Case: Welchen v. Sacramento

2:16-cv-00185 | U.S. District Court for the Eastern District of California

Filed Date: Jan. 29, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

This case arises out of an incident beginning on January 29, 2016, when a 50-year-old disabled homeless man from Sacramento was arrested and accused of second-degree burglary of an uninhabited dwelling. He was taken to the Sacramento County jail and told that he would only be released if he paid $10,000. The same day, the plaintiff filed this class action lawsuit in the U.S. District Court for the Eastern District of California. The case was assigned to Judge Troy L. Nunley. The plaintiff sued …

This case arises out of an incident beginning on January 29, 2016, when a 50-year-old disabled homeless man from Sacramento was arrested and accused of second-degree burglary of an uninhabited dwelling. He was taken to the Sacramento County jail and told that he would only be released if he paid $10,000. The same day, the plaintiff filed this class action lawsuit in the U.S. District Court for the Eastern District of California. The case was assigned to Judge Troy L. Nunley.

The plaintiff sued the County of Sacramento, Kamala Harris in her official capacity as the Attorney General of California, and the Sacramento County Sheriff, under 42 U.S.C. § 1983 and 28 U.S.C. § 2201, alleging violations of the Fourteenth Amendment’s Due Process and Equal Protection Clauses. The plaintiff, represented by Equal Justice Under Law, moved to certify a class of “all arrestees who are or will be in the custody of the County of Sacramento County who and are or will be detained for any amount of time because they are unable to pay money bail.” He sought a declaratory judgment that Sacramento County’s wealth-based detention scheme violated his constitutional rights. He also sought a temporary restraining order and a preliminary and permanent injunction enjoining the County of Sacramento and Sacramento County Sheriff from using money bail to detain any person due to his or her inability to make a monetary payment, and requiring that all release and detention decisions be based on factors other than wealth status or ability to pay.

The plaintiff claimed that the Fourteenth Amendment’s Due Process and Equal Protection Clauses prohibit jailing a person because of his or her inability to pay, and that the County’s policy of requiring money bail pursuant to California Penal Code § 1269(b) amounted to unconstitutional wealth-based detention. Specifically, he claimed that:

  1. The County’s wealth-based detention system was excessive in relation to its purpose of ensuring court appearances; at any given time, there were approximately 4,400 inmates in the Sacramento County Jail, roughly 57% of whom were being detained pretrial. Furthermore, the complaint indicated that while tying pretrial freedom to wealth-status was the norm for Sacramento, many other jurisdictions throughout the country employed non-monetary conditions of release, and released arrestees with pretrial supervision practices that could help increase court attendance and public safety without requiring detention.
  2. The detention system failed to provide for individualized risk assessment levels, leading to consistent imprisonment of poor people and release of rich people regardless of whether an individual was dangerous or a flight risk.
  3. Subjecting the poor to unnecessary pretrial detention disrupted employment and housing, caused instability for care-dependent relatives, and led to worse outcomes at trial when compared with those who were released pretrial.
On February 4, 2016, the court denied the motion for a temporary restraining order. The Attorney General then moved to dismiss the case, and the County joined the motion and moved alternatively for a more definite statement of law. On October 11, 2016, the court granted the defendants’ motion to dismiss as to the plaintiff’s Equal Protection claim and granted the motion for a more definite statement of law regarding the Due Process claim. The court also denied as moot the pending motion for class certification. The plaintiff then filed an amended class-action complaint, proposing the same class definition as the original complaint.

Shortly thereafter, the Attorney General moved to dismiss the case and the County and Sheriff jointly filed a separate motion to dismiss. The defendants moved to dismiss under four main arguments: first, that the plaintiff’s claims were barred by the Eleventh Amendment, second, that the County was not liable for the Sheriff’s conduct because the Sheriff was acting on behalf of the state; third, that the County was not liable because its involvement with the bail law amounted to ministerial compliance with state law instead of a deliberate choice; and fourth, that the plaintiff failed to state a claim.

