Case: Kinale v. Dowe

3:73-00374 | U.S. District Court for the Southern District of California

Filed Date: Sept. 6, 1973

Closed Date: April 30, 1974

Clearinghouse coding complete

Case Summary

In 1973, prisoners in the San Diego County jail system filed a class action lawsuit in the U.S. District Court for the Southern District of California, challenging their conditions of confinement. The plaintiffs, represented by California Indian Legal Services and the Native American Rights Fund, alleged among other things that they were being denied access to their mail and to counsel, subjected to discipline without due process, provided with inadequate exercise and unsanitary clothing and c…

In 1973, prisoners in the San Diego County jail system filed a class action lawsuit in the U.S. District Court for the Southern District of California, challenging their conditions of confinement. The plaintiffs, represented by California Indian Legal Services and the Native American Rights Fund, alleged among other things that they were being denied access to their mail and to counsel, subjected to discipline without due process, provided with inadequate exercise and unsanitary clothing and conditions, and being kept in overcrowded facilities. They sought declaratory and injunctive relief.

On October 29, 1973, the District Court granted a preliminary injunction. The injunction restrained prison officials from interfering with prisoner mail unless they could prove it was being used to smuggle contraband and required them to implement due process protections in their disciplinary procedure, segregate pre-trial detainees from other prisoners per California law, and allow plaintiffs' attorneys access to their clients in private.

On April 30, 1974, the parties settled, and the County agreed to a population cap and other measures to prevent overcrowding, as well as an improvement in sanitation (including provision of fresh clothing and linens) and an increase in outdoor exercise opportunities.

As of the time of this writing, we have no further information about the case.

Summary Authors

Christopher Schad (8/16/2012)


Attorneys(s) for Plaintiff

Albu, Ronald (California)

Echohawk, John (Colorado)

Fix, Barbara (California)

Greene, Bruce (California)

Haber, Roy (Colorado)

Lamb, William (California)

Attorneys(s) for Plaintiff

Albu, Ronald (California)

Echohawk, John (Colorado)

Fix, Barbara (California)

Greene, Bruce (California)

Haber, Roy (Colorado)

Lamb, William (California)

Documents in the Clearinghouse

Document

3:73-00374

Court Grants Preliminary Injunction (7 Clearinghouse Review 501-02)

No Court

Dec. 1, 1973

Dec. 1, 1973

Press Release

3:73-00374

County Agrees to Upgrade Facilities (8 Clearinghouse Review 216)

No Court

July 1, 1974

July 1, 1974

Press Release

Resources

Docket

Last updated May 30, 2022, 3:14 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: Sept. 6, 1973

Closing Date: April 30, 1974

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

prisoners at the San Diego County Jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of San Diego (San Diego), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1973 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Disciplinary procedures

Mail

Recreation / Exercise

Sanitation / living conditions

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Type of Facility:

Government-run