Case: Olivier v. Molina

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

Filed Date: Oct. 30, 2008

Case Ongoing

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 sought 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 June 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.

On September 14, 2010, 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. In response to the defendants' motion to dismiss the Second Amended complaint, the District Court dismissed all claims except the claim against the Sheriff in his individual capacity for failure to provide adequate sleeping conditions.

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.

Plaintiff appealed, and On July 30, 2013, the plaintiff filed a notice of appeal to the Ninth Circuit. After appointing counsel to represent the plaintiff pro bono, on January 11, 2019, the Court of Appeals affirmed in an opinion by Judge Consuelo Callahan. Olivier v. Baca, 913 F.3d 852 (9th Cir. 2019). 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)

People

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


Judge(s)

Rosenberg, Alicia G. (California)

Walter, John F. (California)

Attorneys(s) for Defendant

Beach, Paul B (California)

Lee, Daniel (California)

Zuiderweg, Alexandra B (California)

Judge(s)

Rosenberg, Alicia G. (California)

Walter, John F. (California)

Attorneys(s) for Defendant

Beach, Paul B (California)

Lee, Daniel (California)

Zuiderweg, Alexandra B (California)

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
16

2:09-cv-07169

First Amended Complaint

Aug. 12, 2009

Aug. 12, 2009

Complaint
39

2:08-cv-07169

Defendants' Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities and Declaration of Deputy Kevin Kelley in Support Thereof

Nov. 9, 2009

Nov. 9, 2009

Pleading / Motion / Brief
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
56

13-56371

Opinion

Olivier v. Baca

U. S. Court of Appeals for the Ninth Circuit

913 F.3d 852

Jan. 11, 2019

Jan. 11, 2019

Order/Opinion

Docket

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

Last updated Aug. 25, 2022, 3:15 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

LODGED COMPLAINT forwarded to Magistrate Judge Jeffrey W. Johnson. Complaint sought to be filed by Plaintiff Maurice P. Olivier. (ghap) (Entered: 11/04/2008)

Oct. 30, 2008

Oct. 30, 2008

1

REQUEST to Proceed without Prepayment of Filing Fees with Declaration in Support filed by plaintiff Maurice P. Olivier. (Attachments: # 1 Lodged face page of Complaint)(ghap) (Entered: 11/04/2008)

Oct. 30, 2008

Oct. 30, 2008

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
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
2

ORDER by Magistrate Judge Jeffrey W. Johnson: GRANTING re REQUEST to Proceed without Prepayment of Filing Fees, Declaration in Support 1 . IT IS FURTHER ORDERED that, accordance with 28 USC Section 1915, the prisoner−plaintiff owes the Court the total filing fee of $350.00. An initial partial filing fee of $2.40 must be paid within 30 days of the date of this is filed. Failure to remit the initial partial filing fee may be result in dismissal of your case. Thereafter, monthly payments shall be forwarded to the Court in accordance with 28 USC Section 1915. (et) (Entered: 11/10/2008)

Nov. 7, 2008

Nov. 7, 2008

3

CIVIL RIGHTS COMPLAINT filed against Defendants Gloria Molina, Yvonne B. Burke, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez pursuant to 42:1983. Case assigned to Judge John F. Walter and referred to Magistrate Judge Jeffrey W. Johnson. (Filing fee: IN FORMA PAUPERIS IS GRANTED.), filed by Plaintiff Maurice P. Olivier. (et) (Entered: 11/10/2008)

Nov. 7, 2008

Nov. 7, 2008

4

NOTICE OF REFERENCE to United States Magistrate Judge Jeffrey W. Johnson. (et) (Entered: 11/10/2008)

Nov. 7, 2008

Nov. 7, 2008

5

MOTION for Appointment of Counsel filed by plaintiff Maurice P. Olivier. (ca) (Entered: 11/21/2008)

Nov. 17, 2008

Nov. 17, 2008

6

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Jeffrey W. Johnson, ORDERING Motion requesting court filed documents and summons submitted by Plaintiff Maurice P. Olivier received on 11/17/2008 is not to be filed but instead rejected. Denial based on: requesting documents not related to the above case number. (ca) (Entered: 11/21/2008)

