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: 2012

Clearinghouse coding complete

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,…

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, and later in a Security Housing Unit (“SHU”) at Pelican Bay State Prison.

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.

As of March 28, 2016, the case appears closed.

Summary Authors

Lakshmi Gopal (3/28/2016)

People

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


Judge(s)

Illston, Susan Yvonne (California)

Attorneys(s) for Plaintiff

Feudale, Scott John (California)

Hallman, Robert (California)

Quackenbos, Carol Dana (California)

White, Mark Andrew (California)

Winthrop, Douglas Andrew (California)

Attorneys(s) for Defendant

Huynh, Neah (California)

Mather, Scott C. (California)

O'Bannon, Danielle Felice (California)

Wolff, Jonathan L. (California)

Judge(s)

Illston, Susan Yvonne (California)

Attorneys(s) for Plaintiff

Feudale, Scott John (California)

Hallman, Robert (California)

Quackenbos, Carol Dana (California)

White, Mark Andrew (California)

Winthrop, Douglas Andrew (California)

Attorneys(s) for Defendant

Huynh, Neah (California)

Mather, Scott C. (California)

O'Bannon, Danielle Felice (California)

Wolff, Jonathan L. (California)

Documents in the Clearinghouse

Document

3:00-cv-00905

Docket [PACER]

June 22, 2012

June 22, 2012

Docket
66

3:00-cv-00905

Judgment

2002 WL 1034043

May 17, 2002

May 17, 2002

Order/Opinion
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

2007 WL 43675

Jan. 8, 2007

Jan. 8, 2007

Order/Opinion
305

3:00-cv-00905

Order Denying Defendants' Motion for Summary Judgment

2008 WL 619017

March 4, 2008

March 4, 2008

Order/Opinion
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

3:03-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

Resources

Docket

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

Last updated Aug. 6, 2022, 3:04 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

PACER
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

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: March 14, 2000

Closing Date: 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

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: 1,088,000

Issues

General:

Administrative segregation

Classification / placement

Type of Facility:

Government-run