)

Herman, Richard P. (California)

Jackson, Michael Bruce (California)

Persons, Paul Turner (California)

Piovia-Scott, Joshua (California)

Judge(s)

Karlton, Lawrence K. (California)

Moulds, John F. (California)

Newman, Kendall J (California)

Attorneys(s) for Plaintiff

Bishop, Jordyn Ashley (California)

Comiskey, Paul Wayne (California)

Ellis, Lincoln Wolf (California)

Herman, Richard P. (California)

Jackson, Michael Bruce (California)

Persons, Paul Turner (California)

Piovia-Scott, Joshua (California)

Rifkin, Lori Ellen (California)

Stormer, Dan Lewis (California)

Tajsar, Mohammad K. (California)

Attorneys(s) for Defendant

Jamison, Michael S. (California)

Mansell, Stephen Leo (California)

Settlemire, Richard Craig (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Pedersen v. County of Plumas

Sept. 17, 2020 Docket

Consent Decree

Feb. 10, 1992 Settlement Agreement
48

Joint Stipulation to Amendment of Consent Decree

Penderson v. County of Plumas

April 1, 2013 Order/Opinion
49

Plaintiffs' Request for Status Conference [Includes declarations on compliance]

March 27, 2015 Pleading / Motion / Brief
52

Order [directing Defendants to report on compliance]

April 17, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5925795/pc-pedersen-v-plumas/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
18

STIPULATION and ORDER by Honorable Lawrence K. Karlton : ordering that the sheriff will not hold in the jails any warrantless arrestee who has not been provided w/ a determination before a judge, commisssioner or a judge pro tem or probable cause for cont detention w/i 36 hrs of arrest; and, this o shall be entered as part of the final jgm or consent decree in this action.(cc: all counsel) (old) (Entered: 09/24/1990)

Sept. 12, 1990 PACER
19

STATUS REPORT by plaintiff Walter Pedersen, plaintiff Cheryl Preston (old) (Entered: 01/10/1991)

Jan. 9, 1991 PACER
20

NOTICE by plaintiff Walter Pedersen, plaintiff Cheryl Preston of change of firm name for attorney Stormer. (old) (Entered: 02/08/1991)

Jan. 31, 1991 PACER

LODGED substitution of Dan Stormer, Hadsell & Stormer, as atty of rec for plaintiff in the place of Dan Stormer, Litt & Stormer not to be signed (old) Modified on 11/26/1991

Oct. 21, 1991 PACER

LODGED referral of action to magistrate by plaintiff not to be signed (old) Modified on 10/31/1991

Oct. 24, 1991 PACER
21

ORDER by Honorable Lawrence K. Karlton Case reassigned to Judge John F. Moulds; any dates set bef LKK are hereby vacated; reserved 11/8/91 (cc: all counsel) (old) Modified on 11/08/1991 (Entered: 10/31/1991)

Oct. 31, 1991 PACER
22

MAIL Returned [21-2] addressed to plaintiff Walter Pedersen, plaintiff Cheryl Preston mailed to Paul Comisky (old) Modified on 11/08/1991 (Entered: 11/01/1991)

Nov. 1, 1991 PACER
23

ORDER by Judge John F. Moulds ORDERING: parties shall file and serve a joint status report addressing the status of the proposed consent decree within 30 days of the date of this order (cc: all counsel) (old) (Entered: 12/03/1991)

Dec. 3, 1991 PACER
24

JOINT STATUS REPORT by defendant County Of Plumas (old) (Entered: 01/10/1992)

Jan. 10, 1992 PACER
25

ORDER by Judge John F. Moulds for certification of class action status. (cc: all counsel) (old) (Entered: 01/21/1992)

Jan. 21, 1992 PACER
26

ORDER by Judge John F. Moulds; The court orders that he proposed Consent Decree, accompanying exhibits, and a proposed notcie to the class be submitted to the court no later than 2/10/92 (cc: all counsel) (old) (Entered: 01/21/1992)

Jan. 21, 1992 PACER

LODGED application for approval of consent decree, notice to class and settlement hrg from plaintiff (old)

