Case: Wyckoff v. County of Tehama

Wyckoff v. Tehama

Wyckoff v. Tehama

Wyckoff v. Tehama

Wyckoff v. Tehama

Wyckoff v. Tehama

Wyckoff v. Tehama

Wyckoff v. Tehama

LODGED corrections to pretrial order by dfts County of Tehama, Rudy Blanusa (old)

COMPLAINT before Judge Garland E Burrell; referred to Magistrate John F Moulds; Summons issued; fee status paid; Receipt # 14084; Notice re: Consent forms (old) (Entered: 09/09/1992)

ORDER setting scheduling conference for 10:00 10/5/92 before Judge Garland E Burrell (cc: all counsel) (old) (Entered: 09/09/1992)

NOTICE OF MOTION AND MOTION by plaintiff Dennis Wyckoff, plaintiff Daniel Smith, plaintiff Barbara Nooner, plaintiff Randall Smith for preliminary injunction set for 10/13/92 at 9:00 before GEB ; Points and Authorities and Declarations in Support thereof, Exhibits A-E (old) (Entered: 09/10/1992)

LODGED proposed preliminary injunction by plaintiff (old)

ORDER by Judge Garland E Burrell Case REFERRED to Magistrate John F Moulds, ; Scheduling conf VACATED (cc: all counsel) (old) (Entered: 09/14/1992)

APPLICATION by plaintiff Dennis Wyckoff, plaintiff Daniel Smith, plaintiff Barbara Nooner, plaintiff Randall Smith for a Temporary Restraining Order and Ancillary Relief; Supporting Memorandums and Declarations; Exhibits A-E (old) (Entered: 09/16/1992)

DECLARATION of Paul T Persons in Support of application [5-1] (old) (Entered: 09/16/1992)

LODGED proposed temporary restraining order (old)

OBJECTIONS by defendant County Of Tehama to application [5-1] (old) (Entered: 09/16/1992)

ORDER by Magistrate John F Moulds setting hearing on application for TRO [5-1] 11:00 10/1/92, setting hearing on motion for preliminary injunction set for 10/13/92 at 9:00 before GEB [3-1] 11:00 10/13/92 (cc: all counsel) (old) (Entered: 09/18/1992)

ANSWER by defendant County Of Tehama (old) (Entered: 09/23/1992)

OPPOSITION by defendant County Of Tehama to plaintiff's motion for preliminary injunction set for 10/13/92 at 9:00 before GEB [3-1]; Declarations of Blanusa, Mieske, Mutchie (old) (Entered: 09/30/1992)

APPENDIX OF EXHIBITS A-T (old) (Entered: 09/30/1992)

DECLARATION of Wendy D Blaser (old) (Entered: 09/30/1992)

NOTICE by defendant County Of Tehama of Jail Population Count Sheets (old) (Entered: 09/30/1992)

LODGED Offer of Judgment by defendants County of Tehama, Sheriff Rudy Blanusa (old)

AMENDED COMPLAINT [1-1] by plaintiff Dennis Wyckoff, plaintiff Daniel Smith, plaintiff Barbara Nooner, plaintiff Randall Smith; adding Rudy Blanusa (old) (Entered: 09/30/1992)

APPLICATION for TRO RE: Law Library Memorandum and Declarations by plaintiff Dennis Wyckoff, plaintiff Daniel Smith, plaintiff Barbara Nooner, plaintiff Randall Smith (old) (Entered: 09/30/1992)

LODGED proposed Temporary Restraining Order (old)

MINUTES of plaintiff's motions for TRO/Preliminary Injunction: applications [15-1], [5-1] and motion for preliminary injunction [3-1] are SUBMITTED; briefs re: law library access by 10/23/92; responses by 11/2/92; F & R's to issue; access to jail- plaintiff to give 48 hrs notice; amended complaint ordered filed by stipulation; answer to original complaint deemed answer to amended complaint and additional charges denied; tour by Magistrate Judge of jail set for 10/28/92 @ 11:00am (old) (Entered: 10/07/1992)

