Case: Hazle v. Crofoot

2:08-cv-02295 | U.S. District Court for the Eastern District of California

Filed Date: Sept. 29, 2008

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 29, 2008, former prisoner in California filed this lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 and California state law, against the state Department of Corrections and Rehabilitation and several of its officials. The plaintiff also sued WestCare California, Inc. and Mental Health Systems, Inc., corporations that contract with the state to provide treatment facilities for parolees with drug-related convictions. (Mental Health Sys…

On September 29, 2008, former prisoner in California filed this lawsuit in the U.S. District Court for the Eastern District of California under 42 U.S.C. § 1983 and California state law, against the state Department of Corrections and Rehabilitation and several of its officials. The plaintiff also sued WestCare California, Inc. and Mental Health Systems, Inc., corporations that contract with the state to provide treatment facilities for parolees with drug-related convictions. (Mental Health Systems was later voluntarily dismissed from the suit.) The plaintiff, represented by private counsel, asked the court for damages and injunctive relief, claiming that the defendants violated his rights under the First Amendment's Establishment Clause when they forced him as a condition of his parole to participate in a residential treatment program that required him to acknowledge a higher power. Specifically, the plaintiff alleged that he was an atheist and that the defendants denied his requests to be placed in a secular rehabilitation program and then revoked his parole and incarcerated him when he refused to cooperate. The plaintiff also claimed that the state's religion-based treatment policies constituted an unlawful expenditure of state funds under California law. He sought an injunction to prevent California from using state funds in implementing and administering these policies.

The plaintiff was incarcerated on drug-related charges at a California state prison in February 2006. A year later, he was released on parole on the condition that he participate in a twelve-step drug-treatment program. The program was religion based and required that participants acknowledge a supernatural power and engage in prayer as part of the recovery process. As an atheist, the plaintiff informed the defendants that such a program violated his beliefs, and he requested to be transferred to a secular program. The defendants responded that the state lacked secular treatment options, but they nevertheless invited the plaintiff to file an inmate/parolee appeal to ask for a change in his parole conditions. The plaintiff appealed on April 3, 2007. Three days later, state officials referred the plaintiff to the parole board for violating his parole by refusing to participate in the rehabilitation program. The plaintiff was arrested that day and incarcerated in a state prison for more than 100 days.

On April 7, 2010, the Court (Judge Garland E. Burrell, Jr.) ruled in favor of the plaintiff and against the state defendants on the Section 1983 claim, holding that the state violated the plaintiff's Establishment Clause rights by forcing him to participate in the religion-based rehabilitation program as a condition of his parole. 2010 WL 1407966 (E.D. Cal. Apr. 7, 2010). As to defendant WestCare, however, the Court determined that it was not liable for the Section 1983 violation because the plaintiff had failed to establish that WestCare caused the deprivation of his rights. The Court also rejected the plaintiff's state law claim against WestCare for injunctive relief. More specifically, it held that this taxpayer injunction claim was moot because the state had recently issued a directive mandating that individuals have the option of enrolling in secular treatment programs. On August 11, in an unpublished opinion, the Court (Judge Burrell) denied for similar reasons the plaintiff's request for injunctive relief against the state defendants.

After finding the state defendants liable for violating Section 1983, the Court (Judge Burrell) held a jury trial in June 2010 on the issue of damages. The jury awarded no damages to the plaintiff after a two-day trial, and the Court entered a judgment in accordance with this verdict. The plaintiff then asked for a new trial, claiming that the jury verdict was contrary to law and the weight of the evidence. On January 13, 2011, the Court (Judge Burrell) denied the plaintiff's request. 2011 WL 121643 (E.D. Cal. Jan. 13, 2011). It held that the plaintiff had waived his right to challenge the verdict by failing to object to it before the jury was discharged and that the jury's verdict was consistent with its finding that none of the defendants caused the plaintiff's harms. The plaintiff appealed this ruling to the U.S. Court of Appeals for the Ninth Circuit on February 10, 2011.