Feb. 10, 1992 PACER

LODGED consent decree from plaintiffs (old)

Feb. 10, 1992 PACER
27

PROOF OF SERVICE by plaintiff Walter Pedersen, plaintiff Cheryl Preston of lodged [0-1], lodged [0-1] (old) (Entered: 02/11/1992)

Feb. 10, 1992 PACER
28

APPLICATION by plaintiff for approvak of consent decree, notice to class and settlement hearing (old) (Entered: 03/03/1992)

Feb. 20, 1992 PACER
29

ORDER by Judge John F Mould ORDERING: the court will hold a hearing on 4/30/92 to determine whether, the Consent Decree filed in this case should be appproved by the court (cc: all counsel) (old) (Entered: 03/03/1992)

March 3, 1992 PACER
31

DECLARATION of Michael Jamison, attorney for defendants (old) (Entered: 04/23/1992)

April 20, 1992 PACER
32

DECLARATION of Kate West for the defendants (old) (Entered: 04/23/1992)

April 20, 1992 PACER
30

ORDER by Judge John F Moulds ORDERING: consent decree lodged 2/10/92 is hereby approved and entered; the settlement hearing set for 4/30/92 is VACATED all parties RE-SERVED on 4/28/92: defendant's not initially served (cc: all counsel) (old) Modified on 04/28/1992 (Entered: 04/21/1992)

April 21, 1992 PACER

LODGED stipulation re continuance of motion for cost (old)

May 6, 1992 PACER
33

STIPULATION and ORDER by Judge John F Moulds ORDERING: lodged stipulation GRANTED [0-1]; the motion for cost's and expenses may be filed and heard with the attorney fee motion to be filed within 30 days of the entry of judgment filed on 4/21/92 (cc: all counsel) (old) (Entered: 05/19/1992)

May 19, 1992 PACER

LODGED stipulation RE: attorneys' fees and costs (old)

June 3, 1992 PACER
34

STIPULATION and ORDER RE ATTORNEYS' FEES by Judge John F Moulds ORDERING plaintiffs' shall receive attorneys' fees and costs for their work in the total sum of $65,000.00 to be paid in full to Paul Persons by 6/15/92 (cc: all counsel) (kh) (Entered: 06/12/1992)

June 12, 1992 PACER
36

PETITION by James Miller for Order to Show Cause (ch) (Entered: 08/08/1997)

July 30, 1997 PACER
37

LETTER to court from James Miller requesting if his petition on the consent decree has been heard (ch) Modified on 08/08/1997 (Entered: 08/08/1997)

July 30, 1997 PACER
35

LETTER to court from James Miller, that all parties have been notified (ch) (Entered: 08/06/1997)

Aug. 5, 1997 PACER
38

LETTER to court from plaintiff James Miller regarding continual civil rights violations (old) Modified on 08/14/1997 (Entered: 08/11/1997)

Aug. 8, 1997 PACER
39

ORDER by Magistrate Judge John F. Moulds ORDERING petition for order to show cause filed on 7/30/97 is [36-1] DENIED and the Clerk of the Court is directed to serve upon counsel for pltfs a copy of each document submitted for filing in this action on July 30, August 5 and August 8, 1997 (cc: all counsel) (ch) (Entered: 08/18/1997)

Aug. 18, 1997 PACER
40

LETTER to court from Gerald Miller (non-party) regarding an Order to Show Cause (sk) (Entered: 01/06/2004)

Jan. 5, 2004 PACER
41

LETTER to court from Gerald A Miller (non-party) (sk) (Entered: 01/07/2004)

Jan. 6, 2004 PACER
42

ORDER by John F Moulds Magistrate Judge ORDERING re letter filed 1/6/04 [41-1], and letter filed 1/5/04 by non-party Gerald Miller [40-1] shall be placed in the file and disregarded; Clerk shall forward a copy of the letters to Paul A. Comiskey, counsel for pltfs in this action; Clerk is directed to serve a copy of this order on non-party Gerald Miller at address on document #41 (cc: all counsel) (daw) (Entered: 02/06/2004)