NOTICE of Offer of Judgment by defendant County Of Tehama, defendant Rudy Blanusa (old) (Entered: 10/14/1992)

LODGED notice of filing of proposed findings and recommendations and order; proposed findings and recommendations and order by defendants County of Tehema, Rudy Blanusa (old)

TRANSCRIPT of 10/1/92 hearing on plaintiff's motion for TRO and for Preliminary Injunctions before Magistrate Judge JFM (old) (Entered: 10/20/1992)

ORDER RE: DOCUMENTS by Judge Garland E Burrell STRIKING offer of judgment and stipulation and order thereon [17-1] from the record (cc: all counsel) (old) (Entered: 10/20/1992)

RESPONSE by dfts County Of Tehama, Rudy Blanusa in OPPOSITION to plaintiffs' motion for preliminary injunction; DECLARATION of Wendy D Blaser in support; EXHIBITS (old) (Entered: 10/26/1992)

SUPPLEMENTAL BRIEF by plaintiffs in SUPPORT of motion for preliminary injunction [3-1]; EXHIBITS (old) (Entered: 10/27/1992)

EXHIBIT list by defendant County Of Tehama, defendant Rudy Blanusa (old) (Entered: 11/02/1992)

EX PARTE APPLICATION by defendant County Of Tehama, defendant Rudy Blanusa to strike exhibits (old) (Entered: 11/02/1992)

REPLY by defendant County Of Tehama, defendant Rudy Blanusa (old) (Entered: 11/02/1992)

REPLY by dfts County Of Tehama, defendant Rudy Blanusa to plaintiff's supplemental brief [21-1] (old) (Entered: 11/03/1992)

ORDER by Magistrate John F Moulds ORDERING: further oral argument on dft's motion for preliminary injunction [3-1] set for 11/12/92 at 3:00 in ctrm 8 (cc: all counsel) (old) Modified on 11/03/1992 (Entered: 11/03/1992)

REPLY brief by plaintiffs to dfts' opposition to motion for preliminary injunction [3-1]; EXHIBITS (old) (Entered: 11/03/1992)

EX PARTE APPLICATION by dfts to strike exhibits; DECLARATION of John Hagar (old) (Entered: 11/06/1992)

REPLY brief by pltfs in OPPOSITION to dfts' application to strike exhibits [28-1] (old) (Entered: 11/12/1992)

MINUTES of pltf's motion for preliminary injunction and dft's application to strike exhibits: motion for preliminary injunction [3-1] is SUBMITTED; Jury trial 6/21/93 at 9:00 before GEB (old) (Entered: 12/04/1992)

LODGED stipulation and order for injunctive relief (old)

DECLARATION of Ronald Dreifort, Esq (old) (Entered: 11/24/1992)

DECLARATION of Matthew McGlynn, Esq (old) (Entered: 11/24/1992)

STIPULATION and ORDER by Magistrate John F Moulds GRANTING lodged stipulation and order re: injunctive orders [0-0]; ORDERING: dfts are enjoined from bedding inmates on the floor; maximum assigned bed capacity at jail is 106; maximum bed capacity at Work/Education Facility is 38; dfts are enjoined from adding beds to jail and Work/Education Facility; sheriff of Tehama County is authorized to release inmates from Tehama County Jail and/or Work/Education Facility or any specific housing unit therein when it is w/i 10 percent of being filled; Sheriff shall release inmates or refuse newly-committed inmates whenever all beds in said jail or Work Facility are filled; stipulation shall EXPIRE after new addition to Tehama County Jail is 75 percent occupied under the initial Board of Corrections' rated capacity of that new addition (cc: all counsel) (old) (Entered: 11/25/1992)

TRANSCRIPT of 11/12/92 motion by pltf for preliminary injucntion and dft's application to stike exhibits before JFM (old) (Entered: 12/11/1992)