On October 26, 2018, the court ruled on the defendants’ motions together granting in part and denying in part. 343 F. Supp. 3d 924. Specifically, the court held that:

  1. The Eleventh Amendment did not bar the suit, because the claim fell within an exception for the putative class members seeking injunctive relief against state officers in their official capacities for alleged violations of federal law.
  2. The County was not liable for the claim challenging the Sheriff’s actions because the Sheriff was acting on behalf of the State rather than the County.
  3. The plaintiff had stated plausible claims that the bail law was either facially invalid or excessive in relation to its purposes under the Due Process Clause.
As of August 2020, the case is in discovery.

Summary Authors

Sara Stearns (3/31/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5965384/parties/welchen-v-harris/


Judge(s)

Barnes, Deborah (California)

Nunley, Troy Lynne (California)

Attorneys(s) for Plaintiff

Davy, James P (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Cassidy, Terence J (California)

Fessenden, Carl L. (California)

Nordlander, Jeffery A. (California)

Whitefleet, John Robert (California)

Zelidon-Zapeda, Jose Alfonso (California)

Judge(s)

Barnes, Deborah (California)

Nunley, Troy Lynne (California)

Attorneys(s) for Plaintiff

Davy, James P (District of Columbia)

Telfeyan, Phil (District of Columbia)

Attorneys(s) for Defendant

Cassidy, Terence J (California)

Fessenden, Carl L. (California)

Nordlander, Jeffery A. (California)

Whitefleet, John Robert (California)

Zelidon-Zapeda, Jose Alfonso (California)

Documents in the Clearinghouse

Document

Docket [PACER]

June 19, 2020 Docket
1

Complaint

Jan. 29, 2016 Complaint
12

Order Denying Motion for Temporary Restraining Order

2016 WL 430517

Feb. 4, 2016 Order/Opinion
31

Amended Complaint

Nov. 9, 2016 Complaint
42

Order Dismissing Case in Part

343 F.Supp.3d 924, 2018 WL 5617222

Oct. 26, 2018 Order/Opinion

Resources

Title Description External URL

Welchen v. Sacramento

Equal Justice Under Law

Gary Welchen is a 50-year-old resident of Sacramento. Gary Welchen is an indigent arrestee who was kept in the county jail solely because he was too poor to pay the amount of money that the Sacrament… Oct. 10, 2016 https://equaljusticeunderlaw.org/...

Parole News Blog links to Clearinghouse

Parole News

Link to Clearinghouse: "Profile of the Graziano v. Pataki federal case, produced by the Civil Rights Litigation Clearinghouse" Aug. 7, 2016 http://parolenews.blogspot.com/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5965384/welchen-v-harris/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Kamala Harris, County Sacramento by Gary Wayne Welchen. Attorney Telfeyan, Phil added. (Filing fee $ 400, receipt number 0972-6292869) (Attachments: # 1 Civil Cover Sheet, # 2 Consent Form, # 3 Exhibit 1) (Telfeyan, Phil) Modified on 2/1/2016 (Jackson, T). (Entered: 01/29/2016)

1 Civil Cover Sheet

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2 Consent Form

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3 Exhibit 1

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Jan. 29, 2016 PACER
2

MOTION for TEMPORARY RESTRAINING ORDER and MOTION for PRELIMINARY INJUNCTION by Gary Wayne Welchen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Appendix Unpublished Cases, # 4 Declaration re Notice, # 5 Appendix TRO Checklist, # 6 Proposed Order)(Telfeyan, Phil) Modified on 2/1/2016 (Jackson, T). (Entered: 01/29/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Appendix Unpublished Cases

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4 Declaration re Notice

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5 Appendix TRO Checklist

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6 Proposed Order

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Jan. 29, 2016 PACER
3

MOTION to CERTIFY CLASS by Gary Wayne Welchen. (Attachments: # 1 Exhibit 1)(Telfeyan, Phil) Modified on 2/1/2016 (Jackson, T). (Entered: 01/29/2016)