Feb. 6, 2004 PACER
43

LETTER to court from Gerald A Miller (non-party) (sk) (Entered: 02/12/2004)

Feb. 11, 2004 PACER
44

ORDER by Magistrate Judge John F. Moulds ORDERED that the Clerk shall forward a copy of Mr Miller's letter to Paul A Comiskey, thereafter the letter shall be placed in the court file and disregarded; the Clerk is directed to serve a copy of this order on Gerald Miller [43-1] (cc: all counsel) (sk) (Entered: 11/04/2004)

Nov. 4, 2004 PACER
45

Enforcement of Consent Decree "Order to Show Cause by Gerald A. Miller. (Mena-Sanchez, L) (Entered: 09/28/2006)

Sept. 27, 2006 PACER
46

STIPULATION and PROPOSED ORDER for Amendment of Consent Decree re 30 Scheduling Order,,, by County Of Plumas. Attorney Mansell, Stephen Leo added. (Mansell, Stephen) (Entered: 03/18/2013)

March 18, 2013 PACER
47

CERTIFICATE of SERVICE by County Of Plumas re 46 Stipulation and Proposed Order. (Mansell, Stephen) (Entered: 03/19/2013)

March 19, 2013 PACER
48

JOINT STIPULATION to AMENDMENT of CONSENT DECREE signed by Magistrate Judge Kendall J. Newman on 4/1/13. (Dillon, M) (Entered: 04/01/2013)

April 1, 2013 RECAP

SERVICE BY MAIL: 48 Order served on Richard P Herman, Dan Lewis Stormer. (Dillon, M)

April 1, 2013 PACER

MAIL RETURNED as Undeliverable, Not deliverable as addressed; unable to forward: 48 Order sent to Richard P. Herman. Notice of Change of Address due by 7/1/2013. (Meuleman, A)

April 24, 2013 PACER
49

REQUEST for Plaintiffs Request for Status Conference; Declaration of Lincoln Ellis and Exhibits in Support Thereof by Walter Pedersen, Cheryl Preston. Attorney Ellis, Lincoln Wolf added. (Ellis, Lincoln) (Entered: 03/27/2015)

March 27, 2015 PACER
50

ORDER by Chief Judge Morrison C. England, Jr.: Due to the retirement of Magistrate Judge * John F. Moulds* from the bench of the Eastern District, this action is reassigned to *Magistrate Judge Kendall J. Newman* for all further proceedings. (Donati, J) (Entered: 04/01/2015)

April 1, 2015 PACER
51

CERTIFICATE of SERVICE by Walter Pedersen, Cheryl Preston re 49 Request. (Ellis, Lincoln) (Entered: 04/09/2015)

April 9, 2015 PACER
52

ORDER signed by Magistrate Judge Kendall J. Newman on 4/16/15 ORDERING that within fourteen days of the date of this order, defendants shall file a response to plaintiffs request for a status conference, setting forth the status of compliance with the Consent Decree.(Dillon, M) (Entered: 04/17/2015)

April 17, 2015 RECAP
53

RESPONSE by County Of Plumas to 52 Order,. (Mansell, Stephen) (Entered: 05/04/2015)

May 4, 2015 PACER
54

ORDER signed by Magistrate Judge Kendall J. Newman on 5/20/15 ORDERING that a status conference is set for June 25, 2015, at 10:00 a.m., before the undersigned; On or before June 19, 2015, the parties shall file a joint status report containing proposals for how and a timeline to address the alleged deficiencies in mental health care and the law library.(Dillon, M) (Entered: 05/20/2015)

May 20, 2015 RECAP
55

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Mohammad Tajsar for Walter Pedersen,Mohammad Tajsar for Cheryl Preston, attorney Lincoln Wolf Ellis terminated (Attachments: # 1 Proof of Service on Non-Registered CM/ECF Users)(Tajsar, Mohammad) (Entered: 05/21/2015)

1 Proof of Service on Non-Registered CM/ECF Users

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May 21, 2015 PACER
56

JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 06/19/2015)

