Case: Disability Rights California v. County of Alameda

3:20-cv-05256 | U.S. District Court for the Northern District of California

Filed Date: July 30, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This case was brought by Disability Rights California (DRC), a nonprofit corporation, to challenge the systemic institutionalization and segregation of Alameda County residents with serious mental health disabilities. On July 30, 2020, DRC filed this lawsuit in the U.S. District Court for the Northern District of California and named the County of Alameda (the County), Alameda Health System, and Alameda County Behavioral Health Care Services (County Behavioral Health) as defendants. DRC brought the suit under the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12111 et seq. DRC sought declaratory and injunctive relief, as well as attorney’s fees, alleging that the defendants had violated the ADA, as well as section 504 of the Rehabilitation Act of 1973 (28 U.S.C. § 794 et seq.) and sections 11135-11139 of the California Government Code, by detaining mentally disabled individuals for longer than needed and failing to provide them proper treatment and services.

On October 13, 2020, Alameda Health System filed a motion to dismiss and a motion to strike the complaint. It argued that DRC lacked standing because DRC’s complaint depended on the County creating community-based mental health services, a future event that may never occur. The County and County Behavioral Health filed similar motions shortly thereafter.

On January 21, 2021, Judge Charles R. Breyer issued an order granting the defendants’ motions to dismiss with leave to amend, finding that DRC had failed to plausibly allege disability discrimination under the relevant statutes. Specifically, Judge Breyer found that the claims against the Health System failed because they centered on the failure to provide services rather than the setting. And Judge Breyer found that the claims against the County failed because the plaintiffs had not identified specific programs being provided in institutionalized settings that could be provided elsewhere. 2021 WL 212900. Judge Breyer also found that DRC had standing with respect to all defendants because DRC adequately pleaded an injury suffered by its constituents that could be traced to the defendants’ conduct. DRC has alleged that its constituents have been unnecessarily institutionalized and continue to face a risk of unnecessary institutionalization as a result of Defendants’ practices and lack of services; and, DRC showed that this injury could be redressed by a favorable decision. Id.

DRC submitted an amended complaint on February 22, 2021, this time alleging that the defendants require DRC constituents to enter County institutions to receive needed mental health services that could be provided in the community. The defendants filed a motion to dismiss on April 1, 2021, arguing that the amended complaint did not cure the deficiencies noted in Judge Breyer’s dismissal.

On April 22, 2021, the U.S. Department of Justice Civil Rights Division completed an investigation into Alameda County that had been opened in 2017. The DOJ issued a letter of findings indicating that there was reasonable cause to believe that the County’s use of institutional settings to provide mental health services to adults with mental health disabilities violated the ADA, and that the conditions at Santa Rita Jail violated the Constitution and the ADA. Specifically, the Department’s investigation found that the County failed to provide services to qualified individuals with mental health disabilities in the most integrated setting appropriate to their needs by unnecessarily institutionalizing them at John George Psychiatric Hospital and other psychiatric facilities. In addition, the Department concluded that there was reasonable cause to believe that the Jail failed to provide constitutionally adequate mental health care to prisoners with serious mental health needs, including those at risk of suicide; that the Jail violated the constitutional rights of prisoners with serious mental illness through its prolonged use of restrictive housing; and that the Jail violated the ADA by denying prisoners with mental health disabilities access to services, programs, and activities because of their disabilities.

Soon after the issuance of the findings letter, the parties—including the DOJ—began mediation to negotiate a settlement. As a result, the court periodically postponed the filing deadlines for DRC’s response throughout the following two years. On November 7, 2023, the United States officially filed a motion to intervene as a plaintiff, and the parties filed a proposed settlement agreement.

The proposed agreement required the county to expand its crisis intervention services in a number of ways, including:

Maintaining a 24/7 crisis hotline,
Providing mobile crisis response services,
Providing crisis residential services,
Increasing “full service partnerships” with community-based providers, including supporting constituents’ housing needs as necessary,
Maintaining intensive case management capacity,
Performing outreach and proactive engagement with at-risk individuals with serious mental illnesses,
Maintaining contact with individuals after discharge from institutional facilities, and
Continuing the county’s efforts to provide services in culturally responsive, person-centered ways.

