Case: Hecker v. CDCR

2:05-cv-02441 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 1, 2005

Case Ongoing

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Case Summary

On December 1, 2005, a group of California prisoners with mental illness filed this suit in the U.S. District Court for the Eastern District of California. The prisoners filed against the California Department of Corrections and Rehabilitation under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The prisoners, represented by the Legal Aid Society, the National Center for Lesbian Rights, and private counsel, asked the court for both declaratory and injunctive relief, alleg…

On December 1, 2005, a group of California prisoners with mental illness filed this suit in the U.S. District Court for the Eastern District of California. The prisoners filed against the California Department of Corrections and Rehabilitation under the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The prisoners, represented by the Legal Aid Society, the National Center for Lesbian Rights, and private counsel, asked the court for both declaratory and injunctive relief, alleging that the prison system's policies regarding prisoners with mental disabilities violated the ADA. Specifically, the prisoners challenged the prison system's policies of 1) adding four classification points to any prisoner with mental illness; 2) preventing prisoners with mental illness from attending programming; 3) requiring that any prisoners taking specific medications be kept inside during yard when the temperature increased over 90 degrees; and 4) preventing prisoners with mental illness from taking jobs inside prison, among other allegations. The case was assigned to Judge Lawrence Karlton.

(The procedural history comes from Docket 124-3.) Following the defendants' motion to dismiss, the relationship between this case and Coleman v. Brown came into issue. Coleman was a class-action lawsuit filed by mentally ill California inmates under 42 U.S.C. § 1983 against CDC alleging that mental health care provided at most California penal institutions violated their constitutional rights. Coleman was also in front of Judge Karlton. In this case, instead of ruling on the motion to dismiss (and before the prisoners were able to file a motion to certify the class,) on March 15, 2007, Judge Karlton referred the case to the special master of the Coleman case to make "a report and recommendation as to whether the claims raised [in Hecker] can be resolved within the remedial phase of [Coleman]." The case was stayed pending that report. 2007 WL 836806.

On June 12, 2007, the Coleman special master and the deputy special master gave their report and recommendation. The report concluded that the parties' were not able to "negotiate[e] an agreement to consolidation or merger of the Hecker claims into the Coleman case at this time." On December 14, 2007, the prisoners filed a motion to lift the stay. The Court did not rule on the motion. In the meantime, intense litigation proceeded in Coleman.

The prisoners filed a renewed motion to lift the stay on September 19, 2012. On October 19, 2012, the Court denied the prisoners' motion without prejudice to its renewal, as appropriate, not later than March 1, 2013, and the parties were directed to meet and confer with the Coleman Special Master to determine whether any Hecker issues could be resolved in the Coleman remedial process. In the midst of that meet and confer process in January 2013 the state moved to terminate the Coleman case. Therefore, the parties were not able to agree to resolve Hecker issues within the Coleman remedial process. (In the end, the Coleman termination motion was not granted.)

On March 1, 2013, the Hecker plaintiffs filed a renewed motion to lift the stay. On April 12, 2013, Magistrate Judge Dale A. Drozd denied the prisoners' motion "without prejudice to its renewal, as appropriate, not later than September 5, 2013." He ordered the parties to continue to meet and confer with the Coleman Special Master, and directed that any renewed prisoners' motion to lift the stay be "accompanied by a joint report by the parties and approved by the Coleman special master."

In July 2014, the parties reached a settlement. Judge Karlton granted preliminary approval of the settlement on August 7, 2014, before retiring later that month. The case was assigned to Judge Kimberly Mueller, who approved the settlement agreement on March 2, 2015. The CDC agreed to implement revised policies to ensure that prisoners with psychiatric disabilities would not be unlawfully excluded from prison programs and services or be discriminated against because of their disabilities. The Settlement Agreement also provided that the implementation of these revised policies would be monitored by the Special Master appointed by the Court in Coleman. The Court in Coleman would also retain jurisdiction to enforce the terms of the settlement agreement. The parties also agreed that the CDC would pay attorneys' fees and costs through the periodic fees process in Coleman.

The settlement agreement stated that termination of the Coleman litigation would

terminate the issues that had been or were being resolved under the agreement. As of March 23, 2020 monitoring and implementation of the settlement agreements in both cases is ongoing.

Summary Authors

Jonathan Forman (8/4/2013)

Jessica Kincaid (2/23/2016)

Related Cases

Coleman v. Newsom, Eastern District of California (1990)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4158357/parties/pc-hecker-v-california-department-of-corrections-and-rehabilitation/


Judge(s)

Drozd, Dale Alan (California)

Attorney for Plaintiff

Bien, Michael W. (California)

Bossing, Lewis (California)

Center, Claudia B. (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Brown, Edmund G. Jr. (California)

Documents in the Clearinghouse

Documents in this case

2:05-cv-02441

Docket [PACER]

March 2, 2015

March 2, 2015

Docket
1

2:05-cv-02441

Class Action Complaint for Declaratory and Injunctive Relief

Hecker v. California Department of Corrections and Rehabilitation

Dec. 1, 2005

Dec. 1, 2005

Complaint
12

2:05-cv-02441

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Hecker v. California Department of Corrections and Rehabilitation