June 19, 2015 PACER
57

MINUTES for STATUS CONFERENCE proceedings before Magistrate Judge Kendall J. Newman on 6/25/2015: Court and counsel conferred re the status of the case. Parties agreed to set this matter for settlement conference and will file a joint request with proposed dates. Plaintiffs Counsel Mohammed Tajsar, Paul Comiskey present. Defendants Counsel Stephen Mansell present. Court Reporter/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 06/26/2015)

June 25, 2015 PACER
58

NOTICE of waiver of disqualification of settlement judge) by Walter Pedersen, Cheryl Preston. (Attachments: # 1 Certificate of Service)(Tajsar, Mohammad) Modified on 7/2/2015 (Plummer, M). (Entered: 07/01/2015)

1 Certificate of Service

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July 1, 2015 PACER
59

NOTICE of waiver of disqualification of settlement judge pursuant to local rule 270(b) by All Defendants. Attorney Mansell, Stephen Leo added. (Mansell, Stephen) Modified on 7/7/2015 (Plummer, M). (Entered: 07/06/2015)

July 6, 2015 PACER
60

STIPULATION and PROPOSED ORDER for SCHEDULE OF EVENTS RELATING TO MEETING IN THE FORM OF A SETTLEMENT CONFERENCE by County Of Plumas. (Mansell, Stephen) (Entered: 07/23/2015)

July 23, 2015 PACER
61

STIPULATION and PROPOSED ORDER for AMENDED SCHEDULE OF EVENTS RELATING TO MEETING IN THE FORM OF A SETTLEMENT CONFERENCE re 60 Stipulation and Proposed Order by County Of Plumas. (Mansell, Stephen) (Entered: 07/29/2015)

July 29, 2015 PACER
62

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 7/29/15. No later than August 28, 2015: Defendants shall file their settlement brief setting forth their position on outstanding issues relating to the consent decree. No later than October 2, 2015: Plaintiffs shall file their settlement brief responding to the issues raised in Defendants brief, and raising any additional issues Plaintiffs would like to address. On Friday, October 30, 2015 at 10:30 a.m., the Magistrate Judge and members of his staff shall participate in a tour of the Plumas County Correctional Center, located at 50 Abernathy Lane, Quincy, California 95971. The parties and their attorneys may be present during this tour. On Monday, November 2, 2015 at 10 a.m., the parties, their attorneys, and the Magistrate Judge shall meet in Courtroom 25 to participate in a meeting in the form of a settlement conference to discuss the outstanding issues relating to the consent decree.(Dillon, M) (Entered: 07/31/2015)

July 31, 2015 RECAP
63

STIPULATION and PROPOSED ORDER for REVISION OF SETTLEMENT CONFERENCE BRIEFING SCHEDULE by County Of Plumas. (Mansell, Stephen) (Entered: 08/28/2015)

Aug. 28, 2015 PACER
64

STIPULATION and ORDER signed by Magistrate Judge Kendall J. Newman on 9/2/15. No later than September 4, 2015: Defendants shall file their settlement brief. No later than October 9, 2015: Plaintiffs shall file their settlement brief. All other events shall occur as previously scheduled. (Dillon, M) (Entered: 09/02/2015)

Sept. 2, 2015 RECAP
65

BRIEF IN ADVANCE OF QUASI-SETTLEMENT CONFERENCE by County Of Plumas. (Mansell, Stephen) (Entered: 09/08/2015)

Sept. 8, 2015 PACER
66

DECLARATION of Chad Hermann re 65 Brief. (Attachments: # 1 Exhibits A to E, # 2 Exhibits F to J, # 3 Exhibits K to P)(Mansell, Stephen) Modified on 9/9/2015 (Dillon, M). (Entered: 09/09/2015)

1 Exhibit Exhibits A to E

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2 Exhibit Exhibits F to J

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3 Exhibit Exhibits K to P

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Sept. 9, 2015 PACER
67

BRIEF in Advance of Settlement Conference by Walter Pedersen, Cheryl Preston. (Attachments: # 1 Declaration of Paul W. Comiskey)(Tajsar, Mohammad) Modified on 10/21/2015 (Yin, K). (Entered: 10/09/2015)