The proposed agreement also requires monitoring by an independent reviewer as well as enforcement provisions giving the district court continuing jurisdiction to enforce the terms of the settlement. The agreement was set to terminate either three years and three months after the effective date or upon the County’s demonstration of sustained substantial compliance. The agreement awarded attorneys’ fees of $1,800,000 to DRC.

As of January 1, 2024, the court had yet to rule on the DOJ’s motion to intervene or the settlement agreement, and the case was ongoing.

Summary Authors

Anjali Baliga (3/4/2021)

Terry Howard (1/2/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17400114/parties/disability-rights-california-v-county-of-alameda/

Judge(s)

Breyer, Charles R. (California)

Attorney for Plaintiff

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Center, Claudia B. (California)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Breyer, Charles R. (California)

Spero, Joseph C. (California)

Attorney for Plaintiff

Bossing, Lewis (District of Columbia)

Burnim, Ira Abraham (District of Columbia)

Center, Claudia B. (California)

Dardarian, Linda M. (California)

Fischer, Aaron Joseph (California)

Gregory, Sarah J (California)

Jain, Samuel K (California)

Lee, Andrew Paul (California)

Lopez, Oscar Daniel (California)

Mathis, Jennifer (District of Columbia)

Pickern, Sydney Rae (California)

Stark, Jennifer Lori (California)

Swain, Kimberly C. (California)

Wendell, Raymond Alexander (California)

Attorney for Defendant

Franklin, Kurt A. (California)

Kearney, Jordan Richea Clark (California)

Kollar, Linda Randlett (California)

Lara, Raymond S (California)

Pagonis, Katrina Angela (California)

Trembly, Gymmel Monserrat (California)

Expert/Monitor/Master

Abella, David (California)

Other

Rush, Regan Lindsay (California)

Shandell, Alexandra L (California)

Yoon, Catherine (California)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:20-cv-05256	Docket [PACER]	March 4, 2021	March 4, 2021 Docket
1 3:20-cv-05256	Complaint for Declaratory and Injunctive Relief	July 30, 2020	July 30, 2020 Complaint
17 & 17-1 & 17-2 & 17-3 3:20-cv-05256	Defendant Alameda Health System's Notice of Motion and Motion to Dismiss Plaintiff's Complaint and Motion to Strike; Memorandum of Points and Authorities in Support	Oct. 13, 2020	Oct. 13, 2020 Pleading / Motion / Brief
50 3:20-cv-05256	Order Granting Motions to Dismiss and Denying Motion to Strike	Jan. 21, 2021	Jan. 21, 2021 Order/Opinion 2021 WL 212900
52 3:20-cv-05256	First Amended Complaint for Declaratory and Injunctive Relief	Feb. 22, 2021	Feb. 22, 2021 Complaint
91-1 3:20-cv-05256	Exhibit A No Court	Nov. 7, 2023	Nov. 7, 2023 Settlement Agreement

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/17400114/disability-rights-california-v-county-of-alameda/

Last updated June 27, 2026, 6:23 a.m.