Nov. 20, 2008

Nov. 20, 2008

7

MINUTES (IN CHAMBERS) PLAINTIFFS MOTION FOR APPOINTMENT OF COUNSEL (filedNovember 17, 2008) by Magistrate Judge Jeffrey W. Johnson: The Court has received plaintiff's Motion for Appointment of Counsel 5 . The plaintiffsmotion is DENIED. The Court has very little ability to appoint counsel in civil rights matters except in "exceptional circumstances. Moreover, the Court does not have the ability to provide for payment to any attorney who might be willing to represent plaintiff. Plaintiff should consider what other alternatives he has to assist him in prosecuting this case. (ca) (Entered: 12/08/2008)

Dec. 3, 2008

Dec. 3, 2008

8

OBJECTION to Magistrate's Order Denying Appointment of Counsel 7 , filed by Plaintiff Maurice P. Olivier. (ag) (Entered: 12/30/2008)

Dec. 30, 2008

Dec. 30, 2008

10

MOTION SHOWING CAUSE filed by Plaintiff Maurice P. Olivierto Order to Show Cause, 9 . (ca) (Entered: 02/20/2009)

Feb. 20, 2009

Feb. 20, 2009

11

MINUTES (IN CHAMBERS) PLAINTIFFS MOTION SHOWING CAUSE (filed February 20, 2009) by Magistrate Judge Jeffrey W. Johnson: The Court hereby vacates its Order to Show Cause re Dismissal For Failure to Pay Initial Partial Filing Fee. Plaintiff is GRANTED an additional forty−five (45) days from the date of this order to make an initial payment of $2.40. Thereafter, plaintiff shall monthly pay 20 percent of the preceding monthly income credited to [plaintiffs] account. 28 U.S.C. 1915(b)(2). The Court hereby directs the California Department of Corrections to forward payments from [plaintiff Maurice P. Oliviers] account to the Clerk of this Court each time the account in plaintiff Oliviers [trust fund] account exceeds $10.00 until the $350.00 filing fee is paid, re: Motion 10 . (ca) (Entered: 03/24/2009)

March 24, 2009

March 24, 2009

12

Motion Requesting Confirmation of Receiving Initial Filing Fee Pursuant to 28 U.S.C. 1915 (b)(1) filed by Plaintiff Maurice P. Olivier. (ag) (Entered: 04/13/2009)

April 13, 2009

April 13, 2009

13

MINUTES (IN CHAMBERS) PLAINTIFFS MOTION REQUESTING CONFIRMATION OF RECEIVING INITIAL FILING FEE (filed April 13, 2009) by Magistrate Judge Jeffrey W. Johnson: Plaintiff is advised that his initial partial filing fee of $2.40 was received on February 19, 2009, re: REQUEST 12 . (ca) (Entered: 05/01/2009)

April 30, 2009

April 30, 2009

14

ORDER OF THE CHIEF MAGISTRATE JUDGE − OCMJ# 09−063 by Acting Magistrate Judge Suzanne H. Segal. Due to the Resignation of Magistrate Judge Jeffrey W. Johnson, this case is randomly reassigned to Magistrate Judge Alicia G. Rosenberg for all further proceedings. All documents subsequently filed shall bear this new case designation CV 08−07169 JFW(AGR). (sn) (Entered: 07/16/2009)

July 14, 2009

July 14, 2009

Proposed MEMORANDUM AND ORDER DISMISSING CIVIL RIGHTS COMPLAINT WITH LEAVE TO AMEND by Magistrate Judge Jeffrey W. Johnson. Re Complaint (Prisoner Civil Rights) 3 . Approved by the District Judge.(ag) (Entered: 07/22/2009)

July 21, 2009

July 21, 2009

16

FIRST AMENDED CIVIL RIGHTS COMPLAINT against defendants Gloria Molina, Yvonne B. Burke, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez amending Complaint (Prisoner Civil Rights), 3 , filed by plaintiff Maurice P. Olivier. (ca) (Entered: 08/13/2009)

Aug. 12, 2009

Aug. 12, 2009

17

ORDER DIRECTING SERVICE OF PROCESS BY THE UNITED STATES MARSHAL by Magistrate Judge Alicia G. Rosenberg, re First Amended Complaint, 16 . Pursuant to Rule 4(c)(3) of the Federal Rules of Civil Procedure, the United States Marshal is directed to proceed with service of process upon the defendant(s) named below only without prepayment of costs, until further order of the Court. A copy of this Order shall be served with the summons and complaint. Pursuant to 42 U.S.C. § 1997e(g)(2), defendants are directed to respond to the complaint within the time provided by the applicable provisions of Rule 12 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. (mp) (Entered: 09/03/2009)

