Case: Babu v. Ahern (Babu v. County of Alameda)

5:18-cv-07677 | U.S. District Court for the Northern District of California

Filed Date: Dec. 21, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 21, 2018, detainees at California’s Alameda County Jail filed a class-action complaint for declaratory and injunctive relief against the County of Alameda in the U.S. District Court for the Northern District of California. Represented by private counsel, the plaintiffs sued for violations of their rights under the Eighth and Fourteenth Amendments of the U.S. Constitution, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and California state law. The plaint…

On December 21, 2018, detainees at California’s Alameda County Jail filed a class-action complaint for declaratory and injunctive relief against the County of Alameda in the U.S. District Court for the Northern District of California. Represented by private counsel, the plaintiffs sued for violations of their rights under the Eighth and Fourteenth Amendments of the U.S. Constitution, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and California state law. The plaintiffs asked the court for a declaration that the jail’s ongoing practices violated their constitutional and statutory rights, and injunctive relief ordering the jail to end the use of “safety cells” and to give prisoners with psychiatric disabilities access to adequate mental health care. The case was assigned to Judge Nathanael M. Cousins.

Specifically, the plaintiffs alleged that suicidal prisoners were thrown into “safety cells,” “where they are stripped naked and given only a smock to cover themselves. The safety cells contain no furniture and only a hole in the ground for prisoners to use as a bathroom, meaning that prisoners have to sleep and eat on the same floor that they must also urinate and defecate on and are also unable to wash their hands after going to the bathroom.” Although jail policy limited confinement in these cells to seventy-two hours, the complaint alleged that the prisoners had been forced to stay in those cells for a week or more at a time, causing prisoners to stop reporting suicidal feelings to staff in order to avoid being thrown into these cells.

On December 6, 2019, the plaintiffs and the jail filed a joint motion for class certification. On January 21, 2020, the court certified a class of “All adults who are now, or in the future will be, incarcerated in the Alameda County Jail,” and a subclass of all members of the primary class “with a psychiatric disability,” as defined by the ADA, the Rehabilitation Act, and California statute.

The parties reached a proposed settlement on August 26, 2021, and the court gave preliminary approval of the settlement on September 23, 2021, and held a final approval hearing over several days in January 2022. For more about the settlement terms, see https://rbgg.com/proposed-settlement-reached-in-federal-class-action-over-alameda-county-jail-mental-health-care.

Throughout 2020, the parties engaged in negotiations discussing jail responses to the COVID-19 epidemic. Through status reports provided to the court, the jail noted that it had imposed occupancy restrictions of three incarcerated people per vehicle for transportation to and from the jail; provided testing to the incarcerated population; and used contact tracing to monitor the spread of the virus throughout the incarcerated population. The plaintiffs critiqued the defendants’ actions as being insufficient, especially with regard to testing. The plaintiffs argued that the defendants were not conducting enough testing, particularly of new people entering the jail. They also urged the defendants to reduce the jail population in order to decrease the risk of exposure.

On August 17, 2020, the plaintiffs filed an amended complaint. They largely reiterated their previous claims, but also included additional facts pertaining to COVID. The plaintiffs alleged that the conditions of confinement in light of COVID violated the Eighth Amendment, due process, California state law, Title II of the ADA, and the Rehabilitation Act.

On August 26, 2021, the plaintiffs submitted an unopposed motion for preliminary approval of a consent decree that would last for six years from the time of its entry and retain jurisdiction for the district court. The court granted the motion on September 25. The defendants agreed to implement a new classification system that limits the use and duration of restrictive housing. This system was intended to prohibit the jail from placing individuals with serious mental illness in the most restrictive system, absent a determination that the individual presented an immediate and serious danger such that there was no reasonable alternative. The agreement also provided that the defendants would reconfigure recreation spaces to maximize out-of-cell time, and ensure that incarcerated people are offered adequate out-of-cell time each day (at least 14 hours for everyone, and people in less restrictive spaces would be given at least 35 hours). 

Major changes were agreed to to improve the jail’s handling of detained individuals’ mental health needs, too. For example, the jail must maintain sufficient mental health staff to provide adequate care 24 hours a day, seven days a week. The jail will hire 107 mental health employees over the next three years. Beyond mental health staffing, the jail also agreed to hire more than three hundred custody staff so that the jail could be operated safely, with minimal need for overtime.