1 Declaration of Paul W. Comiskey

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Oct. 9, 2015 PACER
68

MINUTES for SETTLEMENT CONFERENCE proceedings before Magistrate Judge Kendall J. Newman on 11/2/2015: After settlement negotiations held, the case did not settle. The parties are directed to exchange additional information within six weeks. The parties are further directed to coordinate a status conference date within seven weeks. Plaintiffs Counsel Paul Comiskey, Mohammad Tajsar present. Defendants Counsel Steve Mansell present. (Text Only) (Caspar, M) (Entered: 11/02/2015)

Nov. 2, 2015 PACER
69

JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 12/22/2015)

Dec. 22, 2015 PACER
70

MINUTE ORDER by Courtroom Deputy M. Caspar for Magistrate Judge Kendall J. Newman on 1/7/2016: ORDERING that, pursuant to the parties request contained in the joint status report 69 a Status Conference is set for 1/21/2016 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Appearance by phone is authorized. Counsel is directed to contact Courtroom Deputy Pete Buzo at (916) 930-4128 by 1/19/2016 for instructions to appear telephonically. (TEXT ONLY)(Caspar, M) (Entered: 01/07/2016)

Jan. 7, 2016 PACER
71

MINUTES IN A PRISONER CASE (TEXT ONLY) for proceedings held before Judge Magistrate Judge Kendall J. Newman: STATUS CONFERENCE held on 1/21/2016. Court addressed status of case. Mr. Tajsar informed court of informal discovery, provided update, and requested a further status conference in the summer. Court to issue order requiring a joint status reports due the middle of June and parties directed to include possible dates for a further status conference. Court to issue written order. Plaintiffs Counsel Mohammad Tajsar, Paul Comiskey, telephonic. Defendants Counsel Stephen Mansell, telephonic. Court Reporter/CD Number: ECRO/1. (Buzo, P) (Entered: 01/21/2016)

Jan. 21, 2016 PACER
72

ORDER signed by Magistrate Judge Kendall J. Newman on 01/22/16 ORDERING that the parties shall file a joint status report by 06/10/16; the joint status report shall propose alternative dates for an in-person status conference before the undersigned in July 2016 and/or August 2016. (Benson, A) (Entered: 01/22/2016)

Jan. 22, 2016 RECAP
73

JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 06/09/2016)

June 9, 2016 PACER
74

MINUTE ORDER by Courtroom Deputy for Magistrate Judge Kendall J. Newman on 6/15/2016: ORDERING that a Status Conference is set for 8/4/2016 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (TEXT ONLY)(Caspar, M) (Entered: 06/15/2016)

June 15, 2016 PACER
75

MINUTES for STATUS CONFERENCE proceedings before Magistrate Judge Kendall J. Newman on 8/4/2016: Court and counsel conferred regarding case status. Counsel ordered to file a stipulation and proposed briefing schedule and further status conference date. Order to issue. Plaintiffs Counsel Mohammad Tajsar and Paul Comiskey present. Defendants Counsel Stephen Mansell present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 08/04/2016)

Aug. 4, 2016 PACER
76

ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/16 ORDERING that on or before Friday, August 19, 2016, the parties shall file a stipulation setting a date for a further status conference in January or February 2017 to address those issues on which the parties are near resolution (medical care, mental health care, law library, exercise, staffing). The stipulation will also set a date for the parties to file a further status report two weeks prior to the 2017 status conference; The stipulation shall also set a briefing schedule for the denture issue; defendants shall file their briefing one month prior to the January or February 2017 status conference; plaintiffs shall file their briefing two weeks prior to the 2017 status conference.(Dillon, M) (Entered: 08/11/2016)

Aug. 11, 2016 RECAP
77

STIPULATION and PROPOSED ORDER for SCHEDULE OF EVENTS RELATING TO MOTIONS TO ENFORCE AND/OR AMEND CONSENT DECREE by County Of Plumas. (Mansell, Stephen) (Entered: 08/19/2016)