Sept. 2, 2009

Sept. 2, 2009

18

ORDER RE: SERVICE OF COMPLAINT AND PLAINTIFF'S MAILING ADDRESS by Magistrate Judge Alicia G. Rosenberg, re First Amended Complaint, 16 . The Court having reviewed plaintiff's First Amended Complaint, filed on August 12, 2009, IT IS ORDERED THAT: No later than November 2, 2009, plaintiff shall file with the Clerk of Court a Notice of Submission indicating that all required documents have been submitted to the United States Marshal for service of the Complaint. If plaintiff does not file the Notice of Submission by November 2, 2009, his action will be subject to dismissal without prejudice. No later than October 19, 2009, plaintiff shall serve and file with the court a Notice of Current Address which shall set forth plaintiff's current mailing address. The United States Marshal is ordered to serve the summons and complaint, as indicated on the attached Order Directing Service of Process by the United States Marshal filed on September 2, 2009. IT IS SO ORDERED. (Attachments: # 1 Notice of Submission of Documents to United States Marshal) (mp) (Entered: 09/03/2009)

Sept. 2, 2009

Sept. 2, 2009

20 DAY DAY Summons Issued re First Amended Complaint, 16 as to Defendants Gloria Molina, Yvonne B. Burke, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. (mp) (Entered: 09/03/2009)

Sept. 2, 2009

Sept. 2, 2009

PROPOSED ORDER RE: PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S RULING ON MOTION TO APPOINT COUNSEL issued by Magistrate Judge Alicia G. Rosenberg. Proposed Order forwarded to the District Judge for approval.(mp) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

19

ORDER RE: PLAINTIFF'S OBJECTIONS TO MAGISTRATE JUDGE'S RULING ON MOTION TO APPOINT COUNSEL by Judge John F. Walter, re Objections − non−motion 8 . IT IS THEREFORE ORDERED that Plaintiff's objections are OVERRULED. (See Order for details.) (mp) (Entered: 09/10/2009)

Sept. 8, 2009

Sept. 8, 2009

20

NOTICE OF SUBMISSION OF DOCUMENTS TO UNITED STATES MARSHAL filed by plaintiff Maurice P. Olivier. (ag) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

21

NOTICE OF CURRENT ADDRESS filed by plaintiff Maurice P. Olivier.(ag) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

22

MOTION FOR APPOINTMENT OF COUNSEL PURSUANT TO 28 U.S.C. 1915(e)(1), filed by plaintiff Maurice P. Olivier. (ag) (Entered: 09/17/2009)

Sept. 17, 2009

Sept. 17, 2009

23

(IN CHAMBERS): APPOINTMENT OF COUNSEL by Magistrate Judge Alicia G. Rosenberg: denying 22 Motion for Appointment of Counsel. ***See document for further details*** (ag) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

24

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Board of Supervisor − Gloria Molina served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Ernestina Rhind. Remarks: P/S 9/16. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

26

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Board of Supervisore − Don Knabe served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Ernestina Rhind, Deputy Clerk. Remarks: P/S/ 9/16. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

27

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Board of Supervisor − Michael D. Antonovich served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Ernestina Rhind, Deputy Clerk. Remarks: P/S 9/16. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

28

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Los Angeles County Sheriff − LeRoy Baca served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon Denise Dougherty (OAZ). Remarks: P/S 9/16. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

29

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Michael D. Antonovich answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

30

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon LeRoy Baca served on 9/16/2009, answer due 10/6/2009 served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

31

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Policarpio F. Enriquez served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

32

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Don Knabe served on 9/16/2009, answer due 10/6/2009 served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

33

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Zey Yaroslavsky served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

34

PROCESS RECEIPT AND RETURN (USM−285) of summons and Complaint (Prisoner Civil Rights), 3 upon Gloria Molina served on 9/16/2009, answer due 10/6/2009, served by personal service, by Federal statute, upon (not indicated). Remarks: none. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

35

PROCESS RECEIPT AND RETURN (USM−285) of summons unexecuted re Complaint (Prisoner Civil Rights), 3 for Yvonne B. Burke. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

36

PROCESS RECEIPT AND RETURN (USM−285) of summons unexecuted re Complaint (Prisoner Civil Rights), 3 for Board of Supervisor − Yvonne B. Burke. (ca) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