On August 23, 2013, the Ninth Circuit (Judge Dorothy W. Nelson, Judge Stephen Reinhardt, and Judge Milan D. Smith, Jr.) reversed the district court's denial of a new trial and remanded the case for a determination of damages. Hazle v. Crofoot, 727 F.3d 983 (9th Cir. 2013). The Court began its opinion by noting that the plaintiff's failure to object to the jury's zero-damages verdict at trial did not constitute a waiver of his right to challenge that verdict. Turning to the validity of the verdict itself, the Court then held that because the district court found the state defendants liable for infringing the plaintiff's First Amendment rights the jury was not entitled to decline awarding the plaintiff compensatory damages. The Ninth Circuit also reversed the district court's holding that WestCare did not cause the plaintiff's injuries and therefore was not liable under Section 1983. Finally, the Court reversed and remanded the district court's determination that the plaintiff's state law injunction claim was moot, holding that undisputed evidence indicated that the mandate about secular treatment programs had yet to be meaningfully implemented.

The parties then initiated settlement negotiations and eventually reached an agreement. On October 15, 2014, the district court dismissed the action with prejudice pursuant to the parties' stipulation for voluntary dismissal. According to the plaintiff's press release, reported in several newspapers, under the agreement, the plaintiff received $1.95 million ($1 million from the state and $925,000 from WestCare). This sum included attorneys' fees. The reports include no mention of any injunctive-like terms.

Summary Authors

Brian Tengel (2/8/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5805595/parties/hazle-v-crofoot/


Judge(s)

Burrell, Garland Ellis Jr. (California)

Nelson, Dorothy Wright (California)

Reinhardt, Stephen Roy (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Heller, John G. (California)

Scheibli, Michael A. (California)

Attorneys(s) for Defendant

Bonetati, Marilyn L. (California)

Edborg, Michelle Catherine (California)

Hamerling, Jeffrey M. (California)

Irby, Todd Darrow (California)

Judge(s)

Burrell, Garland Ellis Jr. (California)

Nelson, Dorothy Wright (California)

Reinhardt, Stephen Roy (California)

Smith, Milan Dale Jr. (California)

Attorneys(s) for Plaintiff

Heller, John G. (California)

Scheibli, Michael A. (California)

Attorneys(s) for Defendant

Bonetati, Marilyn L. (California)

Edborg, Michelle Catherine (California)

Hamerling, Jeffrey M. (California)

Irby, Todd Darrow (California)

Maire, Wayne H. (California)

Whitney, Vickie Pochelle (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 15, 2014 Docket
2

Complaint for Damages and Injunctive Relief

2008 WL 8130822

Sept. 29, 2008 Complaint
87

Order Granting Plaintiff's Motion for Partial Summary Judgment, Granting Defendant Westcare's Motion for Summary Judgment, and Denying Plaintiff's Cross-Motion for Partial Summary Judgment

2010 WL 1407966

April 7, 2010 Order/Opinion
170

Order Granting Defendants' Motion for Partial Summary Judgment

Aug. 11, 2010 Order/Opinion
178

Order Denying Motion for New Trial

2011 WL 121643

Jan. 12, 2011 Order/Opinion

Opinion

U. S. Court of Appeals for the Ninth Circuit

727 F.3d 983

Aug. 23, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5805595/hazle-v-crofoot/

Last updated May 20, 2022, 3:52 a.m.

ECF Number Description Date Link
1

CIVIL COVER SHEET by Barry A. Hazle, Jr. (Heller, John) (Entered: 09/29/2008)

Sept. 29, 2008
20

ORDER signed by Judge Garland E. Burrell, Jr on 12/02/2008 DENYING 16 Application for Order to Correct Typographical Error in Caption and Directing Clerk to Re-Issue Summons. (Streeter, J)

Dec. 3, 2008 RECAP
24

ORDER to SHOW CAUSE signed by Judge Garland E. Burrell, Jr on 1/12/09. Plaintiff is ORDERED to Show Cause in writing no later than 4:00 PM on 2/4/2009, why sanctions should not be imposed against him and/or his counsel for failure to file a timely status report. The Status Conference is RESET for 2/17/2009 at 09:00 AM. (Mena-Sanchez, L)

