Case: Jewett v. California Forensic Medical Group

2:13-cv-00882 | U.S. District Court for the Eastern District of California

Filed Date: May 6, 2013

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 6, 2013, a prisoner with limited mobility disability filed this class action lawsuit in the US Federal District Court for the Eastern District of California. The plaintiff sued California Forensic Medical Group and Shasta County Sheriff's Department under the American with Disabilities Act, Section 504 of the Rehabilitation Act, and state law. This case was assigned to Chief Judge Morrison C. England, Jr., and Magistrate Judge Allison Claire.This petition began as a pro se civil complain…

On May 6, 2013, a prisoner with limited mobility disability filed this class action lawsuit in the US Federal District Court for the Eastern District of California. The plaintiff sued California Forensic Medical Group and Shasta County Sheriff's Department under the American with Disabilities Act, Section 504 of the Rehabilitation Act, and state law. This case was assigned to Chief Judge Morrison C. England, Jr., and Magistrate Judge Allison Claire.

This petition began as a pro se civil complaint, where the plaintiff claimed that he was mistreated while he was an inmate at Shasta County Jail. As an inmate with a documented mobility disability, he was not placed in areas that accommodated his needs. He complained of being placed on a top bunk six feet off the ground and on the second floor of a cell block that required him to go up and down stairs. In an attempt to help prisoners with a medical disability, the defendant placed the plaintiff in administrative segregation, which prevented him and other medical inmates from using a dayroom, going to religious services, and engaging in other prison activities. Furthermore, whenever he would submit written complaints about this grievance, there was no judicial process for reviewing—the requests were simply denied.

While in prison the plaintiff filed this civil complaint, and subsequent first, second, and third amended complaints. After filing the third amended complaint in March 2014, the plaintiff was released from prison and obtained counsel to represent him, submitting a fourth amended complaint. Plaintiff also acquired counsel from the Disability Rights Legal Center. The parties moved to discovery, after which the plaintiff filed a fifth amended complaint.

Then, on January 27, 2017, the plaintiff moved to certify a class defined as “[a]ll current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications, services, and and/or physical access in accordance with federal and state disability laws." On March 13, 2017, Magistrate Judge Claire recommended that this motion be granted. Adopting this recommendation in full, Judge England granted class certification on April 5, 2017.

Over the summer, the parties reached a settlement. On August 11, 2017, the parties filed a memorandum with the court outlining the settlement agreement. Principally, the agreement required that the defendants and class counsel to agree on reforms to jail conditions for prisoners with mobility disabilities. This would include reforming the prisoners' access to grievance forms and daily living. These policies were to be offered by experts in the area of disability and accessibility. In addition, the defendants were to be monitored during the two year term of the agreement to ensure compliance and were required to adopt an improved grievance/dispute resolution process, disclose these new policies to relevant class members, train jail staff in the administration of the new policies, and provide their own reports on the matter.

On January 23, 2018, the parties jointly moved for preliminary approval of the class action settlement and for certification of the settlement class. On August 6, 2018, the court entered an order approving the class action settlement. Following a settlement conference where the parties negotiated on the plaintiffs initial motion for attorneys' fees in the amount of $1,778,254.65, the parties agreed to a settlement amount of $850,000 in fees and expenses. This agreement was approved by the court on December 29, 2018.

Two weeks later, the defendants filed a stipulation and proposed order of dismissal, which was signed into effect on January 22, 2019 by Judge England. As of July 2020, the court retains jurisdiction to supervise the implementation of the settlement agreement. Progress reporting by the county is ongoing.

Summary Authors

Erica Christianson (9/27/2016)

Jake Parker (6/22/2018)

Edward Cullen (3/1/2019)

Sabrina Glavota (7/14/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5935363/parties/pc-jewett-v-california-forensic-medical-group/


Judge(s)

Claire, Allison (California)

England, Morrison C. Jr. (California)

Newman, Kendall J (California)

Attorneys(s) for Plaintiff

Atabek, Jon Ali (California)

Barajas, Maronel (California)

Genduso, Zachary (California)

Gibson, Jonathan (California)

Gooch, Joseph Taylor (California)

Janssen, Kara J. (California)

Krishnan, Ajay (California)

