Case: Roy v. County of Yolo

2:90-cv-00393 | U.S. District Court for the Eastern District of California

Filed Date: March 29, 1990

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On March 29, 1990, prisoners at the Yolo County Jail filed a class action lawsuit in the U.S. District Court for the Eastern District of California against the County of Yolo and the County Sheriff. The plaintiffs, represented by the Prisoner Rights Union and private counsel, filed suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief.On July 2, 1990, the District Court (Senior Judge Milton L. Schwartz) c…

On March 29, 1990, prisoners at the Yolo County Jail filed a class action lawsuit in the U.S. District Court for the Eastern District of California against the County of Yolo and the County Sheriff. The plaintiffs, represented by the Prisoner Rights Union and private counsel, filed suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief.

On July 2, 1990, the District Court (Senior Judge Milton L. Schwartz) certified the case as a class action on behalf of all prisoners in the Yolo County Jail as of the day of filing and set the terms for a preliminary injunction, the content of which is unclear form the docket. It is likely that the decree included some measures relating to jail population.

On July 16, 1991, the parties lodged a consent decree with the Court for its approval, and on December 11, 1991, the Court (Magistrate Judge John F. Moulds) approved the decree and dismissed the case. The content of this decree, too, is unfortunately unclear from the docket. According to the 2008-2009 Yolo County Grand Jury Final Report, pg. 11-12, the decree required that each inmate housed at the facility has an assigned bed and thereby limits the number of inmates that can be housed to the number of beds.

On February 11, 1992, the Court (Magistrate Judge Moulds) awarded the plaintiffs $42,150.99 in attorneys' fees and costs. Five years later, on August 25, 1997, the Court (Magistrate Judge Moulds) issued an order regarding modification of the consent decree, the content of which is again unknown. No further substantive entries appear on the docket, and as of the time of this writing we have no further information on this case.

Summary Authors

Christopher Schad (8/27/2012)

Samantha Kirby (10/25/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29715507/parties/pc-roy-v-yolo-county-of/


Judge(s)

Moulds, John F. (California)

Attorneys(s) for Plaintiff

Comiskey, Paul Wayne (California)

Herman, Richard P. (California)

Persons, Paul Turner (California)

Stormer, Dan Lewis (California)

Attorneys(s) for Defendant

Mack, Charles R. (California)

Stoltz, Elizabeth A. (California)

Judge(s)

Moulds, John F. (California)

Attorneys(s) for Plaintiff

Comiskey, Paul Wayne (California)

Herman, Richard P. (California)

Persons, Paul Turner (California)

Stormer, Dan Lewis (California)

Attorneys(s) for Defendant

Mack, Charles R. (California)

Stoltz, Elizabeth A. (California)

Documents in the Clearinghouse

Document

2:90-cv-00393

Docket (PACER)

Sept. 2, 1997

Sept. 2, 1997

Docket

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29715507/pc-roy-v-yolo-county-of/

Last updated June 2, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
5

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : defts to 6/17/90 to file appr in action and to 5/31/90 to resp to req for prod of docs. (cc: all counsel) (old) (Entered: 05/24/1990)

May 15, 1990

May 15, 1990

PACER
6

PROOF OF SERVICE by defendant of stipulation [5-1] (old) (Entered: 05/29/1990)

May 23, 1990

May 23, 1990

PACER
7

LETTER to JFM fr County Counsel, Charles Mack re proposed stip and ord (amd) w/corrections in paragraphs 2 and 11. (old) (Entered: 06/12/1990)

June 7, 1990

June 7, 1990

PACER
8

ANSWER by defendant Yolo County of, defendant Gary E Lipert (old) (Entered: 06/18/1990)

June 15, 1990

June 15, 1990

PACER
9

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : this lawsuit is certified as a class action on behalf of all prisoners in the Yolo County Jail as of 3/29/90 and sets terms of this preliminary injunction.(cc: all counsel) (old) (Entered: 07/03/1990)