The jail also agreed to overhaul its policies and procedures for addressing inmates’ mental health needs. These changes would be made in consultation with an agreed-upon subject matter expert in the subsequent three months.

Similarly, the jail agreed to work with an ADA subject matter expert to improve its compliance with the ADA. It also agreed to encourage its ADA Coordinators to serve for at least five years to ensure consistency and made arrangements for continuity whenever the Coordinator would be absent. An improved communication policy for engaging with detained individuals with psychiatric disabilities was specifically called for.

The Decree required changes to the jail's use of force policies, too. The jail agreed to draft a new policy in consultation with an agreed-upon use of force expert. In addition, the jail agreed to discontinue its use of WRAP devices. Any time some other restraint is applied to a Behavioral Health Client, the jail must follow new procedures designed to notify medical staff and incorporate their opinion on the situation.

The settlement agreement gave experts the opportunity to tour the jail twice per year to ensure compliance, and also allowed for tours by class counsel and the Department of Justice. Defendants also agreed to cover $2,150,000 in legal fees and costs for plaintiffs. And the defendants also agreed to pay for monitoring costs. 

Throughout 2020, the parties engaged in negotiations discussing jail responses to the COVID-19 epidemic. Through status reports provided to the court, the jail noted that it had imposed occupancy restrictions of three incarcerated people per vehicle for transportation to and from the jail; provided testing to the incarcerated population; and used contact tracing to monitor the spread of the virus throughout the incarcerated population. The plaintiffs critiqued the defendants’ actions as being insufficient, especially with regard to testing. The plaintiffs argued that the defendants were not conducting enough testing, particularly of new people entering the jail. They also urged the defendants to reduce the jail population in order to decrease the risk of exposure.

On August 17, 2020, the plaintiffs filed an amended complaint. They largely reiterated their previous claims, but also included additional facts pertaining to COVID. The plaintiffs alleged that the conditions of confinement in light of COVID violated the Eighth Amendment, due process, California state law, Title II of the ADA, and the Rehabilitation Act.

On August 26, 2021, the plaintiffs submitted an unopposed motion for preliminary approval of a consent decree that would last for six years from the time of its entry and retain jurisdiction for the district court. The court granted the motion on September 25. The defendants agreed to implement a new classification system that limits the use and duration of restrictive housing. This system was intended to prohibit the jail from placing individuals with serious mental illness in the most restrictive system, absent a determination that the individual presented an immediate and serious danger such that there was no reasonable alternative. The agreement also provided that the defendants would reconfigure recreation spaces to maximize out-of-cell time, and ensure that incarcerated people are offered adequate out-of-cell time each day (at least 14 hours for everyone, and people in less restrictive spaces would be given at least 35 hours). 

Major changes were agreed to to improve the jail’s handling of detained individuals’ mental health needs, too. For example, the jail must maintain sufficient mental health staff to provide adequate care 24 hours a day, seven days a week. The jail will hire 107 mental health employees over the next three years. Beyond mental health staffing, the jail also agreed to hire more than three hundred custody staff so that the jail could be operated safely, with minimal need for overtime.

The jail also agreed to overhaul its policies and procedures for addressing inmates’ mental health needs. These changes would be made in consultation with an agreed-upon subject matter expert in the subsequent three months.

Similarly, the jail agreed to work with an ADA subject matter expert to improve its compliance with the ADA. It also agreed to encourage its ADA Coordinators to serve for at least five years to ensure consistency and made arrangements for continuity whenever the Coordinator would be absent. An improved communication policy for engaging with detained individuals with psychiatric disabilities was specifically called for.

The Decree required changes to the jail's use of force policies, too. The jail agreed to draft a new policy in consultation with an agreed-upon use of force expert. In addition, the jail agreed to discontinue its use of WRAP devices. Any time some other restraint is applied to a Behavioral Health Client, the jail must follow new procedures designed to notify medical staff and incorporate their opinion on the situation.

The settlement agreement gave experts the opportunity to tour the jail twice per year to ensure compliance, and also allowed for tours by class counsel and the Department of Justice. Defendants also agreed to cover $2,150,000 in legal fees and costs for plaintiffs. And the defendants also agreed to pay for monitoring costs.

While the magistrate judge granted final approval of the consent decree, one plaintiff has appealed that judgment, arguing that the terms do not reflect the plaintiffs' best interests. As of May 29, 2022, that appeal is ongoing.