Judge(s)

Claire, Allison (California)

England, Morrison C. Jr. (California)

Newman, Kendall J (California)

Attorneys(s) for Plaintiff

Atabek, Jon Ali (California)

Barajas, Maronel (California)

Genduso, Zachary (California)

Gibson, Jonathan (California)

Gooch, Joseph Taylor (California)

Janssen, Kara J. (California)

Krishnan, Ajay (California)

Muzzio, Franco E. (California)

Pinggera, Anthony C (California)

Ragland, Steven P (California)

Rivera, Anna Mercedes (California)

Sepler-King, Mallory L. (California)

Thormann, Amethyst (California)

Attorneys(s) for Defendant

Brickwood, Gary Charles (California)

Varanini, Jerome Martin (California)

Documents in the Clearinghouse

Document

2:13-cv-00882

Docket [PACER]

Oct. 15, 2019

Oct. 15, 2019

Docket
1

2:13-cv-00882

Complaint

May 6, 2013

May 6, 2013

Complaint
11

2:13-cv-00882

Order to amend Second Amended Complaint

U.S. District Court for the Central District of California

Jan. 21, 2014

Jan. 21, 2014

Order/Opinion
65

2:13-cv-00882

Fifth Amended Complaint

Jewett v. Shasta County Sheriff's Department

June 2, 2016

June 2, 2016

Complaint
90

2:13-cv-00882

Order and Amended Findings and Recommendations

2017 WL 980446

March 13, 2017

March 13, 2017

Magistrate Report/Recommendation
96

2:13-cv-00882

Order

2017 WL 1356054

April 5, 2017

April 5, 2017

Order/Opinion
116

2:13-cv-00882

Memorandum of Understanding Regarding Settlement and Class Action Settlement Agreement and Release of Claims

Aug. 11, 2017

Aug. 11, 2017

Settlement Agreement
119 & 119-1 to 119-4

2:13-cv-00882

Notice of Motion and Motion for Order: (1) Granting Preliminary Approval of Class Action Settlement Class; (3) Directing Notice to the Class; and (4) Setting Date for Fairness Hearing

Jewett v. Shasta County Sheriff's Department

Nov. 28, 2017

Nov. 28, 2017

Pleading / Motion / Brief
170

2:13-cv-00882

Order Approving Fees of Settlement

Jan. 2, 2019

Jan. 2, 2019

Order/Opinion
161

2:13-cv-00882

Order Approving Class Action Settlement

Feb. 11, 2019

Feb. 11, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5935363/pc-jewett-v-california-forensic-medical-group/

Last updated Aug. 2, 2022, 3:22 a.m.

ECF Number Description Date Link Date / Link
1

PRISONER CIVIL RIGHTS COMPLAINT against Austin, California Forensic Medical Group, Shasta County Jail by Everett Jewett. (Meuleman, A) (Entered: 05/10/2013)

May 6, 2013

May 6, 2013

PACER
2

MOTION to PROCEED IN FORMA PAUPERIS by Everett Jewett. (Meuleman, A) (Entered: 05/10/2013)

May 6, 2013

May 6, 2013

PACER
3

PRISONER NEW CASE DOCUMENTS and ORDER RE CONSENT ISSUED; Consent or Decline due by 6/13/2013 (Attachments: # 1 Order re Consent) (Meuleman, A) (Entered: 05/10/2013)

1 Order re Consent

View on PACER

May 10, 2013

May 10, 2013

PACER

Service by Mail

May 10, 2013

May 10, 2013

PACER

SERVICE BY MAIL: 3 Prisoner New Case Documents for Magistrate Judge as Presider served on Everett Jewett. (Meuleman, A)

May 10, 2013

May 10, 2013

PACER
4

CONSENT to JURISDICTION of US MAGISTRATE JUDGE by Everett Jewett. (Michel, G) (Entered: 05/23/2013)

May 22, 2013

May 22, 2013

PACER
5

FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all Defendants by Everett Jewett. (Zignago, K.) (Entered: 06/10/2013)

