Case: Lira v. Director of Corrections

3:00-cv-00905 | U.S. District Court for the Northern District of California

Filed Date: March 14, 2000

Closed Date: June 22, 2012

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Case Summary

On March 14, 2000, an inmate in California corrections system (CDCR) filed this lawsuit in District Court for the Northern District of California. The plaintiff sued the Secretary of CDCR in his official capacity and CDCR personnel in their individual capacities under 42 U.S.C § 1983. The plaintiff claimed prison officials violated his due process rights by incorrectly validating him as a gang member and placing him in administrative segregation (“Ad-Seg”) while at Deuel Vocational Institution,…

Prison officials placed the plaintiff in Ad-Seg and the SHU after he was “validated” as an associate of the Northern Structure prison gang. The plaintiff claimed that his due process rights were violated because he was not in fact an associate of the prison gang and his validation was not supported by sufficient, reliable evidence. The plaintiff also claimed that his due process rights were violated because he was not given notice and an opportunity to present his views before being placed in segregation, and because he was denied meaningful opportunities to challenge his validation and continued retention in segregated housing.

The plaintiff originally filed this case pro se. By order filed May 17, 2002, the Court dismissed the case without prejudice on the ground that the plaintiff had not exhausted his administrative remedies with respect to all of the claims alleged in the complaint. (2002 WL 1034043). The plaintiff appealed to the Ninth Circuit, and the Ninth Circuit appointed the law firm of Howard, Rice, Nemerovski, Canady, Falk & Rabkin to represent the plaintiff on appeal.

In a published decision the Ninth Circuit reversed and remanded, holding that the Prison Litigation Reform Act did not require dismissal of an entire action where a prisoner’s complaint contains exhausted and unexhausted claims. See Lira v. Herrera, 427 F.3d 1164 (9th Cir. 2005). The Ninth Circuit instructed that the proper treatment of a “mixed” complaint depends on the relatedness of the claims, and held that if an exhausted claim was intertwined with an unexhausted claim, the claims should all be treated as exhausted. Id. at 1177. The Supreme Court denied the defendant’s petition for writ of certiorari. 549 U.S. 1204 (2007).

On remand, the plaintiff continued to be represented by counsel. The Court found that plaintiff’s due process claims were interrelated, and allowed the plaintiff to file an amended complaint alleging a single due process violation arising out of his gang validation and placement and retention in Ad-Seg and the SHU.

As originally filed, the plaintiff's first amended complaint named as defendants a number of CDCR personnel sued for damages in their individual capacity, along with the Secretary of CDCR who was sued in his official capacity for declaratory and injunctive relief.

In December 2006, the law firm of Chapman, Popik & White replaced Howard Rice as the plaintiff’s counsel of record. The parties engaged in extensive discovery and further motion practice, including motions to dismiss and motions for summary judgment filed by the defendants.

On September 30, 2009, (Judge Susan Illston) denied the defendants’ motion for summary judgment (2008 WL 619017). The defendants noticed an interim appeal of the Court’s denial of qualified immunity. The interlocutory appeal caused the cancellation of the March 23, 2008, trial date and stayed all proceedings in this Court. The plaintiff then decided to dismiss the remaining individual defendants and all claims for damages in order to moot the pending appeal.

In October 27 2008, the Ninth Circuit granted the plaintiff’s motion to dismiss the individual defendants and to dismiss the appeal as moot, and the case was remanded to the district court.

Continuing to prepare for the trial, in December 2008, the Court ruled that the attorneys-eyes-only restrictions of the protective order for the defendant's confidential gang validation evidence would be lifted for trial purposes. The defendant took an emergency appeal from that ruling by petition for writ of mandamus, which the Ninth Circuit granted over the plaintiff’s opposition on December 24, 2008. As a result, the Court was required to prevent disclosure to the plaintiff of certain materials compiled by CDCR in course of its gang validation process.

From January 13 to February 12, 2009, the Court (Judge Illston) held a bench trial on the plaintiff’s claims for declaratory and injunctive relief. The plaintiff presented 17 witnesses, including three experts and testimony from plaintiff over three separate sessions. Defendant presented 4 witnesses, including its experts. Approximately 300 documentary exhibits were entered into evidence at trial.