Jan. 13, 2009 RECAP
2

COMPLAINT against all defendants by Barry A. Hazle, Jr..(Heller, John) (Entered: 09/29/2008)

Sept. 29, 2008
34

ORDER signed by Judge Garland E. Burrell, Jr on 3/16/09 ORDERING that Defendants' MOTION to DISMISS filed 1/23/09 28 is DEEMED WITHDRAWN since Defendants do not elect to proceed with the Motion at this time. (Mena-Sanchez, L)

March 16, 2009 RECAP
4

SUMMONS ISSUED as to *Brenda Wilding, Matthew Cate, Scott Kernan, Tim Hoffman, Marion Smith, Deputy Jallings, Westcare, Mental Health Systems Inc., Mitch Crofoot* with answer to complaint due within *20* days. Attorney *John G. Heller* *650 California Street* *19th Floor* *San Francisco, CA 96001*. (Carlos, K) (Entered: 09/29/2008)

Sept. 29, 2008
5

CIVIL NEW CASE DOCUMENTS ISSUED; Initial Scheduling Conference set for 1/20/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 VDRP Forms, # 2 Consent Forms) (Carlos, K) (Entered: 09/29/2008)

Sept. 29, 2008
43

ORDER signed by Judge Garland E. Burrell, Jr. on 09/29/09 DENYING Westcare's 37 Motion to Bring in Third party dft. (Benson, A.)

Sept. 30, 2009 RECAP
44

ORDER Report of Pro Se Prisoner Early Settlement Proceeding; case did not settle signed by Magistrate Judge Nandor J Vadas on 10/21/09. (Masterson, G)

Oct. 21, 2009 RECAP

RECEIPT number #CAE200010653 $350.00 by John G. Heller on 9/29/2008 for civil filing fee. (Carlos, K) (Entered: 10/02/2008)

Oct. 2, 2008
77

RDER signed by Judge Garland E. Burrell, Jr., on 1/21/10, ORDERING that dfts' opposition to pltf's cross motion shall be filed by February 5, 2010. Any reply shall be filed by February 12, 2010. The cross motion will be heard on February 22, 2010 at 9:00 a.m. (Kastilahn, A)

Jan. 22, 2010 RECAP
6

SUMMONS RETURNED EXECUTED by Barry A. Hazle, Jr.. Matthew Cate served on 10/9/2008, answer due 10/29/2008. (Heller, John) (Entered: 10/13/2008)

Oct. 13, 2008
7

SUMMONS RETURNED EXECUTED by Barry A. Hazle, Jr.. Scott Kernan served on 10/9/2008, answer due 10/29/2008. (Heller, John) (Entered: 10/13/2008)

Oct. 13, 2008
87

ORDER signed by Judge Garland E. Burrell, Jr. on 4/6/2010 ORDERING Pltf's 48 partial motion for summary judgment is GRANTED, Westcare's 47 motion for summary judgment is GRANTED and Pltf's 56 cross-motion for summary judgment is DENIED. Westcare prevails on its argument that Plt's request for injunction is DENIED. (Engbretson, K.)

April 7, 2010 RECAP
8

SUMMONS RETURNED EXECUTED by Barry A. Hazle, Jr.. Deputy Jallings served on 10/9/2008, answer due 10/29/2008. (Heller, John) (Entered: 10/13/2008)

Oct. 13, 2008
100

ORDER Setting Settlement Conference in prisoner settlement program for June 10, 2010 at 1:30 in Courtroom F, San Francisco, CA signed by Magistrate Judge Nandor J Vadas on 5/25/10. (Masterson, G)

May 25, 2010 RECAP
142

ORDER vacating June 10, 2010 further settlement conference signed by Magistrate Judge Nandor J Vadas on June 9, 2010. (Masterson, G)

June 9, 2010 RECAP
10

SUMMONS RETURNED EXECUTED by Barry A. Hazle, Jr.. Mitch Crofoot served on 10/15/2008, answer due 11/4/2008. (Heller, John) (Entered: 10/20/2008)