37

EX PARTE APPLICATION for Extend Time to File Answer to 11/9/2009 re Amended Complaint, 16 filed by DEFENDANTS Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. (Attachments: # 1 Exhibit A TO DANIEL LEE DECLARATION, # 2 Proposed Order)(Lee, Daniel) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

38

ORDER GRANTING Ex Parte Application for Extension of Time to Answer 37 by Magistrate Judge Alicia G. Rosenberg: IT IS ORDERED that Defendants have until November 9, 2009, to respond to Plaintiff Maurice Pierre Olivier's First Amended Complaint. (ca) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

40

ORDER RE DEFENDANTS MOTION TO DISMISS COMPLAINT and NOTICE TO PLAINTIFF OF THEREQUIREMENTS OF AN UNENUMERATED MOTION UNDER FEDERAL RULE 12(b) by Magistrate Judge Alicia G. Rosenberg: THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT. PLEASE READ THIS ORDER CAREFULLY. On November 9, 2009, defendants filed a Motion to Dismiss by which they seek to have your case dismissed on the ground that you failed to exhaust your administrative remedies. Failure to exhaust administrative remedies is subject to an unenumerated Fed. R. Civ. P. 12(b) motion. Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir.), cert. denied,540 U.S. 810 (2003). DEADLINES: Plaintiff is ORDERED to file his opposition to defendants motion to dismiss no later than December 9, 2009. Defendants are ORDERED to serve and file a reply no later than January 8, 2010. The Court will take the motion under submission without oral argument as of the date defendants reply is due. See order for details. (Attachments: # 1 Local Rule 12) (ca) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

41

NOTICE of Change of Attorney Information for attorney Paul B Beach counsel for Defendants Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. Adding Paul B Beach as attorney as counsel of record for Gloria Molina, Zev Yaroslavsky, Don Knabe, Michael D. Antonovich, Sheriff Leroy D. Baca, Policarpio Enriques for the reason indicated in the G−06 Notice. Filed by Defendants Gloria Molina, Zev Yaroslavsky, Don Knabe, Michael D. Antonovich, Sheriff Leroy D. Baca, Policarpio Enriquez (Beach, Paul) (Entered: 11/10/2009)

Nov. 10, 2009

Nov. 10, 2009

42

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Alicia G. Rosenberg, ORDERING 1. Plaintiff's First Set of Interrogatories to Kevin Kelly; 2. Plaintiff's First Request for Production of Documents (Seven Requests) submitted by Plaintiff Maurice P Olivier received on December 10, 2009 is not to be filed but instead rejected. Denial based on: Discovery is not to be filed with the Court. (Attachments: # 1 Discovery by Plaintiff) (mp) (Entered: 12/11/2009)

Dec. 10, 2009

Dec. 10, 2009

43

NOTICE AND REQUEST FOR JUDICIAL NOTICE Pursuant to Title 28 Federal Rules of Evidence Rule 201(b) in support of plaintiff's Opposition to Motion to Dismiss filed by plaintiff Maurice P Olivier. (ca) (Entered: 12/14/2009)

Dec. 10, 2009

Dec. 10, 2009

44

MOTION in OPPOSITION to Motion to Dismiss COMPLAINT Pursuant to 42 U.S.C. Section 1997e(a), Fed. R. Civ. Proc. 12(b)(6), 39 filed by Plaintiff Maurice P Olivier. (ca) (Entered: 12/14/2009)

Dec. 10, 2009

Dec. 10, 2009

45

MOTION requesting subpoenas to attach with subpoena duces tecums filed by plaintiff Maurice P Olivier. (ca) (Entered: 12/14/2009)

Dec. 10, 2009

Dec. 10, 2009

46

REPLY IN SUPPORT OF MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 39 filed by Defendants Gloria Molina, Zey Yaroslavsky, Don Knabe, Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez. (Lee, Daniel) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

47

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 45 Motion for Subpoenas. DEFENDANTS' MOTION TO DISMISS AND PLAINTIFF'S MOTION FOR SUBPOENAS. Plaintiff's Motion is GRANTED. The Clerk is DIRECTED to provide Plaintiff with three Subpoenas to Produce Documents, Information, or Objects or their equivalent, sign and date the subpoenas in the appropriate boxes, and complete the case caption at the top of the subpoenas. IT IS HEREBY ORDERED that: 1. On or before February 26, 2010, Plaintiff may file a supplemental opposition that includes any additional evidence related to exhaustion. 2. On or before January 29, 2010, Defendants shall file a supplemental brief that further explains the exhaustion process at the Los Angeles County Jail. 3. Unless otherwise ordered, the court will take the motion to dismiss under submissionon the date Plaintiff's supplemental brief is due. (See Order for details.) (mp) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