On September 30, 2009, the Court (Judge Illston) issued a Findings of Fact and Conclusions of Law. The Court found that the plaintiff’s due process rights were violated when he was initially validated as a Northern Structure associate because he was never given notice of the initial validation investigation, and was never afforded the opportunity to be heard prior being validated or placed in administrative segregation. The Court also found that this deprivation of procedural due process was not cured in any of the subsequent administrative hearings and inmate appeals because none of these proceedings constituted a meaningful review of the gang validation. Finally, the Court found that the plaintiff’s substantive due process right were violated because the items of evidence used to validate the plaintiff as a prison gang associate lack sufficient indicia of reliability to meet the “some evidence” standard as required by the case law.

Based upon expert psychological testimony and evidence at trial, the Court found that the plaintiff’s experience in the SHU caused him to develop depression and post-traumatic stress disorder, and that he currently suffers from these conditions, despite his parole from Pelican Bay. The Court held that the plaintiff was entitled to a judicial declaration that his gang validation was never supported by accurate or reliable evidence and was implemented in violation of his procedural rights.

The Court directed defendant Matthew Cate, as Secretary of CDCR, to expunge the plaintiff’s validation as a Northern Structure associate from CDCR records, to report the expungement to all gang-related law enforcement databases and clearinghouses to which the original validation was reported previously, and to remove all documents related to the validation from plaintiff’s prison file.

The parties continued litigating attorneys fees until 2012. The court awarded roughly $1,088,000 in total attorney's fees and costs. On June 22, 2012, the court issued an order confirming payment the attorneys' fees and costs.

The case is closed.

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Summary Authors

Lakshmi Gopal (3/28/2016)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4183129/parties/lira-v-director-of-correct/

Judge(s)

Illston, Susan Yvonne (California)

Attorney for Plaintiff

Chapman, William B. (California)

Feudale, Scott John (California)

Hallman, Robert (California)

Attorney for Defendant

Huynh, Neah (California)

Judge(s)

Illston, Susan Yvonne (California)

Attorney for Plaintiff

Chapman, William B. (California)

Feudale, Scott John (California)

Hallman, Robert (California)

Quackenbos, Carol Dana (California)

White, Mark Andrew (California)

Winthrop, Douglas Andrew (California)

Attorney for Defendant

Huynh, Neah (California)

Mather, Scott C. (California)

O'Bannon, Danielle Felice (California)

Wolff, Jonathan L. (California)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:00-cv-00905	Docket [PACER]	June 22, 2012	June 22, 2012 Docket
66 3:00-cv-00905	Judgment	May 17, 2002	May 17, 2002 Order/Opinion 2002 WL 1034043
100 3:00-cv-00905	First Amended Complaint Under the Civil Rights Act, 42 U.S.C. 1983 Lira v. Director of Corrections of the State of California	June 28, 2006	June 28, 2006 Complaint
115 3:00-cv-00905	Order Denying Defendant Mann's Motion to Dismiss Lira v. Director of Corrections of the State of California	Jan. 8, 2007	Jan. 8, 2007 Order/Opinion 2007 WL 43675
305 3:00-cv-00905	Order Denying Defendants' Motion for Summary Judgment	March 4, 2008	March 4, 2008 Order/Opinion 2008 WL 619017
6749431 3:00-cv-00905	Order regarding handling of confidential information (Dec 2008) U.S. Court of Appeals for the Ninth Circuit	Dec. 24, 2008	Dec. 24, 2008 Order/Opinion
440 3:00-cv-00905	Transcript of Proceedings from 2009	Feb. 3, 2009	Feb. 3, 2009 Transcript
444 3:00-cv-00905	Plaintiff's Post-Trial Brief	Feb. 11, 2009	Feb. 11, 2009 Pleading / Motion / Brief
456 3:00-cv-00905	Findings of Facts and Conclusions of Law and Order	Sept. 30, 2009	Sept. 30, 2009 Order/Opinion
500 3:00-cv-00905	Order Denying Defendant's Motion to Stay (Jan 2010)	Jan. 28, 2010	Jan. 28, 2010 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4183129/lira-v-director-of-correct/

Last updated April 21, 2025, 10:16 a.m.

