Case: Thomas v. Ponder

3:06-cv-03581 | U.S. District Court for the Northern District of California

Filed Date: June 5, 2006

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On June 05, 2006, a California prisoner incarcerated at Centinela State Prison, proceeding pro-se, filed a lawsuit in the United States District Court for the Northern District of California against the warden and two correctional officers, alleging violation of the plaintiff's constitutional rights under 42 U.S.C. Section 1983. The plaintiff alleged that the defendants violated the First Amendment, Eighth Amendment, and the Equal Protection Clause of the Fourteenth Amendment when they denied t…

On June 05, 2006, a California prisoner incarcerated at Centinela State Prison, proceeding pro-se, filed a lawsuit in the United States District Court for the Northern District of California against the warden and two correctional officers, alleging violation of the plaintiff's constitutional rights under 42 U.S.C. Section 1983. The plaintiff alleged that the defendants violated the First Amendment, Eighth Amendment, and the Equal Protection Clause of the Fourteenth Amendment when they denied the plaintiff outdoor exercise for more than 11 months, did not allow him privileges that other inmates specifically received, and required him to sign a pledge form against his political beliefs.

On March 12, 2007, the defendants moved to dismiss the Eight Amendment claim on the grounds that the plaintiff had not exhausted his administrative remedies. The defendant withdrew this motion on February 20, 2008.

The defendants moved for summary judgment on the First Amendment and Equal Protection claims on April 11, 2007 and for summary judgment on the Eight Amendment claim on August 7, 2008. Both motions were granted by the District Court (Judge Maxine M. Chesney) on February 24, 2009.

On March 11, 2009, the plaintiff appealed the dismissal to the United States Court of Appeals for the Ninth Circuit. On July 26, 2010, the Court of Appeals (Judge Stephen Reinhardt) reversed the dismissal and remanded the case back to the District Court.

On June 2, 2011, the defendants moved for summary judgment on qualified immunity grounds. On January 12, 2012, the District Court (Judge Maxine M. Chesney) denied defendants' motion for summary judgment and dismissed the plaintiff's claims for injunctive relief as moot due to him being transferred to another prison. The Court further referred the case to the federal Pro Bono Project for assignment of counsel for the plaintiff. On June 13, 2012, the parties settled and the plaintiff's claims were dismissed without prejudice pending payment of the settlement. On November 20, 2012, the Court entered a notification of satisfaction of settlement and dismissed the case with prejudice.

Summary Authors

Anjali Biala (10/11/2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5778571/parties/thomas-v-ponder/


Judge(s)

Chesney, Maxine M. (California)

Reinhardt, Stephen Roy (California)

Vadas, Nandor J. (California)

Attorneys(s) for Plaintiff

Berry, Michael A. (California)

Mitchell, Caroline N. (California)

Wallach, David L (California)

Attorneys(s) for Defendant

Harris, Kamala D. (California)

Huynh, Neah (California)

Patterson, Thomas S. (California)

Zelidon-Zepeda, Jose Alfonso (California)

Judge(s)

Chesney, Maxine M. (California)

Reinhardt, Stephen Roy (California)

Vadas, Nandor J. (California)

Attorneys(s) for Plaintiff

Berry, Michael A. (California)

Mitchell, Caroline N. (California)

Wallach, David L (California)

Attorneys(s) for Defendant

Harris, Kamala D. (California)

Huynh, Neah (California)

Patterson, Thomas S. (California)

Zelidon-Zepeda, Jose Alfonso (California)

Expert/Monitor/Master

Klepich, Michael J. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Nov. 20, 2012 Docket
4

Amended Complaint

July 2, 2006 Complaint
37

Order Denying Plaintiff's Motions to Compel and For Sanctions; Granting Defendants' Motions for Protective Order and to Stay Discovery; Lifting Stay of Motion to Dismiss and Scheduling Further Briefing

Thomas v. Evans

2008 WL 142403

Jan. 14, 2008 Order/Opinion
62

Order Granting Defendants' Motions for Summary Judgment; Denying Plaintiff's Motions for Judicial Notice

Thomas v. Evans

2009 WL 481265

Feb. 24, 2009 Order/Opinion
72

Opinion

U. S. Court of Appeals for the Ninth Circuit

611 F.3d 1144

April 7, 2010 Order/Opinion
108

Order Denying Defendantss' Motion for Summary Judgment on Qualified Immunity Grounds; Dismissing as Moot Plaintiff's Claims for Injunctive Relief; Referring Case to Federal Pro Bono Project for Assignment of Counsel;

Thomas v. Evans

Jan. 12, 2012 Order/Opinion
131

Notification of Satisfaction of Settlement; and [Proposed] Order of Dismissal With Prejudice