June 7, 2013

June 7, 2013

PACER
6

ORDER signed by Magistrate Judge Allison Claire on 08/26/13 granting 2 Motion to Proceed IFP. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. All fees shall be paid in accordance with the court's order to the Sheriff of Shasta County filed concurrently herewith. The amended complaint supersedes the original complaint. The amended complaint is dismissed for the reasons discussed above, with leave to file a second amended complaint within 28 days from the date of service of this order. (Plummer, M) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

RECAP

Service by Mail

Aug. 27, 2013

Aug. 27, 2013

PACER

SERVICE BY MAIL: 6 Order on Motion to Proceed in forma pauperis, served on Everett Jewett. (Plummer, M)

Aug. 27, 2013

Aug. 27, 2013

PACER
7

ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Everett Jewett signed by Magistrate Judge Allison Claire on 08/26/13. The Sheriff of Shasta County shall collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this orderand a copy of plaintiff's IFP on the Sheriff of Shasta County. Clerk to also serve Financial with a copy of this order. (cc: Financial)(Plummer, M) (Entered: 08/27/2013)

Aug. 27, 2013

Aug. 27, 2013

RECAP

SERVICE BY MAIL: 7 Order Directing Prisoner Payment, served on Everett Jewett. A copy of this order and a copy of plaintiff's IFP 2 served on the Sheriff of Shasta County. (Plummer, M)

Aug. 27, 2013

Aug. 27, 2013

PACER
8

REQUEST for copy of amended complaint by Everett Jewett. (Zignago, K.) (Response sent: If you wish to have a conformed copy returned to you, you must file an original plus twocopies and provide the court with a self-addressed stamped envelope with the correct postage.) Modified on 9/17/2013 (Dillon, M). (Entered: 09/13/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
9

SECOND AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Austin, California Forensic Medical Group, Shasta County Jail by Everett Jewett. (Meuleman, A) (Entered: 09/17/2013)

Sept. 16, 2013

Sept. 16, 2013

PACER
10

MOTION for SUMMARY JUDGMENT by Everett Jewett. (Meuleman, A) (Entered: 10/16/2013)

Oct. 15, 2013

Oct. 15, 2013

PACER
11

ORDER signed by Magistrate Judge Allison Claire on 01/21/14 ordering plaintiff's claims of negligence and due process violations against the defendants are dismissed for the reasons discussed above, with leave to file a third amended complaint within 28 days from the date of service of this order. Plaintiff's premature motion for summary judgment 10 is hereby vacated. (Plummer, M) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

RECAP

Service by Mail

Jan. 22, 2014

Jan. 22, 2014

PACER

SERVICE BY MAIL: 11 Order on Motion for Summary Judgment, served on Everett Jewett. (Plummer, M)

Jan. 22, 2014

Jan. 22, 2014

PACER
12

MOTION for 90-DAY EXTENSION OF TIME to Amend 9 Second Amended Prisoner Civil Rights Complaint by Everett Jewett. (Mena-Sanchez, L) (Entered: 02/04/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
13

[STRICKEN- PURSUANT TO 14 Order] THIRD AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all defendants by plaintiff Everett Jewett. (Marciel, M) Modified on 3/26/2014 (Donati, J). (Entered: 02/18/2014)

Feb. 14, 2014

Feb. 14, 2014

PACER
14

ORDER signed by Magistrate Judge Allison Claire on 02/19/14 ordering plaintiff's proposed amended complaint 13 filed on 2/14/14 is stricken. Plaintiff's motion for an extension of time 12 is granted. Plaintiff is granted 60 days from the date of this order to file a third amended complaint. There will be no further extension, and failure to file a third amended complaint in accordance with this order will result in this action proceeding against the defendants and on the claims of the second amended complaint this court has previously found cognizable. (Plummer, M) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER

Service by Mail

Feb. 20, 2014

Feb. 20, 2014

PACER

SERVICE BY MAIL: 14 Order on Motion for Extension,, served on Everett Jewett. (Plummer, M)

Feb. 20, 2014

Feb. 20, 2014

PACER
15

THIRD AMENDED PRISONER CIVIL RIGHTS COMPLAINT against all defendants by plaintiff Everett Jewett. (Attachments: # 1 Civil Cover Sheet) (MAINTAINED ON PAPER) (Marciel, M) Modified on 3/26/2014 (Donati, J). (Entered: 03/25/2014)