ECF Number	Description	Date	Link Date / Link
1	IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Ernesto G. Lira for leave to proceed in forma pauperis [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	March 14, 2000	March 14, 2000 PACER
2	LETTER dated 4/12/00 from Ernesto G. Lira inquiring as to the status of the issuance of process. [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	April 20, 2000	April 20, 2000 PACER
3	NOTICE by Plaintiff Ernesto G. Lira [1-1] lawsuit and request for waiver of summons. [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	May 5, 2000	May 5, 2000 PACER
	RECEIVED Waiver of Service of Summons form submitted by Plaintiff Ernesto G. Lira [3:00-cv-00905] (rcs, COURT STAFF)	May 5, 2000	May 5, 2000 PACER
4	DECLARATION by Ernesto G. Lira and request that it be attached to the complaint [1-1] as exhibit #14th, as well as attach exhibits #12, and #13. [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	May 30, 2000	May 30, 2000 PACER
5	ORDER by Judge Susan Illston granting affidavit motion for leave to proceed in forma pauperis [1-1]; the total filing fee due is $150.00; the initial partial filing fee due for the plaintiff at this time if $6.47. (cc: all counsel) [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	June 26, 2000	June 26, 2000 PACER
6	ORDER by Judge Susan Illston of dismissal with leave to amend ; plaintiff must file an amendment to complaint no later than 7/28/00. (cc: all counsel) [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	June 26, 2000	June 26, 2000 PACER
7	AMENDED COMPLAINT [1-1] by Plaintiff Ernesto G. Lira; jury demand terminating defendant N. Kramer, defendant W. J. Olmsted, defendant B., defendant Multrup, defendant Busser, defendant Edward Alameida, defendant Olson, defendant J. Cello, defendant M. Smith, defendant P. J. Dillard, defendant K. C. Bolles, defendant D. Bradbury, defendant C. Patten, defendant D. Best, defendant K. Mann, defendant K. Cruse, defendant Bruce, defendant B. Heaps, defendant A. Scribner, defendant R. Romero, defendant J. Pena, defendant M. Piland, defendant G. H. Wise, defendant Covello, defendant Fielder, defendant Herrera; adding R. Kersh, K. Takahashi, D. Conley, Duncan, G. M. Ater, Curtis, W. E. Murray, P. Jamieson [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	July 31, 2000	July 31, 2000 PACER
8	LETTER dated 7/31/00 from Ernesto G. Lira asking for confirmantion of receipt of his amended complaint. [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Aug. 7, 2000	Aug. 7, 2000 PACER
9	DECLARATION by Ernesto G. Lira re complaint [7-1] [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Aug. 11, 2000	Aug. 11, 2000 PACER
10	MOTION before Judge Susan Illston by Plaintiff Ernesto G. Lira for preliminary injunction [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Dec. 19, 2000	Dec. 19, 2000 PACER
11	LETTER dated 12/14/00 from Ernesto G. Lira re his motion for preliminary injunction [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Dec. 19, 2000	Dec. 19, 2000 PACER
12	MEMORANDUM by Plaintiff Ernesto G. Lira in support of motion for preliminary injunction [10-1] [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Dec. 19, 2000	Dec. 19, 2000 PACER
13	DECLARATION by Ernesto G. Lira in support of motion for preliminary injunction [10-1] [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Dec. 19, 2000	Dec. 19, 2000 PACER
14	EXHIBITS A, pages A-5 re motion for preliminary injunction [10-1] [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Dec. 19, 2000	Dec. 19, 2000 PACER
15	RECEIVED Proposed Order ( Plaintiff Ernesto G. Lira ) re: motion for preliminary injunction [10-1] [3:00-cv-00905] (rcs, COURT STAFF) Modified on 03/30/2001 (Entered: 03/30/2001)	Dec. 19, 2000	Dec. 19, 2000 PACER
16	ORDER by Judge Susan Illston order of service and partial dismissal dismissing defendants P. Jamieson, W. E. Murray, Curtis, G. M. Ater, Duncan, D. Conley, K. Takahashi, R. Kersh, G. Luks, Mills, Robert L. Ayers, and Director of Correct denying motion for preliminary injunction [10-1] () (cc: all counsel) [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Jan. 22, 2001	Jan. 22, 2001 PACER