Summary Authors

Lisa Limb (3/20/2019)

Bogyung Lim (8/4/2020)

Jordan Katz (12/27/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/8471952/parties/babu-v-ahern/


Judge(s)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

Arulanantham, Rekha Elaine (California)

Bornstein, Jeffrey L (California)

Cabrera, Hugo Dario (California)

Galvan, Ernest (California)

Janssen, Kara J. (California)

Attorneys(s) for Defendant

Mello, Paul Brian (California)

Peters, Temitayo O. (California)

Thomas, Gregory B. (California)

Wolff, Samantha D. (California)

Judge(s)

Cousins, Nathanael M. (California)

Attorneys(s) for Plaintiff

Arulanantham, Rekha Elaine (California)

Bornstein, Jeffrey L (California)

Cabrera, Hugo Dario (California)

Galvan, Ernest (California)

Janssen, Kara J. (California)

Attorneys(s) for Defendant

Mello, Paul Brian (California)

Peters, Temitayo O. (California)

Thomas, Gregory B. (California)

Wolff, Samantha D. (California)

Other Attorney(s)

Huang, Yolanda (California)

Lee, Jonathan Unruh (California)

Documents in the Clearinghouse

Document

5:18-cv-07677

Docket [PACER]

Babu v. County of Alameda

Aug. 3, 2020

Aug. 3, 2020

Docket
1

5:18-cv-07677

Civil Complaint for Declaratory and Injunctive Relief

Babu v. County of Alameda

Dec. 21, 2018

Dec. 21, 2018

Complaint
64

5:18-cv-07677

Order Granting Joint Motion for Class Certification

Babu v. County of Alameda

Jan. 21, 2020

Jan. 21, 2020

Order/Opinion
186

First Amended Civil Complaint for Declaratory and Injunctive Relief

Babu v. Ahern

Aug. 17, 2020

Aug. 17, 2020

Complaint
266

5:18-cv-07677

Plaintiffs' Unopposed Motion for Preliminary Approval of Consent Decree

Babu v. Ahern

Aug. 26, 2021

Aug. 26, 2021

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8471952/babu-v-ahern/

Last updated July 23, 2022, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief (Class Action) against All Defendants ( Filing fee $ 400, receipt number 0971-12949687.). Filed byStephanie Navarro, Ibrahim Keegan-Hornsby, Roberto Serrano, Robert Bell, Alexander Washington, Ashok Babu, Demarea Johnson, Brandon Jones. (Attachments: # 1 Civil Cover Sheet)(Bornstein, Jeffrey) (Filed on 12/21/2018) (Entered: 12/21/2018)

1 Civil Cover Sheet

View on PACER

Dec. 21, 2018

Dec. 21, 2018

Clearinghouse
2

Case assigned to Judge Nathanael M. Cousins. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/4/2019. (srnS, COURT STAFF) (Filed on 12/21/2018) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
3

CLERK'S NOTICE SETTING Initial Case Management Conference for 2/27/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. Counsel may participate by telephone and must contact the Courtroom Deputy to make arrangements. Case Management Statement due by 2/20/2019. All parties shall file a consent or declination to proceed before a magistrate judge by 2/20/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/2/2019) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
4

NOTICE of Appearance by Kara Jane Janssen (Janssen, Kara) (Filed on 1/2/2019) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
5

NOTICE of Appearance by Hugo Dario Cabrera (Cabrera, Hugo) (Filed on 1/2/2019) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
6

NOTICE of Appearance by Ernest James Galvan (Galvan, Ernest) (Filed on 1/3/2019) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
7

Proposed Summons. (Galvan, Ernest) (Filed on 1/3/2019) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
8

Summons Issued as to Gregory J. Ahern, Carol Burton, County of Alameda. (sfbS, COURT STAFF) (Filed on 1/4/2019) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
9

*Filing Error* CERTIFICATE OF SERVICE by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington (Janssen, Kara) (Filed on 1/8/2019) Modified on 1/9/2019 (sfbS, COURT STAFF). (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER

Electronic filing error. Incorrect event used. [err101]**Re-file as Summons Returned Executed**Please re-file in its entirety. Re: 9 Certificate of Service, filed by Ashok Babu, Brandon Jones, Stephanie Navarro, Demarea Johnson, Roberto Serrano, Robert Bell, Ibrahim Keegan-Hornsby, Alexander Washington (sfbS, COURT STAFF) (Filed on 1/9/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER

Electronic filing error. Incorrect event used. [err101]**Re-file as Summons Returned Executed**Please re-file in its entirety. Re:9 Certificate of Service, filed by Ashok Babu, Brandon Jones, Stephanie Navarro, Demarea Johnson, Roberto Serrano, Robert Bell, Ibrahim Keegan-Hornsby, Alexander Washington (sfbS, COURT STAFF) (Filed on 1/9/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
10

SUMMONS Returned Executed by Stephanie Navarro, Ibrahim Keegan-Hornsby, Roberto Serrano, Robert Bell, Alexander Washington, Ashok Babu, Demarea Johnson, Brandon Jones. Gregory J. Ahern served on 1/7/2019, answer due 1/28/2019; Carol Burton served on 1/7/2019, answer due 1/28/2019; County of Alameda served on 1/7/2019, answer due 1/28/2019. (Janssen, Kara) (Filed on 1/9/2019) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

RECAP
11

STIPULATION by Plaintiffs to Extend Defendants Time to Respond to Complaint filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 1/28/2019) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
12

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington.. (Cabrera, Hugo) (Filed on 2/5/2019) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER
13

NOTICE of Appearance by Gregory B. Thomas for Defendants County of Alameda, et al. (Thomas, Gregory) (Filed on 2/12/2019) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
14

NOTICE of Appearance by Temitayo O. Peters as Counsel for Defendants County of Alameda, et al. (Peters, Temitayo) (Filed on 2/12/2019) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
15

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gregory J. Ahern, Carol Burton, County of Alameda.. (Thomas, Gregory) (Filed on 2/12/2019) (Entered: 02/12/2019)

Feb. 12, 2019

Feb. 12, 2019

PACER
16

STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT AND RELATED DATES filed by County of Alameda. (Thomas, Gregory) (Filed on 2/15/2019) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
17

ORDER GRANTING STIPULATION to Extend Time to Respond to First Amended Complaint and to Continue Case Management Conference and Related Dates 16 . Initial Case Management Conference set for 2/27/2019 is CONTINUED to 3/20/2019 at 10:00 AM in San Jose, Courtroom 5, 4th Floor. Case Management Statement due by 3/13/2019. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 2/15/2019) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
18

Received Document by Robert Bell, Brandon Jones, Ibrahim Keegan-Hornsby. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 3/1/2019) (Entered: 03/05/2019)

1 Envelope

View on PACER

March 1, 2019

March 1, 2019

PACER
19

Defendants' ANSWER to Complaint byGregory J. Ahern, Carol Burton, County of Alameda. (Thomas, Gregory) (Filed on 3/8/2019) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
20

NOTICE of Appearance by Samantha D. Wolff (Wolff, Samantha) (Filed on 3/11/2019) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER
21

CASE MANAGEMENT STATEMENT filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 3/13/2019) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

PACER
22

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Initial Case Management Conference held on 3/20/2019: Joint Site Inspection set for 5/15/2019; Updated Case Management Statement due by 5/22/2019; Further Case Management Conference set for 5/29/2019 10:00 AM; Court to issue scheduling order. Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein. Attorneys for Defendants: Gregory Thomas, Pual Mello, Samantha Wolff, Temitayo Peters. FTR Time: 10:09am - 10:55am. Time in Court: 46 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 3/20/2019) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER

~Util - Set Deadlines/Hearings

March 20, 2019

March 20, 2019

PACER

Case Management Conference - Initial

March 20, 2019

March 20, 2019

PACER
23

CASE MANAGEMENT SCHEDULING ORDER: Request for referral to a magistrate judge for settlement due by 4/10/2019; Selection of expert witnesses due by 4/17/2019; Last day to amend pleadings and add parties is 4/19/2019; Disclosure requirements are suspended until further court order. Signed by Judge Nathanael Cousins on 3/20/2019. (lmh, COURT STAFF) (Filed on 3/20/2019) (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
24

PDF with attached Audio File. Court Date & Time [ 3/20/2019 10:09:03 AM ]. File Size [ 22232 KB ]. Run Time [ 00:46:19 ]. (courtspeak). (Entered: 03/20/2019)

March 20, 2019

March 20, 2019

PACER
25

JOINT STATUS REPORT Joint Status Report Regarding Expert Selection by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 4/17/2019) Modified on 4/18/2019 (sfbS, COURT STAFF). (Entered: 04/17/2019)

