Case: Sassman v. Brown

2:14-cv-01679 | U.S. District Court for the Eastern District of California

Filed Date: July 16, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On July 16, 2014, a male prisoner in the custody of the California Department of Corrections filed a lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 against the California government. The plaintiff, represented by private counsel, asked the for declaratory and injunctive relief, claiming that California's blanket exclusion of male prisoners from the Alternative Custody Program (ACP) violated the Fourteenth Amendment to the U.S. Constitution. The …

On July 16, 2014, a male prisoner in the custody of the California Department of Corrections filed a lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 against the California government. The plaintiff, represented by private counsel, asked the for declaratory and injunctive relief, claiming that California's blanket exclusion of male prisoners from the Alternative Custody Program (ACP) violated the Fourteenth Amendment to the U.S. Constitution. The ACP is a community-based program aimed at reuniting low-level offenders with their families and providing inmates with rehabilitative services within the community. The plaintiff is a male prisoner with two children and an ailing mother with Stage IV colon cancer whom he wished to care for. He filed the lawsuit and requested a preliminary injunction, because he was rejected by CDCR from participating in the program for no other reason than that he is a man.

As originally enacted by the Legislature in 2010, the ACP could have been open to at least some men, although men would still have been required to be "primary caregivers of dependent children ... immediately prior to incarceration" while women applicants faced no such restriction. Nonetheless, when CDCR began offering the ACP in 2011, it limited access to female inmates and excluded all men. The Governor subsequently signed a statutory amendment writing this discrimination into law.

Defendants answered plaintiffs complaint, claiming that the plaintiff was not “similarly situated” to female prisoners for the purposes of equal protection analysis and that the ACP serves objectives that address the specific needs and unique characteristics of female inmates. On October 14, 2014, the court denied the plaintiff's motion for a preliminary injunction seeking to enjoin defendants from continuing to exclude male prisoners from the ACP because of their gender.

On January 30, 2015, both parties moved for summary judgement. The court granted the plaintiff's motion for summary judgement on September 9, 2015, stating that prohibiting male inmates from applying to the ACP was unconstitutional and enjoined the defendants from applying or enforcing the provision excluding men from the ACP. 2015 WL 5255422.

The defendants appealed on October 9, 2015, but on March 16, 2016, the parties voluntarily dismissed the appeal for unknown reasons. On April 14, 2016, the defendants filed a report in district court, outlining the changes it made in developing and implementing an Alternative Custody Program for male inmates. The defendants also submitted a copy of amended regulations governing the program, reflecting that it was now open to all regardless of gender. The case is now closed.

Summary Authors

Jessica Kincaid (8/4/2014)

Elena Malik (11/6/2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5949915/parties/sassman-v-brown/


Judge(s)

England, Morrison C. Jr. (California)

Newman, Kendall J (California)

Attorneys(s) for Plaintiff

Grunfeld, Gay Crosthwait (California)

Mantoan, Kathryn Grzenczyk (California)

Stout, Jesse Abram (California)

Swearingen, Richard Van (California)

Thompson, Blake (California)

Attorneys(s) for Defendant

Bower, Alicia Anne (California)

D'Agostino, Martine Noel (California)

Harris, Kamala D. (California)

Judge(s)

England, Morrison C. Jr. (California)

Newman, Kendall J (California)

Attorneys(s) for Plaintiff

Grunfeld, Gay Crosthwait (California)

Mantoan, Kathryn Grzenczyk (California)

Stout, Jesse Abram (California)

Swearingen, Richard Van (California)

Thompson, Blake (California)

Attorneys(s) for Defendant

Bower, Alicia Anne (California)

D'Agostino, Martine Noel (California)

Harris, Kamala D. (California)

Russell, Jay C. (California)

Sharma, Maneesh (California)

Documents in the Clearinghouse

Document

Docket [PACER]

April 14, 2016 Docket
1

Complaint for Declaratory and Injunctive Relief

July 16, 2014 Complaint
9

Defendants' Answer to Plaintiff's Complaint

Aug. 7, 2014 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5949915/sassman-v-brown/

Last updated May 20, 2022, 3:44 a.m.