1 Civil Cover Sheet

View on PACER

March 24, 2014

March 24, 2014

PACER
16

MOTION to PROCEED IN FORMA PAUPERIS by plaintiff Everett Jewett. (Marciel, M) (Entered: 03/25/2014)

March 24, 2014

March 24, 2014

PACER
17

FOURTH AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Everett Jewett by Everett Jewett.(Reader, L) (Entered: 04/03/2014)

April 2, 2014

April 2, 2014

PACER
18

LETTER from plaintiff Everett Jewett regarding his extensive spinal injuries and disabilities. (Marciel, M) (Entered: 05/01/2014)

April 30, 2014

April 30, 2014

PACER
19

LETTER confirming mailing address; REQUEST FOR STATUS from Everett Jewett. (Michel, G) (Response Sent - The Court will notify you as soon as any action is taken on your case.) Modified on 7/14/2014 (Yin, K). (Entered: 07/07/2014)

July 3, 2014

July 3, 2014

PACER
20

REQUEST for status of case by Everett Jewett. (Kastilahn, A)(Response sent: "The Court will notify you as soon as any action is taken in your case.") Modified on 9/3/2014 (Plummer, M). (Entered: 09/03/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
21

ORDER signed by Magistrate Judge Allison Claire on 9/24/2014 ORDERING that service is appropriate for Dr. Jeremy Austin, California Forensic Medical Group, Inc., Shasta County Sheriff's Department, Mary Barns and James Roemech; the Clerk shall send plaintiff forms for service to be completed and returned within 28 days. (Yin, K) (Entered: 09/24/2014)

Sept. 24, 2014

Sept. 24, 2014

PACER

Service by Mail

Sept. 24, 2014

Sept. 24, 2014

PACER

SERVICE BY MAIL: 21 Order along with 1 Summons, 5 USM-285 forms, an instruction sheet and 1 copy of the 4/2/14 amended complaint served on Everett Jewett. (Yin, K)

Sept. 24, 2014

Sept. 24, 2014

PACER
22

NOTICE OF SUBMISSION OF DOCUMENTS: 1 Summons, 5 USM-285 Forms, and 6 copies of the 4th amended complaint by Everett Jewett. (Reader, L) (Entered: 10/02/2014)

Oct. 1, 2014

Oct. 1, 2014

PACER
23

NOTICE of submission of documents for documents already submitted by Everett Jewett. (Manzer, C) (Entered: 10/06/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
24

ORDER DIRECTING USM to serve process within 14 days on defendants Jeremy Austin, Mary Barns, California Forensic Medical Group, Inc., James Roemech and Shasta County Sheriff's Department signed by Magistrate Judge Allison Claire on 10/7/2014. The Clerk is directed to forward to the USM documents for service, the form re consent or request for reassignment and this order. The Clerk shall also send plaintiff a copy of the Local Rules. (Yin, K) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER

Service by Mail

Oct. 9, 2014

Oct. 9, 2014

PACER

SERVICE BY MAIL: 24 Order and Local Rules served on Everett Jewett. The USM served with instructions for service, completed summons, 5 USM-285 forms, 6 copies each of the 4/2/2014 complaint, the order re consent and 24 service process order.(Yin, K)

Oct. 9, 2014

Oct. 9, 2014

PACER
25

ORDER RE CONSENT OR REQUEST FOR REASSIGNMENT signed by Magistrate Judge Allison Claire on 10/9/2014. (cc: for USM service) (Yin, K) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
26

WAIVER of SERVICE RETURNED EXECUTED: defendants Jeremy Austin, Mary Barns, and James Roemech Waiver sent on 10/17/2014. (Marciel, M) Modified on 11/4/2014 (Plummer, M). (Entered: 11/03/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
29

ADDENDUM to the 4th amended complaint by Everett Jewett. (Kastilahn, A) (Entered: 11/17/2014)

Nov. 14, 2014

Nov. 14, 2014

PACER
27

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by Jeremy Austin, Mary Barns, James Roemech and California Forensic Medical Group, Inc.. Attorney Varanini, Jerome Martin added. (Attachments: # 1 Proof of Service)(Varanini, Jerome) Modified on 11/19/2014 (Yin, K). (Entered: 11/17/2014)

