Case: Cherco v. County of Sonoma

3:80-cv-00334 | U.S. District Court for the Northern District of California

Filed Date: Feb. 8, 1980

Closed Date: 1994

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Case Summary

On February 8, 1980, prisoners at the Sonoma County Jail in Santa Rosa filed a class action lawsuit in the U.S. District Court for the Northern District of California, San Francisco Division, against the County of Sonoma. The plaintiffs brought suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief. We have limited documentation of this case - only the docket is available to us, and it does not include en…

The District Court appointed Thomas Lonergan as a monitor for this case in December 1982 and he served in that capacity until the Court dismissed the case in June 1994. Madrid v. Gomez, 889 F. Supp. 1146, 1282 n.231 (N.D. Cal. 1995).

In 1985, the parties reached a settlement. Lynn J. Lund, Mark J. Morrise & Alton Jordan, Nat'l Inst. of Corr., 136 Nebraska Jail Bulletin 9 (1997), available at http://www.ncc.ne.gov/pdf/jail_standards/jail_bulletins/136.pdf. It covered, among other things, disciplinary actions, classification decisions, medical treatment, mental health services (including use of force by staff, suicides, attempt suicides, and in-custody deaths), recreation, general living conditions, and adequacy of food, with the monitor tasked with ensuring compliance. Curricula Vitae of Patrick T. Maher, available at http://ca-sanbernardinoschools.civicplus.com/archives/152/June%2008%202011%20Agenda%20package.pdf. The Court also awarded the plaintiffs $2,000,000 in attorneys' fees. Lund et al., supra, at 9.

The docket informs us that construction of a new jail was also a part of the litigation: on August 14, 1991, the Court (Judge Thelton E. Henderson) ordered the County to complete occupation of the new jail by October 18 of that year or be fined $8,000 per day of lateness. The Court also issued an order regarding double celling, but the exact content of that order is unclear from the docket.

On June 22, 1994, the Court (Judge Henderson) dismissed the case with prejudice and declared all prior orders and judgments to be of no further effect, presumably because a new jail had been constructed and occupied.

Summary Authors

Christopher Schad (8/21/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9232706/parties/cherco-v-sonoma-county/

Judge(s)

Henderson, Thelton Eugene (California)

Attorney for Defendant

Bolton, Bennett E. (California)

Sykes, Jeffrey A. (California)

Expert/Monitor/Master/Other

Grove, Jesse B. (California)

Niece, William Samuel (California)

Judge(s)

Henderson, Thelton Eugene (California)

Attorney for Defendant

Bolton, Bennett E. (California)

Sykes, Jeffrey A. (California)

Wulfsberg, Harold James (California)

Other

Grove, Jesse B. (California)

Niece, William Samuel (California)

Wiezel, James Peter (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:80-cv-00334	Docket (PACER) Cherco v. Sonoma County	July 22, 1994	July 22, 1994 Docket

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/9232706/cherco-v-sonoma-county/

Last updated Sept. 17, 2026, 1:26 p.m.