1 Exhibit 1

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Jan. 29, 2016 PACER
4

SUMMONS ISSUED as to *Kamala Harris, County Sacramento* with answer to complaint due within *21* days. Attorney *Phil Telfeyan* *Equal Justice Under Law* *565 Pennsylvania Avenue NW, Apartment 1207* *Washington, DC 20001*. (Jackson, T) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
5

CIVIL NEW CASE DOCUMENTS ISSUED; (Attachments: # 1 Consent Form, # 2 VDRP) (Jackson, T) (Entered: 02/01/2016)

1 Consent Form

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2 VDRP

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Feb. 1, 2016 PACER
6

CIVIL COVER SHEET by Gary Wayne Welchen (Telfeyan, Phil) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
7

SUMMONS RETURNED EXECUTED: Kamala Harris served on 2/1/2016, answer due 2/22/2016; County Sacramento served on 2/1/2016, answer due 2/22/2016. (Telfeyan, Phil) (Entered: 02/01/2016)

Feb. 1, 2016 PACER
8

NOTICE of APPEARANCE by Carl L. Fessenden on behalf of County Sacramento. Attorney Fessenden, Carl L. added. (Attachments: # 1 DECLINE JURISDICTION OF U.S. MAGISTRATE JUDGE)(Fessenden, Carl) Modified on 2/3/2016 (Benson, A). (Entered: 02/03/2016)

1 Consent Form Decline of Jurisdiction of U.S. Magistrate Judge

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Feb. 3, 2016 PACER
9

NOTICE of APPEARANCE by Terence John Cassidy on behalf of County Sacramento. Attorney Cassidy, Terence John added. (Cassidy, Terence) (Entered: 02/03/2016)

Feb. 3, 2016 PACER
10

NOTICE of APPEARANCE by Jose Alfonso Zelidon-Zepeda on behalf of Kamala Harris. Attorney Zelidon-Zepeda, Jose Alfonso added. (Zelidon-Zepeda, Jose) (Entered: 02/04/2016)

Feb. 4, 2016 PACER
11

NOTICE of RELATED CASE 15-cv-04959-YGR by Kamala Harris. (Zelidon-Zepeda, Jose) (Entered: 02/04/2016)

Feb. 4, 2016 PACER
12

ORDER signed by District Judge Troy L. Nunley on 2/4/2016 FINDING that injunctive relief at this juncture of the litigation is not appropriate; DENYING 2 Motion for Temporary Restraining Order. (Michel, G.) (Entered: 02/04/2016)

Feb. 4, 2016 RECAP
13

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/5/2016: On the Court's own motion, the hearing on Plaintiff's Motion to Certify Class (ECF No. 3 ) is hereby SET for 3/24/2016 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. All briefing shall be filed in accordance with Local Rule 230(c) and (d). (TEXT ONLY ENTRY) (Krueger, M) (Entered: 02/05/2016)

Feb. 5, 2016 PACER
14

MOTION to DISMISS by Kamala Harris. Motion Hearing set for 4/7/2016 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Zelidon-Zepeda, Jose) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
15

REQUEST for JUDICIAL NOTICE by Kamala Harris in re 14 Motion to Dismiss. (Zelidon-Zepeda, Jose) (Entered: 02/18/2016)

Feb. 18, 2016 PACER
16

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/19/2016: On the Court's own motion, the Hearing on Plaintiff's Motion to Certify Class (ECF No. 3 ), is hereby RESET for 4/7/2016 at 2:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. All briefing shall be filed in accordance with Local Rule 230 and the new hearing date. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 02/19/2016)

Feb. 19, 2016 PACER
17

JOINDER in re 14 Motion to Dismiss and MOTION for a More Definite Statement by County Sacramento by Kamala Harris. (Attachments: # 1 Memorandum of Points and Authorities) (Fessenden, Carl) Modified on 2/23/2016 (Michel, G.). (Entered: 02/22/2016)

1 Memorandum of Points and Authorities

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Feb. 22, 2016 PACER
18

OPPOSITION by County Sacramento to 3 Motion to Certify Class. (Fessenden, Carl) (Entered: 03/24/2016)