ECF Number Description Date Link
1

COMPLAINT against Jeffrey A. Beard, Edmund G. Brown, Jr by William A. Sassman. Attorney Grunfeld, Gay Crosthwait added. (Filing fee $ 400, receipt number 0972−5423311) (Attachments: # 1 Civil Cover Sheet)(Grunfeld, Gay) (Entered: 07/16/2014)

July 16, 2014
14

NON-RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr on 8/20/14 re 2 Notice of Related Case: The Court has determined, that it is inappropriate to relate or reassign the cases, the therefore declines to do so. This order is issued for informational purposes only, and shall have no effect on the status of the cases, including any previous Related (or Non-Related) Case Order of this Court. (Meuleman, A)

Aug. 21, 2014 RECAP
38

MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr. on 10/14/2014. Plaintiff's 5 Motion for Preliminary Injunction is DENIED. Plaintiff's 22 Objections and Request to Strike is DENIED without prejudice. Defendants' 25 Motion to Strike is DENIED without prejudice. Plaintiff's 35 Motion for Reconsideration is DENIED in part. Plaintiff's 36 Motion to Shorten Time is GRANTED. Not later than 10/16/2014, government is required to respond to plaintiff& #039;s Request for accelerated Discovery and Summary Judgment schedule. Any Reply must be filed not later than 9:00 a.m. on 10/20/2014. In the meantime, scheduling deadlines are set as follows: A) Discovery i) All discovery, with the exception of Exp ert Discovery, shall be completed by 11/28/2014; ii) All expert discovery shall be completed by 12/31/2014. B) Motions for Summary Judgment i) Any Motion for Summary Judgment shall be filed not later than 1/30/2015; ii) Oppositions shall be filed not later than 2/20/2015; iii) Replies shall be filed not later than 3/5/2015; and iv) Motion for Summary Judgment Hearing is set on 3/19/2015 at 2:00 PM. (Marciel, M)

Oct. 14, 2014 RECAP
2

NOTICE of RELATED CASE 2:90−cv−00520 by William A. Sassman. (Grunfeld, Gay) (Entered: 07/16/2014)

July 16, 2014
44

MEMORANDUM and ORDER signed by Chief Judge Morrison C. England, Jr on 10/29/14 ORDERING Plaintiff's Motion to Strike 20 is GRANTED, but with leave to amend. Any amended answer must be filed not later than ten (10) days following the date this Order is electronically filed. (Becknal, R)

Oct. 29, 2014 RECAP
4

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent to Magistrate Judge, # 2 VDRP) (Mena−Sanchez, L) (Entered: 07/16/2014)

July 16, 2014
47

PRETRIAL SCHEDULING ORDER signed by Chief Judge Morrison C. England, Jr., on 11/20/14 ORDERING that all discovery, with the exception of expert discovery, shall be completed by 11/28/15. Designation of Expert Witnesses due by 12/31/15. Motions for summary judgment shall be heard on 3/19/15, motion for summary judgment filed by 1/30/15, opposition filed by 2/20/15, and reply filed by 3/5/15. (Kastilahn, A)

Nov. 21, 2014 RECAP
5

MOTION for PRELIMINARY INJUNCTION RELIEF by William A. Sassman. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Request, # 6 Proposed Order) (Grunfeld, Gay) Modified on 7/18/2014 (Donati, J). (Entered: 07/16/2014)

July 16, 2014
6

SUMMONS RETURNED EXECUTED: Edmund G. Brown, Jr served on 7/17/2014, answer due 8/7/2014. (Thompson, Blake) (Entered: 07/21/2014)

July 21, 2014
76

RELATED CASE ORDER signed by Chief Judge Morrison C. England, Jr. on 8/31/2015 FINDING that this matter is related to the action denominated 2:15-cv-01722 JAM AC within the meaning of Local Rule 123(a); REASSIGNING the related case to Chief Judge Morrison C. England, Jr. and Magistrate Judge Kendall J. Newman for all further proceedings; DIRECTING the Clerk of Court to make the appropriate adjustment in the assignment of civil cases to compensate for this reassignment. (Michel, G.)

