Case: Olivier v. Molina

2:08-cv-07169 | U.S. District Court for the Central District of California

Filed Date: Oct. 30, 2008

Closed Date: Jan. 11, 2019

Clearinghouse coding complete

Case Summary

On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff alleged that the conditions of confinement, specifically lack of a bed and infestation, violated his constitutional rights. Additionally, the plaintiff alleged he was denied prompt medical care when the…

On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff alleged that the conditions of confinement, specifically lack of a bed and infestation, violated his constitutional rights. Additionally, the plaintiff alleged he was denied prompt medical care when the defendant doctor failed to supply prescribed medication for 43 days. The plaintiff sued under 42 U.S.C. § 1983 and Ex parte Young, seeking compensatory damages in the amount of $33,000 and punitive damages in the amount of $333,000.

The plaintiff had entered jail custody in July 2006, and as he was being processed, there was a string of racially charged violent disturbances at several jail facilities. Officials locked down multiple facilities, which delayed in-processing. As a result, the plaintiff was held at a facility without sufficient bench space for sleeping, and no beds or mattresses. He slept on the floor.

On November 9, 2009, the defendants filed a motion to dismiss on the grounds that the plaintiff failed to exhaust his administrative remedies, which the Magistrate Judge Alicia G. Rosenberg recommended be granted in part and denied in part. On July 6, 2010, the District Court (Judge John F. Walter) adopted the Magistrate Judge's report and dismissed all claims except the claim against the Sheriff in his individual and official capacities for failure to provide adequate sleeping accommodations.

Later that year, on September 14, the plaintiff filed a second amended complaint against the Los Angeles County Sheriff in his official and individual capacities, alleging substantively the same claims for conditions of confinement. On August 21, 2011, in response to the defendants' motion to dismiss the second amended complaint and after Magistrate Judge Rosenberg's Report and Recommendation (2011 WL 3607461), the District Court dismissed all claims except the claim against the Sheriff in his individual capacity for failure to provide adequate sleeping conditions. 2011 WL 3607212.

On April 30, 2013, the defendant filed a motion for summary judgment on the remaining claim. A magistrate judge found that the newly supplemented record demonstrated that the Los Angeles County jail had faced difficult exigent circumstances in the aftermath of the disturbances and lockdown, and that this meant there had been no constitutional violation. The District Court agreed, dismissing the case on July 18, 2013. 2013 WL 3791419.

A few months later, on July 30, the plaintiff appealed to the U.S. Court of Appeals for the Ninth Circuit. After appointing counsel to represent the plaintiff pro bono, on January 11, 2019, the Ninth Circuit affirmed in an opinion by Judge Consuelo Callahan. 913 F.3d 852. In light of the exigent circumstances, the opinion explained, there was no constitutional violation, and the sheriff was entitled to qualified immunity.

The case is now closed.

Summary Authors

Anjali Biala (11/7/2013)

Will McCartney (11/4/2019)

Venesa Haska (12/24/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5745665/parties/maurice-p-olivier-v-gloria-molina/


Judge(s)

Rosenberg, Alicia G. (California)

Walter, John F. (California)

Attorney for Plaintiff

Olivier, Maurice Pierre (California)

Attorney for Defendant

Beach, Paul B (California)

Lee, Daniel (California)

show all people

Documents in the Clearinghouse

Document

2:08-cv-07169

Docket [PACER]