	SUMMONS issued as to defendants Herrera, Fielder, M. Piland, J. Briddle, A. Scribner, J. Stokes, B. Heaps, Bruce, K. Cruse, M. J. Nimrod, K. Mann, D. Best, C. Patten, D. Bradbury, K. C. Bolles, Edward Alameida, Busser, W. J. Olmsted, and J. Chavez [3:00-cv-00905] (rcs, COURT STAFF)	Feb. 2, 2001	Feb. 2, 2001 PACER
17	REQUEST by Plaintiff Ernesto G. Lira for clarification of the defendants to be served with summons and complaint [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Feb. 5, 2001	Feb. 5, 2001 PACER
18	RETURN OF SERVICE of copy of summons and complaint with the State Attorney General's Office [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Feb. 28, 2001	Feb. 28, 2001 PACER
19	NOTICE OF APPEAL by Plaintiff Ernesto G. Lira from Dist. Court decision order [16-2] Fee status fp granted on 6/26/00 [3:00-cv-00905] (rcs, COURT STAFF) (Entered: 03/30/2001)	Feb. 28, 2001	Feb. 28, 2001 PACER
	Copy of notice of appeal and docket sheet to all counsel [3:00-cv-00905] (rcs, COURT STAFF)	March 19, 2001	March 19, 2001 PACER
	CERTIFICATE of Record mailed to USCA, counsel notified. [3:00-cv-00905] (rcs, COURT STAFF)	March 19, 2001	March 19, 2001 PACER
	NOTIFICATION by Circuit Court of Appellate Docket Number 01-15515 [3:00-cv-00905] (slh, COURT STAFF)	March 27, 2001	March 27, 2001 PACER
	BRIEFING SCHEDULE from USCA [3:00-cv-00905] (slh, COURT STAFF)	March 27, 2001	March 27, 2001 PACER
20	NOTICE AND MOTION before Judge Susan Illston by defendant to dismiss memorandum of points and authorities in support thereof [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/19/2001)	April 10, 2001	April 10, 2001 PACER
21	LETTER dated 04/11/01 from Plaintiff Ernesto G. Lira re request a copy of documents. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/27/2001)	April 17, 2001	April 17, 2001 PACER
22	NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Susan Illston by defendant for protective order staying discovery [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/14/2001)	May 3, 2001	May 3, 2001 PACER
	RECEIVED Proposed Order ( defendant) re: motion for protective order staying discovery [22-1] [3:00-cv-00905] (ys, COURT STAFF)	May 3, 2001	May 3, 2001 PACER
23	MOTION before Judge Susan Illston by Plaintiff Ernesto G. Lira for appointment of counsel and declaration in support [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/22/2001)	May 8, 2001	May 8, 2001 PACER
24	OPPOSITION by Plaintiff Ernesto G. Lira to motion for protective order staying discovery [22-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/24/2001)	May 17, 2001	May 17, 2001 PACER
25	OPPOSITION by Plaintiff Ernesto G. Lira to motion to dismiss memorandum of points and authorities in support thereof [20-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/24/2001)	May 17, 2001	May 17, 2001 PACER
26	REPLY by defendant re opposition [25-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/29/2001)	May 25, 2001	May 25, 2001 PACER
27	COPY of USCA Order: Appellant's motion for appointment of counsel on appeal is DENIED. Appellant's opening brief is due 6/22/01. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/31/2001)	May 29, 2001	May 29, 2001 PACER
28	Rebuttal by Plaintiff Ernesto G. Lira re reply [26-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 06/19/2001)	June 15, 2001	June 15, 2001 PACER
29	RETURN OF SERVICE executed upon defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant K. Mann, defendant D. Best, defendant Herrera, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez on 6/20/01 [3:00-cv-00905] (ys, COURT STAFF) (Entered: 06/26/2001)	June 21, 2001	June 21, 2001 PACER
30	CERTIFIED COPY of USCA Order: dismissing the appeal [19-1] for failure to comply with the rules requiring processing the appeal to hearing. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 07/19/2001)	July 18, 2001	July 18, 2001 PACER
31	CLERK's letter spreading the mandate to counsel. re appeal [19-1]. Appeal is dismissed. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 07/19/2001)	July 19, 2001	July 19, 2001 PACER