1 Proof of Service

View on PACER

Nov. 17, 2014

Nov. 17, 2014

PACER
28

[DISREGARD, DUPLICATE OF 27 ANSWER] ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by James Roemech. Attorney Varanini, Jerome Martin added. (Attachments: # 1 Proof of Service)(Varanini, Jerome) Modified on 11/20/2014 (Yin, K). (Entered: 11/17/2014)

1 Proof of Service

View on PACER

Nov. 17, 2014

Nov. 17, 2014

PACER
30

DISCOVERY and SCHEDULING ORDER signed by Magistrate Judge Allison Claire on 11/20/2014: Discovery due by 3/13/2015; Pretrial Motions, except motions to compel discovery, due on or before 6/5/2015; and Pretrial Conference and Trial dates will be set as appropriate. (Yin, K) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER

Service by Mail

Nov. 21, 2014

Nov. 21, 2014

PACER

SERVICE BY MAIL: 30 Discovery and Scheduling Order served on Everett Jewett. (Yin, K)

Nov. 21, 2014

Nov. 21, 2014

PACER
31

ANSWER with Jury Demand by Shasta County Sheriff's Department. Attorney Brickwood, Gary Charles added. (Attachments: # 1 Proof of Service)(Brickwood, Gary) (Entered: 12/17/2014)

1 Proof of Service

View on PACER

Dec. 17, 2014

Dec. 17, 2014

PACER

Service by Mail

Dec. 17, 2014

Dec. 17, 2014

PACER
32

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Shasta County Sheriff's Department. (Attachments: # 1 Proof of Service)(Brickwood, Gary) Modified on 12/17/2014 (Plummer, M). (Entered: 12/17/2014)

1 Proof of Service

View on PACER

Dec. 17, 2014

Dec. 17, 2014

PACER
33

CLERK'S NOTICE (text only): This case has been assigned to U.S. District Judge Morrison C. England Jr. and U.S. Magistrate Judge Allison Claire; the new case number is 2:13-cv-882 MCE AC (PC). (Plummer, M) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER

SERVICE BY MAIL: 33 Notice - Other served on Everett Jewett. (Plummer, M)

Dec. 17, 2014

Dec. 17, 2014

PACER
34

WAIVER of SERVICE RETURNED EXECUTED: Shasta County Sheriff's Department Waiver sent on 10/17/2014. (Zignago, K.) (Entered: 12/22/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER

Mail Returned

Dec. 29, 2014

Dec. 29, 2014

PACER

MAIL RETURNED as No longer in custody: unable to forward 33 Notice sent to Everett Jewett. Notice of Change of Address due by 3/9/2015. (Mena-Sanchez, L)

Dec. 29, 2014

Dec. 29, 2014

PACER
35

NOTICE of CHANGE of ADDRESS to PO Box 600, Tracy, CA 95378 by Everett Jewett. and notice of counsel.(Becknal, R) (Entered: 01/20/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER

Service by Mail

Jan. 26, 2015

Jan. 26, 2015

PACER

RE-SERVICE BY MAIL: 33 Notice - Other served on Everett Jewett. (Dillon, M)

Jan. 26, 2015

Jan. 26, 2015

PACER
36

SUMMONS RETURNED EXECUTED: California Forensic Medical Group, Inc. served on 1/23/2015. (Zignago, K.) (Entered: 02/05/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
37

REQUEST for Court Order Reimbursing Service Fees filed by USM. (Zignago, K.) (Entered: 02/05/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
38

CERTIFICATE of SERVICE by Shasta County Sheriff's Department re 31 Answer to Complaint. (Brickwood, Gary) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
39

CERTIFICATE of SERVICE by Shasta County Sheriff's Department regarding document 32 . (Brickwood, Gary) Modified on 2/23/2015 (Plummer, M). (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
40

MOTION for 180-DAY EXTENSION OF TIME to Extend Cut-Off Dates for Discovery and Dispositive Motions by Shasta County Sheriff's Department. (Attachments: # 1 Points and Authorities, # 2 Declaration of Gary Brickwood, # 3 Proposed Order, # 4 Proof of Service)(Brickwood, Gary) Modified on 3/3/2015 (Plummer, M). (Entered: 03/02/2015)