April 17, 2019

April 17, 2019

PACER
26

STIPULATION WITH PROPOSED ORDER to Extend Deadline for Joint Site Inspection filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 5/9/2019) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
27

Order granting 26 Stipulation entered by Judge Nathanael M. Cousins. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER

Order on Stipulation

May 10, 2019

May 10, 2019

PACER
28

STIPULATION for Protective Order filed by Ashok Babu, Robert Bell, Demarea Johnson, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Galvan, Ernest) (Filed on 5/22/2019) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
29

JOINT CASE MANAGEMENT STATEMENT filed by Ashok Babu, Robert Bell, Demarea Johnson, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Galvan, Ernest) (Filed on 5/22/2019) Modified on 5/22/2019 (sfbS, COURT STAFF). (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
30

STIPULATED PROTECTIVE ORDER. Signed by Judge Nathanael Cousins on 5/29/2019. (lmh, COURT STAFF) (Filed on 5/29/2019) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER

~Util - Case Referred to Magistrate-Judge for Settlement Conference

May 29, 2019

May 29, 2019

PACER

~Util - Set Deadlines/Hearings

May 29, 2019

May 29, 2019

PACER

Case Management Conference - Further

May 29, 2019

May 29, 2019

PACER
31

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Case Management Conference held on 5/29/2019: CASE REFERRED to Magistrate Judge Laurel Beeler for settlement. Further Telephonic Case Management Conference set for 10/30/2019 10:00 AM. Updated Case Management Statement due by 10/23/2019. Attorneys for Plaintiffs: Jeff Bornstein, Hugo Cabrera. Attorneys for Defendants: Greg Thomas, Samantha Wolff, Paul Mello. FTR Time: 10:32am - 10:56am. Time in Court: 24 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 5/29/2019) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
32

CASE MANAGEMENT SCHEDULING ORDER: Visit to Santa Rita Jail set for 7/19/2019 at 10:00 AM.Motion for Class Certification due 12/6/2019. Settlement Conference with Magistrate Judge Laurel Beeler recommended to be completed by 10/30/2019. Non-expert discovery to be completed by 3/27/2020. All discovery of expert witnesses to be completed by 5/12/2020. Pretrial Conference set for 8/19/2020 at 02:00 PM. Jury Trial set for 9/21/2020 09:00 AM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael Cousins on 5/29/2019. (lmh, COURT STAFF) (Filed on 5/29/2019) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
33

PDF with attached Audio File. Court Date & Time [ 5/29/2019 10:32:32 AM ]. File Size [ 11272 KB ]. Run Time [ 00:23:29 ]. (courtspeak). (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
34

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE SCHEDULING CALL: This case was referred for a settlement conference to Magistrate Judge Laurel Beeler. The court sets a call with the parties to discuss the timing and logistics of the settlement conference for Thursday, 6/6/2019 at 2:30 PM. The court will email a call-in number separately. If this date does not work, parties may request to change the date by stipulation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER

Clerk's Notice

May 30, 2019

May 30, 2019

PACER
35

MOTION to Request [Tempi Priestly] Consult Monitor filed by Brandon Jones. Responses due by 6/27/2019. Replies due by 7/11/2019. (Attachments: # 1 cover sheet, # 2 Exhibit, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 5/30/2019) (Entered: 06/05/2019)

1 cover sheet

View on PACER

2 Exhibit

View on PACER

3 Envelope

View on PACER

May 30, 2019

May 30, 2019

PACER
37

Declaration of Brandon Jones filed by Brandon Jones. (Attachments: # 1 Exhibit, # 2 Cover Letter, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 5/30/2019) Modified on 6/6/2019 (sfbS, COURT STAFF). (Entered: 06/06/2019)

1 Exhibit

View on PACER

2 Cover Letter

View on PACER

3 Envelope

View on PACER

May 30, 2019

May 30, 2019

PACER
36

Declaration of History of Work by Brandon Jones. (sfbS, COURT STAFF) (Filed on 6/3/2019) (Entered: 06/05/2019)

June 3, 2019

June 3, 2019

PACER
38

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Call held on 6/6/2019. The court sets the in-person settlement conference for Wednesday, 10/2/2019 at 10:00 AM. (Not Reported). Plaintiffs' Attorneys: Hugo Cabrera and Kata Janssen. Defendants' Attorney: Gregory Thomas. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 6/6/2019) (Entered: 06/07/2019)