Docket for: Disability Rights California v. County of Alameda

ECF Number	Date	Description	Link
1	July 30, 2020	COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-14756689.). Filed byDisability Rights California. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Lee, Andrew) (Filed on 7/30/2020) (Entered: 07/30/2020) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER	RECAP
2	July 30, 2020	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14757152.) filed by Disability Rights California. (Attachments: # 1 Exhibit Certificate of Good Standing)(Mathis, Jennifer) (Filed on 7/30/2020) (Entered: 07/30/2020)	RECAP
3	July 31, 2020	MOTION for leave to appear in Pro Hac Vice of Ira Burnim ( Filing fee $ 310, receipt number 0971-14757789.) filed by Disability Rights California. (Attachments: # 1 Exhibit Certificate of Good Standing - DC)(Burnim, Ira) (Filed on 7/31/2020) (Entered: 07/31/2020)	RECAP
4	July 31, 2020	Case assigned to Magistrate Judge Joseph C. Spero. 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 8/14/2020. (mbcS, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)	RECAP
	July 31, 2020	~Util - Case Assigned by Intake
5	Aug. 3, 2020	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/23/2020. Initial Case Management Conference set for 10/30/2020 02:00 PM in San Francisco, Courtroom F, 15th Floor. (fabS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)	RECAP
6	Aug. 3, 2020	Summons Issued as to Alameda County Behavioral Health Care Services, Alameda Health System, County of Alameda. (fabS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)	RECAP
7	Aug. 4, 2020	Order, signed 8/4/2020, by Chief Magistrate Judge Joseph C. Spero granting 2 Motion for Pro Hac Vice for Jennifer Mathis.(klhS, COURT STAFF) (Filed on 8/4/2020) (Entered: 08/04/2020)	RECAP
8	Aug. 4, 2020	ORDER, signed 8/4/2020, by Chief Magistrate Judge Joseph C. Spero granting 3 Motion for Pro Hac Vice for Ira Burnim. (klhS, COURT STAFF) (Filed on 8/4/2020) (Entered: 08/04/2020)	RECAP
9	Aug. 14, 2020	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Disability Rights California.. (Lee, Andrew) (Filed on 8/14/2020) (Entered: 08/14/2020)	RECAP
10	Sept. 16, 2020	WAIVER OF SERVICE Returned Executed filed by Disability Rights California. Service waived by Alameda County Behavioral Health Care Services waiver sent on 8/12/2020, answer due 10/13/2020. (Lee, Andrew) (Filed on 9/16/2020) (Entered: 09/16/2020)	RECAP
11	Sept. 16, 2020	WAIVER OF SERVICE Returned Executed filed by Disability Rights California. Service waived by County of Alameda waiver sent on 8/12/2020, answer due 10/13/2020. (Lee, Andrew) (Filed on 9/16/2020) (Entered: 09/16/2020)	RECAP
12	Sept. 16, 2020	WAIVER OF SERVICE Returned Executed filed by Disability Rights California. Service waived by Alameda Health System waiver sent on 8/12/2020, answer due 10/13/2020. (Lee, Andrew) (Filed on 9/16/2020) (Entered: 09/16/2020)	RECAP
13	Sept. 30, 2020	Certificate of Interested Entities by Disability Rights California (Lee, Andrew) (Filed on 9/30/2020) (Entered: 09/30/2020)	RECAP
14	Oct. 8, 2020	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lee, Andrew) (Filed on 10/8/2020) (Entered: 10/08/2020)	RECAP
15	Oct. 9, 2020	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options By Parties And Counsel (Trembly, Gymmel) (Filed on 10/9/2020) (Entered: 10/09/2020)	RECAP
16	Oct. 13, 2020	STIPULATION to Extend Time to Respond to Complaint filed by Alameda County Behavioral Health Care Services, County of Alameda. (Lara, Raymond) (Filed on 10/13/2020) (Entered: 10/13/2020)	RECAP
17	Oct. 13, 2020	MOTION to Dismiss and, MOTION to Strike 1 Complaint filed by Alameda Health System. Motion Hearing set for 11/20/2020 09:30 AM in San Francisco, Courtroom F, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 10/27/2020. Replies due by 11/3/2020. (Attachments: # 1 Declaration of David Abella, # 2 Declaration of Gymmel Trembly, # 3 Proposed Order Granting Defendant Alameda Health System's Motion to Dismiss Plaintiff's Complaint and Motion to Strike)(Trembly, Gymmel) (Filed on 10/13/2020) (Entered: 10/13/2020) 1 Declaration of David Abella View on PACER 2 Declaration of Gymmel Trembly View on PACER 3 Proposed Order Granting Defendant Alameda Health System's Motion to Dismiss View on PACER	RECAP
18	Oct. 13, 2020	Request for Judicial Notice re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint filed byAlameda Health System. (Related document(s) 17 ) (Trembly, Gymmel) (Filed on 10/13/2020) (Entered: 10/13/2020)	RECAP