LETTER to court from attorney Paul T Persons RE: current status of Tehema County pending preliminary injunction (old) (Entered: 01/13/1993)

DECLARATION of Sheriff Rudy "Mike" Blanusa; EXHIBITS (old) (Entered: 01/25/1993)

SUPPLEMENTAL OPPOSITION by dfts Rudy Blanusa, County Of Tehama re: opposition to pltfs' motion for preliminary injunction [20-1]; EXHIBITS (old) (Entered: 01/26/1993)

SECOND REPLY BRIEF by pltfs in SUPPORT of motion for preliminary injunction [3-1]; EXHIBITS (old) (Entered: 02/09/1993)

REPLY by plaintiffs to dfts' offer of judgment (old) (Entered: 02/16/1993)

REPLY by pltfs to the declaration of Sheriff Rudy "Mike" Blanusa [36-1]; EXHIBITS A and B (old) (Entered: 03/09/1993)

RESPONSE by defendants to Mr Persons' correspondence of 3/25/93 re: remaining issues presenting factual disputes for trial; joining pltfs' request for a status conference or for an order which establishes a pretrial date and trial cut-off dates (old) (Entered: 04/08/1993)

SCHEDULING ORDER by Magistrate John F Moulds ORDERING: Discovery ddl 5/27/93; designation of witnesses completed by 5/1/93, except for inmate witnesses, who may be designated up to 6/1/93; Mtn filing ddl 5/14/93; Pretrial conf (final) 5/27/93 at 3:00 in chmbrs of JFM; Trial 6/21/93 at 10:00 before JFM (cc: all counsel) (old) (Entered: 04/21/1993)

DESIGNATION OF EXPERT WITNESSES by dfts (old) (Entered: 05/04/1993)

SUPPLEMENTAL designation by dfts to witness list [43-1] (old) (Entered: 05/04/1993)

MINUTE ORDER: Pretrial conf (final) ADVANCED TO 5/27/93 AT 11:00 ctrm 8 JFM (cc: all counsel) (old) (Entered: 05/13/1993)

NOTICE OF MOTION AND MOTION by dfts in limine instructing pltfs' counsel not to refer to or to interrogate any witness concerning population issues resolved by the Rule 68 set 5/27/93 at 3:00 before JFM (old) (Entered: 05/13/1993)

PRETRIAL Statement from dfts Rudy Blanusa, County Of Tehama (old) (Entered: 05/20/1993)

OPPOSITION by pltfs to motion in limine instructing pltfs' counsel not to refer to or to interrogate any witness concerning population issues resolved by the Rule 68 [46-1] (old) (Entered: 05/26/1993)

MINUTES before Magistrate John F Moulds re TAKING UNDER SUBMISSION the motion in limine instructing pltfs' counsel not to refer to or to interrogate any witness concerning population issues resolved by the Rule 68 [46-1] Pretrial conf (final) held 5/27/93; Mtn filing ddl SATISFIED; trial to begin 6/22/93; parties to submit trial briefs by 6/15/93; exhibit and witness list to court by 6/18/93 Discovery ddl SATISFIED (old) (Entered: 05/28/1993)

PRIOSONER WITNESS list by pltfs (old) (Entered: 06/02/1993)

MINUTE ORDER: ; Settlement conference set for 6/14/93 at 9:00 before PAN (cc: all counsel) (old) (Entered: 06/08/1993)

LETTER to court from defendant County Of Tehama addressed to the Magistrate-Judge re response to the court's inquiry during the pretrial conference/ enclosed is a copy of the signed order concerning deft's first rule 68 offer (old) (Entered: 06/08/1993)

PRETRIAL ORDER by Magistrate John F Moulds; LISTING disputed and undisputed facts; witnesses to be called; exhibits to be offered; discovery documents; TRIAL set for 6/22/93 at 10:00 ctrm 8 JFM; trial briefs shall be filed by 6/15/93; objections to this order within 7 days (cc: all counsel) (old) (Entered: 06/09/1993)