March 24, 2016 PACER
19

OPPOSITION by Kamala Harris to 3 Motion to Certify Class. (Zelidon-Zepeda, Jose) (Entered: 03/24/2016)

March 24, 2016 PACER
20

OPPOSITION to 14 Motion to Dismiss Gary Wayne Welchen. (Telfeyan, Phil) (Entered: 03/24/2016)

March 24, 2016 PACER
21

OPPOSITION by Gary Wayne Welchen to 17 Motion for a More Definite Statement. (Telfeyan, Phil) Modified on 3/25/2016 (Benson, A). (Entered: 03/24/2016)

March 24, 2016 PACER
22

UNOPPOSED REQUEST for LEAVE to file consolidated Reply Brief by Gary Wayne Welchen. (Telfeyan, Phil) Modified on 3/30/2016 (Marciel, M) (Entered: 03/30/2016)

March 30, 2016 PACER
23

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 3/30/2016: Plaintiff's request to file a consolidated reply brief not to exceed 15 pages (ECF No. 22 ) is hereby GRANTED. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 03/30/2016)

March 30, 2016 PACER
24

REPLY by County Sacramento to plaintiff's Opposition to 14 Motion for More Definite Statement. (Fessenden, Carl) Modified on 3/31/2016 (Marciel, M) (Entered: 03/31/2016)

March 31, 2016 PACER
25

REPLY by Kamala Harris supporting 14 Motion to Dismiss. (Zelidon-Zepeda, Jose) Modified on 3/31/2016 (Marciel, M) (Entered: 03/31/2016)

March 31, 2016 PACER
26

REPLY BRIEF by Gary Wayne Welchen in support of 3 Motion to Certify Class. (Telfeyan, Phil) Modified on 3/31/2016 (Marciel, M) (Entered: 03/31/2016)

March 31, 2016 PACER
27

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 3/31/2016: On the Court's own motion, Plaintiff's Motion for Certify Class (ECF No. 3 ) and Defendants' Motion to Dismiss (ECF No. 14 ), are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 4/7/2016 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 03/31/2016)

March 31, 2016 PACER
28

NOTICE OF UNAVAILABILITY OF COUNSEL by Kamala Harris. (Zelidon-Zepeda, Jose) Modified on 4/13/2016 (Michel, G.). (Entered: 04/12/2016)

April 12, 2016 PACER
29

ORDER REASSIGNING CASE by Chief Judge Lawrence J. O'Neill: Due to the appointment of *Magistrate Judge Deborah Barnes* to the bench of the Eastern District of California, this action is reassigned from *Magistrate Judge Kendall J. Newman* to Magistrate Judge Deborah Barnes for all further proceedings. (Benson, A) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
30

ORDER signed by District Judge Troy L. Nunley on 10/10/16 ORDERING that Defendants' 14 Motion to Dismiss is GRANTED IN PART and DENIED IN PART: pursuant to Eleventh Amendment immunity and the Younger doctrine, the Motion is DENIED; Defendants' Motion for a More Definite Statement per FRCP 12(e) is GRANTED as to Plaintiff's due process claim, and Defendants' Motion to Dismiss Plaintiff's equal protection claim is GRANTED. Because the operative Complaint is being dismissed, Plaintiffs' pending 3 Motion to Certify Class is DENIED as moot. Plaintiff is granted thirty (30) days leave to amend from the entry of this Order to file an amended complaint as to his due process claim. (Benson, A) (Entered: 10/11/2016)

Oct. 11, 2016 RECAP
31

FIRST AMENDED COMPLAINT against Kamala Harris, Sacramento County, Scott Jones by Gary Wayne Welchen. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet)(Telfeyan, Phil) (Entered: 11/09/2016)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Civil Cover Sheet

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Nov. 9, 2016 PACER
32

SUMMONS ISSUED as to *Scott Jones* with answer to complaint due within *21* days. Attorney *Phil Telfeyan* *601 Pennsylvania Avenue NW* *South Building, Suite 900* *Washington, DC 20004*. (Zignago, K.) (Entered: 11/10/2016)