32	LETTER dated 9/13/01 from plaintiff Ernesto G. Lira to clerk re requesting docket sheet and question about interrogatories. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 09/18/2001)	Sept. 18, 2001	Sept. 18, 2001 PACER
33	ORDER by Judge Susan Illston denying motion for appointment of counsel and declaration in support [23-1], denying motion for protective order staying discovery [22-1], denying motion [22-2], denying motion to dismiss memorandum of points and authorities in support thereof [20-1]. No later than 11/16/01, defendants shall file and serve a motion for summary judgment or other dispositive motion. Plaintiff's opposition to the summary judgment or other dispositive motion shall be filed with the court and served upon defendant no later than 12/28/01. If defendants wish to file a reply brief, they must file and serve their reply brief no later than 1/18/01. ( Date Entered: 10/4/01) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) (Entered: 10/04/2001)	Oct. 2, 2001	Oct. 2, 2001 PACER
34	EX-PARTE APPLICATION before Judge Susan Illston by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez to extend time to file answer [3:00-cv-00905] (ys, COURT STAFF) (Entered: 10/11/2001)	Oct. 10, 2001	Oct. 10, 2001 PACER
35	DECLARATION by Scott Mather on behalf of defendants re motion to extend time to file answer [34-1] [3:00-cv-00905] (ys, COURT STAFF) Modified on 10/11/2001 (Entered: 10/11/2001)	Oct. 10, 2001	Oct. 10, 2001 PACER
	RECEIVED Proposed Order ( defendants ) re: motion to extend time to file answer [34-1] [3:00-cv-00905] (ys, COURT STAFF)	Oct. 10, 2001	Oct. 10, 2001 PACER
36	ORDER by Judge Susan Illston granting motion to extend time to file answer [34-1] to 10/31/01. ( Date Entered: 10/16/01) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) (Entered: 10/16/2001)	Oct. 15, 2001	Oct. 15, 2001 PACER
37	ANSWER by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez to complaint [1-1]; jury demand [3:00-cv-00905] (ys, COURT STAFF) (Entered: 10/25/2001)	Oct. 24, 2001	Oct. 24, 2001 PACER
38	LETTER dated 10/30/01 from plaintiff Ernesto G. Lira to Judge Illston re inquiries about defendant's answer to complaint. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 11/07/2001)	Nov. 5, 2001	Nov. 5, 2001 PACER
39	Notice of Change of Assigned ATTORNEY : terminating attorney Scott C. Mather for J. Chavez, attorney Scott C. Mather for W. J. Olmsted, attorney Scott C. Mather for Busser, attorney Scott C. Mather for Edward Alameida, attorney Scott C. Mather for K. C. Bolles, attorney Scott C. Mather for D. Bradbury, attorney Scott C. Mather for C. Patten, attorney Scott C. Mather for D. Best, attorney Scott C. Mather for M. J. Nimrod, attorney Scott C. Mather for K. Cruse, attorney Scott C. Mather for Bruce, attorney Scott C. Mather for B. Heaps, attorney Scott C. Mather for J. Stokes, attorney Scott C. Mather for A. Scribner, attorney Scott C. Mather for J. Briddle, attorney Scott C. Mather for M. Piland, attorney Scott C. Mather for Fielder, attorney Scott C. Mather for Herrera as counsel for by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez and substituting attorney Jonathan L. Wolff [3:00-cv-00905] (ys, COURT STAFF) (Entered: 11/16/2001)	Nov. 14, 2001	Nov. 14, 2001 PACER
40	EX-PARTE APPLICATION before Judge Susan Illston by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez to extend of time to file a motion for summary judgment or other dispositive motion. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 11/16/2001)	Nov. 14, 2001	Nov. 14, 2001 PACER
41	DECLARATION by Jonathan L. Wolff on behalf of defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez re motion to extend of time to file a motion for summary judgment or other dispositive motion. [40-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 11/16/2001)	Nov. 14, 2001	Nov. 14, 2001 PACER
	RECEIVED Proposed Order ( defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez ) re: motion to extend of time to file a motion for summary judgment or other dispositive motion. [40-1] [3:00-cv-00905] (ys, COURT STAFF)	Nov. 14, 2001	Nov. 14, 2001 PACER