Sept. 1, 2015 RECAP
77

MEMORANDUM AND ORDER signed by Chief Judge Morrison C. England, Jr. on 09/08/15 ORDERING that California's decision to open an alternative custody program to female inmates only and to permit them to apply for release up to two years prior to their earliest possible release date violates the Equal Protection Clause of 14th Amendment to the U.S. Constitution; defendant's 51 Motion for Summary Judgment is DENIED; plaintiff's 50 Motion for Summary Judgment is GRANTED; both 56 60 Motions to Strike are DENIED. Defendants are hereby enjoined and prohibited from applying and/or enforcing the female-only provisions of California Penal Code § 1170.05(a) and (c) in the implementation and administration of the ACP. CDCR shall immediately CEASE denying admission to the ACP on the basis that an applicant is male. Male prisoners shall be accepted into the ACP if they are otherwise eligible under Penal Code section 1170.05 and the implementing regulations. Within 30 calendar days, CDCR shall modify its website and any application forms, regulations, and materials provided to prisoners and the public about the ACP to remove any reference to the requirement that a prisoner must be female to apply or partici pate. This Order shall apply to defendants, their agents, employees, successors in office, and all persons with knowledge of it. No person who has notice of this injunction shall fail to comply with it, nor shall any person subvert the injunction by any sham, indirection, or other artifice. The Court retains jurisdiction to enforce the terms of this injunction. CASE CLOSED (Benson, A)

Sept. 9, 2015 RECAP
7

SUMMONS RETURNED EXECUTED: Jeffrey A. Beard served on 7/17/2014, answer due 8/7/2014. (Thompson, Blake) (Entered: 07/21/2014)

July 21, 2014
8

MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: The Court is in receipt of the Motion for Preliminary Injunction (ECF No. 5). The Motion as filed is deficient should be renoticed in compliance with Local Rule 230(a) before Chief Judge Morrison C. England, Jr. Accordingly, the 8/13/2014 hearing is vacated. Available law and motion dates can be located on the Court's website at: www.caed.uscourts.gov. (Deutsch, S) (Entered: 07/24/2014)

July 24, 2014
82

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 9/25/2015 ORDERING the plaintiff to file his application for attorneys' fees and costs by 12/4/2015. (Michel, G.)

Sept. 28, 2015 RECAP
98

ORDER signed by Chief Judge Morrison C. England, Jr on 11/30/2015 ORDERING 97 that the deadline for Plaintiff to file his application for attorneys' fees and costs is hereby EXTENDED up to and including 1/11/2016. (Reader, L)

Dec. 1, 2015 RECAP
9

ANSWER with Jury Demand by Jeffrey A. Beard, Edmund G. Brown, Jr. Attorney D'Agostino, Martine N. added. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 08/07/2014)

Aug. 7, 2014
100

MEMORANDUM, and ORDER signed by Chief Judge Morrison C. England, Jr on 12/15/15 ORDERING that Defendants' Motion to Modify Deadlines ECF No. 83 is GRANTED, and Plaintiff's Motion to Enforce Judgment ECF No. 88 is DENIED. The deadlines set forth in the conclusion of the Court's 9/9/15, Memorandum and Order ECF No. 77 , are hereby EXTENDED to 4/9/2016.(Mena-Sanchez, L)

Dec. 15, 2015 RECAP
10

RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr to 2 Notice of Related Case − ATY. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 08/07/2014)

Aug. 7, 2014
102

STIPULATION and ORDER signed by Judge John A. Mendez on 01/07/2016 ORDERING that the deadline for plaintiff to submit an application for attorneys' fees and costs is EXTENDED to 02/10/16. (Jackson, T)

Jan. 7, 2016 RECAP
11

NOTICE to RESCHEDULE HEARING on 5 MOTION for PRELIMINARY INJUNCTION : Motion Hearing set for 9/4/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Grunfeld, Gay) (Entered: 08/07/2014)

Aug. 7, 2014
12

[DISREGARD] RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr to 2 Notice of Related Case − ATY. Attorney Sharma, Maneesh added. (Attachments: # 1 Proof of Service)(Sharma, Maneesh) Modified on 8/18/2014 (docketed in wrong case) (Becknal, R). (Entered: 08/18/2014)

Aug. 18, 2014
104

STIPULATION AND ORDER signed by Chief Judge Morrison C. England, Jr. on 2/2/2016 ORDERING the plaintiff to file his application for attorneys' fees and costs by 3/11/2016. (Michel, G.)