Docket for: Cherco v. Sonoma County

ECF Number	Date	Description	Link
1	Feb. 8, 1980	COMPLAINT (Summons(es) issued) (dm, COURT STAFF) (Entered: 12/07/1990)	PACER
885	Dec. 6, 1990	ORDER by Judge Thelton E. Henderson that the order of 11/1/90 be modified. See file for exaxt text change.(cc: all counsel) (dm, COURT STAFF) (Entered: 12/07/1990)	PACER
886	Dec. 11, 1990	MOTION by defendant Sonoma County for association in of counsel (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
	Dec. 11, 1990	RECEIVED order to associate in counsel submitted by defendant Sonoma County re: [886−1] (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
887	Dec. 12, 1990	MOTION by defendant Sonoma County for protective order , and and settlement agreement and enforcement of protective order with Notice set for 1/14/91 @ 10:00 (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
888	Dec. 12, 1990	MEMORANDUM by defendant Sonoma County in support of motion for protective order [887−1], of motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
889	Dec. 12, 1990	DECLARATION of Neil Baker by defendant Sonoma County re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
890	Dec. 12, 1990	DECLARATION E. Bennett Bolton by defendant Sonoma County re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
891	Dec. 12, 1990	REQUEST by defendant Sonoma County for judicial notice (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
892	Dec. 12, 1990	NOTICE by defendant Sonoma County of association of attorney James H. Wulfsberg, Jeffrey A. Sykes, Cindy Lee, Bennett E. Bolton (dm, COURT STAFF) (Entered: 12/13/1990)	PACER
	Dec. 12, 1990	RECEIVED proposed order submitted by defendant Sonoma County re: [887−1], re: [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)	PACER
893	Dec. 13, 1990	AMENDED PROOF OF SERVICE by defendant Sonoma County of motion for interpretation, mem in support, application to ass. in counsel, decl of Neil Baker, request for judicial notice, decl of E, Bennett Bolton, propposed order, order ass counsel. (dm, COURT STAFF) (Entered: 12/14/1990)	PACER
894	Dec. 18, 1990	MOTION to intervene filed by Dillingham Construction (dm, COURT STAFF) (Entered: 12/18/1990)	PACER
895	Dec. 18, 1990	DECLARATION of James P. Wiezel by intervenor Dillingham Construct motion to intervene re motion to intervene [894−1] (dm, COURT STAFF) (Entered: 12/18/1990)	PACER
	Dec. 18, 1990	RECEIVED complaint by intervenor submitted by intervenor Dillingham Construct (dm, COURT STAFF) (Entered: 12/18/1990)	PACER
	Dec. 18, 1990	RECEIVED order permitting intervention submitted by intervenor Dillingham Construct motion to intervene re: [894−1] (dm, COURT STAFF) (Entered: 12/18/1990)	PACER
896	Dec. 19, 1990	ORDER by Judge Thelton E. Henderson granting motion to intervene [894−1] ; All motions hrg 1/14/90 re motion for interpretation and enforcement of protective order by county of sonoma. (cc: all counsel) (dm, COURT STAFF) (Entered: 12/21/1990)	PACER
897	Dec. 21, 1990	PROOF OF SERVICE by intervenor Dillingham Construct of complaint in intervention (dm, COURT STAFF) (Entered: 12/26/1990)	PACER
899	Dec. 28, 1990	DECLARATION of James P. Wiezel, in opposition, by intervenor Dillingham Construct re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/04/1991)	PACER
900	Dec. 28, 1990	BRIEF FILED, in opposition, by intervenor Dillingham Construct regarding motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/04/1991)	PACER
901	Jan. 4, 1991	LETTER dated 1/4/91 with two corrected pages of brief of Intervenor Dillingham Construction in opposition to motion for interpretation and enforcement (dm, COURT STAFF) (Entered: 01/08/1991)	PACER
902	Jan. 7, 1991	REPLY MEMORANDUM by defendant Sonoma County in support of motion for protective order [887−1], of motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/08/1991)	PACER