Nov. 10, 2016 PACER
33

STIPULATION and PROPOSED ORDER for Stipulation Extending Time for Defendants to File a Responsive Pleading; Proposed Order by Kamala Harris. (Zelidon-Zepeda, Jose) (Entered: 11/22/2016)

Nov. 22, 2016 PACER
34

STIPULATION and ORDER EXTENDING TIME FOR DEFENDANTS TO FILE A RESPONSIVE PLEADING signed by District Judge Troy L. Nunley on 11/30/16. Any responsive pleading shall be filed by 12/13/2016. (Mena-Sanchez, L) (Entered: 12/01/2016)

Dec. 1, 2016 RECAP
35

MOTION TO DISMISS by Scott Jones, Sacramento County. Attorney Nordlander, Jeffrey A. ADDED. Motion Hearing SET for 1/12/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Proposed Order) (Nordlander, Jeffrey) (Entered: 12/13/2016)

1 Memorandum of Points and Authorities

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2 Proposed Order

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Dec. 13, 2016 PACER
36

MOTION TO DISMISS by Kamala Harris. Motion Hearing SET for 1/12/2017 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Zelidon-Zepeda, Jose) (Entered: 12/13/2016)

Dec. 13, 2016 PACER
37

OPPOSITION by Gary Wayne Welchen to 35 Motion to Dismiss. (Telfeyan, Phil) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
38

OPPOSITION by Gary Wayne Welchen to 36 Motion to Dismiss. (Telfeyan, Phil) (Entered: 12/29/2016)

Dec. 29, 2016 PACER
39

REPLY by Scott Jones, Sacramento County to 37 Response. Attorney Fessenden, Carl L. added. (Fessenden, Carl) (Entered: 01/05/2017)

Jan. 5, 2017 PACER
40

REPLY by Kathleen A. Kenealy in support 36 Motion to Dismiss. Attorney Zelidon-Zepeda, Jose Alfonso added. (Zelidon-Zepeda, Jose) (Entered: 01/05/2017)

Jan. 5, 2017 PACER
41

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/6/2017: On the Court's own motion, Defendants' Motions to Dismiss (ECF Nos. 35 and 36 ) are hereby SUBMITTED without oral argument. Accordingly, the hearing set for 1/12/2017 is VACATED. If the Court determines oral argument is necessary, it will be scheduled at a later date. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 01/06/2017)

Jan. 6, 2017 PACER
42

ORDER signed by District Judge Troy L. Nunley on 10/24/2018, GRANTING IN PART and DENYING IN PART 35 and 36 Motions to Dismiss. (Huang, H) (Entered: 10/26/2018)

Oct. 26, 2018 RECAP

SERVICE BY MAIL: 42 Order, served on Terence John Cassidy. (Huang, H)

Oct. 26, 2018 PACER
43

MINUTE ORDER: issued by Relief Courtroom Deputy J. Fabillaran for District Judge Troy L. Nunley on 12/4/2018: The Court issued an 42 Order on 10/26/2018, granting in part and denying in part Defendant's Motion to Dismiss Plaintiff's First Amended Complaint. The Court did not grant Plaintiff leave to amend the First Amended Complaint. Defendant has not filed an Answer to the First Amended Complaint, and the parties have not filed a Joint Status Report. Should Defendant choose to answer Plaintiff's First Amended Complaint, an answer will be due by 12/26/2018. The parties are to file a joint status report by 01/02/2019. (TEXT ONLY ENTRY) (Fabillaran, J) (Entered: 12/04/2018)

Dec. 4, 2018 PACER

[DISREGARD- Mr. Cassidy served electronically] SERVICE BY MAIL: 43 Minute Order served on Terence John Cassidy. (Fabillaran, J) Modified on 12/4/2018 (Donati, J).