Feb. 4, 2016 RECAP
13

REPLY by William A. Sassman re 2 Notice of Related Case − ATY. (Grunfeld, Gay) (Entered: 08/18/2014)

Aug. 18, 2014
15

OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 5 MOTION for PRELIMINARY INJUNCTION . (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 08/21/2014)

Aug. 21, 2014
16

REQUEST for JUDICIAL NOTICE by Jeffrey A. Beard, Edmund G. Brown, Jr in re 15 Opposition to Motion. (Attachments: # 1 Exhibit A)(D'Agostino, Martine) (Entered: 08/21/2014)

Aug. 21, 2014
17

DECLARATION of Jay Virbel re 15 Opposition to Motion. (D'Agostino, Martine) (Entered: 08/21/2014)

Aug. 21, 2014
18

DECLARATION of Martine D'Agostino re 15 Opposition to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(D'Agostino, Martine) (Entered: 08/21/2014)

Aug. 21, 2014
20

MOTION TO STRIKE all affirmative defenses and demand for jury trial re 9 Answer by William A. Sassman. Motion Hearing SET for 10/2/2014 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England, Jr. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Grunfeld, Gay) Modified on 8/29/2014 (Michel, G). (Entered: 08/28/2014)

Aug. 28, 2014
21

REPLY to 15 Opposition to 5 Motion for Preliminary Injunction by William A. Sassman. (Attachments: # 1 Declaration of Eldon Vail, # 2 Declaration of Jody Boyle, # 3 Declaration of Shirley Sassman, # 4 Declaration of Van Swearingen, # 5 Response to Defendants' Evidentiary Objections) (Grunfeld, Gay) Modified on 8/29/2014 (Michel, G). (Entered: 08/28/2014)

Aug. 28, 2014
22

OBJECTIONS and REQUEST TO STRIKE 17 Declaration of Jay Virbel by Plaintiff William A. Sassman. (Grunfeld, Gay) Modified on 8/29/2014 (Michel, G). (Entered: 08/28/2014)

Aug. 28, 2014
23

MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's on motion the 9/4/2014 Motion for Preliminary Injunction (ECF No. 5) is vacated and continued to 10/2/2014 at 2:00 p.m. in Courtroom 7. (Deutsch, S) (Entered: 08/29/2014)

Aug. 29, 2014
24

MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion, the October 2, 2014 Motion for Preliminary Injunction (ECF No. 5) and Plaintiff's Motion to Strike (ECF No. 20) are vacated and ADVANCED for oral argument to October 1, 2014 at 9:30 a.m. in Courtroom 7. The personal appearances of counsel are required and the Court will not entertain requests for telephonic appearances. (Deutsch, S) (Entered: 09/09/2014)

Sept. 9, 2014
25

MOTION to STRIKE the Declarations of Eldon Vail and Jody Boyle by defendants. Motion Hearing set for 10/1/2014 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proof of Service) (D'Agostino, Martine) Modified on 9/11/2014 (Marciel, M) (Entered: 09/10/2014)

Sept. 10, 2014
26

RESPONSE by defendants to plaintiff's Objections and 22 Request to Strike Declaration of Jay Virbel. (Attachments: # 1 Proof of Service) (Sharma, Maneesh) Modified on 9/11/2014 (Marciel, M) (Entered: 09/10/2014)

Sept. 10, 2014
27

JOINT STATUS REPORT by William A. Sassman. (Thompson, Blake) (Entered: 09/15/2014)

Sept. 15, 2014
28

OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 20 MOTION to STRIKE All Affirmative Defenses in Defendants' Answer and Defendants' Demand for Jury Trial . (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 09/17/2014)

Sept. 17, 2014
29

DECLARATION of Martine D'Agostino re 28 Opposition to Motion. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(D'Agostino, Martine) (Entered: 09/17/2014)

Sept. 17, 2014
30

PROPOSED ORDER re Granting Defendants' Motion for Leave to File an Amended Answer re 28 Opposition to Motion by Jeffrey A. Beard, Edmund G. Brown, Jr. (D'Agostino, Martine) (Entered: 09/17/2014)