42	ORDER by Judge Susan Illston granting motion to extend of time to file a motion for summary judgment or other dispositive motion [40-1] to 12/21/01. Plaintiff must file and serve his opposition to the motion no later than 1/25/02. Defendants must file and serve their reply, if any, no later than 2/8/02 ( Date Entered: 11/30/01) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) (Entered: 11/30/2001)	Nov. 30, 2001	Nov. 30, 2001 PACER
43	NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Susan Illston by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez for judgment on the pleadings, or alternatively, for summary judgment with Notice set for [3:00-cv-00905] (ys, COURT STAFF) (Entered: 12/14/2001)	Dec. 13, 2001	Dec. 13, 2001 PACER
44	DECLARATION by Jonathan L. Wolff on behalf of defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez re motion for judgment on the pleadings [43-1], re motion for summary judgment [43-2] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 12/14/2001)	Dec. 13, 2001	Dec. 13, 2001 PACER
	RECEIVED Proposed Order ( defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez ) re: motion for judgment on the pleadings [43-1], re: motion for summary judgment [43-2] [3:00-cv-00905] (ys, COURT STAFF)	Dec. 13, 2001	Dec. 13, 2001 PACER
	RECEIVED defendants' notice of motion and motion for receipt of confidential documents under seal and for in camera review submitted by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez [3:00-cv-00905] (ys, COURT STAFF)	Dec. 13, 2001	Dec. 13, 2001 PACER
	RECEIVED Proposed Order granting defendants' motion for receipt of confidential documents under seal and for in camera review ( defendant Robert L. Ayers Jr., defendant Herrera, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez ) [3:00-cv-00905] (ys, COURT STAFF)	Dec. 13, 2001	Dec. 13, 2001 PACER
45	LETTER dated 12/5/01 from plaintiff Ernesto G. Lira to Judge Illston re service on defendant K. Mann. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 12/17/2001)	Dec. 17, 2001	Dec. 17, 2001 PACER
46	NOTICE OF MOTION AND MOTION before Judge Susan Illston by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez for receipt of confidential documents under seal and for in camera review FILED UNDER SEAL. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 12/21/2001)	Dec. 20, 2001	Dec. 20, 2001 PACER
47	REQUEST by Plaintiff Ernesto G. Lira for extension of time in which to file motion in opposition to defendants' motion for summary judgment and in camera review of filed documents under seal. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 01/29/2002)	Jan. 28, 2002	Jan. 28, 2002 PACER
48	DECLARATION by plaintiff Ernesto C. Lira on behalf of Plaintiff Ernesto G. Lira re request [47-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 01/29/2002)	Jan. 28, 2002	Jan. 28, 2002 PACER
51	ORDER by Judge Susan Illston granting request [47-1]. Plaintiff must file and serve his opposition to the motion for dismissal/summary judgment no later than 3/15/02. No further extensions of time will be granted. Defendants must file and serve their reply, if any, no later than 3/29/02 ( Date Entered: 3/5/02) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) (Entered: 03/05/2002)	March 1, 2002	March 1, 2002 PACER
49	REQUEST by Plaintiff Ernesto G. Lira for an extension of time in which to file motion in opposition to defendants' motion for summary judgment and in camera review of filed documents under seal. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 03/05/2002)	March 4, 2002	March 4, 2002 PACER
50	DECLARATION by Ernesto G. Lira on behalf of Plaintiff Ernesto G. Lira re request [49-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 03/05/2002)	March 4, 2002	March 4, 2002 PACER
52	LETTER dated 3/14/02 from plaintiff Ernesto G. Lira to Judge Illston re requesting extension of time to file his opposition to motion for summary judgment. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 03/19/2002)	March 18, 2002	March 18, 2002 PACER
53	Motion in OPPOSITION by Plaintiff Ernesto G. Lira to motion for receipt of confidential documents under seal and for in camera review [46-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