Oct. 20, 2008
11

SUMMONS RETURNED EXECUTED by Barry A. Hazle, Jr.. Brenda Wilding served on 10/15/2008, answer due 11/4/2008. (Heller, John) (Entered: 10/20/2008)

Oct. 20, 2008
148

ORDER signed by Judge Garland E. Burrell, Jr. on 6/17/2010. Plaintiff's 104 105 107 108 109 110 Motions in Limine are DENIED. But plaintiff's 106 Motion In Limine No. 3 is GRANTED in part and DENIED in part. Defendants' 101 Motion in Limine to restrict all non-party witnesses from entering Courtroom until called to testify is GRANTED. Defendants' 102 Motion in Limine to exclude testimony of plaintiff witnesses is DENIED. (Marciel, M)

June 17, 2010 RECAP
170

ORDER signed by Judge Garland E. Burrell, Jr. on 08/10/10 GRANTING dfts' 162 Motion for Summary Judgment. (Benson, A.)

Aug. 11, 2010 RECAP
12

STIPULATION and PROPOSED ORDER by Matthew Cate, Scott Kernan, Deputy Jallings. Attorney Irby, Todd Darrow added. (Attachments: # 1 Proposed Order)(Irby, Todd) (Entered: 10/22/2008)

Oct. 22, 2008
178

ORDER signed by Judge Garland E. Burrell, Jr on 1/12/2011 DENYING 164 Hazle's Motion for New Trial. (Reader, L)

Jan. 13, 2011 RECAP
13

STIPULATION for an extension of time to file a responsive pleading by Marion Smith, Mental Health Systems Inc. Attorney Hamerling, Jeffrey M. added. (Hamerling, Jeffrey) Modified on 11/3/2008 (Manzer, C). (Entered: 10/31/2008)

Oct. 31, 2008
194

ORDER signed by Judge Garland E. Burrell, Jr. on 7/14/2014 CONTINUING the Status (Pretrial Scheduling) Conference to 8/4/2014 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell, Jr. ORDERING that a further joint status report be filed fourteen (14) days prior to the Status Conference. (Michel, G) Modified on 7/16/2014 (Michel, G).

July 15, 2014 RECAP
14

SUMMONS RETURNED EXECUTED by Barry A. Hazle, Jr.. Marion Smith served on 10/24/2008, answer due 11/13/2008. (Heller, John) (Entered: 11/14/2008)

Nov. 14, 2008
198

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 9/4/14 197 . IT IS HEREBY ORDERED that the deadline to file motions to amend the complaint and reopen discovery is CONTINUED to 10/13/14. (Meuleman, A)

Sept. 5, 2014 RECAP
15

NOTICE of Errata by Barry A. Hazle, Jr. re 2 Complaint. (Heller, John) (Entered: 11/18/2008)

Nov. 18, 2008
16

APPLICATION for Order to Correct Typographical Error in Caption and Directing Clerk to Re−Issue Summons by Barry A. Hazle, Jr.. (Heller, John) (Entered: 11/24/2008)

Nov. 24, 2008
17

DECLARATION of Tamora Horen re 16 Application − ATY. (Heller, John) (Entered: 11/24/2008)

Nov. 24, 2008
18

PROPOSED ORDER directing clerk to re−issue summons by Barry A. Hazle, Jr.. (Heller, John) (Entered: 11/24/2008)

Nov. 24, 2008
19

NOTICE of VOLUNTARY DISMISSAL by Barry A. Hazle, Jr.. (Heller, John) (Entered: 12/02/2008)

Dec. 2, 2008
21

ANSWER to COMPLAINT by Westcare. Attorney Bonetati, Marilyn L. added.(Bonetati, Marilyn) (Entered: 12/04/2008)

Dec. 4, 2008
22

STATEMENT of Corporate Disclosure Statement of Defendant Westcare California, Inc. by Defendant Westcare. (Bonetati, Marilyn) (Entered: 12/04/2008)

