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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

Clearinghouse coding complete

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…

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 Amendment. They sought declaratory and injunctive relief.

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.

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)

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

Docket

Last updated Aug. 31, 2022, 3:17 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

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: Aug. 3, 1993

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners at the Sutter County Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners Rights Union

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Sutter (Sutter), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $17,500 (atty fees)

Order Duration: 1993 - None

Content of Injunction:

Recordkeeping

Issues

General:

Food service / nutrition / hydration

Law library access

Record-keeping

Recreation / Exercise

Staff (number, training, qualifications, wages)

Suicide prevention

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Medical/Mental Health:

Dental care

HIV/AIDS

Medical care, general

Mental health care, general

Suicide prevention

Type of Facility:

Government-run