TRIAL brief submitted by defts Rudy Blanusa and County Of Tehama (old) (Entered: 06/15/1993)

MINUTES of the settlement conf before Magistrate Peter A Nowinski Settlement Conference HELD case did not settle (old) (Entered: 06/16/1993)

TRIAL briefs submitted by plaintiffs (old) (Entered: 06/17/1993)

LODGED PROTECTIVE ORDER by pltfs ordering defts to produce pltfs medical records for inspection and copying; EXHIBITS medical records for inspection and copying (old)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of Tehema County Jail to have and produce Frances Freeman in court 6/25/93 at 10:00am (cc: all counsel) (old) (Entered: 06/16/1993)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of Tehama County Jail to have and produce Walter Mapes in court on 6/25/93 at 10:00am (cc: all counsel) (old) (Entered: 06/16/1993)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of Tehama County Jail to have and produce Ron Puckett in court on 6/25/93 at 10:00am (cc: all counsel) (old) (Entered: 06/16/1993)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of CA Rehabilitation Center to have and produce Randall Smith in court on 6/23/93 at 10:00am (cc: all counsel) (old) (Entered: 06/16/1993)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of Tehama County Jail to have and produce Gary Stapleton in court on 6/25/93 at 10:00am (cc: all counsel) (old) Modified on 06/17/1993 (Entered: 06/16/1993)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of Tehema County Jail to have and produce James Ward in court on 6/25/93 at 10:00am (cc: all counsel) (old) (Entered: 06/16/1993)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of CA State Prison Solano to have and produce Dennis Wyckoff in court on 6/23/93 at 10:00am (cc: all counsel) (old) (Entered: 06/16/1993)

ORDER by Magistrate Gregory G Hollows ORDERING: writ of habeas corpus ad testificandum ISSUED to Warden, Sheriff or Jailor of Tehama County Jail to have and produce Richard Young in court on 6/25/93 at 10:00am (cc: all counsel) (old) (Entered: 06/16/1993)

AMENDED ORDER by Magistrate Gregory G Hollows ORDERING: a amended writ of habeas corpus ad testificandum be issued to command warden at San Quentin to produce the body of Gary Stapleton at trial on 5/23 at 10:00 (cc: all counsel) (old) (Entered: 06/17/1993)

CERTIFIED Mail Receipt re: habeas corpus ad testificandum addressed to Tehama County Jail c/o Sgt. Goodwater (old) (Entered: 06/21/1993)

OBJECTIONS by dfts Rudy Blanusa, County Of Tehama to pltfs' trial exhibits (old) (Entered: 06/21/1993)

OBJECTIONS by pltfs to dfts' exhibits list (old) (Entered: 06/21/1993)

PROTECTIVE ORDER by Judge John F Moulds ORDERING Tehama County Health Center, Ronald L Clark DDS, Steven J Coffman MD; Tehama County Mental Health; and Tehama County to produce for inspection and copying by Plaintiff's counsel the medical, dental, mental health and custody records of all prisoners listed as Prisoner Witnesses (cc: all counsel) (old) (Entered: 06/21/1993)

ORDER by Judge John F Moulds ORDERING that a writ of Habeas Corpus ad Testificandum be issued and that Warden, Sheriff or Jailor of relevant facility produce Shirley McDonald to USDC on 6/25/93 at 10:00; sent via Federal Express and fax to Central Calif Women's Facility, 23370 Road 22, Chowchilla, CA 93610 (cc: all counsel) (old) (Entered: 06/22/1993)

CERTIFIED Mail Receipt of article addressed to CA Rehabilitation Center, 5th Street Norco, CA 91760 (old) (Entered: 06/23/1993)

CERTIFIED Mail Receipt of article addressed to CA State Prison, Solano, 1600 California Drive, Vacaville, CA 95696 (old) (Entered: 06/23/1993)