Aug. 19, 2016 PACER
78

ORDER signed by Magistrate Judge Kendall J. Newman on 08/24/16 ordering No later than October 28, 2016, plaintiffs shall file their motion to enforce the consent decree. No later than November 23, 2016, defendants shall file their opposition to plaintiffs motion, and their motion to amend the consent decree. No later than December 23, 2016, plaintiffs shall file their reply brief on the motion to enforce the consent decree, and their opposition to defendants motion. No later than January 23, 2017, defendants shall file their reply brief on the motion to amend the consent decree. On or before January 19, 2017, the parties shall file a joint status report addressing those issues on which they are near resolution. (Further Status Conference set for 2/2/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman.) (Plummer, M) (Entered: 08/24/2016)

Aug. 24, 2016 RECAP
79

MOTION to ENFORCE JUDGMENT (Consent Decree) by Walter Pedersen, Cheryl Preston. Motion Hearing set for 2/2/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Declaration of Mohammad Tajsar, # 2 Exhibit 1-12)(Tajsar, Mohammad) (Entered: 10/28/2016)

1 Declaration of Mohammad Tajsar

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2 Exhibit 1-12

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Oct. 28, 2016 PACER
80

OPPOSITION by County Of Plumas to 79 MOTION to ENFORCE JUDGMENT (Consent Decree). Attorney Settlemire, Richard Craig added. (Attachments: # 1 Declaration Kelley, # 2 Declaration Hermann, # 3 Exhibit)(Settlemire, Richard) Modified on 11/23/2016 (Plummer, M). (Entered: 11/22/2016)

1 Declaration Kelley

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2 Declaration Hermann

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3 Exhibit

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Nov. 22, 2016 PACER
81

MOTION to MODIFY Consent Decree by County Of Plumas. Motion Hearing set for 2/2/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (Attachments: # 1 Declaration Hermann, # 2 Exhibits to Declaration)(Settlemire, Richard) Modified on 12/27/2016 (Yin, K). (Entered: 11/23/2016)

1 Declaration Hermann

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2 Exhibits

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Nov. 23, 2016 PACER
82

JOINT REPLY by Plaintiffs in SUPPORT of 79 Motion to Enforce Consent Decree and OPPOSITION to 81 Motion to Modify Consent Decree. (Attachments: # 1 Declaration of Paul Comiskey, # 2 Declaration of Gerald E. Nichols)(Tajsar, Mohammad) Modified on 12/27/2016 (Yin, K). (Entered: 12/23/2016)

1 Declaration of Comiskey

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2 Declaration of Nichols

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Dec. 23, 2016 PACER
83

JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Tajsar, Mohammad) (Entered: 01/19/2017)

Jan. 19, 2017 PACER
84

MINUTES for STATUS CONFERENCE and MOTION HEARING proceedings before Magistrate Judge Kendall J. Newman held on 2/2/2017: Court and counsel conferred regarding plaintiff's motoin to enforce the judgment 79, defendants' motion to modify the consent decree 81 and the status of the case. Order to issue. Plaintiffs Counsel Mohammad Tajsar and Paul Comisky present. Defendants Counsel Craig Settlemire present. ECRO/CD Number: 1 of 1. (Text Only) (Caspar, M) (Entered: 02/02/2017)

Feb. 2, 2017 PACER
85

ORDER signed by Magistrate Judge Kendall J. Newman on 2/8/17 ORDERING that on or before March 16, 2017, defendants shall file a report addressing the status of medical accreditation; A further status conference addressing all outstanding issues is set for August 10, 2017, at 9:00 a.m., before the undersigned; the parties shall file a joint status report on or before July 21, 2017; On or before May 1, 2017, the parties shall file a joint status report addressing the dental care issues discussed above; Plaintiffs' motion to enforce the consent decree (ECF No. 79 ) is GRANTED; Defendants' motion to modify the consent decree (ECF No. 81 ) is DENIED.(Dillon, M) (Entered: 02/08/2017)