Dec. 4, 2018 PACER
44

JOINT MOTION to EXTEND Deadlines by Xavier Becerra. Attorney Zelidon-Zepeda, Jose Alfonso added. (Zelidon-Zepeda, Jose) (Entered: 12/14/2018)

Dec. 14, 2018 PACER
45

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 12/17/2018 GRANTING the parties' Joint Motion to Extend Deadlines (ECF No. 44 ). Accordingly, the deadline for Defendants to file an Answer is EXTENDED to 1/31/2019, and the deadline for the parties to file a Joint Status Report is EXTENDED to 2/7/2019. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 12/17/2018)

Dec. 17, 2018 PACER
46

DESIGNATION of COUNSEL FOR SERVICE., attorney Jeffrey A. Nordlander terminated (Fessenden, Carl) (Entered: 12/17/2018)

Dec. 17, 2018 PACER
47

SECOND JOINT MOTION to EXTEND Deadlines by Xavier Becerra. (Zelidon-Zepeda, Jose) Modified on 1/16/2019 (Krueger, M). (Entered: 01/16/2019)

Jan. 16, 2019 PACER
48

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 1/16/2019 GRANTING the parties' Second Joint Motion to Extend Deadlines (ECF No. 47 ). Accordingly, the deadline for Defendants to file an Answer is EXTENDED to 2/28/2019, and the deadline for the parties to file a Joint Status Report is EXTENDED to 3/7/2019. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 01/16/2019)

Jan. 16, 2019 PACER
49

THIRD JOINT MOTION to EXTEND Deadlines by Xavier Becerra. (Zelidon-Zepeda, Jose) Modified on 2/21/2019 (Krueger, M). (Entered: 02/20/2019)

Feb. 20, 2019 PACER
50

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 2/21/2019 GRANTING the parties' Third Joint Motion to Extend Deadlines (ECF No. 49 ). Accordingly, the deadline for Defendants to file an Answer is EXTENDED to 4/15/2019, and the deadline for the parties to file a Joint Status Report is EXTENDED to 4/22/2019. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 02/21/2019)

Feb. 21, 2019 PACER
51

DESIGNATION of COUNSEL FOR SERVICE., attorney Terence John Cassidy terminated (Fessenden, Carl) (Entered: 02/25/2019)

Feb. 25, 2019 PACER
52

MOTION for EXTENSION OF TIME by Xavier Becerra. (Zelidon-Zepeda, Jose) Modified on 4/10/2019 (Kaminski, H). (Entered: 04/10/2019)

April 10, 2019 PACER
53

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 4/10/2019 GRANTING the parties' Forth Joint Motion to Extend Deadlines (ECF No. 52 ). Accordingly, the deadline for Defendants to file an Answer is EXTENDED to 5/15/2019, and the deadline for the parties to file a Joint Status Report is EXTENDED to 5/22/2019. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 04/10/2019)

April 10, 2019 PACER
54

ANSWER by Xavier Becerra to 31 Amended Complaint. (Zelidon-Zepeda, Jose) Modified on 5/16/2019 (Benson, A.). (Entered: 05/15/2019)

May 15, 2019 PACER
55

JOINT STATUS REPORT by Xavier Becerra. (Zelidon-Zepeda, Jose) (Entered: 05/22/2019)

May 22, 2019 PACER
56

PRO HAC VICE APPLICATION and PROPOSED ORDER submitted by Gary Wayne Welchen for attorney James Davy to appear Pro Hac Vice. (Filing fee $ 225, receipt number 0972-8365371) (Attachments: # 1 Exhibit Certificate of Good Standing)(Telfeyan, Phil) (Entered: 07/19/2019)

1 Exhibit Certificate of Good Standing

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July 19, 2019 PACER
57

PRO HAC VICE ORDER signed by District Judge Troy L. Nunley on 7/19/19 GRANTING 56 Application as to Attorney James P. Davy, PHV to represent Gary Wayne Welchen. (Becknal, R) (Entered: 07/19/2019)

July 19, 2019 PACER
58

ANSWER with Jury Demand by Scott Jones.(Fessenden, Carl) (Entered: 08/07/2019)