June 6, 2019

June 6, 2019

PACER
39

Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 10/2/2019 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Signed by Judge Laurel Beeler on 06/06/2019. (ejkS, COURT STAFF) (Filed on 6/6/2019) (Entered: 06/07/2019)

June 6, 2019

June 6, 2019

PACER
40

ORDER FOR PLAINTIFFS' COUNSEL TO ADDRESS RECENT FILINGS re 36 Statement filed by Brandon Jones, 35 MOTION Request [Tempi Reiestly] Sonsult Monitor filed by Brandon Jones, 37 Declaration in Support filed by Brandon Jones. Signed by Judge Nathanael Cousins on 6/7/2019. (sp, COURT STAFF) (Filed on 6/7/2019) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER

Settlement Conference

June 7, 2019

June 7, 2019

PACER
41

Letter from Brandon Jones. (sfbS, COURT STAFF) (Filed on 6/11/2019) (Entered: 06/13/2019)

June 11, 2019

June 11, 2019

PACER
42

RESPONSE re 40 Order, Plaintiffs' Counsel's Response to Recent Filings (Dkt Nos. 35, 36, 37, 41) by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 6/14/2019) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
44

Declaration of Brandon La Walten Jones filed by Brandon Jones. (sfbS, COURT STAFF) (Filed on 6/17/2019) (Entered: 06/20/2019)

June 17, 2019

June 17, 2019

PACER
43

CLERK'S NOTICE SETTING ADDITIONAL SETTLEMENT CONFERENCE: Settlement Conference set for 11/13/2019 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/18/2019) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER

Clerk's Notice

June 18, 2019

June 18, 2019

PACER
45

Declaration of Brandon La Walton Jones filed by Brandon Jones. (Attachments: # 1 Exhibit)(sfbS, COURT STAFF) (Filed on 6/21/2019) (Entered: 06/21/2019)

1 Exhibit

View on PACER

June 21, 2019

June 21, 2019

PACER
46

MOTION of Safety Hazard filed by Brandon Jones. Responses due by 7/29/2019. Replies due by 8/12/2019. (Attachments: # 1 Exhibit, # 2 Cover Sheet, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/03/2019)

1 Exhibit

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2 Cover Sheet

View on PACER

3 Envelope

View on PACER

July 1, 2019

July 1, 2019

PACER
47

MOTION of Unethical Misbehavior and Treatment filed by Brandon Jones. Responses due by 8/5/2019. Replies due by 8/19/2019. (Attachments: # 1 Cover Sheet, # 2 Envelope)(sfbS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)

1 Cover Sheet

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2 Envelope

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July 8, 2019

July 8, 2019

PACER
48

ORDER GRANTING LEAVE for Plaintiffs' Counsel to File Supplemental Response to Recent Filings. Re: Dtk. Nos. 45, 46, 47 . Responses due by 7/29/2019. Signed by Judge Nathanael Cousins on 7/9/2019. (lmh, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)

July 9, 2019

July 9, 2019

PACER
49

RESPONSE re 48 Order, Plaintiffs' Counsel's Response to Recent Filings Dkt Nos. 45 46 47 by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 7/25/2019) Modified on 7/25/2019 (sfbS, COURT STAFF). (Entered: 07/25/2019)

July 25, 2019

July 25, 2019

PACER
50

ORDER REGARDING PLAINTIFFS' COUNSEL'S RESPONSE TO RECENT FILINGS. Signed by Judge Nathanael Cousins on 8/2/2019. (lmh, COURT STAFF) (Filed on 8/2/2019) (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
51

Letter from Brandon Jones. (sfbS, COURT STAFF) (Filed on 8/15/2019) (Entered: 08/19/2019)

Aug. 15, 2019

Aug. 15, 2019

PACER
52

CLERK'S NOTICE: The court vacates the October 2 settlement conference and keeps in place the November 13 settlement conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER

Clerk's Notice

Aug. 30, 2019

Aug. 30, 2019

PACER
53

CLERK'S NOTICE SETTING FURTHER SETTLEMENT CONFERENCE: The court sets a Further Settlement Conference for 12/17/2019 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER

Clerk's Notice

Sept. 4, 2019

Sept. 4, 2019

PACER
56

MOTION to Order Recording Device filed by Brandon Jones. Responses due by 11/14/2019. Replies due by 11/29/2019. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 10/17/2019) (Entered: 10/25/2019)