July 2, 1990

July 2, 1990

PACER
10

PROOF OF SERVICE by plaintiff of stipulation [9-1] (old) (Entered: 07/23/1990)

July 23, 1990

July 23, 1990

PACER
11

NOTICE by plaintiff of Change of law firm; Litt and Stormer a law partnership is now Litt and Stormer a law corporation as of 1/1/91 (kh) (Entered: 02/07/1991)

Jan. 31, 1991

Jan. 31, 1991

PACER
12

ORDER by Magistrate John F Moulds NOTIFYING PARTIES that a Scheduling conf is scheduled for 5/16/91 at 9:00 am in ct rm 6 (cc: all counsel) (kh) (Entered: 04/03/1991)

April 3, 1991

April 3, 1991

PACER
13

CIVIL MINUTES of Cts STATUS CONFERENCE Scheduling conf HELD, Parties read on the record a decree of settlement (kh) (Entered: 05/20/1991)

May 16, 1991

May 16, 1991

PACER

LODGED Consent Decree by plaintiff's (kh)

July 16, 1991

July 16, 1991

PACER
14

APPLICATION by plaintiffs for preliminary approval of consent decree, notice to class, and settlement hearing (kh) (Entered: 09/25/1991)

Sept. 24, 1991

Sept. 24, 1991

PACER

LODGED Order Granting preliminary approval of consent decree and setting for settlement hearing (kh)

Sept. 24, 1991

Sept. 24, 1991

PACER

LODGED Notice of Settlement Hearing (kh)

Sept. 25, 1991

Sept. 25, 1991

PACER
15

COURT NOTICE of hearing by Honorable David F Levi ORDERING: hearing to approve Settlement SET FOR 11/21/91 at 2:00pm in crtrm 3 ( cc: all counsel) (kh) (Entered: 10/16/1991)

Oct. 16, 1991

Oct. 16, 1991

PACER

Text not available.

Oct. 16, 1991

Oct. 16, 1991

PACER
16

ORDER by Honorable David F Levi ORDERING: preliminary approval of consent decree (cc: all counsel) (kh) (Entered: 10/16/1991)

Oct. 16, 1991

Oct. 16, 1991

PACER

LODGED Referral of Action to the magistrate (kh)

Oct. 30, 1991

Oct. 30, 1991

PACER
17

ORDER by Honorable David F. Levi stipulating to the referral of this action to JOHN F. MOULDS (cc: all counsel) (old) (Entered: 11/08/1991)

Nov. 8, 1991

Nov. 8, 1991

PACER
18

ORDER by Honorable Lawrence K. Karlton Case reassigned to Judge John F. Moulds, Case referred is vacted (cc: all counsel) (old) (Entered: 11/08/1991)

Nov. 8, 1991

Nov. 8, 1991

PACER
19

COURT NOTICE of hearing ORDERING: Settlement conference set for 11/21/91 is VACATED pursuant to REASSIGNMENT of action ( cc: all counsel) (kh) (Entered: 11/13/1991)

Nov. 12, 1991

Nov. 12, 1991

PACER

LODGED Substitution of Attorney for pltfs (old)

Nov. 21, 1991

Nov. 21, 1991

PACER
20

ORDER by Judge John F. Moulds granting lodged [0-1] withdrawing attorney Dan Lewis Stormer for Henry Purcell, attorney Dan Lewis Stormer for Henry Purcell, attorney Dan Lewis Stormer for Vincent Crew, attorney Dan Lewis Stormer for Vincent Crew and substituting attorney Dan Lewis Stormer at Hadsell and Stormer (cc: all counsel) (old) (Entered: 12/03/1991)

Dec. 3, 1991

Dec. 3, 1991

PACER
21

ORDER by Judge John F. Moulds granting lodged Consent Decree of 7/16/91 and dismissing case (cc: all counsel) (old) (Entered: 12/03/1991)