Sept. 17, 2014
31

OPPOSITION by William A. Sassman to 25 Motion to Strike the Declarations of Eldon Vail and Jody Boyle. (Thompson, Blake) (Entered: 09/17/2014)

Sept. 17, 2014
32

REPLY re 20 Motion to Strike by William A. Sassman. (Thompson, Blake) Modified on 9/25/2014 (Michel, G). (Entered: 09/24/2014)

Sept. 24, 2014
33

MINUTES (Text Only) for proceedings held before Chief Judge Morrison C. England, Jr.: MOTIONS HEARING held on 10/1/2014. After argument from counsel, the Court denied the Plaintiff's Motion for Preliminary Injunction (ECF No. 5) and submitted the Plaintiff's Motion to Strike (ECF No. 20) and Defendants' Motion to Strike Declarations (ECF No. 25). A formal, written order is forthcoming. Plaintiff's Counsel Blake Thompson, present. Defendants' Counsel Martine D'Agostino, Jay Russell, Maneesh Sharma, present. Court Reporter: Michelle Babbitt. Interpreter none present. (Deutsch, S) (Entered: 10/01/2014)

Oct. 1, 2014
35

MOTION for RECONSIDERATION of 33 Denial of Preliminary Injunction by William A. Sassman. Motion Hearing set for 11/13/2014 at 2:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Declaration of Shirley Sassman, # 2 Declaration of Colin Spears, M.D., # 3 Declaration of Blake Thompson, # 4 Proposed Order granting Motion for Preliminary Injunctio, # 5 Proposed Order granting Motion) (Thompson, Blake) Modified on 10/14/2014 (Marciel, M) (Entered: 10/09/2014)

Oct. 9, 2014
36

MOTION to SHORTEN TIME for Plaintiff's Motion for Reconsideration of Denial of Preliminary Injunction by William A. Sassman. (Thompson, Blake) (Entered: 10/09/2014)

Oct. 9, 2014
37

RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr to 36 MOTION to SHORTEN TIME for Plaintiff's Motion for Reconsideration of Denial of Preliminary Injunction . (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 10/13/2014)

Oct. 13, 2014
39

RESPONSE by Jeffrey A. Beard, Edmund G. Brown, Jr., to 38 Order. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) Modified on 10/20/2014 (Kastilahn, A). (Entered: 10/16/2014)

Oct. 16, 2014
40

DECLARATION of Jill Brown re 39 Response. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(D'Agostino, Martine) (Entered: 10/16/2014)

Oct. 16, 2014
41

DECLARATION of Martine D'Agostino re 39 Response,. (D'Agostino, Martine) (Entered: 10/16/2014)

Oct. 16, 2014
42

DECLARATION of Mark Mackler re 39 Response,. (D'Agostino, Martine) (Entered: 10/16/2014)

Oct. 16, 2014
43

REPLY by William A. Sassman on MOTION for Reconsideration and Request for expedited briefing schedule 39 . (Attachments: # 1 Declaration of Blake Thompson)(Thompson, Blake) Modified on 10/20/2014 (Mena−Sanchez, L). (Entered: 10/19/2014)

Oct. 19, 2014
45

MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Plaintiff's Motion for Reconsideration (ECF No. 35) scheduled for hearing on 11/13/2014, is submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date.(Deutsch, S) (Entered: 11/04/2014)

Nov. 4, 2014
46

AMENDED ANSWER by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) Modified on 11/12/2014 (Mena−Sanchez, L). (Entered: 11/07/2014)

Nov. 7, 2014
48

DESIGNATION/DISCLOSURE of EXPERT WITNESS by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Exhibit A)(Sharma, Maneesh) (Entered: 12/31/2014)

Dec. 31, 2014
49

DESIGNATION/DISCLOSURE of EXPERT WITNESS by William A. Sassman. (Swearingen, Richard) (Entered: 12/31/2014)

Dec. 31, 2014
50

MOTION for SUMMARY JUDGMENT by William A. Sassman. Motion Hearing set for 3/19/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Statement of Undisputed Facts, # 3 Index of Exhibits, # 4 Declaration of Van Swearingen & Exs. A−N, # 5 Exhibit Exs. O−V of Swearingen Declaration, # 6 Exhibit Exs. W−DD of Swearingen Declaration, # 7 Declaration of William Sassman & Exs. A−H, # 8 Declaration of Sarah Fontaine & Exs. A−B, # 9 Declaration of Shean Collins, # 10 Request for Judicial Notice, # 11 Proposed Order)(Grunfeld, Gay) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)