49

Affidavit for Subpoea Duces Tecum issued as to ACLU/SE Jaels Project Coordinator/Custodian of Records. (es) (Entered: 02/08/2010)

Feb. 3, 2010

Feb. 3, 2010

50

Affidavit for Subpoena Duces Tecum issued as to Yagman & Yagman & Reichman/ Custodian of Records. (es) (Entered: 02/08/2010)

Feb. 3, 2010

Feb. 3, 2010

51

AFFIDAVIT FOR SUBPOENA DUCES TECUM IN A CIVIL CASE issued as to U.S. Department of Justice. (mp) (Entered: 02/08/2010)

Feb. 5, 2010

Feb. 5, 2010

52

MINUTES OF IN CHAMBERS ORDER RE PLAINTIFF'S SUBPOENAS by Magistrate Judge Alicia G. Rosenberg: re: Subpoena (AO 88) Issued 51 , Subpoena (AO 88) Issued 49 , Subpoena (AO 88) Issued 50 . IT IS HEREBY ORDERED that Plaintiff notify the subpoenaed parties as soon as possible that the documents shall be produced ONLY to Plaintiff, and NOT to the Court. Pursuant to this court's order dated January 19, 2010, Plaintiff may file a supplemental opposition that includes any additional evidence related to exhaustion on or before February 26, 2010. If Plaintiff does not file a timely supplemental opposition, the court will decide the motion to dismiss based on the papers in the record. (See Order for details) (mp) (Entered: 02/08/2010)

Feb. 8, 2010

Feb. 8, 2010

53

Supplemental Motion in Opposition to Defendants Motion to Dismiss Pursuant to Fed.R.Evid. Rule 803(6)d the Civil Rights of Institutionalized Persons Act 39 filed by Plaintiff Maurice P Olivier. (es) (Entered: 02/19/2010)

Feb. 17, 2010

Feb. 17, 2010

54

MOTION Requesting Order to Comply Pursuant to Fed.R.Civ.P 45(e) filed by plaintiff Maurice P Olivier. (es) (Entered: 02/26/2010)

Feb. 24, 2010

Feb. 24, 2010

55

MOTION Requesting Extension of Time filed by plaintiff Maurice P Olivier. (es) (Entered: 02/26/2010)

Feb. 24, 2010

Feb. 24, 2010

56

MINUTES (IN CHAMBERS): ORDER RE PLAINTIFF'S MOTION TO COMPEL by Magistrate Judge Alicia G. Rosenberg 54 . The Custodian of Records is ORDERED, on or before March 16, 2010, to file and serve a response to Plaintiff's motion. (See Order for details.) (mp) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

57

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 55 Motion for Extension of Time. Plaintiff's request is GRANTED. Plaintiff may file a supplemental opposition on or before April 1, 2010. (See Order for details.) (mp) (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

70

PROOF OF SERVICE filed by plaintiff Maurice P Olivier, served on 3/24/10 by mail. (se) (Entered: 03/30/2010)

March 2, 2010

March 2, 2010

59

NOTICE OF MOTION SHOWING RE MAILING OF SUBPOENA DUCES TECUM filed by Plaintiff Maurice P Olivier. (mp) (Entered: 03/08/2010)

March 5, 2010

March 5, 2010

58

RESPONSE OF CUSTODIAN OF RECORDS FOR YAGMAN & YAGMAN & REICHMANN TO ORDER TO SHOW CAUSE filed by Custodian of Record for Yagman & Yageman & Reichmann 56 (mp) (Entered: 03/08/2010)

March 8, 2010

March 8, 2010

61

MOTION Requesting Order for to Comply Pursuant to Fed.R.Civ.P. 45(c) filed by plaintiff Maurice P Olivier. (es) (Entered: 03/12/2010)

