HALLER V. COUNTY OF SUTTER | Civil Rights Litigation Clearinghouse

Case: Haller v. County of Sutter

2:93-cv-01256 | U.S. District Court for the Eastern District of California

Filed Date: Aug. 3, 1993

Closed Date: 1994

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Case Summary

On August 3, 1993, prisoners at the Sutter County jail filed a class action lawsuit in the U.S. District Court for the Eastern District of California again the County Sheriff, challenging the constitutionality of their conditions of confinement. The plaintiffs, represented by the Prisoner Rights Union and private counsel, brought suit under 42 U.S.C. § 1983, alleging that, among other things, the overcrowding at the jail and the inadequacy of the medical treatment offered violated the Eight Ame…

Plaintiffs initially moved the Court for a temporary restraining order, but later stipulated to a continuance of their motion, and on September 15, 1993, the parties stipulated to and the Court (Judge David F. Levi) ordered a permanent injunction limiting population at the jail. The injunction including a prohibition against sleeping prisoners on the floor, a cap at capacity except in certain temporary circumstances, and authorization for the Sheriff to begin releasing prisoners from a housing unit if it came within 10% of capacity.

On February 16, 1994, the case was referred to Magistrate Judge Peter A. Nowinski for settlement negotiations, and in August of the same year the parties reached an agreement. Under the terms of the settlement agreement, the injunction regarding jail population would stay in place, and the Sheriff would be required to provide prisoners with more recreation time; access to certain materials, including CD-ROMs, at the law library; and a variety of medical, dental and mental health care services, including HIV testing, pregnancy services, and programs for detoxification and suicide prevention.

On September 14, 1994, the Court (Judge Levi) approved the settlement and dismissed the case. It is now closed.

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Summary Authors

Christopher Schad (7/23/2012)

MJ Koo (3/12/2017)

People

Judge(s)

Levi, David F. (California)

Moulds, John F. (California)

Nowinski, Peter A. (California)

Attorneys(s) for Plaintiff

Comiskey, Paul Wayne (California)

Persons, Paul Turner (California)

Attorneys(s) for Defendant

Hagar, John H. Jr. (California)

Larsen, Darrell W. (California)

Scanlon, James (California)

Judge(s)

Levi, David F. (California)

Moulds, John F. (California)

Nowinski, Peter A. (California)

Attorneys(s) for Plaintiff

Comiskey, Paul Wayne (California)

Persons, Paul Turner (California)

Attorneys(s) for Defendant

Hagar, John H. Jr. (California)

Larsen, Darrell W. (California)

Scanlon, James (California)

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Documents in the Clearinghouse

	Document
2:93-cv-01256	Docket (PACER) Haller v. Sutter	Sept. 14, 1994	Sept. 14, 1994 Docket
1 2:93-cv-01256	Stipulation [and Order Regarding] Population Limits	Sept. 15, 1993	Sept. 15, 1993 Order/Opinion
1 2:93-cv-01256	Amended Settlement Agreement	Sept. 14, 1994	Sept. 14, 1994 Settlement Agreement