Jan. 30, 2015
51

MOTION for SUMMARY JUDGMENT by Jeffrey A. Beard, Edmund G. Brown, Jr. Motion Hearing set for 3/19/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 01/30/2015)

Jan. 30, 2015
52

DECLARATION of Martine D'Agostino in SUPPORT OF 51 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(D'Agostino, Martine) (Entered: 01/30/2015)

Jan. 30, 2015
53

DECLARATION of Jill Brown in SUPPORT OF 50 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A − Part 1, # 2 Exhibit A − Part 2, # 3 Exhibit A − Part 3, # 4 Exhibit A − Part 4, # 5 Exhibit A − Part 5)(D'Agostino, Martine) (Entered: 01/30/2015)

Jan. 30, 2015
54

STATEMENT of Undisputed Material Facts by Defendants Jeffrey A. Beard, Edmund G. Brown, Jr re 51 MOTION for SUMMARY JUDGMENT. (D'Agostino, Martine) (Entered: 01/30/2015)

Jan. 30, 2015
55

PROPOSED ORDER re Granting Defendants' 51 Motion for Summary Judgment. (D'Agostino, Martine) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)

Jan. 30, 2015
56

MOTION to Exclude Expert Report and Testimony of Thomas G. Hoffman by Jeffrey A. Beard, Edmund G. Brown, Jr. Motion Hearing set for 3/19/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Sharma, Maneesh) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)

Jan. 30, 2015
57

DECLARATION of Maneesh Sharma in SUPPORT OF 56 Motion to Exclude Expert Report and Testimony of Thomas G. Hoffman. (Attachments: # 1 Exhibit A)(Sharma, Maneesh) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)

Jan. 30, 2015
58

PROPOSED ORDER re 56 Motion to Exclude Expert Report and Testimony of Thomas G. Hoffman by Jeffrey A. Beard, Edmund G. Brown, Jr. (Sharma, Maneesh) Modified on 2/10/2015 (Zignago, K.). (Entered: 01/30/2015)

Jan. 30, 2015
59

DESIGNATION of COUNSEL FOR SERVICE., attorney Kathryn Grzenczyk Mantoan terminated (Grunfeld, Gay) (Entered: 02/04/2015)

Feb. 4, 2015
61

OPPOSITION to 51 Motion for Summary Judgment by William A. Sassman. (Attachments: # 1 Declaration of Van Swearingen, # 2 Response to Separate Statement of Undisputed Material Facts) (Grunfeld, Gay) Modified on 2/23/2015 (Michel, G.). (Entered: 02/20/2015)

Feb. 20, 2015
62

OPPOSITION to 50 Motion for Summary Judgment by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Declaration of Rodger Meier, # 2 Exhibit A, # 3 Declaration of Martine D'Agostino, # 4 Exhibit A, # 5 Exhibit B, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Response to Separate Statement of Undisputed Material Facts) (D'Agostino, Martine) Modified on 2/23/2015 (Michel, G.). (Entered: 02/20/2015)

Feb. 20, 2015
63

REPLY by Jeffrey A. Beard, Edmund G. Brown, Jr re 51 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Proof of Service)(D'Agostino, Martine) (Entered: 03/05/2015)

March 5, 2015
64

DECLARATION of Martine D'Agostino re 63 Reply. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(D'Agostino, Martine) (Entered: 03/05/2015)

March 5, 2015
65

DECLARATION of Robin Harrington re 63 Reply. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(D'Agostino, Martine) (Entered: 03/05/2015)

March 5, 2015
66

REPLY by William A. Sassman re 50 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Declaration of Van Swearingen in Support of Plaintiff's Motion for Summary Judgment and in Opposition to Defendants' Motion to Exclude Thomas Hoffman)(Grunfeld, Gay) (Entered: 03/05/2015)

March 5, 2015
67

OPPOSITION by William A. Sassman to 56 MOTION to Exclude Expert Report and Testimony of Thomas G. Hoffman. (Grunfeld, Gay) (Entered: 03/05/2015)