Feb. 23, 2006

Feb. 23, 2006

Complaint
14

2:05-cv-02441

Order

Hecker v. California Department of Corrections and Rehabilitation

May 2, 2006

May 2, 2006

Order/Opinion
29

2:05-cv-02441

Joint Stipulation and Order

Hecker v. California Department of Corrections and Rehabilitation

Sept. 14, 2006

Sept. 14, 2006

Order/Opinion
35

2:05-cv-02441

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

Hecker v. Cal. Dep't of Corrections and Rehabilitation

Oct. 20, 2006

Oct. 20, 2006

Complaint
65

2:05-cv-02441

Findings and Recommendations

Hecker v. California Department of Corrections and Rehabilitation

Feb. 27, 2007

Feb. 27, 2007

Magistrate Report/Recommendation
70

2:05-cv-02441

Order

Hecker v. California Department of Corrections and Rehabilitation

March 14, 2007

March 14, 2007

Order/Opinion
71

2:05-cv-02441

Order

Hecker v. California Department of Corrections and Rehabilitation

March 15, 2007

March 15, 2007

Order/Opinion

2007 WL 836806

72

2:05-cv-02441

Report and Recommendation of the Coleman Special Master regarding consolidation and/or resolution of Hecker claims.

Hecker v. Schwarzenegger

June 12, 2007

June 12, 2007

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4158357/pc-hecker-v-california-department-of-corrections-and-rehabilitation/

Last updated April 7, 2025, 1:35 p.m.

ECF Number Date Description Link
1 Dec. 1, 2005

COMPLAINT for Declaratory and Injunctive Relief against all defendants, filed by Robert Hecker. (Attachments: # 1 Civil Cover Sheet)(Center, Claudia) (Entered: 12/01/2005)

Clearinghouse
3 Dec. 2, 2005

NOTICE of RELATED CASE 2:90−cv−00520, s:04−01750, s:05−0876 by Robert Hecker (Nolan, Thomas) (Entered: 12/02/2005)

PACER
4 Dec. 2, 2005

DECLARATION of Michael W. Bien in SUPPORT OF NOTICE OF RELATED CASES . (Nolan, Thomas) (Entered: 12/02/2005)

PACER
5 Dec. 5, 2005

SUMMONS ISSUED as to *Teresa A. Schwartz, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Roderick Q. Hickman, Jeanne S. Woodford, John Dovey* with answer to complaint due within *20* days. Attorney *Claudia Center* *600 Harrison Street* *Ste. 120* *San Francisco, CA 94104*. (Yin, K) (Entered: 12/05/2005)

PACER
6 Dec. 5, 2005

AMENDED SUMMONS ISSUED as to *Teresa A. Schwartz, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Roderick Q. Hickman, Jeanne S. Woodford, John Dovey* with answer to complaint due within *20* days. Attorney *Claudia Center* *600 Harrison Street* *Ste. 120* *San Francisco, CA 94104*. (Yin, K) Modified on 12/9/2005 (Yin, K). (Entered: 12/05/2005)

PACER
7 Dec. 5, 2005

PRISONER NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Forms) (Yin, K) (Entered: 12/05/2005)

PACER
Dec. 5, 2005

RECEIPT number 20214630 for $250.00 for New Case Filing from Claudia Center. (Yin, K) (Entered: 12/05/2005)

PACER
8 Dec. 13, 2005

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Robert Hecker. (Center, Claudia) (Entered: 12/13/2005)

PACER
9 Dec. 27, 2005

OBJECTIONS by David Wilson (in 2:05−cv−0876 LKK GGH (PC)) to 3 Notice of Related Case. (Dotson, B) (Entered: 12/28/2005)

PACER
10 Jan. 5, 2006

SUMMONS ISSUED as to *Teresa A. Schwartz, Warden of the CA Medical Facility in her official capacity* with answer to complaint due within *20* days. Attorney *Claudia Center* *The Legal Aid Society−Employment Law Center* *600 Harrison Street, Suite 120* *San Francisco, CA 94107*. (Warren, P) (Entered: 01/05/2006)

PACER
11 Jan. 10, 2006

SUMMONS RETURNED EXECUTED by Robert Hecker. Teresa A. Schwartz served on 1/6/2006, answer due 1/26/2006; California Department of Corrections and Rehabilitation served on 12/30/2005, answer due 1/19/2006; Arnold Schwarzenegger served on 12/30/2005, answer due 1/19/2006; Roderick Q. Hickman served on 12/30/2005, answer due 1/19/2006; Jeanne S. Woodford served on 12/30/2005, answer due 1/19/2006; John Dovey served on 12/30/2005, answer due 1/19/2006. (Center, Claudia) (Entered: 01/10/2006)

PACER
12 Feb. 23, 2006

FIRST AMENDED COMPLAINT against all defendants filed by Christopher Jenkins, Robert Hecker.(Center, Claudia) Modified on 2/24/2006 (Dotson, B). (Entered: 02/23/2006)