Feb. 8, 2017 RECAP
86

STATUS REPORT by County Of Plumas. (Attachments: # 1 Exhibit Exhibit A to Def. Status Report, # 2 Exhibit Exhibit B to Def. Status Report)(Settlemire, Richard) (Entered: 03/17/2017)

1 Exhibit Exhibit A to Def. Status Report

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2 Exhibit Exhibit B to Def. Status Report

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March 17, 2017 PACER
87

STATUS REPORT by Walter Pedersen, Cheryl Preston. (Attachments: # 1 Declaration)(Tajsar, Mohammad) (Entered: 05/01/2017)

1 Declaration

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May 1, 2017 PACER
88

STATUS REPORT by County Of Plumas. (Settlemire, Richard) (Entered: 05/01/2017)

May 1, 2017 PACER
89

ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2017 SETTING a Telephonic Status Conference for 5/10/2017 at 10:00 AM before Magistrate Judge Kendall J. Newman. (Henshaw, R) (Entered: 05/04/2017)

May 4, 2017 RECAP
90

MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: TELEPHONIC STATUS CONFERENCE held on 5/10/2017. Counsel present appearing telephonically. Court and counsel discussed the status reports (ECF Nos. 87 and 88 ) filed by parties. After hearing from parties, the Court instructed counsel to meet and confer regarding the issues noted on the record. The Court further instructed plaintiff's counsel to notify the Court within 30 days if there have been no communications with defense counsel. The Court ORDERED defense counsel sanctioned in the amount of $250 payable to the Clerk of the Court. The schedule of the case per the Court's Order (ECF No. 85 ) remains in effect. Plaintiffs Counsel Mohammad Tajsar and Paul Comiskey present by telephone. Defendants Counsel Craig Settlemire present by telephone. Court Reporter: ECRO. (Shaddox-Waldrop, A) (Entered: 05/10/2017)

May 10, 2017 PACER
91

ORDER signed by Magistrate Judge Kendall J. Newman on 5/11/2017 ORDERING defense counsel to pay sanctions of $250 to the Clerk of Court within 14 days of the date of this order. Joint status report, to be filed 7/21/2017, shall also address dental care issues discussed in 2/8/2017 order. (Henshaw, R) (Entered: 05/11/2017)

May 11, 2017 RECAP

RECEIPT number #CAE200082160 $250.00 by R. Craig Settlemire on 5/19/2017 re 91 Order for Sanctions. (Michel, G.)

May 19, 2017 PACER
92

NOTICE of APPEARANCE by Lori Rifkin on behalf of Walter Pedersen, Cheryl Preston. Attorney Rifkin, Lori added. (Rifkin, Lori) (Entered: 05/22/2017)

May 22, 2017 PACER
93

JOINT STATUS REPORT by Walter Pedersen. (Tajsar, Mohammad) (Entered: 07/21/2017)

July 21, 2017 PACER
95

MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE RE: SETTLEMENT held on 8/10/2017. The Court and parties further discussed settlement off the record. Order to issue. Plaintiffs Counsel Lori Rifkin and Paul Comisky present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 08/11/2017)

Aug. 10, 2017 PACER
94

ORDER signed by Magistrate Judge Kendall J. Newman on 8/11/2017 ORDERING a further Status/Settlement Conference is set for 11/3/2017 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. No later than 4:00 p.m. on 10/27/2017, the parties shall file a joint status report and draft amended consent decree. (Yin, K) (Entered: 08/11/2017)

Aug. 11, 2017 RECAP
96

NOTICE of Withdrawal of Individual Counsel by Walter Pedersen. (Rifkin, Lori) (Entered: 09/28/2017)

Sept. 28, 2017 PACER
97

JOINT STATUS REPORT by Walter Pedersen. (Attachments: # 1 Exhibit A)(Rifkin, Lori) (Entered: 10/27/2017)

1 Exhibit A

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Oct. 27, 2017 PACER
98

MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Magistrate Judge Kendall J. Newman on 10/30/2017: The prior order directing the parties to file an amended consent decree (ECF No. 94 ) is WITHDRAWN. If the parties wish, they may file a supplemental status report before the close of business on November 1, 2017. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 10/30/2017)