Dec. 3, 1991

Dec. 3, 1991

PACER
22

PROPOSED BILL OF COSTS taxed for plaintiff in the amount of $ 120.00 against defendant (cc: all counsel) FINAL BILL OF COSTS: No corrections to proposed bill of costs (cc: all counsel) (old) Modified on 01/08/1992 (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

PACER
23

NOTICE OF MOTION AND MOTION by plaintiffs for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 (old) (Entered: 12/23/1991)

Dec. 23, 1991

Dec. 23, 1991

PACER
24

MEMORANDUM by plaintiffs in support of motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) (Entered: 12/23/1991)

Dec. 23, 1991

Dec. 23, 1991

PACER
25

DECLARATIONS and EXHIBITS in support of motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) (Entered: 12/23/1991)

Dec. 23, 1991

Dec. 23, 1991

PACER
26

SUPPLEMENTAL EXHIBITS by plaintiffs in support of motion for attys fees 23 - Volumen 1 (old) (Entered: 12/23/1991)

Dec. 23, 1991

Dec. 23, 1991

PACER
27

SUPPLEMENTAL EXHIBITS by plaintiffs in support of motion for attys fees - volume 2 (old) (Entered: 12/23/1991)

Dec. 23, 1991

Dec. 23, 1991

PACER
28

RESPONSE by defendants to pltf's motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) (Entered: 01/10/1992)

Jan. 9, 1992

Jan. 9, 1992

PACER
29

MINUTE ORDER setting hearing on motion for attorney fees, costs and expenses [23-1] for 9:00 on 2/6/92 (cc: all counsel) (old) Modified on 02/11/1992 (Entered: 01/10/1992)

Jan. 10, 1992

Jan. 10, 1992

PACER
30

REPLY by plaintiff to response to motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) Modified on 02/11/1992 (Entered: 01/30/1992)

Jan. 29, 1992

Jan. 29, 1992

PACER
31

MINUTES that the motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] is submitted; order to be prepared by the court (old) Modified on 02/11/1992 (Entered: 02/10/1992)

Feb. 6, 1992

Feb. 6, 1992

PACER

LODGED order awarding attorney's fees, costs, and expenses - NOT TO BE SIGNED 2/13/92 (old) Modified on 02/19/1992

Feb. 6, 1992

Feb. 6, 1992

PACER
32

ORDER by Judge John F. Moulds granting motion for attorney fees, costs and expenses [23-1]; Pltfs' counsel is awarded $41,605.00 in atty's fees and $545.00 in costs for a total award of $42,150.99; within 10 days of the date of this order pltfs' counsel may renew their request for fees and costs incurred in connection with the fees motion by filing declarations with accompanying time records to reflect hours spent on the fees motion. Failure to file may be deemed a waiver of any such fees. Defense counsel may respon d to any declarations filed by pltfs' counsel within ten days of service. The matter will be submitted for decision without further hearing. (cc: all counsel) (old) (Entered: 02/11/1992)

Feb. 11, 1992

Feb. 11, 1992

PACER
33

NOTICE of receipt for payment of attorney's fees and costs by plaintiffs' counsel (old) (Entered: 02/27/1992)

Feb. 27, 1992

Feb. 27, 1992

PACER
36

MOTION for consent decree by defendant Yolo County Motion Hearing Set 8/14/97 (old) (Entered: 10/21/1997)

Jan. 30, 1997

Jan. 30, 1997

PACER
34

ORDER by Magistrate Judge John F. Moulds; ORDERING re modifying consent decree [21-2] (cc: all counsel) (old) (Entered: 08/25/1997)

Aug. 25, 1997

Aug. 25, 1997

PACER
35

MAIL returned "Order [34-1]" addressed to Richard Herman marked fowarding expired (old) (Entered: 09/03/1997)

Sept. 2, 1997

Sept. 2, 1997

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: March 29, 1990

Closing Date: 1991

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All prisoners at the Yolo County Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Hadsell, Stormer & Renick

Prisoners Rights Union

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Yolo (Yolo), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

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: 1990 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Type of Facility:

Government-run