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Docket

Last updated Feb. 16, 2023, 3:12 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT to Honorable David F Levi; referred to Magistrate Peter A Nowinski; Summons issued; fee status paid; Receipt #148934; Notice re: Consent forms (ndd) (Entered: 08/03/1993)	Aug. 3, 1993	Aug. 3, 1993
2	APPLICATION FOR TRO AND ANCILLARY RELIEF; MEMORANDUM AND DECLARATIONS by pltfs Dempsey W Haller, Sharon Carter, Phillip Carter, Terrance Ray Smith, Moises E Guzman (old) (Entered: 08/05/1993)	Aug. 4, 1993	Aug. 4, 1993
3	EXHIBITS to application for tro (old) (Entered: 08/18/1993)	Aug. 16, 1993	Aug. 16, 1993
	LODGED stipulation re continuance or application for TRO (old) (Entered: 08/18/1993)	Aug. 18, 1993	Aug. 18, 1993
4	ANSWER by dfts County of Sutter, Arthur Brandwood (old) (Entered: 08/24/1993)	Aug. 23, 1993	Aug. 23, 1993
6	MINUTES of Motion for Temporary Restraini before Magistrate Peter A. Nowinski; STIPULATION/ORDER continuing hearing on motion for tro [2−1] 9:30 9/15/93 (old) (Entered: 09/03/1993)	Sept. 1, 1993	Sept. 1, 1993
7	STIPULATION and ORDER by Honorable David F Levi ORDERING: stipulation re population limits is GRANTED; see order for specific details (cc: all counsel) (old) (Entered: 09/16/1993)	Sept. 15, 1993	Sept. 15, 1993
8	MINUTES of 9/15/93 before Magistrate Peter A Nowinski : pltf's mtn for tro ordered off calendar; stipulation and order to mtn to come from ct; stipulation/order presented to ct and signed off the record (old) (Entered: 09/17/1993)	Sept. 15, 1993	Sept. 15, 1993
9	ORDER by Magistrate John F Moulds ORDERING: Case referred to Magistrate John F Moulds (cc: all counsel) (old) (Entered: 10/07/1993)	Oct. 1, 1993	Oct. 1, 1993
10	ORDER SETTING STATUS CONFERENCE by Magistrate John F Moulds ORDERING: status conference set for 2/3/94 at 10:00am in ctrm 8 before JFM (cc: all counsel) (old) (Entered: 12/07/1993)	Dec. 7, 1993	Dec. 7, 1993
11	NOTICE OF MOTION AND MOTION for association of counsel by pltfs ; NO DATE SET (old) (Entered: 12/27/1993)	Dec. 22, 1993	Dec. 22, 1993
12	STATUS REPORT by defendant County of Sutter, defendant Arthur Brandwood (old) (Entered: 01/26/1994)	Jan. 25, 1994	Jan. 25, 1994
13	STATUS REPORT by plaintiff Dempsey W Haller (old) (Entered: 02/02/1994)	Feb. 1, 1994	Feb. 1, 1994
14	MINUTES of status conference before Magistrate John F Moulds : ; Scheduling Conference further set for 5/26/94 at 1:30 Scheduling order to issue C/R: Tape (old) (Entered: 02/04/1994)	Feb. 3, 1994	Feb. 3, 1994
15	ORDER by Magistrate John F Moulds ORDERING: motion for association of counsel by pltfs [11−1] is GRANTED; dfts may depose pltfs w/ 14 days notice; this matter is assigned to Honorable Peter A Nowinski for a settlement conference to be held prior to the scheduled status conference; Pretrial conf (prelim) set for 5/26/94 at 1:30pm ; parties shall submit a status report to court no later than 7 days prior to pretrial conference; requests for continuances of status conferences are not favored and will not be granted in the absence of a true emergency and will not be entertained unless made at least 3 days prior to scheduled conference (cc: all counsel) (old) (Entered: 02/16/1994)	Feb. 16, 1994	Feb. 16, 1994
16	LETTER to court from John Hagar confirming two dates for settlement discussions: 4/12/94 at 9:00am and 4/26/94 at 9:00am (old) (Entered: 03/10/1994)	March 10, 1994	March 10, 1994
17	NOTICE of hearing ; Settlement conference reset for 5/2/94 at 9:00 before PAN ( cc: all counsel) (old) Modified on 04/18/1994 (Entered: 04/18/1994)	April 15, 1994	April 15, 1994
18	NOTICE of hearing Settlement conference reset to 5/23/94 at 9:00am; Settlement Conference of 5/2/94 is VACATED ( cc: all counsel) (old) (Entered: 04/29/1994)	April 28, 1994	April 28, 1994
19	LETTER to court from John Hagar re status of case (old) (Entered: 05/06/1994)	May 5, 1994	May 5, 1994
20	ORDER by Magistrate John F Moulds ORDERING: Scheduling Conference set for 8/4/94 at 3:00pm; Scheduling conf set before JFM on 8/4/94 at 3:00pm ; parties shall submit to court and serve upon all other parties within 7 days preceding the conference status reports addressing all matters set forth in court's 2/16/94 order (cc: all counsel) (old) (Entered: 05/18/1994)	May 18, 1994	May 18, 1994
21	MINUTES of Settlement Conference before Magistrate Peter A Nowinski: After meeting and conferring, some issues were agreed upon and finalized; The parties have decided that a further settlement conference would be beneficial ; Settlement conference continued to 6/20/94 at 9:00 (old) (Entered: 05/25/1994)	May 23, 1994	May 23, 1994
23	MINUTES of Settlement Conference before Magistrate Judge Peter A Nowinski; Case Settled (old) (Entered: 07/27/1994)	July 26, 1994	July 26, 1994
24	MINUTE ORDER; Status Conference of 8/4/94 is dropped from calendar (cc: all counsel) (old) (Entered: 07/27/1994)	July 26, 1994	July 26, 1994
	LODGED settlement agreement by defendants County of Sutter and Arthur Brandwood (old) (Entered: 07/28/1994)	July 27, 1994	July 27, 1994
	LODGED order re posting of settlement agreement (old) (Entered: 08/04/1994)	Aug. 3, 1994	Aug. 3, 1994
	LODGED Order and Proposed Settlement Agreement by pltfs Sharon Carter, Dempsey W Haller, Phillip Carter, Terrance Ray Smith, Moises E Guzman, and defts County of Sutter, Arthur Brandwood (old) (Entered: 08/18/1994)	Aug. 17, 1994	Aug. 17, 1994
25	ORDER by Honorable David F Levi: this action is hereby DISMISSED as to all issues set forth in the complaint except for population issued, which were addressed in the Stipulation Re: Population Limits, Order filed in this action on 9/15/93; the Stipulation Re: Population Limits, Order shall be the final order in this case (cc: all counsel) (old) (Entered: 09/16/1994)	Sept. 14, 1994	Sept. 14, 1994
26	AMENDED SETTLEMENT AGREEMENT by defendants County of Sutter, Arthur Brandwood (old) (Entered: 09/16/1994)	Sept. 14, 1994	Sept. 14, 1994