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

Clearinghouse coding complete

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, PC-CA-0002 in this Clearinghouse, 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. Brown, 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)

Karlton, Lawrence K. (California)

Moulds, John F. (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Bossing, Lewis (California)

Center, Claudia B. (California)

Nolan, Thomas Bengt (California)

Thompson, Blake (California)

Whelan, Amy E. (California)

Judge(s)

Drozd, Dale Alan (California)

Karlton, Lawrence K. (California)

Moulds, John F. (California)

Mueller, Kimberly Jo (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Bossing, Lewis (California)

Center, Claudia B. (California)

Nolan, Thomas Bengt (California)

Thompson, Blake (California)

Whelan, Amy E. (California)

Attorneys(s) for Defendant

Franklin, Kurt A. (California)

Harris, Kamala D. (California)

Jacob, Renju Palanilkumuryil (California)

Liu, Dorothy S. (California)

Nayeri, Sahar (California)

Quinn, Michael James (California)

Roost, Kenneth (California)

Russell, Jay C. (California)

Expert/Monitor/Master

Brown, Edmund G. Jr. (California)

Galvan, Ernest (California)

Keating, J. Michael Jr. (Rhode Island)

Lopes, Matthew (Rhode Island)

Tillman, Lisa Anne (California)

Documents in the Clearinghouse

Document

Docket [PACER]

March 2, 2015 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

Hecker v. California Department of Corrections and Rehabilitation

Dec. 1, 2005 Complaint
12

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Hecker v. California Department of Corrections and Rehabilitation

Feb. 23, 2006 Complaint
14

Order

Hecker v. California Department of Corrections and Rehabilitation

May 2, 2006 Order/Opinion
29

Joint Stipulation and Order

Hecker v. California Department of Corrections and Rehabilitation

Sept. 14, 2006 Order/Opinion
35

Second Amended Class Action Complaint for Declaratory and Injunctive Relief

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

Oct. 20, 2006 Complaint
65

Findings and Recommendations

Hecker v. California Department of Corrections and Rehabilitation

Feb. 27, 2007 Magistrate Report/Recommendation
70

Order

Hecker v. California Department of Corrections and Rehabilitation

March 14, 2007 Order/Opinion
71

Order

Hecker v. California Department of Corrections and Rehabilitation

2007 WL 836806

March 15, 2007 Order/Opinion
72

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

Hecker v. Schwarzenegger

June 12, 2007 Monitor/Expert/Receiver Report

Docket

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

Last updated May 20, 2022, 2:44 a.m.

ECF Number Description Date Link
1

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

Dec. 1, 2005
15

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)

May 4, 2006 RECAP
3

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

Dec. 2, 2005
17

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)

June 14, 2006 RECAP
4

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

Dec. 2, 2005
29

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).

Sept. 14, 2006 RECAP
57

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)

Jan. 10, 2007 RECAP

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

Dec. 5, 2005
5

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)

Dec. 5, 2005
65

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)

Feb. 27, 2007 RECAP
70

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.)

March 14, 2007 RECAP
6

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)

Dec. 5, 2005
71

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)

March 15, 2007 RECAP
7

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

Dec. 5, 2005
8

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

Dec. 13, 2005
90

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)

Jan. 10, 2008 RECAP
100

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)

Oct. 18, 2012 RECAP
9

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

Dec. 27, 2005
102

ORDER signed by Magistrate Judge John F. Moulds on 10/18/12 ordering plaintiff's 12/14/07 motion 78 is superseded by plaintiff's 09/19/12 motion 94 . The meet and confer process required by this order shall be completed by 02/15/13. Pl aintiff's 09/19/12 motion to lift the stay of this action 94 is denied without prejudice to its renewal, as appropriate, not later than 03/01/13. The clerk of the court is directed to serve a copy of this order on Matthew A. Lopes Jr., Esq., Pannone Lopes & Devereaux LLC, 317 Iron Horse Way, Suite 301, Providence RI 02908. (Copy of this order mailed to Matthew A. Lopes Jr. Esq. at the address listed above)(Plummer, M) Modified on 10/19/2012 (Plummer, M).