Dec. 4, 2008
23

SUMMONS RETURNED EXECUTED by Barry A. Hazle, Jr.. Tim Hoffman served on 12/10/2008, answer due 12/30/2008. (Heller, John) (Entered: 12/12/2008)

Dec. 12, 2008
25

RESPONSE to 24 ORDER to SHOW CAUSE by Barry A. Hazle, Jr. (Heller, John) Modified on 1/14/2009 (Duong, D). (Entered: 01/13/2009)

Jan. 13, 2009
26

CLERK'S NOTICE OF DOCKET CORRECTION and CIVIL NEW CASE DOCUMENTS ISSUED; after Clerk reviewed the docket it was discovered that the initial scheduling order was never issued on 9/29/2008. Initial Scheduling Conference SET for 2/17/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Waggoner, D) (Entered: 01/22/2009)

Jan. 22, 2009
28

MOTION to DISMISS by Matthew Cate, Scott Kernan, Tim Hoffman. Motion Hearing set for 4/20/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Points and Authorities, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Irby, Todd) (Entered: 01/23/2009)

Jan. 23, 2009
29

CERTIFICATE of SERVICE by Barry A. Hazle, Jr.. of Order Setting Status (Pretrial Scheduling) Conference (Heller, John) (Entered: 01/23/2009)

Jan. 23, 2009
30

CONSENT to VDRP by Barry A. Hazle, Jr..(Heller, John) (Entered: 01/30/2009)

Jan. 30, 2009
31

JOINT STATUS REPORT by Barry A. Hazle, Jr.. (Heller, John) (Entered: 01/30/2009)

Jan. 30, 2009
32

STATUS (PRETRIAL SCHEDULING) ORDER signed by Judge Garland E. Burrell, Jr on 2/12/09 ORDERING: Discovery due by 11/25/2009. The last hearing date for motions shall be 1/25/2010 at 9:00 AM. Final Pretrial Conference set for 3/29/2010 at 11:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. Jury Trial set for 6/22/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Donati, J) (Entered: 02/12/2009)

Feb. 12, 2009
33

STIPULATION and PROPOSED ORDER for mediation before Judge Vadas and Continuing Hearing on Motion to Dismiss by Barry A. Hazle, Jr.. (Heller, John) (Entered: 03/13/2009)

March 13, 2009
35

STIPULATION and PROPOSED ORDER for Extension of Discovery Deadlines to 1/8/2010 by Barry A. Hazle, Jr. (Heller, John) (Entered: 07/22/2009)

July 22, 2009
36

NOTICE OF MOTION To Bring in a Third Party Defendant by Westcare. Attorney Edborg, Michelle Catherine added. Motion Hearing set for 9/14/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Edborg, Michelle) Modified on 8/17/2009 (Becknal, R). (Entered: 08/12/2009)

Aug. 12, 2009
37

MOTION To BRING IN A THIRD PARTY DEFENDANT by Westcare. Motion Hearing set for 9/14/2009 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Edborg, Michelle) Modified on 8/17/2009 (Becknal, R). (Entered: 08/12/2009)

Aug. 12, 2009
38

NOTICE of Lodgment of Third Party Complaint by Westcare re 36 MOTION To Bring in a Third Party Defendant. (Edborg, Michelle) (Entered: 08/12/2009)

Aug. 12, 2009
39

STATEMENT of Non−Opposition to Westcare's Motion to Bring in Third Party Defendant by Plaintiff Barry A. Hazle, Jr.. (Heller, John) (Entered: 08/28/2009)

Aug. 28, 2009
40

STATEMENT of NON−OPPOSITION by Brenda Wilding, Matthew Cate, Scott Kernan, Tim Hoffman, Deputy Jallings, Mitch Crofoot to 37 MOTION To bring in a third party defendant. (Irby, Todd) (Entered: 08/31/2009)

Aug. 31, 2009
41

MINUTE ORDER: The stipulation filed on 7/22/09, is approved. re 35 Stipulation and Proposed Order Ordered by Judge Garland E. Burrell, Jr on 9/9/09. (Furstenau, S) (Entered: 09/09/2009)