March 8, 2010

March 8, 2010

60

MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg re: PLAINTIFF'S MOTION TO COMPEL RE YAGMAN & YAGMAN & REICHMANN 54 . On March 8, 2010, the Custodian (Attorney Marion Yagman) filed a response and an accompanying declaration. According to the Custodian, due to a clerical error, the subpoena was not brought to her attention. She did not learn of the subpoena until receiving the Court's March 2 order. On March 4, 2010, she mailed to Plaintiff "copies of the complete contents of the file maintained for Mr. Olivier." Accordingly, Plaintiff's motion is DENIED as moot. (mp) (Entered: 03/10/2010)

March 9, 2010

March 9, 2010

62

SUPPLEMENTAL RESPONSE of Custodian of Records for Yagman & Yagman & Reichmann to Order to Show Cause filed by Plaintiff Maurice P Olivierto 56 (es)

March 11, 2010

March 11, 2010

64

MOTION Requesting an Extension of Time filed by plaintiff Maurice P Olivier. (es) (Entered: 03/24/2010)

March 23, 2010

March 23, 2010

65

MOTION for Order to Comply Pursuant to Fed.R.Civ.P 45(e) filed by plaintiff Maurice P Olivier. (es) (Entered: 03/24/2010)

March 23, 2010

March 23, 2010

66

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 64 Motion for Extension of Time. PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA AND REQUEST FOR EXTENSION OF TIME. Plaintiff is ORDERED, on or before April 8, 2010, to file a declaration indicating whether the documents requested in Category No. 4 relate to the exhaustion issue and,if so, how. Also on March 23, 2010, Plaintiff filed a request for an extension of time to file his supplemental opposition. Plaintiff's request is GRANTED. Plaintiff may have until April 29, 2010, to file a supplemental opposition. (mp) (Entered: 03/24/2010)

March 24, 2010

March 24, 2010

67

OBJECTIONS to Magistrate Judge's Order Pursuant to Fed.R.Civ.P 72(a) filed by Plaintiff Maurice P Olivier. (es) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

68

SUPPLEMENTAL Motion in Opposition Pursuant to Fed.R.Civ.P 45(a)(1) filed by plaintiff Maurice P Olivier. (es) (Entered: 03/26/2010)

March 26, 2010

March 26, 2010

69

(STRICKEN PER NOTICE DATED APRIL 13, 2010)OBJECTIONS to Magistrate Judge's Order on Motion for Order 63 filed by Plaintiff Maurice P Olivier. (se) Modified on 4/13/2010 (mp). (Additional attachment(s) added on 4/13/2010: # 1 Document Stricken) (mp). (Entered: 03/30/2010)

March 26, 2010

March 26, 2010

71

MINUTES IN CHAMBERS by Judge John F. Walter: ORDER OVERRULING Plaintiff's Objections to Magistrate Judge's Order 67 Pursuant to FRCP 72(a), the Court has reviewed the plaintiff's objections to Magistrate Judge's Order filed 3/17/2010 [Dkt. No. 63]. The Court concludes that the Magistrate Judge's Order is not clearly erroneous or contrary to law and overrules plaintiff's objections. (jp) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

72

OBJECTIONS to Magistrate Judge's Order Pursuant to Fed.R.Civ.P 72(a) filed by Plaintiff Maurice P Olivier. (es) (Entered: 04/06/2010)

April 5, 2010

April 5, 2010

73

DECLARATION of Maurice P. Olivier re Order on Motion for Extension of Time 66 filed by Plaintiff Maurice P Olivier. (mp) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

74

NOTICE OF CLERICAL ERROR Re: Objections − non−motion 69 . Duplicate entry due to clerical error. Document Number 69 is stricken. (mp) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

75

NOTICE OF DISCREPANCY AND ORDER: by Magistrate Judge Alicia G. Rosenberg, ORDERING Objection to Magistrate Judge's Order Pursuant to Fed. R. Civ. R. 72(a) submitted by Plaintiff Maurice P Olivier received on April 12, 2010 is not to be filed but instead rejected. Denial based on: Duplicate filing. The same document was received and filed on April 5, 2010. (Attachments: # 1 Objection) (mp) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

76

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: denying 65 PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA. Plaintiff's motion to compel (Dkt. No. 65) is DENIED without prejudice to Plaintiff's renewing the motion if the Court denies the motion to dismiss. (See Order for details.) (mp) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

77

NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 6/24/2010. A party may respond to another party's Objections within 14 days after being served with a copy of the Objections. (Attachments: # 1 Report and Recommendation of United States Magistrate Judge) (mp) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