1 Points and Authorities

View on PACER

2 Declaration of Gary Brickwood

View on PACER

3 Proposed Order

View on PACER

4 Proof of Service

View on PACER

March 2, 2015

March 2, 2015

PACER
41

STATEMENT of NON-OPPOSITION by Jeremy Austin, Mary Barnes, California Forensic Medical Group, Inc., James Roemmich to 40 MOTION for 180-DAY EXTENSION OF TIME to Extend Cut-Off Dates for Discovery and Dispositive Motions. (Attachments: # 1 Proof of Service)(Varanini, Jerome) (Entered: 03/03/2015)

1 Proof of Service

View on PACER

March 3, 2015

March 3, 2015

PACER
42

ORDER signed by Magistrate Judge Allison Claire on 3/4/2015 GRANTING defendant's 40 motion and VACATING the 4/1/2015 hearing; the Scheduling Order is revised as to discovery is extended to 9/9/2015, and all pretrial motions, except motions to compel discovery, shall be filed on or before 12/2/2015. (Yin, K) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

RECAP

Service by Mail

March 5, 2015

March 5, 2015

PACER

SERVICE BY MAIL: 42 Order on Motion for Extension served on Everett Jewett. (Yin, K)

March 5, 2015

March 5, 2015

PACER
43

MOTION to COMPEL by Everett Jewett. (Zignago, K.) (Entered: 04/14/2015)

April 10, 2015

April 10, 2015

PACER
44

OPPOSITION by California Forensic Medical Group, Inc. to 43 MOTION to COMPEL. (Attachments: # 1 Declaration, # 2 Proof of Service)(Varanini, Jerome) Modified on 4/17/2015 (Plummer, M). (Entered: 04/16/2015)

1 Declaration

View on PACER

2 Proof of Service

View on PACER

April 16, 2015

April 16, 2015

PACER
45

NOTICE of APPEARANCE by Jon Ali Atabek on behalf of Everett Jewett. Attorney Atabek, Jon Ali added. (Atabek, Jon) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER
46

NOTICE of APPEARANCE by Anna Mercedes Rivera on behalf of Everett Jewett. Attorney Rivera, Anna Mercedes added. (Rivera, Anna) (Entered: 06/08/2015)

June 8, 2015

June 8, 2015

PACER
47

NOTICE of CHANGE of ADDRESS to California Medical Facility, PO Box 2500, Vacaville, CA 95696-2500 by Everett Jewett. (Zignago, K.) (Entered: 08/14/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
48

NOTICE of APPEARANCE by Kara Jane Janssen on behalf of Everett Jewett. Attorney Janssen, Kara Jane added. (Janssen, Kara) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
49

STIPULATION and PROPOSED ORDER for Vacate Discovery Cutoff and Dispositive Motion Deadline by Shasta County Sheriff's Department. (Attachments: # 1 Proposed Order)(Brickwood, Gary) (Entered: 08/25/2015)

1 Proposed Order

View on PACER

Aug. 25, 2015

Aug. 25, 2015

PACER
50

ORDER signed by Magistrate Judge Allison Claire on 08/28/15 ordering that the discovery deadline of 09/09/15 and the dispositive motion deadline of 12/02/15 are vacated. The Discovery and Scheduling Order 30 is hereby revised as follows: The parties may conduct discovery until 03/15/16. All pretrial motions, except motions to compel discovery, shall be filed on or before 6/15/16. (Plummer, M) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

RECAP
51

ORDER signed by Magistrate Judge Allison Claire on 11/18/15 DENYING without prejudice plaintiff's 43 motion to compel. (Yin, K) (Entered: 11/18/2015)

Nov. 18, 2015

Nov. 18, 2015

RECAP
52

PROPOSED ORDER re Stipulated Protective Order by Everett Jewett. (Janssen, Kara) (Entered: 01/04/2016)

Jan. 4, 2016

Jan. 4, 2016

PACER
53

STIPULATED PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 1/08/16. (See order for further details).(Plummer, M) (Entered: 01/11/2016)