March 5, 2015
68

OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 60 MOTION to STRIKE Reports and Testimony of Messina . (Attachments: # 1 Declaration Dr. Nena Messina)(Sharma, Maneesh) (Entered: 03/05/2015)

March 5, 2015
69

MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g) the Plaintiff's Motion for Summary Judgment (ECF No. 50), Defendant's Motion for Summary Judgment (ECF No. 51) and Plaintiff's Motions to Strike (ECF No. 56 and 60), scheduled for hearing on March 19, 2015, are submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. (Deutsch, S) (Entered: 03/11/2015)

March 11, 2015
70

REPLY in support of 60 Motion to Strike Reports and Testimony of Nena Messina by William A. Sassman. (Grunfeld, Gay) Modified on 3/13/2015 (Michel, G.). (Entered: 03/12/2015)

March 12, 2015
71

DECLARATION of Van Swearingen in support of 60 Motion to Strike Reports and Testimony of Nena Messina. (Swearingen, Richard) Modified on 3/13/2015 (Michel, G.). (Entered: 03/12/2015)

March 12, 2015
72

REPLY in support of 56 Motion to Exclude Expert Report and Testimony of Thomas G. Hoffman by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Proof of Service) (Sharma, Maneesh) Modified on 3/13/2015 (Michel, G.). (Entered: 03/12/2015)

March 12, 2015
73

DECLARATION of Maneesh Sharma re 72 Reply. (Attachments: # 1 Exhibit A) (Sharma, Maneesh) (Entered: 03/12/2015)

March 12, 2015
74

NOTICE of Supplemental Authority by William A. Sassman. (Grunfeld, Gay) (Entered: 06/30/2015)

June 30, 2015
78

JUDGMENT dated *09/09/15* pursuant to order signed by Chief Judge Morrison C. England, Jr. on 09/09/15. (Benson, A) (Entered: 09/09/2015)

Sept. 9, 2015
79

STIPULATION and PROPOSED ORDER for Extension of Time for Application for Fees and Costs by William A. Sassman. (Grunfeld, Gay) (Entered: 09/21/2015)

Sept. 21, 2015
80

BILL of COSTS SUBMITTED by William A. Sassman. (Thompson, Blake) (Entered: 09/23/2015)

Sept. 23, 2015
81

NOTICE of CHANGE of ADDRESS by Richard Van Swearingen. (Swearingen, Richard) (Entered: 09/25/2015)

Sept. 25, 2015
83

MOTION TO MODIFY DEADLINES in the 9/9/15 ORDER [FED. R. CIV. P. 60(b)(6)] by Jeffrey A. Beard, Edmund G. Brown, Jr. Attorney Bower, Alicia Anne added. Motion Hearing set for 11/12/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Bower, Alicia) Modified on 10/9/2015 (Kastilahn, A). (Entered: 10/07/2015)

Oct. 7, 2015
84

DECLARATION of Jay Virbel re 83 MOTION TO MODIFY DEADLINES IN SEPTEMBER 9, 2015 ORDER [FED. R. CIV. P. 60(b)(6)]. (Attachments: # 1 Exhibit A)(Bower, Alicia) (Entered: 10/07/2015)

Oct. 7, 2015
85

PROPOSED ORDER re 83 DEFENDANTS' MOTION TO MODIFY DEADLINES in the 9/9/15 Order [FED. R. CIV. P. 60(b)(6)] by Jeffrey A. Beard, Edmund G. Brown, Jr. (Bower, Alicia) Modified on 10/9/2015 (Kastilahn, A). (Entered: 10/07/2015)

Oct. 7, 2015
86

NOTICE of APPEAL by Jeffrey A. Beard, Edmund G. Brown, Jr. (Filing fee $ 505, receipt number 0972−6118563) (Attachments: # 1 Exhibit Attachments A & B)(D'Agostino, Martine) (Entered: 10/09/2015)

Oct. 9, 2015
88

MOTION to ENFORCE JUDGMENT by William A. Sassman. Motion Hearing set for 11/12/2015 at 02:00 PM in Courtroom 7 (MCE) before Chief Judge Morrison C. England Jr.. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration of Blake Thompson, # 3 Declaration of Bayardo Escobar, # 4 Proposed Order)(Thompson, Blake) Modified on 10/19/2015 (Zignago, K.). (Entered: 10/15/2015)