Oct. 30, 2017 PACER
99

SUPPLEMENTAL JOINT STATUS REPORT by Walter Pedersen. (Rifkin, Lori) Modified on 11/2/2017 (Plummer, M). (Entered: 11/01/2017)

Nov. 1, 2017 PACER
100

MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 11/3/2017. Counsel for parties present. Progress continued to be made in the matter. Court set the case for further Status Conference on 3/23/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report by 4:00 PM on 3/16/2018. Plaintiffs Counsel Lori Rifkin and Paul Comisky present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
101

MINUTE ORDER issued by Courtroom Deputy J. Streeter for Magistrate Judge Kendall J. Newman on 2/21/2018: On the Court's own motion, the 3/23/2018 Status Conference is RESET for 3/30/2018 at 9:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. (TEXT ONLY ENTRY)(Streeter, J) (Entered: 02/21/2018)

Feb. 21, 2018 PACER
102

MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Magistrate Judge Kendall J. Newman on 3/15/2018: In light of the 3/30/2018 Status Conference before Judge Newman, parties are to submit an updated joint status report by 4:00 PM on 3/23/2018. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 03/15/2018)

March 15, 2018 PACER
103

JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Rifkin, Lori) (Entered: 03/23/2018)

March 23, 2018 PACER
104

MINUTES (Text Only) for proceedings before Magistrate Judge Kendall J. Newman: STATUS CONFERENCE/SETTLEMENT CONFERENCE held on 3/30/2018. Counsel for parties present. Progress continued to be made in the matter. Parties are to submit a joint status report by 4:00 PM on 7/18/2018, to be followed by a telephonic conference re: status if necessary or required by either party. Court set the case for further Status Conference on 9/21/2018 at 10:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 4:00 PM on 9/14/2018. Plaintiffs Counsel Lori Rifkin and Paul Comisky present. Defendants Counsel Craig Settlemire present. (Waldrop, A) (Entered: 03/30/2018)

March 30, 2018 PACER
105

JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Rifkin, Lori) (Entered: 07/18/2018)

July 18, 2018 PACER
106

MINUTE ORDER issued by Courtroom Deputy A. Waldrop for Magistrate Judge Kendall J. Newman on 9/5/2018: After communications with the parties and on the Court's own motion, the 9/21/2018 Status Conference is CONTINUED to, 10/15/2018 at 09:00 AM in Courtroom 25 (KJN) before Magistrate Judge Kendall J. Newman. Parties are to submit an updated joint status report for the status conference/settlement conference by 4:00 PM on 10/9/2018. (TEXT ONLY ENTRY) (Waldrop, A) (Entered: 09/05/2018)

Sept. 5, 2018 PACER
107

NOTICE of APPEARANCE by Jordyn Ashley Bishop on behalf of Walter Pedersen, Cheryl Preston. Attorney Bishop, Jordyn Ashley added. (Bishop, Jordyn) (Entered: 10/03/2018)

Oct. 3, 2018 PACER
108

JOINT STATUS REPORT by Walter Pedersen, Cheryl Preston. (Bishop, Jordyn) (Entered: 10/09/2018)

Oct. 9, 2018 PACER

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: Dec. 4, 1989

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Detainees at the Plumas County jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Hadsell, Stormer & Renick

Prisoners Rights Union

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Plumas (Plumas), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $351,694.25 (atty fees)

Order Duration: 1992 - None

Content of Injunction:

Auditing

Implement complaint/dispute resolution process

Monitoring

Recordkeeping

Issues

General:

Access to lawyers or judicial system

Bathing and hygiene

Conditions of confinement

Counseling

Disciplinary procedures

Fire safety

Food service / nutrition / hydration

Grievance Procedures

Law library access

Mail

Phone

Recreation / Exercise

Staff (number, training, qualifications, wages)

Totality of conditions

Visiting

Voting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general

Type of Facility:

Government-run