Clearinghouse
14 May 2, 2006

ORDER signed by Judge Lawrence K. Karlton on 5/1/06 ORDERING that case 05cv2441 LKK GGH is related to member of cases 90cv520 LKK JFM, 04cv1750 FCD KJM and 05cv876 LKK GGH P. Case 05cv2441 shall remain assigned to Judge Lawrence K. Karlton and shall be reassigned to Judge John F. Moulds for all further proceedings. Clerk to make appropriate adjustment in the assignment of civil cases to compensate for this reassignment . (Duong, D) (Entered: 05/03/2006)

Clearinghouse
15 May 4, 2006

ORDER SETTING STATUS CONFERENCE signed by Judge John F. Moulds on 5/4/06 ORDERING that: a Status Conference is set for 6/1/2006 at 11:00 AM in Courtroom 25 before Magistrate Judge John F. Moulds; the parties are not required to submit to the court or serve upon the parties a status report; and, counsel are reminded of their duty to notify chambers immediately of any settlement or other disposition.(Brown, T)

RECAP
16 June 1, 2006

MINUTES for proceedings held on 6/1/2006 before Judge John F. Moulds : STATUS CONFERENCE. The parties advised the Court as to the status of the case. The Court to issue an order.Plaintiffs Counsel Claudia Center and Michael Bien present. Defendants Counsel Kurt Franklin and Jay Russell present. Michael Keating appearing by telephone.Court Reporter/CD Number: ECRO, CD 1 of 1. TEXT ONLY.(Cannarozzi, N) (Entered: 06/01/2006)

PACER
17 June 14, 2006

ORDER signed by Judge John F. Moulds on 6/13/06 ORDERING Any motion to amend the complaint shall be filed and noticed for hearing so that it will be heard not later than 9/14/06. The notice requirements and briefing schedule set forth in LR 78-230 sh all apply to any such motion, which shall be set for hrg on this court's law and motion calendar. This matter is SET for furhter Status Conference on 9/14/2006 at 11:00 AM in Courtroom 25 (JFM) before Magistrate Judge John F. Moulds. (Girgis, C)

RECAP
18 June 26, 2006

TRANSCRIPT of Status Conference held on 6/1/2006 before the Honorable John F. Moulds. (TEXT ONLY − Maintained on Paper) (Schultz, C) (Entered: 06/27/2006)

PACER
19 Aug. 8, 2006

MINUTE ORDER: The court is in receipt of a request for clarification of the referral in the instant case. The court clarifies that it was the court's intention to assign the case to Magistrate Judge Moulds, pursuant to 28 U.S.C. 636(b)(1)(B), to decide all matters initially, reserving for this court review of the magistrate judge's proposed findings. In the event a party objects to that process, they should file a pleading which sets for the basis for their desire that this court hear the matter. Ordered by Judge Lawrence K. Karlton on 8/8/06. (No document attached).(Hinkle, T) Modified on 8/10/2006 (Duong, D). (Entered: 08/08/2006)

PACER
20 Aug. 8, 2006

LETTER from plaintiffs re Clarification of 5/1/06 order 14 . See Minute Order 19 . (Duong, D) Modified on 8/10/2006 (Duong, D). (Entered: 08/09/2006)

PACER
21 Aug. 14, 2006

MOTION to AMEND the COMPLAINT by Christopher Jenkins, Robert Hecker. Motion Hearing set for 9/14/2006 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Center, Claudia) (Entered: 08/14/2006)

PACER
22 Aug. 14, 2006

MEMORANDUM/RESPONSE in SUPPORT re 21 MOTION to AMEND the COMPLAINT. (Center, Claudia) (Entered: 08/14/2006)

PACER
23 Aug. 14, 2006

DECLARATION of Lewis Bossing in Support of re 21 MOTION to AMEND the COMPLAINT. (Center, Claudia) (Entered: 08/14/2006)

PACER
24 Aug. 14, 2006

PROPOSED ORDER re 21 MOTION to AMEND the COMPLAINT. (Center, Claudia) (Entered: 08/14/2006)

PACER
25 Aug. 31, 2006

STATEMENT of NON−OPPOSITION to MOTION. Attorney Franklin, Kurt A. added. Plantiffs' Motion to Amend First Amended Complaint (Franklin, Kurt) (Entered: 08/31/2006)

PACER
26 Aug. 31, 2006

DECLARATION of Kurt A. Franklin in Support of. Defendants' Statement of Non−Opposition to Plaintiffs' Motion to Amend First Amended Complaint (Franklin,

PACER
28 Sept. 12, 2006

STIPULATION and PROPOSED ORDER Joint Stipulation by California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Roderick Hickman, Jeanne S. Woodford, John Dovey. (Franklin, Kurt) (Entered: 09/12/2006)

PACER
29 Sept. 14, 2006

JOINT STIPULATION AND ORDER signed by Judge John F. Moulds on 9/13/06. The Status conference currently set for Thursday, September, 14, 2006 is VACATED. Plaintiffs shall file their revised Second Amended Class Action Complaint for Declaratory and Injunctive Relief by Friday, October 20, 2006. The proposed joint scheduling should be filed by September 29, 2006. (Kaminski, H) Modified on 9/14/2006 (Kaminski, H).