Aug. 7, 2019 PACER
59

MOTION FOR A PROTECTIVE ORDER by Xavier Becerra. Motion Hearing set for 9/19/2019 at 02:00 PM in Courtroom 2 (TLN) before District Judge Troy L. Nunley. (Zelidon-Zepeda, Jose) Modified on 8/26/2019 (Kastilahn, A). (Entered: 08/22/2019)

Aug. 22, 2019 PACER
60

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 8/26/2019: Pursuant to Local Rule 302(c)(1) Defendant Xavier Becerra's Motion for Protective Order (ECF No. 59 ) shall be noticed before the assigned Magistrate Judge. Counsel for Defendant shall contact the Clerk for Magistrate Judge Deborah Barnes for available law and motion dates, and re-notice the motion before the Magistrate Judge with the proper time and date. Accordingly, the 9/19/2019 hearing before District Judge Troy L. Nunley is VACATED. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 08/26/2019)

Aug. 26, 2019 PACER
61

MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 9/24/2019. IT IS HEREBY ORDERED: Per communication with counsel, an Informal Telephonic Discovery Conference is set for 10/3/2019 at 10:00 AM in the Chambers of Magistrate Judge Deborah Barnes. FURTHERMORE: Two work days prior to the hearing, the parties shall file a joint letter, no later than 10:00 a.m., briefly explaining what meet and confer efforts they have undertaken and providing a synopsis of the discovery dispute. The joint letter brief shall be no more than two (2) pages in length, including any exhibits or attachments (which are discouraged), and shall be in at least 12-point type. To access the conference call, parties are instructed to dial the following toll-free number: (877) 336-1828; and enter access code:1864917.I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P) (Entered: 09/24/2019)

Sept. 24, 2019 PACER
62

INFORMAL DISCOVERY DISPUTE LETTER BRIEF on behalf of Plaintiff Welchen and Defendant Becerra. (Davy, James) Modified on 10/1/2019 (Mena-Sanchez, L). (Entered: 10/01/2019)

Oct. 1, 2019 PACER
63

MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: INFORMAL TELEPHONIC DISCOVERY CONFERENCE held on 10/3/2019. Plaintiffs' Counsel Phil Telfeyan, James Davy telephonic. Defendants Counsel Jose Zelidon-Zepeda for Kamala Harris, et al., telephonic; John Whitefleet for Sacramento County, et al., telephonic. (Buzo, P) (Entered: 10/03/2019)

Oct. 3, 2019 PACER
64

MOTION to COMPEL DISCOVERY by Gary Wayne Welchen. Motion Hearing set for 11/8/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. (Davy, James) Modified on 10/14/2019 (Krueger, M). Modified on 10/15/2019 (Benson, A.). (Entered: 10/11/2019)

Oct. 11, 2019 PACER
65

MINUTE ORDER: (TEXT ONLY) by Courtroom Deputy for Magistrate Judge Deborah Barnes on 10/15/2019. IT IS HEREBY ORDERED: Due to the court's unavailability, plaintiff's 64 MOTION to COMPEL scheduled for hearing on 11/8/2019, will not be heard as filed. Plaintiff's counsel is directed to contact the Courtroom Deputy for Magistrate Judge Deborah Barnes to obtain available civil law and motion hearing dates and re-notice the motion. Parties may appear at the hearing telephonically. To arrange telephonic appearance, the parties shall contact the undersigned at (916) 930-4128 forty-eight (48) hours before the scheduled hearing to make arrangements. I HEREBY CERTIFY that the foregoing is a true and correct statement of an order made in the above-captioned case.(Buzo, P) (Entered: 10/15/2019)

Oct. 15, 2019 PACER
66

DESIGNATION of COUNSEL FOR SERVICE. Added attorney John Robert Whitefleet for Scott Jones (Whitefleet, John) (Entered: 10/15/2019)