Nov. 9, 2012 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5778571/thomas-v-ponder/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
8

ORDER GRANTING 2 LEAVE TO PROCEED IN FORMA PAUPERIS. Signed by Judge Maxine M. Chesney on December 11, 2006. (mmcsec, COURT STAFF) (Filed on 12/11/2006)

Dec. 11, 2006 RECAP
9

ORDER OF SERVICE; DIRECTING DEFENDANTS TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION. The Clerk of the Court shall issue summons and the United States Marshal shall serve, without prepayment of fees, a copy of the amended complain t in this matter, all attachments thereto, and a copy of this order upon Warden M.S. Evans, Sergeant M.J. Kircher and Captain G. Ponder at Salinas Valley State Prison. The Clerk shall also mail courtesy copies of the amended complaint and this order to the California Attorney General's Office. No later than ninety (90) days from the date of this order, defendants shall file a motion for summary judgment or other dispositive motion with respect to the claims in the complaint found to be cognizable above. Signed by Judge Maxine M. Chesney on December 11, 2006. (mmcsec, COURT STAFF) (Filed on 12/11/2006) Modified on 12/12/2006 (aaa, Court Staff).

Dec. 11, 2006 RECAP
25

ORDER SCHEDULING BRIEFING ON PLAINTIFF'S MOTIONS TO COMPEL, FOR SANCTIONS, AND FOR A PROTECTIVE ORDER; STAYING DEFENDANTS' DISPOSITIVE MOTIONS, DENYING AS MOOT PLAINTIFF'S MOTION FOR ENLARGEMENT OF TIME. Signed by Judge Maxine M. Chesney on April 18, 2007. (mmcsec, COURT STAFF) (Filed on 4/18/2007)

April 18, 2007 RECAP
37

ORDER DENYING 21 30 31 32 PLAINTIFF'S MOTIONS TO COMPEL AND FOR SANNCTIONS; GRANTING 26 DEFENDANTS' MOTIONS FOR PROTECTIVE ORDER AND TO STAY DISCOVERY; LIFTING STAY OF MOTION TO DISMISS AND SCHEDULING FURTHER BRIEFING. Signed by Judge Maxine M. Chesney on January 14, 2008. (mmcsec, COURT STAFF) (Filed on 1/14/2008)

Jan. 14, 2008 RECAP
42

ORDER DENYING 40 PLAINTIFF'S MOTION TO ORDER DEFENDANTS NOT TO DELAY PROCEEDINGS; LIFTING STAYS OF DISCOVERY AND MOTION FOR SUMMARY JUDGMENT; SCHEDULING BRIEFING ON SUPPLEMENTAL MOTION FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on May 9, 2008. (mmcsec, COURT STAFF) (Filed on 5/9/2008)

May 9, 2008 RECAP
54

ORDER DENYING 47 53 PLAINTIFF'S REQUEST FOR COURT TO OBTAIN AND REVIEW TRANSCRIPT OF PLAINTIFF'S DEPOSITION; SETTING NEW BRIEFING SCHEDULE ON PENDING MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Maxine M. Chesney on October 30, 2008. (mmcsec, COURT STAFF) (Filed on 10/30/2008)

Oct. 30, 2008 RECAP
62

ORDER GRANTING 43 DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT; DENYING 55 PLAINTIFF'S MOTIONS FOR JUDICIAL NOTICE. Signed by Judge Maxine M. Chesney on February 24, 2009. (mmcsec, COURT STAFF) (Filed on 2/24/2009)

Feb. 24, 2009 RECAP
63

CLERK'S JUDGMENT in favor of G. Ponder, M. J. Kircher, M. S. Evans against Otis Michael Thomas. 1. Defendants motion for summary judgment are hereby GRANTED and judgment shall be entered in favor of each of the defendants.2. Plaintiffs motions for judicial notice are hereby DENIED (tl, COURT STAFF) (Filed on 2/24/2009)

Feb. 24, 2009 RECAP
78

ORDER REOPENING CASE; REFERRING CASE FOR SETTLEMENT PROCEEDINGS; DENYING 73 MOTION FOR SCHEDULING ORDER. Signed by Judge Maxine M. Chesney on January 3, 2011. (mmcsec, COURT STAFF) (Filed on 1/3/2011)

Jan. 3, 2011 RECAP
83

WRIT of habeas corpus ad testificandum issued for presence of Plaintiff at settlement conference on March 22, 2011, at Solano State Prison. Signed by Judge Vadas on 2/24/2011. (njvlc1, COURT STAFF) (Filed on 2/24/2011)