Clearinghouse
30 Sept. 29, 2006

STIPULATION and PROPOSED ORDER GRANTING EXTENSION OF TIME TO FILE PROPOSED SCHEDULING ORDER by California Department of Corrections and Rehabilitation. Attorney Russell, Jay Craig added. (Russell, Jay) (Entered: 09/29/2006)

PACER
31 Oct. 6, 2006

FURTHER STIPULATION and PROPOSED ORDER by California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Roderick Hickman, Jeanne S. Woodford, John Dovey to extend time to file proposed scheduling order. (Franklin, Kurt) Modified on 10/10/2006 (Kirkpatrick, S). (Entered: 10/06/2006)

PACER
32 Oct. 13, 2006

PLAINTIFF(S) CASE MANAGEMENT STATEMENT and proposed order by Christopher Jenkins, Robert Hecker. (Center, Claudia) Modified on 10/16/2006 (Matson, R). (Entered: 10/13/2006)

PACER
33 Oct. 13, 2006

DECLARATION of Claudia Center in Support of re 32 Case Management Statement. (Center, Claudia) Modified on 10/16/2006 (Matson, R). (Entered: 10/13/2006)

PACER
34 Oct. 13, 2006

STIPULATION and PROPOSED ORDER Joint Stipulation and [Proposed] Order by California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Roderick Hickman, Jeanne S. Woodford, John Dovey. Attorney Russell, Jay Craig added. (Russell, Jay) (Entered: 10/13/2006)

PACER
35 Oct. 20, 2006

SECOND AMENDED CLASS ACTION COMPLAINT against all defendants by Askia S Ashanti, Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Mueller, John Schooley, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. Attorney Center, Claudia B added.(Center, Claudia) Modified on 10/23/2006 (Matson, R). (Entered: 10/20/2006)

Clearinghouse
36 Nov. 6, 2006

NOTICE of Change of Law Firm Name and Address by all plaintiffs. Attorney Whelan, Amy Elizabeth added. (Whelan, Amy) Modified on 11/8/2006 (Matson, R). (Entered: 11/06/2006)

PACER
37 Nov. 14, 2006

STIPULATION and PROPOSED ORDER by Teresa A. Schwartz, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Roderick Hickman, Jeanne S. Woodford, John Dovey. Attorney Franklin, Kurt A. added. (Franklin, Kurt) (Entered: 11/14/2006)

PACER
38 Nov. 17, 2006

MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations by Michael Poulos, California Department of Corrections and Rehabilitation, Jeanne S. Woodford, John Dovey. Attorney Franklin, Kurt A. added. Motion Hearing set for 12/21/2006 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Franklin, Kurt) (Entered: 11/17/2006)

PACER
39 Nov. 17, 2006

Memo of Points and Authorities to 38 Motion to Dismiss by Michael Poulos, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. (Franklin, Kurt) Modified on 11/28/2006 (Matson, R). (Entered: 11/17/2006)

PACER
41 Nov. 17, 2006

Request for Judicial Notice and Exhibits by Michael Poulos, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. (Attachments: # 1 Exhibit E and F, pt 1 of 4 # 2 Exhibit F pt 2 of 4 # 3 Exhibit F pt 3 of 4 # 4 Exhibit F pt 4 of 4 # 5 Exhibit G through I # 6 Exhibit J # 7 Exhibit K through M)(Franklin, Kurt) Modified on 11/28/2006 (Matson, R). (Entered: 11/17/2006)

PACER
42 Nov. 17, 2006

DISREGARD − filed correct proposed order 43 PROPOSED ORDER Motion to Dismiss re 40 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations − Appendix to MPA , 38 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations , 41 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations − Request for Judicial Notice and Exhibits , 39 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations − Memo of Points and Authorities by Michael Poulos, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. (Franklin, Kurt) Modified on 11/20/2006 (Holland, K). (Entered: 11/17/2006)

PACER
43 Nov. 20, 2006

PROPOSED ORDER Motion to Dismiss and Strike re 40 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations − Appendix to MPA , 38 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations , 41 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations − Request for Judicial Notice and Exhibits , 39 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations − Memo of Points and Authorities by Michael Poulos, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. (Franklin, Kurt) (Entered: 11/20/2006)

PACER
44 Nov. 20, 2006

SUMMONS RETURNED EXECUTED as to James E Tilton served on 11/10/2006; Benjamin Curry served on 11/6/2006; Peter Farber−Szekrenyi served on 11/10/2006; Robert Hernandez served on 11/8/2006; Anthony Malfi served on 11/6/2006; Marshall served on 11/17/2006; Kathy Mendoza−Powers served on 11/17/2006; Michael Poulos served on 11/6/2006; and R. K. Wong served on 11/6/2006. (Center, Claudia) Modified on 12/21/2006 (Matson, R). (Entered: 11/20/2006)