1 Envelope

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Oct. 17, 2019

Oct. 17, 2019

PACER
54

CLERK'S NOTICE VACATING SETTLEMENT CONFERENCE: The settlement conference previously set for 11/13/2019 is VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/18/2019) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER

1 - Terminate Hearings

Oct. 18, 2019

Oct. 18, 2019

PACER

Clerk's Notice

Oct. 18, 2019

Oct. 18, 2019

PACER
55

JOINT CASE MANAGEMENT STATEMENT filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 10/23/2019) Modified on 10/24/2019 (sfbS, COURT STAFF). (Entered: 10/23/2019)

Oct. 23, 2019

Oct. 23, 2019

RECAP
58

MOTION for Court Assistance filed by Brandon Jones. Responses due by 11/20/2019. Replies due by 12/4/2019. (Attachments: # 1 Declaration in Support, # 2 Cover Letter, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 10/23/2019) (Entered: 10/28/2019)

1 Declaration in Support

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2 Cover Letter

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3 Envelope

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Oct. 23, 2019

Oct. 23, 2019

PACER
57

CLERK'S NOTICE SETTING FURTHER SETTLEMENT CONFERENCE: Settlement Conference set for 2/19/2020 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Settlement Conference statements/updates due by 2/12/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)

Oct. 28, 2019

Oct. 28, 2019

PACER

Clerk's Notice

Oct. 28, 2019

Oct. 28, 2019

PACER
59

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Case Management Conference held on 10/30/2019: Karyn Tribble is substituted as replacement of defendant Carol Burton. Defense counsel confirms consent to magistrate judge jurisdiction of defendant Tribble. Further Telephonic Case Management Conference set for 2/26/2019 10:00 AM. Updated Case Management Statement due by 2/21/2019. Attorneys for Plaintiffs: Kara Janssen, Jeff Bornstein, Hugo Cabrera.Attorneys for Defendants: Greg Thomas, Samantha Wolff, Temitayo Peters. FTR Time: 10:45am - 10:55am. Time in Court: 10 minutes. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 10/30/2019) (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER

~Util - Set Deadlines/Hearings

Oct. 30, 2019

Oct. 30, 2019

PACER

Case Management Conference - Further

Oct. 30, 2019

Oct. 30, 2019

PACER
60

PDF with attached Audio File. Court Date & Time [ 10/30/2019 10:45:31 AM ]. File Size [ 4536 KB ]. Run Time [ 00:09:27 ]. (courtspeak). (Entered: 10/30/2019)

Oct. 30, 2019

Oct. 30, 2019

PACER
61

Joint MOTION to Certify Class filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. Motion Hearing set for 1/22/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: # 1 Joint Stipulation of Facts, # 2 Declaration of Kara Janssen, # 3 Proposed Order)(Janssen, Kara) (Filed on 12/6/2019) (Entered: 12/06/2019)

1 Joint Stipulation of Facts

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2 Declaration of Kara Janssen

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3 Proposed Order

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Dec. 6, 2019

Dec. 6, 2019

PACER
62

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 12/17/2019. The court held a settlement conference. There is a second settlement conference now set for February 19, 2020, and the court adds a third settlement conference for April 15, 2020 at 10:00 a.m. The County will respond to the points discussed today by mid-January 2020. (Not Reported). Settlement Conference set for 2/19/2020 and 4/15/2020 at 10:00 AM in San Francisco, Courtroom B, 15th Floor.Plaintiffs' Attorneys: Ernest Galvan, Jeffrey Bornstein and Kara Janssen. Defendants' Attorneys: Gregory Thomas, Paul Mello, Samantha Wolff and Temitayo Peters. Also appearing: Kristy Van Herick, Ken Maiolini, Cpt. Donald Mattison, Asst. Sheriff Dennis Houghtelling, Undersheriff Richard Lucia, Carrie Carone, Tom Madigan, James Wagoner, Ravi Mehta, Dr. Aaron Chapman and Dr. Karen Tribble. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 12/17/2019) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER

~Util - Set Hearings

Dec. 17, 2019

Dec. 17, 2019

PACER

Settlement Conference

Dec. 17, 2019

Dec. 17, 2019

PACER
63

PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael Cousins on 1/10/2020. (lmh, COURT STAFF) (Filed on 1/13/2020) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