Sept. 9, 2009
42

MINUTE ORDER: The Motion to Add Third Party Defendant, scheduled for hearing on 9/14/09, is submitted without oral argument. There will not be a hearing on 9/14/09, and no appearance is necessary. re 37 Motion for Miscellaneous Relief Ordered by Judge Garland E. Burrell, Jr on 9/11/09. (Furstenau, S) (Entered: 09/11/2009)

Sept. 11, 2009
45

SUBSTITUTION of ATTORNEY − PROPOSED, submitted by Westcare. (Maire, Wayne) (Entered: 10/28/2009)

Oct. 28, 2009
46

ORDER signed by Judge Garland E. Burrell, Jr on 10/29/2009 SUBSTITUTING ATTORNEY Wayne H. Maire for Westcare in place of Marilyn L. Bonetati and Michele C. Edborg. (Matson, R) (Entered: 10/29/2009)

Oct. 29, 2009
47

MOTION for SUMMARY JUDGMENT by Westcare. Motion Hearing set for 1/25/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Attachments: # 1 Points and Authorities in Support of Motion for Summary Judgment or, In the Alternative, Summary Adjudication of Issues, # 2 Statement of Undisputed Facts in Support of Motion for Summary Judgment, or, In the Alternative, Summary Adjudication of Issues, # 3 Declaration of Wayne H. Maire In Support of Motion for Summary Judgment Or, In the Alternative, Summary Adjudication of Issues, # 4 Declaration of Patty Nealy in Support of Motion for Summary Judgment, or In the Alternative, Summary Adjudication of Issues, # 5 Declaration of Maurice Lee in Support of Motion for Summary Judgment or, In the Alternative, Summary Adjudication of Issues)(Maire, Wayne) (Entered: 12/23/2009)

Dec. 23, 2009
48

MOTION for SUMMARY JUDGMENT by Barry A. Hazle, Jr.. Motion Hearing set for 1/25/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Heller, John) (Entered: 12/23/2009)

Dec. 23, 2009
49

MEMORANDUM by Barry A. Hazle, Jr. in SUPPORT of 48 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 12/23/2009)

Dec. 23, 2009
50

STATEMENT of Undisputed Material Facts in Support of Motion for Partial Summary Judgment by Plaintiff Barry A. Hazle, Jr. re 48 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 12/23/2009)

Dec. 23, 2009
51

DECLARATION of Barry Hazle in Support Of 48 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 12/23/2009)

Dec. 23, 2009
52

DECLARATION of John Heller in Support of 48 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Exhibit A through F to Heller Declaration, # 2 Exhibit G through I to Heller Decl.)(Heller, John) (Entered: 12/23/2009)

Dec. 23, 2009
53

STIPULATION and PROPOSED ORDER for Extension of Time for Plaintiff's Opposition to Westcare's Motion for Summary Judgment by Barry A. Hazle, Jr.. (Heller, John) (Entered: 01/06/2010)

Jan. 6, 2010
54

MINUTE ORDER: The Motions for Summary Judgment, currently scheduled for 1/25/10, are rescheduled for 2/22/10 at 9:00 a.m. The opposition to the motions shall be filed by 1/15/10. Any reply shall be filed by 1/22/10. The pretrial conference, currently set for 3/29/10, is rescheduled for 4/26/10 at 11:00 a.m. A joint pretrial statement shall be filed seven days prior to the hearing. re 48 Motion for Summary Judgment, 47 Motion for Summary Judgment, Ordered by Judge Garland E. Burrell, Jr on 1/7/10. (Furstenau, S) (Entered: 01/07/2010)

Jan. 7, 2010
55

OPPOSITION by Brenda Wilding, Matthew Cate, Scott Kernan, Tim Hoffman, Deputy Jallings, Mitch Crofoot to 48 MOTION for SUMMARY JUDGMENT. (Attachments: # 1 Statement of Undisputed Facts, # 2 Declaration of Todd Darrow Irby, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D)(Irby, Todd) (Entered: 01/15/2010)

Jan. 15, 2010
56

MOTION for SUMMARY JUDGMENT by Barry A. Hazle, Jr.. Motion Hearing set for 2/22/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr.. (Heller, John) (Entered: 01/15/2010)