PACER
Nov. 20, 2006

CLERK'S NOTICE of DOCKET CORRECTION re 42 Disregard, corrected Proposed Order filed 43 (Holland, K) (Entered: 11/20/2006)

PACER
45 Nov. 27, 2006

JOINDER by Defendants Benjamin Curry, Robert Hernandez, Anthony Malfi, Kathy Mendoza−Powers, R. K. Wong to Motion to Dismiss 38 . Attorney Jacob, Renju Palanilkumuryil added. (Jacob, Renju) Modified on 11/30/2006 (Mena−Sanchez, L). (Entered: 11/27/2006)

PACER
46 Nov. 27, 2006

MEMORANDUM of Points and Authorities by Benjamin Curry, Robert Hernandez, Anthony Malfi, Kathy Mendoza−Powers, R. K. Wong to 45 MOTION to DISMISS.(Jacob, Renju) Modified on 11/30/2006 (Mena−Sanchez, L). (Entered: 11/27/2006)

PACER
47 Nov. 30, 2006

JOINDER by Defendant Farber−Szekrenyi to MOTION TO DISMISS 38 (Jacob, Renju) Modified on 12/1/2006 (Mena−Sanchez, L). (Entered: 11/30/2006)

PACER
48 Nov. 30, 2006

MEMORANDUM of Points and Authorities is SUPPORT of JOINDER to Motion to Dismiss 47 . (Jacob, Renju) Modified on 12/1/2006 (Mena−Sanchez, L). (Entered: 11/30/2006)

PACER
49 Dec. 1, 2006

STIPULATION and PROPOSED ORDER re 38 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations by Askia S Ashanti, Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Schooley, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. (Center, Claudia) (Entered: 12/01/2006)

PACER
50 Dec. 14, 2006

PLAINTIFFS' Memorandum of Points And Authorities In Opposition To Defendants' Motion to Dismiss Plaintiffs' Complaint and Motion to Strike Allegations. Attorney Bien, Michael added. (Bien, Michael) Modified on 12/21/2006 (Matson, R). (Entered: 12/14/2006)

PACER
51 Dec. 14, 2006

PROPOSED ORDER re 50 Opposition to Motion to Dismiss. (Bien, Michael) Modified on 12/21/2006 (Matson, R). (Entered: 12/14/2006)

PACER
52 Dec. 14, 2006

APPENDIX by Robert Hecker re 50 Plaintiffs' Memorandum of Points And Authorities In Opposition To Defendants' Motion to Dismiss Plaintiffs' Complaint and Motion to Strike Allegations" filed by Robert Hecker. (Bien, Michael) Modified on 12/21/2006 (Matson, R). (Entered: 12/14/2006)

PACER
53 Dec. 28, 2006

REQUEST for Change of Hearing Date Due to Surgery by California Department of Corrections and Rehabilitation re 49 Stipulation and Proposed Order, filed by John Wesley Williams,, Brian K Stafford,, Askia S Ashanti,, Christopher Jenkins,, Bobby Daniels,, Robert Hecker,, Peter Taylor,, Ying Watt,, Ronald Auld,, Daniel Hunley,, Joseph cox,, Eddie Thomas,, Michael Lovelace,, Quinton Gray,, Samuel D'Angelo,, John Schooley,, 38 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations filed by John Dovey,, Jeanne S. Woodford,, California Department of Corrections and Rehabilitation,, Michael Poulos,. (Franklin, Kurt) (Entered: 12/28/2006)

PACER
54 Jan. 4, 2007

REPLY to RESPONSE to MOTION 50 . Attorney Franklin, Kurt A. added. (Franklin, Kurt) Modified on 1/5/2007 (Duong, D). (Entered: 01/04/2007)

PACER
55 Jan. 4, 2007

EXHIBIT Appendix to Defendants' Reply in Support of Motion to Dismiss and Motion to Strike . (Franklin, Kurt) (Entered: 01/04/2007)

PACER
56 Jan. 9, 2007

STIPULATION and PROPOSED ORDER re 38 MOTION to DISMISS Plaintiffs' Complaint and Motion to Strike Allegations by Askia S Ashanti, Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Mueller, John Schooley, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. (Center, Claudia) (Entered: 01/09/2007)

PACER
57 Jan. 10, 2007

ORDER signed by Judge John F. Moulds on 1/9/2007 ORDERING that the hearing on dfts' motion to dismiss and to strike allegations is reset to 2/8/2007 at 11:00 a.m. in Courtroom 26 (JFM) before Magistrate Judge John F. Moulds.(Matson, R)

RECAP
58 Jan. 23, 2007

STATEMENT of Recent Decision by Plaintiffs Askia S Ashanti, Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Mueller, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. (Attachments: # 1 Exhibit A)(Center, Claudia) (Entered: 01/23/2007)

PACER
59 Jan. 31, 2007

OBJECTION to 58 Plantiffs' Statement of Recent Decision by Defendants. (Russell, Jay) Modified on 2/1/2007 (Krueger, M). (Entered: 01/31/2007)