Jan. 11, 2016

Jan. 11, 2016

RECAP
54

NOTICE of APPEARANCE by Jonathan Gibson on behalf of Everett Jewett. Attorney Gibson, Jonathan added. (Gibson, Jonathan) (Entered: 01/12/2016)

Jan. 12, 2016

Jan. 12, 2016

PACER
55

STIPULATION and PROPOSED ORDER for Vacate Discovery Cutoff and Dispositive Motion Deadline by Everett Jewett. (Attachments: # 1 Proposed Order Proposed Order to Vacate Discovery Cutoff and Dispositive Motion Deadlines)(Janssen, Kara) (Entered: 03/14/2016)

1 Proposed Order Proposed Order to Vacate Discovery Cutoff and Dispositive Motion

View on PACER

March 14, 2016

March 14, 2016

PACER
56

ORDER signed by Magistrate Judge Allison Claire on 03/15/16 ordering that the discovery cut-off of 03/15/16 and the dispositive motion deadline of 06/15/16 are vacated. Plaintiff will file or seek leave to file, Plaintiff's amended complaint within 60 days of this order. (Plummer, M) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

RECAP
57

NOTICE of APPEARANCE by Steven P. Ragland on behalf of Everett Jewett. Attorney Ragland, Steven P. added. (Ragland, Steven) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
58

NOTICE of APPEARANCE by Ajay Sundar Krishnan on behalf of Everett Jewett. Attorney Krishnan, Ajay Sundar added. (Krishnan, Ajay) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
59

NOTICE of APPEARANCE by Joseph Taylor Gooch on behalf of Everett Jewett. Attorney Gooch, Joseph Taylor added. (Gooch, Joseph) (Entered: 05/06/2016)

May 6, 2016

May 6, 2016

PACER
60

STIPULATION and PROPOSED ORDER for Motion for An Extension to File Plaintiff's Fifth Amended Complaint by Everett Jewett. (Gooch, Joseph) (Entered: 05/16/2016)

May 16, 2016

May 16, 2016

PACER
61

ORDER signed by District Judge Morrison C. England, Jr. on 5/16/2016 ORDERING that the deadline to file plaintiff's Fifth Amended Complaint is EXTENDED to 5/30/2016. (Reader, L) (Entered: 05/17/2016)

May 17, 2016

May 17, 2016

RECAP
62

STIPULATION and PROPOSED ORDER for Leave to File Fifth Amended Complaint by Everett Jewett. (Attachments: # 1 Exhibit A)(Gooch, Joseph) (Entered: 05/25/2016)

1 Exhibit A

View on PACER

May 25, 2016

May 25, 2016

PACER
63

STIPULATION and ORDER signed by District Judge Morrison C. England, Jr., on 6/1/16, ORDERING that the Court grants leave for Plaintiff to file a Fifth Amended Complaint. (Kastilahn, A) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

RECAP
64

CIVIL COVER SHEET by Everett Jewett (Ragland, Steven) (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
65

FIFTH AMENDED PRISONER CIVIL RIGHTS COMPLAINT against All Defendants by all Plaintiffs. (Ragland, Steven) Modified on 6/2/2016 (Kastilahn, A). (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
66

DEMAND for TRIAL by JURY by all Plaintiffs. Attorney Ragland, Steven P. added. (Ragland, Steven) Modified on 6/2/2016 (Kastilahn, A). (Entered: 06/02/2016)

June 2, 2016

June 2, 2016

PACER
67

ORDER signed by Magistrate Judge Allison Claire on 06/22/16 ordering Dr. Jeremy Austin, Mary Barns, and James Roemech are dismissed as defendants in this action. Service is appropriate for the following defendants: Shasta County and Tom Bosenko,Sheriff of Shasta County. Within fourteen days of the date of this order, counsel for defendant Shasta County Sheriffs Department, Mr. Gary Brickwood, is directed to file waivers of service ofprocess for new defendants Shasta County and Tom Bosenko, or show cause inwriting why he is unable to do so. All defendants shall have thirty days from the date of service of the fifth amended complaint, or the filing of waivers of service thereto, to answer or otherwise respond to the complaint. Within sixty days of the filing date of this order, the parties shall file a joint statement of availability for the period of September 1, 2016 through November 30, 2016, indicating blackout dates when counsel will not be available for a status conference.(Plummer, M) Modified on 6/23/2016 (Plummer, M). (Entered: 06/23/2016)