Jan. 4, 2017

Jan. 4, 2017

Docket
3

2:08-cv-07169

Civil Rights Complaint Pursuant to 42 U.S.C. § 1983

Olivier v. Moliner

Nov. 7, 2008

Nov. 7, 2008

Complaint
15

2:08-cv-07169

Memorandum And Order Dismissing Civil Rights Complaint With Leave To Amend

July 21, 2009

July 21, 2009

Order/Opinion

2009 WL 2230747

16

2:08-cv-07169

First Amended Complaint

Aug. 12, 2009

Aug. 12, 2009

Complaint
81

2:08-cv-07169

Order Adopting Magistrate Judge's Report and Recommendation

July 6, 2010

July 6, 2010

Order/Opinion
89

2:08-cv-07169

Second Amended Complaint

Olivier v. molina

Aug. 23, 2010

Aug. 23, 2010

Complaint
92

2:08-cv-07169

Corrected Second Amended Complaint

Sept. 14, 2010

Sept. 14, 2010

Complaint
108

2:08-cv-07169

Certification Pursuant to Fed.R.Civ.P 37(a)(2)(A)(B)

July 28, 2011

July 28, 2011

Pleading / Motion / Brief
113

2:08-cv-07169

Order Adopting Magistrate Judge's Report and Recommendation

Aug. 15, 2011

Aug. 15, 2011

Order/Opinion

2011 WL 3607212

209

2:08-cv-07169

Order Accepting Findings and Recommendations of United States Magistrate Judge

Olivier v. Baca

July 18, 2013

July 18, 2013

Order/Opinion

2013 WL 3791419

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5745665/maurice-p-olivier-v-gloria-molina/

Last updated March 20, 2025, 10:49 a.m.

ECF Number Description Date Link Date / Link
9

ORDER TO SHOW CAUSE RE DISMISSAL FOR FAILURE TO PAY INITIAL PARTIAL FILING FEE by Magistrate Judge Jeffrey W. Johnson. (ca)

Jan. 30, 2009

Jan. 30, 2009

RECAP
15

MEMORANDUM AND ORDER DISMISSING CIVIL RIGHTS COMPLAINT WITH LEAVE TO AMEND 3 by District Judge John F. Walter. (ag).

July 21, 2009

July 21, 2009

RECAP
81

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION by Judge John F. Walter: IT IS ORDERED that (1) the Report and Recommendation is adopted; (2) Defendants' unenumerated Rule 12(b) motion based on failure to exhaust remedies is granted in part and denied in part; (3) Claim Three is dismissed without prejudice for failure to exhaust administrative remedies; (4) Defendants' Rule 12(b)(6) motion to dismiss for failure to state a claim is granted in part and denied in part; (5) Defendants Molina, Burke, Yaroslavsky, Knabe, and Antonovich are dismissed; and (6) Claim Two is dismissed with leave to amend solely to allege a claim against Sheriff Leroy Baca in his individual and/or official capacity. Plaintiff is granted leave to file a Second Amended Complaint within 30 days after the date of this order. 39 (es) (Entered: 07/08/2010)

July 6, 2010

July 6, 2010

RECAP
113

ORDER ADOPTING REPORT AND RECOMMENDATIONS by Judge John F. Walter for Report and Recommendation (Issued) 105 . Pursuant to 28 U.S.C. § 636, the Court has reviewed the Petition, records on file, and the Report and Recommendation of the United St ates Magistrate Judge. Further, the Court has engaged in a de novo review of those portions of the Report to which the parties have objected. The Court accepts the findings and recommendation of the Magistrate Judge. IT IS ORDERED that (1) the Repo rt and Recommendation is adopted; (2) Defendant's unenumerated Rule 12(b) motion based on failure to exhaust remedies is granted in part and denied in part; (3) Defendant's Rule 12(b)(6) motion to dismiss for failure to state a claim is gra nted in part and denied in part; (4) Claim Two with respect to cell infestation other than lice is dismissed without prejudice; (5) Defendant Baca in his individual capacity in Claim Two is dismissed with prejudice; (6) both claims based on the Fifth Amendment are dismissed with prejudice; (7) both claims based on the Standard Minimum Rules for the Treatment of Prisoners are dismissed with prejudice; and (8) the failure to train claim with respect to Claim Two is dismissed with prejudice. (See Order for details.) (mp)