Jan. 15, 2010
57

STATEMENT of Undisputed Material Facts in Support of Cross−Motion for Partial Summary Judgment Against Westcare by Plaintiff Barry A. Hazle, Jr. re 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/15/2010)

Jan. 15, 2010
59

MEMORANDUM by Barry A. Hazle, Jr. in SUPPORT of 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/15/2010)

Jan. 15, 2010
60

RESPONSE by Barry A. Hazle, Jr. to 47 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
61

DECLARATION of John G. Heller re 47 MOTION for SUMMARY JUDGMENT, 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
62

EXHIBIT A through C to Declaration of John Heller by Barry A. Hazle, Jr. re 61 Declaration. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
63

EXHIBIT D through F to Declaration of John Heller by Barry A. Hazle, Jr. re 61 Declaration. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
64

EXHIBIT G through H to Declaration of John Heller by Barry A. Hazle, Jr. re 61 Declaration. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
65

EXHIBIT I through O to Declaration of John Heller by Barry A. Hazle, Jr. re 61 Declaration. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
66

DECLARATION of Michael A. Scheibli re 47 MOTION for SUMMARY JUDGMENT, 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
67

DECLARATION of Barry Hazle re 47 MOTION for SUMMARY JUDGMENT, 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
68

DECLARATION of Jill Ales re 47 MOTION for SUMMARY JUDGMENT, 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
69

DECLARATION of Martin Nicolaus re 47 MOTION for SUMMARY JUDGMENT, 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
70

DECLARATION of Tracy Becker re 47 MOTION for SUMMARY JUDGMENT, 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
71

DECLARATION of Melanie Solomon re 47 MOTION for SUMMARY JUDGMENT, 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/16/2010)

Jan. 16, 2010
72

MINUTE ORDER: Defendant's Opposition to Plaintiff's Cross Motion for Summary Judgment shall be filed by 1/29/10; Any reply shall be filed by 2/5/10. Ordered by Judge Garland E. Burrell, Jr on 1/20/10. (Furstenau, S) (Entered: 01/20/2010)

Jan. 20, 2010
73

OBJECTIONS by Defendant Westcare to 56 MOTION for SUMMARY JUDGMENT. (Maire, Wayne) (Entered: 01/21/2010)

Jan. 21, 2010
74

NOTICE of Errata by Barry A. Hazle, Jr. re 58 Opposition to Motion, 59 Memorandum in Support of Motion. (Heller, John) (Entered: 01/21/2010)

Jan. 21, 2010
75

OPPOSITION by Plaintiff Barry A. Hazle, Jr. to 73 Objections. (Heller, John) (Entered: 01/21/2010)

Jan. 21, 2010
76

REPLY by Westcare re 58 Opposition to Motion. (Attachments: # 1 Declaration of Summer D. Ryan in Support of Reply)(Maire, Wayne) (Entered: 01/22/2010)

Jan. 22, 2010
78

REPLY by Barry A. Hazle, Jr. re 48 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 01/22/2010)

Jan. 22, 2010
79

OBJECTIONS by Plaintiff Barry A. Hazle, Jr. to 55 Opposition to Motion,. (Heller, John) (Entered: 01/22/2010)

Jan. 22, 2010
81

OPPOSITION by Westcare to 56 MOTION for SUMMARY JUDGMENT. (Maire, Wayne) (Entered: 02/05/2010)

Feb. 5, 2010
82

RESPONSE by Westcare to 56 MOTION for SUMMARY JUDGMENT. (Maire, Wayne) (Entered: 02/05/2010)

Feb. 5, 2010
83

DECLARATION of Wayne H. Maire in SUPPORT OF OPPOSITION 56 MOTION for SUMMARY JUDGMENT. (Maire, Wayne) (Entered: 02/05/2010)

Feb. 5, 2010
84

MINUTE ORDER: The pretrial conference is rescheduled for 5/3/10 at 1:30 p.m. A joint pretrial statement is to be filed seven days prior to the hearing. Ordered by Judge Garland E. Burrell, Jr on 2/8/10. (Furstenau, S) (Entered: 02/08/2010)