Feb. 24, 2011 RECAP
86

ORDER DENYING 84 MOTION FOR TRIAL SCHEDULING ORDER; SETTING BRIEFING SCHEDULE FOR FILING OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON GROUNDS OF QUALILFIED IMMUNITY. Signed by Judge Maxine M. Chesney on April 1, 2011. (mmcsec, COURT STAFF) (Filed on 4/1/2011)

April 1, 2011 RECAP
92

ORDER GRANTING 90 DEFENDANTS' REQUEST FOR EXTENSION OF TIME; DENYING 88 MOTION FOR TRIAL SCHEDULING ORDER. Signed by Judge Maxine M. Chesney on May 6, 2011. (mmcsec, COURT STAFF) (Filed on 5/6/2011) (Additional attachment(s) added on 5/6/2011: # 1 Certificate of Service) (tlS, COURT STAFF).

1 Certificate of Service

View on PACER

May 6, 2011 RECAP
97

ORDER GRANTING 95 DEFENDANTS' REQUEST FOR EXTENSION OF TIME; DENYING 93 MOTION FOR TRIAL SCHEDULING ORDER; DENYING PLAINTIFF'S REQUEST FOR COUNSEL. Signed by Judge Maxine M. Chesney on May 31, 2011. (mmcsec, COURT STAFF) (Filed on 5/31/2011)

May 31, 2011 RECAP
108

ORDER DENYING 98 DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON QUALIFIED IMMUNITY GROUNDS; DISMISSING AS MOOT PLAINTIFF'S CLAIMS FOR INJUNCTIVE RELIEF; REFERRING CASE TO FEDERAL PRO BONO PROJECT FOR ASSIGNMENT OF COUNSEL; STAYING PROCEEDING S PENDING APPOINTMENT OF COUNSEL; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on January 12, 2012. (mmcsecS, COURT STAFF) (Filed on 1/12/2012) (Additional attachment(s) added on 1/12/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

1 Certificate of Service

View on PACER

Jan. 12, 2012 RECAP
110

ORDER APPOINTING PRO BONO COUNSEL; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on January 30, 2012. (mmcsec, COURT STAFF) (Filed on 1/30/2012) (Additional attachment(s) added on 1/30/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

1 Certificate of Service

View on PACER

Jan. 30, 2012 RECAP
119

PRETRIAL PREPARATION ORDER. Signed by Judge Maxine M. Chesney on 3/26/12. (tlS, COURT STAFF) (Filed on 3/26/2012)

March 26, 2012 RECAP
121

WRIT of habeas corpus ad testificandum issued for presence of Plaintiff at settlement conference. Signed by Magistrate Judge Nandor J. Vadas on 5/11/2012. (njvlc1, COURT STAFF) (Filed on 5/11/2012)

May 11, 2012 RECAP
125

ORDER REQUIRING PARTIES TO MEET AND CONFER IN ADVANCE OF SETTLEMENT CONFERENCE. Signed by Magistrate Judge Nandor J. Vadas on May 30, 2012. (njvlc2, COURT STAFF) (Filed on 5/30/2012)

May 30, 2012 RECAP
126

ORDER returning document to Plaintiff entered by Magistrate Judge Nandor J. Vadas on 6/5/12. (njvlc1, COURT STAFF) (Filed on 6/5/2012)

June 5, 2012 RECAP
128

ORDER OF DISMISSAL. Plaintiff's claims are dismissed without prejudice; provided, however, that if any party hereto shall certify to this Court, within ninety days, with proof of service of a copy thereon on opposing counsel, that the agreed co nsideration for the settlement has not been delivered, the foregoing order shall stand vacated and the action shall forthwith be restored to the calendar for further proceedings as appropriate. Signed by Judge Maxine M. Chesney on June 13, 2012. (mmclc2, COURT STAFF) (Filed on 6/13/2012)

June 13, 2012 RECAP
130

ORDER STRIKING FILING OF SEPTEMBER 7, 2012. Signed by Judge Maxine M. Chesney on September 27, 2012. (mmclc2, COURT STAFF) (Filed on 9/27/2012) (Additional attachment(s) added on 9/27/2012: # 1 Certificate of Service) (tlS, COURT STAFF).

1 Certificate of Service

View on PACER

Sept. 27, 2012 RECAP
132

NOTIFICATION OF SATISFACTION OF SETTLEMENT; AND ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Maxine M. Chesney on November 20, 2012. (mmclc2, COURT STAFF) (Filed on 11/20/2012)

Nov. 20, 2012 RECAP

State / Territory: California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 5, 2006

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A California prisoner denied exercise for eleven months

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Salinas Valley State Prison (Monterey), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Conditions of confinement

Recreation / Exercise

Type of Facility:

Government-run