54	Motion in OPPOSITION by Plaintiff Ernesto G. Lira to motion for judgment on the pleadings [43-1], motion for summary judgment [43-2] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
55	DECLARATION by Plaintiff on behalf of Plaintiff Ernesto G. Lira re opposition [54-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
56	STATEMENT of disputed factual issues by Plaintiff Ernesto G. Lira [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
57	MOTION before Judge Susan Illston by Plaintiff Ernesto G. Lira for appointment of counsel [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
58	DECLARATION by Ernesto G. Lira on behalf of Plaintiff Ernesto G. Lira re motion for appointment of counsel [57-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
59	PROOF OF SERVICE by Plaintiff Ernesto G. Lira of declaration [58-1], motion for appointment of counsel [57-1], statement [56-1], declaration [55-1], opposition [54-1], opposition [53-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
60	LETTER dated 4/15/02 from Ernesto G. Lira to Judge Illston re his filings. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/30/2002)	April 26, 2002	April 26, 2002 PACER
61	DECLARATION by Plaintiff on behalf of Plaintiff Ernesto G. Lira re opposition [54-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/01/2002)	April 29, 2002	April 29, 2002 PACER
62	REPLY Brief by defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant C. Patten, defendant D. Bradbury, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez, defendant D. Best re motion for judgment on the pleadings [43-1], re motion for summary judgment [43-2] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/03/2002)	May 1, 2002	May 1, 2002 PACER
63	Supplemental DECLARATION by Jonathan L. Wolff on behalf of defendant Herrera, defendant Fielder, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant P. Jamieson, defendant J. Chavez re reply [62-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/03/2002)	May 1, 2002	May 1, 2002 PACER
64	LETTER dated 5/16/02 from plaintiff Ernesto G. Lira to US Marshals Services re requesting service to defendant Mann. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/16/2002)	May 16, 2002	May 16, 2002 PACER
65	ORDER by Judge Susan Illston denying motion for appointment of counsel [57-1], granting motion for summary judgment [43-2] dismissing case ; appeal filing ddl 6/19/02 ( Date Entered: 5/20/02) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/20/2002)	May 17, 2002	May 17, 2002 PACER
66	JUDGMENT: by Judge Susan Illston dismissing case without prejudice because plaintiff did not exhaust his administrative remedies before filing the complaint ; appeal filing ddl 6/19/02 ( Date Entered: 5/20/02) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) (Entered: 05/20/2002)	May 17, 2002	May 17, 2002 Clearinghouse
67	LETTER dated 3/8/02 from ll Lockyer, Attorney General, Jonathan L. Wolff, re Ms. Mann may be served c/o Litigation Coordiantor, Parole Region 11, 1515 Clay Street, 10th Floor, propounded upon her. [3:00-cv-00905] (db, COURT STAFF) (Entered: 05/22/2002)	May 21, 2002	May 21, 2002 PACER
68	REPLY by Plaintiff Ernesto G. Lira re reply [62-1] brief in support of motion for judgment on the pleadings, or alternatively, motion for summary judgment [3:00-cv-00905] (db, COURT STAFF) (Entered: 05/22/2002)	May 22, 2002	May 22, 2002 PACER
69	MOTION before Judge Susan Illston by Plaintiff Ernesto G. Lira to vacate judgment [3:00-cv-00905] (db, COURT STAFF) (Entered: 06/07/2002)	June 5, 2002	June 5, 2002 PACER
70	RESPONSE by defendant Fielder, defendant Covello, defendant M. Piland, defendant J. Briddle, defendant A. Scribner, defendant J. Stokes, defendant B. Heaps, defendant Bruce, defendant K. Cruse, defendant M. J. Nimrod, defendant D. Best, defendant C. Patten, defendant D. Bradbury, defendant K. C. Bolles, defendant Edward Alameida, defendant Busser, defendant W. J. Olmsted, defendant J. Chavez re motion to vacate judgment [69-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 06/18/2002)	June 13, 2002	June 13, 2002 PACER