Oct. 15, 2015
89

COSTS TAXED in amount of $ 11,963.56 against Defendants. (Kaminski, H) (Entered: 10/20/2015)

Oct. 19, 2015
90

OPPOSITION by Jeffrey A. Beard, Edmund G. Brown, Jr to 88 MOTION to ENFORCE JUDGMENT . (D'Agostino, Martine) (Entered: 10/29/2015)

Oct. 29, 2015
91

DECLARATION of Jay Virbel re 90 Opposition to Motion. (D'Agostino, Martine) (Entered: 10/29/2015)

Oct. 29, 2015
92

OPPOSITION by William A. Sassman to 83 MOTION TO MODIFY DEADLINES IN SEPTEMBER 9, 2015 ORDER. (Attachments: # 1 Declaration of Blake Thompson. (Thompson, Blake) Modified on 10/29/2015 (Kaminski, H). (Entered: 10/29/2015)

Oct. 29, 2015
93

DESIGNATION OF COUNSEL FOR SERVICE: Attorney Jesse Abram Stout TERMINATED. (Thompson, Blake) (Entered: 11/05/2015)

Nov. 5, 2015
94

REPLY re 88 Motion to Enforce Judgment by William A. Sassman. (Thompson, Blake) Modified on 11/25/2015 (Michel, G.). (Entered: 11/05/2015)

Nov. 5, 2015
95

REPLY in support of 83 Motion to Modify Deadlines re 77 Memorandum and Order by Jeffrey A. Beard, Edmund G. Brown, Jr. (Attachments: # 1 Declaration of Jay Virbel) (D'Agostino, Martine) Modified on 11/25/2015 (Michel, G.). (Entered: 11/05/2015)

Nov. 5, 2015
96

MINUTE ORDER (Text Only) issued by courtroom deputy for Chief District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule 230(g), the Defendants' Motion to Modify Deadlines (ECF No. 93) and Plaintiffs' Motion to Enforce Judgment (ECF No. 88), both scheduled for hearing on November 12, 2015, are submitted without oral argument and the hearing is vacated. If the Court determines that oral argument is needed it will be scheduled at a later date. Any outstanding request for telephonic appearance is denied as moot. (Deutsch, S) (Entered: 11/09/2015)

Nov. 9, 2015
97

STIPULATION and PROPOSED ORDER for Extension of Time to File Fee Application by William A. Sassman. (Grunfeld, Gay) (Entered: 11/19/2015)

Nov. 19, 2015
99

USCA CASE NUMBER 15−17052 for 86 Notice of Appeal filed by Jeffrey A. Beard, Edmund G. Brown, Jr.. (Zignago, K.) (Entered: 12/01/2015)

Dec. 1, 2015
101

STIPULATION and PROPOSED ORDER for extension of time to file fee application by William A. Sassman. (Grunfeld, Gay) Modified on 12/23/2015 (Marciel, M) (Entered: 12/23/2015)

Dec. 23, 2015
103

STIPULATION and PROPOSED ORDER for Extension of Time to File Fee Application by William A. Sassman. (Grunfeld, Gay) (Entered: 01/29/2016)

Jan. 29, 2016
105

NOTICE by William A. Sassman re CDCR non−compliance with 77 Order (Zignago, K.) (Entered: 02/17/2016)

Feb. 16, 2016
106

ORDER and MANDATE of USCA as to 86 Notice of Appeal: Pursuant to the stipulation of the parties, this appeal is voluntarily dismissed. Fed. R. App. P. 42(b). The parties agree to bear their own costs and attorneys' fees on appeal. (Benson, A) (Entered: 03/16/2016)

March 16, 2016

State / Territory: California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: July 16, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A male prisoner in the custody of the California Department of Corrections who was rejected from the Alternative Custody Program because he was male

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California, State

California Department of Corrections and Rehabilitation, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Voluntary Dismissal

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Conditions of confinement

Rehabilitation

Totality of conditions

Youth / Adult separation

Discrimination-basis:

Sex discrimination

Affected Gender:

Male

Type of Facility:

Government-run