Oct. 19, 2012 RECAP
10

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)

Jan. 5, 2006
11

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)

Jan. 10, 2006
107

ORDER signed by Magistrate Judge Dale A. Drozd on 4/11/13 ORDERING that The parties shall resume the meet and confer process required by the courtsOctober 19, 2012 order 102 ; The meet and confer process required by this order shall be completed by August 16, 2013. Plaintiffs March 1, 2013 motion for relief from stay 103 is DENIED without prejudice to its renewal, as appropriate, not later than September 5, 2013. The hearing set for April 19, 2013 before the undersigned is dropped from calendar. The Clerk of the Court is directed to serve a copy of this order on Matthew A. Lopes, Jr., Esq.(Dillon, M)

April 13, 2013 RECAP
109

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 09/13/13 ordering that the parties hereby stipulatioe to the extending of any deadline for plaintiff's to renew their motion to lift the stay until 12/31/13. (Plummer, M)

Sept. 17, 2013 RECAP
12

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)

Feb. 23, 2006
14

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)

May 2, 2006
113

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 1/2/2014 GRANTING 110 that the parties stipulate to the extending of any deadline for Plaintiffs to renew their motion to lift the stay until 2/28/2014. (Reader, L)

Jan. 3, 2014 RECAP
116

STIPULATION and ORDER extending deadline for Plaintiffs to renew their motion to lift the stay until March 14, 2014 signed by Magistrate Judge Dale A. Drozd on 3/4/14. (Kaminski, H)

March 4, 2014 RECAP
16

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)

June 1, 2006
119

STIPULATION and ORDER signed by Magistrate Judge Dale A. Drozd on 05/05/14 ordering the parties hereby stipulate to the extending of any deadline for plaintiff's to renew their motion to lift the stay until 06/06/14. (Plummer, M)

May 5, 2014 RECAP
122

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 6/10/2014 ORDERING that a Status Conference is set for 7/10/2014 at 01:30 PM in Courtroom 4 (LKK) before Judge Lawrence K. Karlton. (Zignago, K.)

June 10, 2014 RECAP
18

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)

June 26, 2006
125

ORDER signed by Judge Lawrence K. Karlton on 8/7/2014 GRANTING 124 Motion for Preliminary Approval of Settlement Agreement; VACATING the Status Conference set for 8/8/2014. (Michel, G)

Aug. 7, 2014 RECAP
19

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)

Aug. 8, 2006
133

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 12/3/2014 GRANTING Leave to file proposed order on Joint Motion for Final Approval of Settlement. (Donati, J)

Dec. 4, 2014 RECAP
137

ORDER to SHOW CAUSE signed by Judge Kimberly J. Mueller on 12/19/14 ORDERING that on or before 1/15/2015, the parties shall show cause in writing why the notice to the Hecker class should not be posted forthwith in all inpatient program units in whi ch members of the Coleman class are housed or, in the alternative, certify by declaration that such notice has been posted. On or before 1/23/15, the parties shall file in this action and in Coleman v. Brown an agreed revised notice to the Coleman c lass. On or before 1/15/15, 2015, Plaintiffs shall either request voluntary dismissal of named Plaintiffs Robert Hecker, Christopher Lee Jenkins, Ying Watt, Askia Ashanti, Daniel Hunley, Michael Lovelace, Samuel D'Angelo, Jr., and Jon Schooley or show cause in writing why said Plaintiffs should not be dismissed from this action. In addition, by the same date Plaintiffs shall clarify whether named Plaintiffs John Mueller and Quinton Gray are currently incarcerated. (Mena-Sanchez, L)

Dec. 22, 2014 RECAP
20

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)

Aug. 8, 2006
141

ORDER signed by Judge Kimberly J. Mueller on 1/15/2015 ORDERING counsel for defendants to confirm that a copy of the proposed settlement agreement is available in any and all law libraries at California State Prison - Lancaster; REFERRING 138 Letter to counsel for such further response, if any, as counsel may deem appropriate; DIRECTING the Clerk of Court to serve a copy of this order on Kenneth Lamont Doxie, T-55895, at California State Prison - Lancaster. (Michel, G)