71	ORDER by Judge Susan Illston denying motion to vacate judgment [69-1] ( Date Entered: 7/1/02) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) (Entered: 07/01/2002)	June 28, 2002	June 28, 2002 PACER
72	DECLARATION by on behalf of Plaintiff Ernesto G. Lira re appeal [72-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 07/02/2002)	July 1, 2002	July 1, 2002 PACER
	Docket fee notification form and case information sheet to USCA [72-1] [3:00-cv-00905] (ys, COURT STAFF)	July 2, 2002	July 2, 2002 PACER
	Copy of notice of appeal and docket sheet to all counsel [3:00-cv-00905] (ys, COURT STAFF)	July 2, 2002	July 2, 2002 PACER
73	DECLARATION by on behalf of Plaintiff Ernesto G. Lira re motion to vacate judgment [69-1] [3:00-cv-00905] (ys, COURT STAFF) (Entered: 07/08/2002)	July 3, 2002	July 3, 2002 PACER
	NOTIFICATION by Circuit Court of Appellate Docket Number 02-16325 [3:00-cv-00905] (ys, COURT STAFF)	July 11, 2002	July 11, 2002 PACER
74	ORDER by Judge Susan Illston This appeal is not taken in good faith copy to USCA. ( Date Entered: 7/25/02) (cc: all counsel) [3:00-cv-00905] (ys, COURT STAFF) Modified on 07/25/2002 (Entered: 07/25/2002)	July 23, 2002	July 23, 2002 PACER
	FILING FEE - PARTIAL PAYMENT: fee ppd on 9/25/02 in the amount of $ 5.47, receipt # 3339682. [3:00-cv-00905] (ys, COURT STAFF)	Oct. 9, 2002	Oct. 9, 2002 PACER
75	COPY of USCA Order: Appellant Ernesto G. Lira's IFP is granted. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 11/18/2002)	Nov. 18, 2002	Nov. 18, 2002 PACER
76	COPY of USCA Order: The answering brief due 2/10/03 and the optional reply brief is due within 14 days of service of the answering brief. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 12/27/2002)	Dec. 26, 2002	Dec. 26, 2002 PACER
	RECORD on Appeal to USCA, cnsl notified. re appeal [72-1] [3:00-cv-00905] (ys, COURT STAFF)	Dec. 15, 2003	Dec. 15, 2003 PACER
77	RECEIPT/Acknowledgment of original case file by USCA. [3:00-cv-00905] (ys, COURT STAFF) Modified on 12/23/2003 (Entered: 12/23/2003)	Dec. 23, 2003	Dec. 23, 2003 PACER
78	COPY of USCA Order: The Clerk shall enter an order appointing pro bono couonsel to represent appellant for purposes of this appeal only. The Clerk shall establish a supplemental briefing schedule. The appeal is stayed pending further order. If appellant objects to the court's appointment of counsel in this appeal, appellant shall file a written objection within 14 days from the dae of entry of this order. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/01/2004)	April 1, 2004	April 1, 2004 PACER
79	COPY of USCA Order: Appointing pro bono counsel for appellant, Warren Metlitzky, Esq. and Douglas A. Winthrop, Esq., if appellant does not object to this order in writing 14 days from the date of entry of this order, the Clerk shall amend the dockt to reflect that. Briefing schedule, see USCA order. [3:00-cv-00905] (ys, COURT STAFF) (Entered: 04/16/2004)	April 16, 2004	April 16, 2004 PACER
80	NOTICE of Change of Address, request for a copy of the docket by Ernesto G. Lira. (ys, COURT STAFF) (Filed on 11/18/2005) (Entered: 11/21/2005)	Nov. 18, 2005	Nov. 18, 2005 PACER
81	USCA JUDGMENT as to 72 Notice of Appeal : Reversed, Remanded. (ys, COURT STAFF) (Filed on 12/28/2005) (Entered: 12/29/2005)	Dec. 28, 2005	Dec. 28, 2005 PACER
83	MANDATE of USCA as to 72 Notice of Appeal: Reversed, Remanded. (ys, COURT STAFF) (Filed on 12/28/2005) (Entered: 12/29/2005)	Dec. 28, 2005	Dec. 28, 2005 PACER
84	Appeal Record Returned from USCA. (ys, COURT STAFF) (Filed on 3/20/2006) (Entered: 03/20/2006)	March 20, 2006	March 20, 2006 PACER

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Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: March 14, 2000

Closing Date: June 22, 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff was an inmate in California corrections system who was wrongly classified as a gang member, an associate of the Northern Structure prison gang and, as a result, placed in administrative segregation while he was an inmate at Deuel Vocational Institution, and later at Pelican Bay State Prison.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Correction and Rehabilitation, State

Defendant Type(s):

Corrections

Facility Type(s):

Government-run