78

REPORT AND RECOMMENDATION issued by Magistrate Judge Alicia G. Rosenberg Re MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT 39 . The Court submits this Report and Recommendation to the Honorable John F. Walter, United States District Judge, pursuant to 28 U.S.C. § 636 and General Order No. 05−07 of the United States District Court for the Central District of California. For the reasons set forth below, the Magistrate Judge recommends that Defendants' motion to dismiss the First Amended Complaint be granted in part and denied in part. (See Order for details.) (mp) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

79

OBJECTION to Report and Recommendation (Issued), Report and Recommendation (Issued), Report and Recommendation (Issued) 78 filed by DEFENDANTS Michael D. Antonovich, LeRoy Baca, Policarpio F. Enriquez, Don Knabe, Gloria Molina, Zey Yaroslavsky. (Attachments: # 1 Exhibit A − C)(Allen, Matthew) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

80

OBJECTION to Report and Recommendation 78 filed by plaintiff Maurice P Olivier.(es) (Entered: 06/25/2010)

June 24, 2010

June 24, 2010

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

82

REPLY TO OBJECTION to Report and Recommendation (Issued), Report and Recommendation (Issued), Report and Recommendation (Issued) 78 filed by DEFENDANTS Michael D. Antonovich, LeRoy Baca, Yvonne B. Burke, Policarpio F. Enriquez, Don Knabe, Gloria Molina, Zey Yaroslavsky.(Allen, Matthew) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

83

MOTION to Compel Pursuant to Fed.R.Civ.P 45(e) filed by plaintiff Maurice P Olivier. (es) (Entered: 07/21/2010)

July 20, 2010

July 20, 2010

84

MINUTES OF IN CHAMBERS ORDER by Magistrate Judge Alicia G. Rosenberg re: MOTION to Compel Pursuant to Fed.R.Civ.P 45(e) 83 . PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA. The ACLU of Southern California is ORDERED, on or before August 6, 2010, to file and serve a response to Plaintiff's motion to compel. Alternatively, the ACLU may produce all the documents to Plaintiff at Calipatria State Prison, CDC F−83603, Building D−5 #131, P.O.Box 5002, Calipatria, CA 92233. Despite the directions in the subpoena, the ACLU should not produce the subpoenaed documents to this Court. If the ACLU chooses to comply with the subpoena, it shall, on or before August 6, 2010, file and serve a Notice that it has done so. (mp) (Entered: 07/22/2010)

July 22, 2010

July 22, 2010

85

MOTION for Extension of Time and Copy of First Amended Complaint filed by plaintiff Maurice P Olivier. (es) (Entered: 07/27/2010)

July 26, 2010

July 26, 2010

86

MINUTES (IN CHAMBERS): ORDER by Magistrate Judge Alicia G. Rosenberg: granting 85 Motion for Extension of Time. PLAINTIFF'S REQUEST FOR EXTENSION OF TIME AND A COPY OF THE FIRST AMENDED COMPLAINT. The Court is in receipt of Plaintiff's "Motion Requesting Extension of Time and Copy of First Amended Complaint" filed on July 26, 2010. Plaintiff's request is GRANTED. IT IS HEREBY ORDERED that Plaintiff's Second Amended Complaint is due no later than September 7, 2010. The Clerk is directed to mail Plaintiff a copy of his First Amended Complaint. (mp) (Entered: 07/28/2010)

July 27, 2010

July 27, 2010

87

NOTICE of Compliance filed by Third Party Filer (se) (Entered: 08/10/2010)

Aug. 9, 2010

Aug. 9, 2010

89

SECOND AMENDED COMPLAINT against Defendant Leroy Baca; Party Policarpio F. Enriquez, Don Knabe, Gloria Molina, Zey Yaroslavsky, Michael D. Antonovich and Yvonne B. Burke terminated amending First Amended Complaint, 16 ,filed by Plaintiff Maurice P Olivier (mp) (Entered: 08/24/2010)

Aug. 23, 2010

Aug. 23, 2010

90

IN CHAMBERS: SECOND AMENDED COMPLAINT by Magistrate Judge Alicia G. Rosenberg. Plaintiff was correct not to name the dismissed defendants in the SAC. Plaintiff was also correct not to allege dismissed Claim Three. However, Plaintiff did not reallege Claim One. In addition, Plaintiff must state a request for relief. See Fed. R. Civ. P. 8(a)(3). Accordingly, Plaintiff is ORDERED to file a corrected SAC on or before September 16, 2010. ***See Order for further, important, details*** (ag) (Entered: 08/26/2010)