RECAP
64

ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION 61 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/21/2020) (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

Clearinghouse
65

Letter from Brandon Jones. (sfbS, COURT STAFF) (Filed on 2/5/2020) (Entered: 02/06/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
66

MOTION Remove Protective Order filed by Brandon Jones. Responses due by 3/9/2020. Replies due by 3/23/2020. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 2/10/2020) (Entered: 02/13/2020)

1 Envelope

View on PACER

Feb. 10, 2020

Feb. 10, 2020

PACER
67

CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE TIME: The court has some scheduling issues that require the resetting of the start time of the settlement conference to 1:30 p.m. on 2/19/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/14/2020) (Entered: 02/14/2020)

Feb. 14, 2020

Feb. 14, 2020

PACER

Clerk's Notice

Feb. 14, 2020

Feb. 14, 2020

PACER
68

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 2/19/2020. Parties worked out a timeline and will stipulate to continue the discovery deadlines by 60 days and will meet other deadlines on the agreed-to schedule. (Not Reported). Plaintiffs' Attorneys: Ernest Galvan, Jeffrey Bornstein and Kara Janssen. Defendants' Attorneys: Gregory Thomas, Paul Mello, Samantha Wolff and Temitayo Peters. Also appearing: Asst. Sheriff Dennis Houghtelling, Undersheriff Richard Lucia, Cpt. Donald Mattison, Tom Madigan, Lt. Carrie Carone, Kristy Van Herich, Aaron Chapman, James Wagner, Derrick Hesselein, Karyn Tribble, Ravi Mehta, and Timothy Liebowitz. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 2/19/2020) (Entered: 02/20/2020)

Feb. 19, 2020

Feb. 19, 2020

PACER

Settlement Conference

Feb. 20, 2020

Feb. 20, 2020

PACER
69

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan-Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 2/21/2020) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER

Clerk's Notice

Feb. 21, 2020

Feb. 21, 2020

PACER
70

CLERK'S NOTICE. Counsel may participate by telephone for the case management conference set for 2/26/2020 at 10:00 AM. Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for the Court to initiate the call. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/21/2020) (Entered: 02/21/2020)

Feb. 21, 2020

Feb. 21, 2020

PACER
71

CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE CALL: The court sets a defendants only conference call for 2/27/2020 at 12:00 PM and will email the call-in information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/26/2020) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER

Clerk's Notice

Feb. 26, 2020

Feb. 26, 2020

PACER

Order on Motion for Miscellaneous Relief

Feb. 26, 2020

Feb. 26, 2020

PACER

Case Management Conference - Further

Feb. 26, 2020

Feb. 26, 2020

PACER

~Util - Set Deadlines/Hearings

Feb. 26, 2020

Feb. 26, 2020

PACER
72

Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Case Management Conference held on 2/26/2020: Updated Case Management Statement due by 4/20/2020. Further Telephonic Case Management Conference set for 4/22/2020 at 10:00 AM. Court to issue modified scheduling order. Attorneys for Plaintiffs: Jeff Bornstein.Attorneys for Defendants: Greg Thomas. FTR Time: 10:49am - 10:58am. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 2/26/2020) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER
73

CASE MANAGEMENT SCHEDULING ORDER: Non-expert discovery must be completed by 5/26/2020. Dispositive motions must be filed by 6/22/2020. All discovery from expert witnesses must be completed by 7/13/2020. Signed by Judge Nathanael Cousins on 2/26/2020. (lmh, COURT STAFF) (Filed on 2/26/2020) (Entered: 02/26/2020)

Feb. 26, 2020

Feb. 26, 2020

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Disability Rights

Special Collection(s):

Solitary confinement

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 21, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are detainees incarcerated in Alameda County Jails bringing this action on their own behalf and on behalf of a class of all adults who are now, or will be in the future, incaracerated in Alameda County Jails.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Alameda (Alameda), County

Alameda County Behavioral Health Care Services Agency (Alameda), County

County of Alameda (Alameda), County

Defendant Type(s):

Corrections

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 4,100,000

Order Duration: 2021 - 2027

Issues

General:

Bathing and hygiene

Conditions of confinement

Fire safety

Food service / nutrition / hydration

Rehabilitation

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Staff (number, training, qualifications, wages)

Suicide prevention

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Mental health care, general

Mental health care, unspecified

Suicide prevention

Type of Facility:

Government-run