Oct. 15, 2019 PACER
67

NOTICE to RESCHEDULE HEARING on 64 Motion to Compel : Motion Hearing RESET 11/15/2019 at 10:00 AM in Courtroom 27 (DB) before Magistrate Judge Deborah Barnes. by Gary Wayne Welchen. (Davy, James) Modified on 10/16/2019 (Benson, A.). (Entered: 10/15/2019)

Oct. 15, 2019 PACER
68

JOINT STATEMENT re Discovery Disagreement by Plaintiff Gary Wayne Welchen re 64 Motion to Compel. (Attachments: # 1 Exhibit A (Responses to Interrogatories), # 2 Exhibit B (Objections to Requests for Production), # 3 Exhibit C (Responses to notice of deposition)(Davy, James) Modified on 11/12/2019 (Kaminski, H). (Entered: 11/08/2019)

1 Exhibit Exhibit A (Objections to Interrogatories)

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2 Exhibit Exhibit B (Objections to Requests for Production)

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3 Exhibit Exhibit C (Objections to 30(b)(6) Notice)

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Nov. 8, 2019 PACER
69

RESPONSE by Scott Jones to 68 Statement. (Whitefleet, John) Modified on 11/14/2019 (Kaminski, H). (Entered: 11/13/2019)

Nov. 13, 2019 PACER
70

MINUTES (Text Only) for proceedings before Magistrate Judge Deborah Barnes: MOTION HEARING held on 11/15/2019 re 64 Motion to Compel filed by Gary Wayne Welchen. Court addressed pltf's counsel as stated on the record. Mr. Davy addressed the court. After hearing of arguments, for reasons stated on the record, pltf's motion for discovery submitted. Court to issue written order. Plaintiffs Counsel James Davy and Phil Telfeyan telephonic. Defendants Counsel Jose Zelidon-Zepeda telephonic. Court Reporter/CD Number: Jonathan Anderson/1. (Buzo, P) (Entered: 11/15/2019)

Nov. 15, 2019 PACER
71

ORDER signed by Magistrate Judge Deborah Barnes on 11/15/19 DENYING 64 Motion to Compel without prejudice to renewal. (Coll, A) (Entered: 11/18/2019)

Nov. 18, 2019 RECAP
72

(DISREGARD, REFER to 73 Motion to Withdraw as Attorney) MOTION to WITHDRAW as ATTORNEY by Gary Wayne Welchen. (Davy, James) Modified on 6/19/2020 (Kastilahn, A). (Entered: 06/18/2020)

June 18, 2020 PACER
73

MOTION to WITHDRAW as ATTORNEY (Corrected) by Gary Wayne Welchen. (Davy, James) (Entered: 06/18/2020)

June 18, 2020 PACER
74

MINUTE ORDER issued by Courtroom Deputy M. Krueger for District Judge Troy L. Nunley on 6/19/2020: Pursuant to the Motion to Withdraw as Attorney (ECF No. 73 ), Attorney James P. Davy is hereby TERMINATED. (TEXT ONLY ENTRY) (Krueger, M) (Entered: 06/19/2020)

June 19, 2020 PACER
79

ORDER signed by District Judge Troy L. Nunley on 9/2/2021 SETTING case deadlines as follows: Deadline to file dispositive Motions: 1/14/2022. Expert discovery cutoff (if necessary): 12/1/2021. Fact Discovery cutoff: 11/1/2021. (Mena-Sanchez, L)

Sept. 2, 2021 RECAP
80

Summary Judgment

Jan. 15, 2022 PACER

~Util - Set/Reset Motion Hearing AND Minute Order

April 19, 2022 PACER
83

Opposition to Motion

May 5, 2022 PACER
84

Opposition to Motion

May 5, 2022 PACER

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Fines/Fees/Bail Reform (Criminalization of Poverty)

Key Dates

Filing Date: Jan. 29, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A prisoner in the Sacramento County Jail who is unable to pay bail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Equal Justice Under Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

County of Sacramento (Sacramento), County

California Attorney General, State

Sacramento County Sheriff, County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

General:

Fines/Fees/Bail/Bond

Over/Unlawful Detention

Placement in detention facilities

Poverty/homelessness