PACER
60 Jan. 31, 2007

AMENDED OBJECTION to 58 Plaintiffs' Statement of Recent Decision by Defendants. (Russell, Jay) Modified on 2/1/2007 (Krueger, M). (Entered: 01/31/2007)

PACER
61 Feb. 8, 2007

MINUTES (Text Only) for proceedings held before Judge John F. Moulds : MOTION HEARING held on 2/8/2007 re: MOTION to DISMISS, Joinder. Supplemental brief will be considered. Arguments. Matter submitted. Order to issue.Plaintiffs Counsel Claudia Center; Michael Bien present. Defendants Counsel Jay Russell; Kurt Franklin present. Court Reporter/CD Number: CD #1. (Farnsworth, C) (Entered: 02/08/2007)

PACER
62 Feb. 12, 2007

TRANSCRIPT of Motion Hearing held on 2/8/07 before the Honorable John F. Moulds. (TEXT ONLY−Maintained on Paper) (Schultz, C) (Entered: 02/12/2007)

PACER
63 Feb. 14, 2007

STATEMENT of Recent Decision by Defendants Curry, Farber−Szekrenyi, Hernandez, Malfi, Mendoza−Powers, Poulos, Wong, Tilton, CDCR, Schwarzenegger,Woodford, & Dovey. (Franklin, Kurt) Modified on 2/15/2007 (Brown, T). (Entered: 02/14/2007)

PACER
64 Feb. 22, 2007

MOTION to COMPEL a Definite Deposition Schedule; To Compel Productions of Documents; and For a Protective Order by Askia S Ashanti, Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Mueller, John Schooley, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. Motion Hearing set for 3/15/2007 at 11:00 AM in Courtroom 25 (JFM) before Magistrate Judge John F. Moulds. (Center, Claudia) Modified on 2/26/2007 (Engbretson, K.). Modified on 2/26/2007 (Engbretson, K.). (Entered: 02/22/2007)

PACER
65 Feb. 27, 2007

FINDINGS and RECOMMENDATIONS signed by Judge John F. Moulds on 2/26/2007 recommending that this matter be referred to the special master in Coleman v. Schwarzenegger, CIV S-90-0520 LKK JFM for a report and recommendation as to whether the claims rais ed can be resolved w/in the remedial phase of that action, said report to be filed w/in 90 days from the date of any order by the district court adopting these F&R's; and this matter be stayed until said report from the Coleman special master hasbeen filed and considered by the district court. Objections to the F&R's are due w/in 10 days. (Matson, R)

Clearinghouse
66 March 13, 2007

OBJECTIONS to FINDINGS and RECOMMENDATIONS 65 by Plaintiffs. Attorney Galvan, Ernest added. (Galvan, Ernest) Modified on 3/14/2007 (Engbretson, K.). (Entered: 03/13/2007)

PACER
67 March 13, 2007

DECLARATION of Michael W. Bien in SUPPORT OF 66 Objections to Findings and Recommendations. Attorney Bien, Michael added. (Attachments: # 1 Exhibit A)(Bien, Michael) Modified on 3/14/2007 (Engbretson, K.). (Entered: 03/13/2007)

PACER
68 March 13, 2007

PROPOSED ORDER Declining to Adopted the 65 Findings and Recommendations filed by Plaintiffs. (Bien, Michael) Modified on 3/14/2007 (Engbretson, K.). (Entered: 03/13/2007)

PACER
69 March 13, 2007

WITHDRAWAL of 64 MOTION to COMPEL by Plaintiffs. (Center, Claudia) Modified on 3/14/2007 (Engbretson, K.). (Entered: 03/13/2007)

PACER
70 March 14, 2007

ORDER signed by Judge John F. Moulds on 3/13/07 ORDERING that Pltf's 64 Motion to Compel is DENIED without prejudice. (Engbretson, K.)

Clearinghouse
71 March 15, 2007

ORDER ADOPTING FINDINGS and RECOMMENDATIONS 65 signed by Judge Lawrence K. Karlton on 03/15/07 ORDERING that this matter is referred to the special master in Coleman v. Schwarzenegger,No. CIV S-90-0520 LKK JFM P for a report and recommendation as to whether the claims raised herein can be resolved within the remedial phase of that action, said report to be filed within ninety days from the date of this order. This action is stayed until said report from the Coleman special master hasbeen file d and considered by this court. The Clerk of the Court is directed to serve a copy of this order on J. Michael Keaing, Jr., Special Master in Coleman v Schwarzenegger and on the parties in the Coleman case. Case STAYED. (cc: the parties of Coleman case). (Duong, D)

Clearinghouse
April 10, 2007

Address Changed for John Wesley Williams pursuant to change of address received in 2:06−cv−1238 FCD GGH. (Duong, D) (Entered: 04/11/2007)

PACER
72 June 12, 2007

STATUS REPORT by J Michael Keating, Jr. (Attachments: # 1 Exhibit # 2 Exhibit)(Keating, Joseph) (Entered: 06/12/2007)