June 23, 2016

June 23, 2016

RECAP
68

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT with Jury Demand by California Forensic Medical Group, Inc.. (Varanini, Jerome) (Entered: 07/06/2016)

July 6, 2016

July 6, 2016

PACER
69

WAIVERS of SERVICE RETURNED EXECUTED: Tom Bosenko Waiver and Shasta County Waivers sent on 6/2/2016. (Brickwood, Gary) Modified on 7/8/2016 (Yin, K). (Entered: 07/07/2016)

July 7, 2016

July 7, 2016

PACER
70

ANSWER with Jury Demand by Tom Bosenko, Shasta County, Shasta County Sheriff's Department.(Brickwood, Gary) (Entered: 07/18/2016)

July 18, 2016

July 18, 2016

PACER
71

NOTICE of CHANGE of ADDRESS by Anna Mercedes Rivera. (Rivera, Anna) (Entered: 07/29/2016)

July 29, 2016

July 29, 2016

PACER
72

JOINT STATEMENT in response to the Court's June 23, 2016 order 67 by Plaintiffs Michael Donald Ackley, Glen Harold Everett, Everett Jewett, Legal Services for Prisoners with Children, Harold Robert Marquette. Attorney Gooch, Joseph Taylor added. (Gooch, Joseph) Modified on 8/22/2016 (Plummer, M). (Entered: 08/19/2016)

Aug. 19, 2016

Aug. 19, 2016

PACER
73

ORDER signed by Magistrate Judge Allison Claire on 8/31/2016 SETTING a Status (Pretrial Scheduling) Conference for 10/19/2016 at 10:00 AM in Courtroom 26 (AC) before Magistrate Judge Allison Claire. No later than 14 days prior to the Status Conference, the parties shall file a Joint Status Report in accordance with this order. The Clerk shall attach to this order the form "Consent to Proceed Before a Magistrate Judge". (Attachments: # 1 Order re Consent) (Yin, K) (Entered: 08/31/2016)

1 Order re Consent

View on PACER

Aug. 31, 2016

Aug. 31, 2016

PACER
74

NOTICE OF CHANGE IN COUNSEL by Everett Jewett. (Rivera, Anna) (Entered: 09/01/2016)

Sept. 1, 2016

Sept. 1, 2016

PACER
75

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Maronel Barajas for Michael Donald Ackley, Glen Harold Everett, Everett Jewett,Legal Services for Prisoners with Children and Harold Robert Marquette (Rivera, Anna) Modified on 9/6/2016 (Plummer, M). (Entered: 09/02/2016)

Sept. 2, 2016

Sept. 2, 2016

PACER
76

NOTICE of Consent to Jurisdiction of a United States Magistrate Judge by Michael Donald Ackley, Glen Harold Everett, Everett Jewett, Legal Services for Prisoners with Children, Harold Robert Marquette re 73 Order Re Consent or Request for Reassignment,, Set/Reset Deadlines and Hearings,. (Gooch, Joseph) (Entered: 09/06/2016)

Sept. 6, 2016

Sept. 6, 2016

PACER
77

DECLINE to PROCEED BEFORE US MAGISTRATE JUDGE by Tom Bosenko, Shasta County, Shasta County Sheriff's Department. (Brickwood, Gary) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Multi-LexSum (in sample)

Key Dates

Filing Date: May 6, 2013

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications, services, and and/or physical access in accordance with federal and state disability laws.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Forensic Medical Group (Monterey, Monterey), Private Entity/Person

Shasta County (Shasta), County

Defendant Type(s):

Corrections

Hospital/Health Department

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $850,000

Order Duration: 2018 - 2020

Content of Injunction:

Develop anti-discrimination policy

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Reasonable Accommodation

Recordkeeping

Reporting

Required disclosure

Training

Issues

General:

Administrative segregation

Conditions of confinement

Confinement/isolation

Failure to train

Grievance Procedures

Placement in detention facilities

Reasonable Accommodations

Reasonable Modifications

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run