Jan. 16, 2015 RECAP
21

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)

Aug. 14, 2006
22

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

Aug. 14, 2006
143

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 1/16/2015 ORDERING 139 that Plaintiffs Daniel Hunley, Christopher Jenkins, Michael Lovelace, John Schooley, Peter Taylor, Eddie Thomas, Ying Watt, Joseph Cox, Samuel D'Angelo and Robert Hecker, are no longer incarcerated in CDCR prisons and should be voluntarily dismissed; the Court hereby DISMISSES the claims of plaintiffs without prejudice. (Reader, L)

Jan. 16, 2015 RECAP
144

ORDER signed by Judge Kimberly J. Mueller on 1/16/15: The modified notice attached as Attachment A to the Declaration of Jay C. Russell (ECF No. 140) is approved. Not later than January 22, 2015, defendants shall post the modified notice approved by this order in all inpatient mental health units operated by the California Department of Corrections and Rehabilitation (CDCR) and the Department of State Hospitals (DSH) in whichclass members may be housed and shall file written certification that said notice has been posted. (Kaminski, H)

Jan. 16, 2015 RECAP
23

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

Aug. 14, 2006
148

ORDER for FINAL APPROVAL OF SETTLEMENT AGREEMENT signed by Judge Kimberly J. Mueller on 3/2/15. (Dillon, M) (Additional attachment(s) added on 3/2/2015: # 1 Exhibit A, # 2 Exhibit B) (Donati, J).

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

March 2, 2015 RECAP
24

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

Aug. 14, 2006
25

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

Aug. 31, 2006
26

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

Aug. 31, 2006
28

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)

Sept. 12, 2006
30

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)

Sept. 29, 2006
31

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)

Oct. 6, 2006
32

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)

Oct. 13, 2006
33

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)

Oct. 13, 2006
34

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)

Oct. 13, 2006
35

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)

Oct. 20, 2006
36

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)

Nov. 6, 2006
37

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)

Nov. 14, 2006
38

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)

Nov. 17, 2006
39

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)

Nov. 17, 2006
41

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)

Nov. 17, 2006
42

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)

Nov. 17, 2006
43

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)

Nov. 20, 2006

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

Nov. 20, 2006
44

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)

Nov. 20, 2006
45

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)

Nov. 27, 2006
46

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)

Nov. 27, 2006
47

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

Nov. 30, 2006
48

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)

Nov. 30, 2006
49

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)

Dec. 1, 2006
50

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)

Dec. 14, 2006
51

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

Dec. 14, 2006
52

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)

Dec. 14, 2006
53

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)

Dec. 28, 2006
54

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

Jan. 4, 2007
55

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

Jan. 4, 2007
56

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)

Jan. 9, 2007
58

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)

Jan. 23, 2007
59

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

Jan. 31, 2007
60

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

Jan. 31, 2007
61

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)

Feb. 8, 2007
62

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)

Feb. 12, 2007
63

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)

Feb. 14, 2007
64

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)

Feb. 22, 2007
66

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)

March 13, 2007
67

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)

March 13, 2007
68

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)

March 13, 2007
69

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

March 13, 2007
72

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

June 12, 2007
73

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)

June 21, 2007
74

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)

June 21, 2007
75

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)

June 21, 2007
76

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)

June 22, 2007
77

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

June 25, 2007
78

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)

Dec. 14, 2007
79

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)

Dec. 14, 2007
80

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)

Dec. 14, 2007
81

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)

Dec. 17, 2007
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. Attorney Quinn, Michael James added. (Quinn, Michael) (Entered: 12/24/2007)

Dec. 24, 2007
83

[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)

Dec. 24, 2007
84

[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)

Dec. 24, 2007
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) (Entered: 12/24/2007)

Dec. 24, 2007
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) (Entered: 12/24/2007)

Dec. 24, 2007

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

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:

Rosen, Bien, Galvan & Grunfeld

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections, State

Defendant Type(s):

Corrections

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

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

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

Content of Injunction:

Reporting

Develop anti-discrimination policy

Monitor/Master

Monitoring

Issues

General:

Classification / placement

Work release or work assignments

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Type of Facility:

Government-run