Clearinghouse
73 June 21, 2007

OBJECTIONS to SPECIAL MASTER'S REPORT by Plaintiffs Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Mueller, John Schooley, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. (Galvan, Ernest) Modified on 6/22/2007 (Plummer, M). (Entered: 06/21/2007)

PACER
74 June 21, 2007

DECLARATION of Ernest Galvan in SUPPORT OF re 73 Objections to Special Master's Report. (Galvan, Ernest) Modified on 6/22/2007 (Plummer, M). (Entered: 06/21/2007)

PACER
75 June 21, 2007

DECLARATION of Michael W. Bien in SUPPORT OF re 73 Objections to Special Master's report 1 Exhibits 1−4 to Bien Declaration)(Bien, Michael) Modified on 6/22/2007 (Plummer, M). (Entered: 06/21/2007)

PACER
76 June 22, 2007

RESPONSE to Plaintiffs' "Objections to Special Master's Report and Recommendation" by Michael Poulos, James E. Tilton, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. (Russell, Jay) Modified on 6/27/2007 (Mena−Sanchez, L). (Entered: 06/22/2007)

PACER
77 June 25, 2007

OPPOSITION to Defendants' Motion to Strike. (Bien, Michael) Modified on 6/27/2007 (Kirkpatrick, S). (Entered: 06/25/2007)

PACER
78 Dec. 14, 2007

MOTION for Relief From Stay to Pursue Mediation, Seek Class Certification, and Update Plaintiffs by Filing Third Amended Complaint by Askia S. Ashanti, Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Mueller, John Schooley, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. (Center, Claudia) Modified on 12/17/2007 (Carlos, K). (Entered: 12/14/2007)

Clearinghouse
79 Dec. 14, 2007

DECLARATION of Claudia Center in Support of 78 MOTION Relief From Stay to Pursue Mediation, Seek Class Certification, and Update Plaintiffs by Filing Third Amended Complaint. (Attachments: # 1 Exhibit A)(Center, Claudia) Modified on 12/17/2007 (Carlos, K). (Entered: 12/14/2007)

PACER
80 Dec. 14, 2007

REQUEST for Status Conference by Askia S. Ashanti, Ronald Auld, Joseph cox, Samuel D'Angelo, Bobby Daniels, Quinton Gray, Daniel Hunley, Michael Lovelace, John Mueller, John Schooley, Brian K Stafford, Peter Taylor, Eddie Thomas, Ying Watt, John Wesley Williams, Christopher Jenkins, Robert Hecker. (Center, Claudia) (Entered: 12/14/2007)

PACER
81 Dec. 17, 2007

NOTICE of LOCAL RULE 78−230 re* 78 ** MOTION Relief From Stay to Pursue Mediation, Seek Class Certification, and Update Plaintiffs by Filing Third Amended Complaint ** filed by Askia S. Ashanti, John Wesley Williams, John Schooley, Eddie Thomas, Quinton Gray, Peter Taylor, Ying Watt, Joseph cox, John Mueller, Robert Hecker, Daniel Hunley, Michael Lovelace, Ronald Auld, Brian K Stafford, Samuel D'Angelo, Bobby Daniels, Christopher Jenkins * on *12/14/2007* (Plummer, M) (Entered: 12/17/2007)

PACER
82 Dec. 24, 2007

MOTION for EXTENSION of TIME to FILE ANSWER Defendants' Request for Extension of Time to File an Opposition to Plaintiffs' Motion for Relief from Stay by Benjamin Curry, Peter Farber−Szekrenyi, Robert Hernandez, Anthony Malfi, Kathy Mendoza−Powers, Michael Poulos, R. K. Wong, James E. Tilton, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. Attorney Quinn, Michael James added. (Quinn, Michael) (Entered: 12/24/2007)

PACER
83 Dec. 24, 2007

[DISREGARD − REFILED, see #85] DECLARATION of Michael J. Quinn in Support of re 82 MOTION for EXTENSION of TIME to FILE ANSWER Defendants' Request for Extension of Time to File an Opposition to Plaintiffs' Motion for Relief from Stay . (Quinn, Michael) Modified on 12/26/2007 (Waggoner, D). (Entered: 12/24/2007)

PACER
84 Dec. 24, 2007

[DISREGARD − REFILED, See #86] PROPOSED ORDER re 82 MOTION for EXTENSION of TIME to FILE ANSWER Defendants' Request for Extension of Time to File an Opposition to Plaintiffs' Motion for Relief from Stay by Benjamin Curry, Peter Farber−Szekrenyi, Robert Hernandez, Anthony Malfi, Kathy Mendoza−Powers, Michael Poulos, R. K. Wong, James E. Tilton, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. (Quinn, Michael) Modified on 12/26/2007 (Waggoner, D). (Entered: 12/24/2007)

PACER
85 Dec. 24, 2007

DECLARATION of Michael J. Quinn in Support of re 82 MOTION for EXTENSION of TIME to FILE ANSWER Defendants' Request for Extension of Time to File an Opposition to Plaintiffs' Motion for Relief from Stay . (Quinn, Michael) (Entered: 12/24/2007)