Aug. 15, 2011

Aug. 15, 2011

RECAP
209

ORDER ACCEPTING REPORT AND RECOMMENDATIONS by Judge John F. Walter, IT IS ORDERED that Judgment be entered granting Defendant's motion for summary judgment and dismissing this action with prejudice. Report and Recommendation (Issued) 204 (lmh)

July 18, 2013

July 18, 2013

RECAP
210

JUDGMENT by Judge John F. Walter, IT IS ADJUDGED that Defendant's motion for summary judgment is granted and Judgment is entered in favor of Defendant. Related to: MOTION for Summary Judgment as to Corrected Second Amended Complaint 166 , Amended Complaint, 89 , Report and Recommendation (Issued),, 204 (MD JS-6, Case Terminated). (lmh)

July 18, 2013

July 18, 2013

RECAP

Financial Entry IFP Filing Fee

July 16, 2021

July 16, 2021

PACER

Financial Entry IFP Filing Fee

Aug. 10, 2021

Aug. 10, 2021

PACER

Financial Entry IFP Filing Fee

Sept. 16, 2021

Sept. 16, 2021

PACER

Financial Entry IFP Filing Fee

Oct. 22, 2021

Oct. 22, 2021

PACER

Financial Entry IFP Filing Fee

Nov. 19, 2021

Nov. 19, 2021

PACER

Financial Entry IFP Filing Fee

Dec. 14, 2021

Dec. 14, 2021

PACER

Financial Entry IFP Filing Fee

Jan. 20, 2022

Jan. 20, 2022

PACER

Financial Entry IFP Filing Fee

Feb. 8, 2022

Feb. 8, 2022

PACER

Financial Entry IFP Filing Fee

March 14, 2022

March 14, 2022

PACER

Financial Entry IFP Filing Fee

April 12, 2022

April 12, 2022

PACER

Financial Entry IFP Filing Fee

May 13, 2022

May 13, 2022

PACER

Financial Entry IFP Filing Fee

June 8, 2022

June 8, 2022

PACER
237

Mail Returned

June 28, 2022

June 28, 2022

PACER

Financial Entry IFP Filing Fee

July 12, 2022

July 12, 2022

PACER

Financial Entry IFP Filing Fee

Feb. 9, 2023

Feb. 9, 2023

PACER

Financial Entry IFP Filing Fee

March 9, 2023

March 9, 2023

PACER

Financial Entry IFP Filing Fee

April 14, 2023

April 14, 2023

PACER

Financial Entry IFP Filing Fee

May 17, 2023

May 17, 2023

PACER

Financial Entry IFP Filing Fee

June 27, 2023

June 27, 2023

PACER

Financial Entry IFP Filing Fee

July 17, 2023

July 17, 2023

PACER

Financial Entry IFP Filing Fee

Aug. 8, 2023

Aug. 8, 2023

PACER

Financial Entry IFP Filing Fee

Sept. 20, 2023

Sept. 20, 2023

PACER

Financial Entry IFP Filing Fee

Oct. 16, 2023

Oct. 16, 2023

PACER

Financial Entry IFP Filing Fee

Nov. 8, 2023

Nov. 8, 2023

PACER

Financial Entry IFP Filing Fee

Dec. 12, 2023

Dec. 12, 2023

PACER

Financial Entry IFP Filing Fee

Jan. 9, 2024

Jan. 9, 2024

PACER

Financial Entry IFP Filing Fee

Feb. 14, 2024

Feb. 14, 2024

PACER
252

Mail Returned

March 11, 2024

March 11, 2024

PACER

Financial Entry IFP Filing Fee

March 15, 2024

March 15, 2024

PACER

Financial Entry IFP Filing Fee

April 9, 2024

April 9, 2024

PACER

Financial Entry IFP Filing Fee

May 14, 2024

May 14, 2024

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 30, 2008

Closing Date: Jan. 11, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A person detained pre-trial at the Los Angeles City Central Jail.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Los Angeles County Jail (Los Angeles), County

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Medical/Mental Health Care:

Medication, administration of