MINUTES of court trial day 1 before Judge John F Moulds: Trial held 6/22/93 : pretrial matters opening stmts, direct exams, cross-exams, deft's exhibits, pltf's exhibits C/R: Cheryl Hribal (old) (Entered: 06/24/1993)

ORDER by Judge John F Moulds ORDERING issuance of Writ of Habeas Corpus ad Testificandum commanding Warden, Sheriff or Jailor of CA State Prison at Solano in Vacaville to Produce Dennis Wyckoff on 6/25/93 at 10:00 at Courtroom #8 in front of JFM (cc: all counsel) (old) (Entered: 06/23/1993)

MINUTES of court trial day 2 before Judge John F Moulds; pltfs submits exhibits; inmate Gary Stapleton sworn and testified; cross exam; inmate Randall Smith sworn and testified; cross exam; further testimony and exhibits C/R: Cheryl Hribal (old) (Entered: 06/28/1993)

MINUTES of court trial day 3 before Judge John F Moulds; William Raymond Nelson sworn and testified; pltfs exhibits; further testimony and exhibits; C/R: Cheryl Hribal (old) (Entered: 06/28/1993)

MINUTES of court trial day 4 before Judge John F Moulds; pltfs motion to remove restraints for testimony granted as to all witnesses except Ward; testimony; cross exam; redirect exam; exhibits (old) (Entered: 06/28/1993)

MINUTES of COURT TRIAL DAY 5 before Judge John F Moulds: Exhibits admitted and withdrawn; C/R: Cheryl Hribal (old) (Entered: 07/01/1993)

MINUTES of COURT TRIAL DAY 6 before Judge John F Moulds: cross-exam, exhibits presented, witnesses presented and excused; C/R: Cheryl Hribal (old) (Entered: 07/01/1993)

MINUTES of COURT TRIAL DAY 7 before Judge John F Moulds: witnesses sworn in, exhibits presented, cross-exams; C/R: Cheryl Hribal (old) (Entered: 07/01/1993)

REQUEST by dfts County Of Tehama, Rudy Blanusa to call one rebuttal witness re: exercise (old) (Entered: 07/02/1993)

OFFER OF PROOF by dfts County Of Tehama, Rudy Blanusa re: request [81-1] (old) (Entered: 07/02/1993)

REQUEST for Judicial notice by dfts County Of Tehama, Rudy Blanusa (old) (Entered: 07/02/1993)

REPORTER'S TRANSCRIPT of Proceedings on the Testimony of Ed Bernauer M D, 6/23/93 (old) (Entered: 07/06/1993)

REPORTER'S TRANSCRIPT of Proceedings on the Testimony of William R Nelson, 6/24/93 (old) (Entered: 07/06/1993)

MINUTES of COURT TRIAL DAY 8 before Judge John F Moulds: witnesses sworn and testified, exhibits presented; cross exams, closing arguments; matter is submitted for court's decision C/R: Cheryl Hribal (old) (Entered: 07/07/1993)

Exhibit and Witness List (old) (Entered: 07/07/1993)

NOTICE by defendants of filing of procedure 6415 pursuant to court's request that dfts provide copies of the law library procedures in place at the jail PRIOR to implementation of the jail's law library and new procedures issued 6/93 (old) (Entered: 07/16/1993)

POST TRIAL BRIEF AND PROPOSED FINDINGS OF FACT by dfts (old) (Entered: 07/16/1993)

LETTER to court from John Hagar counsel for defendants re Supreme Court decision of Farmer v Brennan (kb) (Entered: 06/14/1994)

TRANSCRIPT of 7/23/97 hearing on closing argument by C/R Cheryl T Young (kdc) (Entered: 05/12/1997)

ORDER by Magistrate Judge John F. Moulds ORDERING status conference set for 1:30 6/26/97 in chanbers parties may file status reports no later than 6/19/97 (cc: all counsel) (old) (Entered: 05/12/1997)