PACER
86 Dec. 24, 2007

PROPOSED ORDER re 82 MOTION for EXTENSION of TIME to FILE ANSWER Defendants' Request for Extension of Time to File an Opposition to Plaintiffs' Motion for Relief from Stay by Benjamin Curry, Peter Farber−Szekrenyi, Robert Hernandez, Anthony Malfi, Kathy Mendoza−Powers, Michael Poulos, R. K. Wong, James E. Tilton, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. (Quinn, Michael) (Entered: 12/24/2007)

PACER
88 Jan. 7, 2008

DECLARATION of Michael J. Quinn in Support of 87 Response in Opposition To Plaintiffs' Motion For Relief From Stay To Pursue Mediation. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Quinn, Michael) Modified on 1/9/2008 (Engbretson, K.). (Entered: 01/07/2008)

PACER
89 Jan. 7, 2008

NOTICE of APPEARANCE by Kenneth T Roost on behalf of Teresa A. Schwartz, Peter Farber−Szekrenyi, Kathy Mendoza−Powers, James E. Tilton, California Department of Corrections and Rehabilitation, Arnold Schwarzenegger, Jeanne S. Woodford, John Dovey. Attorney Roost, Kenneth T added. (Roost, Kenneth) (Entered: 01/07/2008)

PACER
90 Jan. 10, 2008

ORDER signed by Judge John F. Moulds on 1/9/08 ORDERING dfts' request for extension of time to file an answer 82 is MOOT and DENIED. (Carlos, K)

Clearinghouse
91 Jan. 16, 2008

REPLY in SUPPORT of 78 MOTION for Relief From Stay to Pursue Mediation, Seek Class Certification, and Update Plaintiffs by Filing Third Amended Complaint. (Galvan, Ernest) Modified on 1/17/2008 (Mena−Sanchez, L). (Entered: 01/16/2008)

PACER
92 Jan. 16, 2008

REPLY DECLARATION of Ernest Galvan in SUPPORT of 78 MOTION for Relief From Stay (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E Part 1# 6 Exhibit E Part 2# 7 Exhibit F# 8 Exhibit G# 9 Exhibit H# 10 Exhibit I# 11 Exhibit J# 12 Exhibit K# 13 Exhibit L# 14 Exhibit M# 15 Exhibit N# 16 Exhibit O# 17 Exhibit P)(Galvan, Ernest) Modified on 1/17/2008 (Mena−Sanchez, L). (Entered: 01/16/2008)

PACER
93 June 28, 2012

MOTION to DISMISS as plaintiff and MOTION to proceed in pro se by Christopher Jenkins. (Benson, A.) (Entered: 06/29/2012)

PACER
94 Sept. 19, 2012

MOTION to Lift the Stay by Robert Hecker. Motion Hearing set for 10/25/2012 at 11:00 AM in 8th floor courtroom (JFM) before Magistrate Judge John F. Moulds. (Bien, Michael) (Entered: 09/19/2012)

Clearinghouse
95 Sept. 19, 2012

DECLARATION of Michael W. Bien in SUPPORT OF 94 MOTION to Lift the Stay. (Bien, Michael) (Entered: 09/19/2012)

PACER
96 Sept. 19, 2012

DECLARATION of Claudia Center in SUPPORT OF 94 MOTION to Lift the Stay. (Center, Claudia) (Entered: 09/19/2012)

PACER
97 Oct. 11, 2012

OPPOSITION by State of California Department of Corrections and Rehabilitation to 94 MOTION to Lift the Stay. (Attachments: # 1 Proof of Service proof of service)(Roost, Kenneth) (Entered: 10/11/2012)

PACER
98 Oct. 11, 2012

DECLARATION of Debbie Vorous re 97 Opposition to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Roost, Kenneth) (Entered: 10/11/2012)

PACER
99 Oct. 15, 2012

NOTICE of APPEARANCE by Kenneth T Roost on behalf of State of California Department of Corrections and Rehabilitation. (Attachments: # 1 Proof of Service)(Roost, Kenneth) (Entered: 10/15/2012)

PACER
100 Oct. 18, 2012

ORDER signed by Magistrate Judge John F. Moulds on 10/18/12 DENYING without prejudice 93 Motion to Dismiss ; Clerk of the Court is directed to serve a copy of this order on inmate Jenkins at the address on said motion. (Dillon, M)

Clearinghouse
101 Oct. 18, 2012

REPLY by Robert Hecker re 94 MOTION to Lift the Stay. Attorney Thompson, Blake added. (Thompson, Blake) (Entered: 10/18/2012)

PACER
Oct. 18, 2012

SERVICE BY MAIL: 100 Order on Motion to Dismiss served on Jenkins. (Dillon, M) (Entered: 10/18/2012)

PACER

Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 1, 2005

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Mentally disabled prisoners in California

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

California Department of Corrections

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Eastern District of California 2:05-cv-02441

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Monitoring

Monitor/Master

Reporting

Issues

General/Misc.:

Classification / placement

Disability and Disability Rights:

Mental impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Work release or work assignments

Recommended Citation