903	Jan. 7, 1991	SUPPLEMENTAL DECLARATION of E. Bennett Bolton by defendant Sonoma County re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/08/1991)	PACER
904	Jan. 10, 1991	AMENDED PROOF OF SERVICE by defendant Sonoma County of reply memorandum and supplemental declaration (dm, COURT STAFF) Modified on 01/11/1991 (Entered: 01/11/1991)	PACER
905	Jan. 18, 1991	ORDER by Judge Thelton E. Henderson granting motion for protective order [887−1] denying motion and settlement agreement and enforcement of protective order [887−2] (cc: all counsel) (dm, COURT STAFF) (Entered: 01/22/1991)	PACER
906	Aug. 14, 1991	ORDER by Chief Judge Thelton E. Henderson that defendants shall complete occupation of the new jail by 10/18/91 or be fined $8,000.00 per day. Defendants shall commence plainning of the MADF expansion forthwith. ( Date Entered: 8/15/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 08/15/1991)	PACER
907	Nov. 4, 1991	ORDER by Judge Thelton E. Henderson notifying parties of Court's intention to extend its jurisdiction until the new pod is completed. ( Date Entered: 11/5/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 11/05/1991)	PACER
908	Nov. 4, 1991	ORDER by Judge Thelton E. Henderson cancelling all federal release orders( Date Entered: 11/5/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 11/05/1991)	PACER
909	Nov. 27, 1991	DECLARATION by Mark Ihde on behalf of defendants re occupancy of main adult detention facility (dm, COURT STAFF) (Entered: 12/02/1991)	PACER
910	Dec. 16, 1991	ORDER by Judge Thelton E. Henderson Cases C−80−0334 TEH, C−91−2814 CAL and C−91−2815 CAL are related ; Cases C−91−2814 and C−91−2815 are reassigned to Judge Thelton E. Henderson ( Date Entered: 12/17/91) (cc: all counsel) (mp, COURT STAFF) (Entered: 12/17/1991)	PACER
911	Dec. 20, 1991	MAIL [910−1] addressed to Chris Tarkington returned from Post Office (ab, COURT STAFF) (Entered: 12/23/1991)	PACER
912	Jan. 27, 1992	ORDER: Cases C82−3767 TEH and C91−3227 TEH are related ( Date Entered: 1/28/92) (cc: all counsel) (ab, COURT STAFF) (Entered: 01/28/1992)	PACER
913	May 22, 1992	STATUS REPORT by defendant Sonoma County (ab, COURT STAFF) (Entered: 05/22/1992)	PACER
914	Sept. 9, 1992	STATUS REPORT by defendant Sonoma County (ab, COURT STAFF) (Entered: 09/10/1992)	PACER
915	Feb. 2, 1993	ORDER by Judge Thelton E. Henderson for parties to file a written response, including any objections, tothe Monitor's recomendantion and the experts report ( Date Entered: 2/4/93) (cc: all counsel) (mq, COURT STAFF) (Entered: 02/04/1993)	PACER
917	Feb. 23, 1993	RESPONSE by Sonoma County to Monitor's recomendations (mq, COURT STAFF) (Entered: 03/01/1993)	PACER
918	April 1, 1993	ORDER by Judge Thelton E. Henderson that the monitor's recommendations are adopted. see copy of order for details (mq, COURT STAFF) (Entered: 04/07/1993)	PACER
919	May 14, 1993	LETTER dated 4/30/93 Dee Schilling to Judge Henderson re:Court's order of 4/1/93. (mq, COURT STAFF) (Entered: 05/19/1993)	PACER
920	May 14, 1993	ORDER by Judge Thelton E. Henderson the court will hear argument on other issues raised in the parties written responses to the Monitor's recomendation of 1/26/93, if the parties wish to address those issues. motions will be heard by 10:00 6/7/93 ; ( Date Entered: 5/19/93) (cc: all counsel) (mq, COURT STAFF) (Entered: 05/19/1993)	PACER
921	Aug. 4, 1993	ORDER by Judge Thelton E. Henderson that the court's 4/1/93 order is modified and the court's extended jurisdiction over the limited issue of double celling will end on 7/15/94 (cc: all counsel) [see order for more info.] (tn, COURT STAFF) (Entered: 08/09/1993)	PACER
922	July 22, 1994	JUDGMENT: by Judge Thelton E. Henderson that the case is dismissed with prejudice and all prior orders and judgments are of no further effect; each party is to bear its own costs to the extent not previously reimbursed (Date Entered: 7/27/94) (cc: all counsel) [3:80−cv−00334] (tn, COURT STAFF) (Entered: 07/27/1994)	PACER