Feb. 8, 2010
85

REPLY by Barry A. Hazle, Jr. re 56 MOTION for SUMMARY JUDGMENT. (Heller, John) (Entered: 02/12/2010)

Feb. 12, 2010
86

MINUTE ORDER: The Cross Motions for Summary Judgment, scheduled for hearing on 2/22/10, are submitted without oral argument. There will not be a hearing on 2/22/10, and no appearance is necessary. re 48 Motion for Summary Judgment, 47 Motion for Summary Judgment,,, 56 Motion for Summary Judgment Ordered by Judge Garland E. Burrell, Jr on 2/19/10. (Furstenau, S) (Entered: 02/19/2010)

Feb. 19, 2010
88

NOTICE of CHANGE of ADDRESS by Wayne H. Maire. (Maire, Wayne) (Entered: 04/08/2010)

April 8, 2010
89

JOINT PRETRIAL STATEMENT by plaintiff Barry A. Hazle, Jr.. (Heller, John) Modified on 4/19/2010 (Marciel, M). (Entered: 04/16/2010)

April 16, 2010
90

STIPULATION by Barry A. Hazle, Jr.. (Heller, John) (Entered: 04/16/2010)

April 16, 2010
91

BILL of COSTS SUBMITTED by Westcare. (Attachments: # 1 Declaration of Wayne H. Maire in Support of Defendant Westcare's Cost Bill)(Maire, Wayne) (Entered: 04/19/2010)

April 19, 2010
92

MINUTES (Text Only) for proceedings held before Judge Garland E. Burrell, Jr: IN COURT HEARING Pretrial conference held on 5/3/2010. Confirm trial for 6/22/10 at 9:00 a.m. Plaintiffs Counsel John Heller present. Defendants Counsel Todd Irby present. Court Reporter/CD Number: Vickie Whitney. (Furstenau, S) (Entered: 05/04/2010)

May 3, 2010
93

FINAL PRETRIAL ORDER signed by Judge Garland E. Burrell, Jr. on 5/5/2010 ORDERING Jury Trial set for 6/22/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. (Reader, L) (Entered: 05/05/2010)

May 5, 2010
94

NOTICE of APPEAL by Barry A. Hazle, Jr. as to 87 Order on Motion for Summary Judgment. (Attachments: # 1 Ninth Circuit Docketing Statement)(Heller, John) Modified on 5/6/2010 (Engbretson, K.). (Entered: 05/05/2010)

May 5, 2010
95

SUPPLEMENTAL EXHIBIT LIST by Barry A. Hazle, Jr..(Heller, John) Modified on 5/6/2010 (Engbretson, K.). (Entered: 05/05/2010)

May 5, 2010

RECEIPT number #CAE200026012 $455.00 fbo Barry A Hazle Jr by John G Heller on 5/6/2010. (Kastilahn, A) (Entered: 05/06/2010)

May 6, 2010
98

APPEAL PROCESSED to Ninth Circuit re 94 Notice of Appeal filed by Barry A. Hazle, Jr.. Filed dates for Notice of Appeal *5/5/2010*, Complaint *9/29/2008* and Appealed Order / Judgment *4/7/2010*. Court Reporter: *V. Whitney*. *Fee Status: Paid on 5/6/2010 in the amount of $455.00* ** (Attachments: # 1 Appeal Information) (Engbretson, K.) (Entered: 05/07/2010)

May 7, 2010

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Prison Legal News

Key Dates

Filing Date: Sept. 29, 2008

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff is an atheist who was forced as a condition of his parole to participate in a residential drug treatment program that required him to acknowledge a higher power.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of California, State

Westcare (Las Vegas), Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: $1.95 million

Issues

General:

Classification / placement

Conditions of confinement

Over/Unlawful Detention

Parole grant/revocation

Placement in detention facilities

Placement in mental health facilities

Rehabilitation

Crowding:

Crowding / caseload

Discrimination-basis:

Religion discrimination