Aug. 25, 2010

Aug. 25, 2010

91

IN CHAMBERS: PLAINTIFF'S MOTION TO COMPEL RE ACLU SUBPOENA by Magistrate Judge Alicia G. Rosenberg. Accordingly, the ACLU of Southern California is ORDERED, on or before September 9, 2010, to file and serve a response to Plaintiff's motion to compel. Alternatively, the ACLU may produce the following documents to Plaintiff: (1) the documents described in Categories 1, 3, and 4; and (2) any additional responsive documents described in Category 2 (through August 2007). If the ACLU chooses to comply with the subpoena, it shall, on or before September 9, 2010, file and serve a Notice of Compliance that it has done so. ***See Order for further details*** (ag) (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

92

CORRECTED SECOND AMENDED COMPLAINT against defendant LeRoy Baca correcting Amended Complaint, 89 , filed by plaintiff Maurice P Olivier (es) (Entered: 09/15/2010)

Sept. 14, 2010

Sept. 14, 2010

93

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Corrected Second Amended Complaint filed by Defendant LeRoy Baca. Motion set for hearing on 10/26/2010 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Proposed Order)(Lee, Daniel) (Entered: 09/24/2010)

Sept. 24, 2010

Sept. 24, 2010

95

NOTICE of Compliance filed by ACLU of Southern California, Third Party Filer. (es) (Entered: 09/27/2010)

Sept. 24, 2010

Sept. 24, 2010

94

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Magistrate Judge Alicia G. Rosenberg ORDERING ThirdParty filer Notice of Compliance submitted by ThirdParty ACLU of Southern California received on 9/245/10 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk. (es) (Entered: 09/27/2010)

Sept. 27, 2010

Sept. 27, 2010

96

ORDER RE DEFENDANT'S MOTION TO DISMISS COMPLAINT and NOTICE TO PLAINTIFF OF THEREQUIREMENTS OF AN UNENUMERATED MOTION UNDER FEDERAL RULE 12(b) by Magistrate Judge Alicia G. Rosenberg. THIS NOTICE IS REQUIRED TO BE GIVEN TO YOU BY THE COURT. PLEASE READ THIS ORDER CAREFULLY. On September 24, 2010, defendants filed a Motion to Dismiss by which they seek to have your case dismissed on the ground that you failed to exhaust your administrative remedies. 93 Plaintiff is ORDERED to file his opposition to defendants' motion to dismiss no later than October 25, 2010. Defendants are ORDERED to serve and file a reply no later than November 24, 2010. The Court will take the motion under submission without oral argument as of the date defendants' reply is due. (See attached order for further details.) (Attachments: # 1 F.R.C.P. Rule 12) (es) (Entered: 09/28/2010)

Sept. 27, 2010

Sept. 27, 2010

97

MOTION IN OPPOSITION TO DISMISS PLAINTIFF'S CASE PURSUANT TO 42 U.S.C. SECTION 1997 (c)(a) AND FED.R.CIV.P. 12(b) MOTION to Dismiss Plaintiff's Corrected Second Amended Complaint 93 filed by Plaintiff Maurice P Olivier. (mp) (Entered: 10/13/2010)

Oct. 8, 2010

Oct. 8, 2010

98

REPLY in support of MOTION to Dismiss Plaintiff's Corrected Second Amended Complaint 93 filed by Defendant LeRoy Baca. (Lee, Daniel) (Entered: 11/24/2010)

Nov. 24, 2010

Nov. 24, 2010

99

DECLARATION of Dawn Abarca in support of MOTION to Dismiss Plaintiff's Corrected Second Amended Complaint 93 and Reply to Plaintiff's Opposition 98 filed by Defendant LeRoy Baca. (Lee, Daniel) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

101

NOTICE of Change of address Changing address to CTF State Prison, Rainier Hall #311U, P O Box 705, Soledad, CA 93960−0705. Filed by Plaintiff Maurice Pierre Olivier. (es) (Entered: 01/13/2011)

Jan. 11, 2011

Jan. 11, 2011

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: Yes

Plaintiffs

Plaintiff Description:

California County Jail seeks 42 USC 1983 relief after jail officials allegedly deprived him of basic needs, such as adequate sleep conditions and outdoor exercise.

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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably 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:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Medical/Mental Health:

Medication, administration of

Type of Facility:

Government-run