19	Oct. 13, 2020	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alameda Health System.. (Trembly, Gymmel) (Filed on 10/13/2020) (Entered: 10/13/2020)	RECAP
20	Oct. 14, 2020	CLERK'S NOTICE Re: Consent or Declination: Plaintiff and Defendants County of Alameda and Alameda County Behavioral Health Care Services shall file a consent or declination to proceed before a magistrate judge. 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. (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/21/2020. (klhS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)	RECAP
21	Oct. 14, 2020	NOTICE of Appearance by Kurt A. Franklin for Defendant Alameda Health System (Franklin, Kurt) (Filed on 10/14/2020) (Entered: 10/14/2020)	RECAP
22	Oct. 14, 2020	ORDER GRANTING re 16 Stipulation to Extend Time filed by Alameda County Behavioral Health Care Services, County of Alameda. Signed by Judge Joseph C. Spero on 10/14/2020. (klhS, COURT STAFF) (Filed on 10/14/2020) (Entered: 10/14/2020)	RECAP
23	Oct. 21, 2020	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alameda County Behavioral Health Care Services, County of Alameda.. (Lara, Raymond) (Filed on 10/21/2020) (Entered: 10/21/2020)	RECAP
24	Oct. 21, 2020	NOTICE of Appearance by Raymond S. Lara (Lara, Raymond) (Filed on 10/21/2020) (Entered: 10/21/2020)	RECAP
25	Oct. 22, 2020	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)	RECAP
26	Oct. 23, 2020	ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by The Clerk on 10/23/20. (Attachments: # 1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 10/23/2020) (Entered: 10/23/2020)	RECAP
27	Oct. 26, 2020	Renotice motion hearing re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint filed byAlameda Health System. (Related document(s) 17 ) (Trembly, Gymmel) (Filed on 10/26/2020) (Entered: 10/26/2020)	RECAP
28	Oct. 26, 2020	CLERK'S NOTICE VACATING MOTION to Dismiss and, MOTION to Strike hearing set for November 19, 2020 before the Honorable Charles R. Breyer. Motion Hearing set for 12/3/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer.. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lsS, COURT STAFF) (Filed on 10/26/2020) (Entered: 10/26/2020)	RECAP
	Oct. 26, 2020	Set/Reset Deadlines as to 17 MOTION to Dismiss and MOTION to Strike 1 Complaint . Motion Hearing set for 12/3/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/26/2020)
	Oct. 26, 2020	Clerk's Notice
	Oct. 26, 2020	Set Motion and Deadlines/Hearings No NEF
29	Oct. 27, 2020	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 10/27/2020) (Entered: 10/27/2020)	RECAP
30	Oct. 27, 2020	STIPULATION AND ORDER RE BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 29 Stipulation. Motion Hearing set for 12/10/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/27/2020) (Entered: 10/27/2020)	RECAP
	Oct. 27, 2020	Set/Reset Deadlines as to 17 MOTION to Dismiss and MOTION to Strike 1 Complaint . Opposition due by 11/10/2020. Replies due by 11/24/2020. Motion Hearing set for 12/10/2020 at 10:00 AM in Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/27/2020)
	Oct. 27, 2020	This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts .gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than December 7, 2020 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.usc ourts.gov/zoom/. (lsS, COURT STAFF) (Filed on 10/27/2020)
	Oct. 27, 2020	Set Motion and Deadlines/Hearings No NEF
	Oct. 27, 2020	~Util - Teleconference Zoom
31	Oct. 30, 2020	STIPULATION WITH PROPOSED ORDER re 1 Complaint to Extend Time to Respond to Complaint filed by Alameda County Behavioral Health Care Services, County of Alameda. (Lara, Raymond) (Filed on 10/30/2020) (Entered: 10/30/2020)	RECAP
32	Oct. 30, 2020	STIPULATION AND ORDER by Judge Charles R. Breyer: Granting 31 Stipulation to extend time to respond. (lsS, COURT STAFF) (Filed on 10/30/2020) (Entered: 10/30/2020)	RECAP
33	Nov. 10, 2020	OPPOSITION/RESPONSE (re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint ) Plaintiff's Opposition to Defendant Alameda Health System's Motion to Dismiss Plaintiff's Complaint and Motion to Strike filed byDisability Rights California. (Attachments: # 1 Plaintiff Disability Rights California's Request for Judicial Notice in Opposition to Defendant Alameda Health System's Motion to Dismiss and Motion to Strike)(Lee, Andrew) (Filed on 11/10/2020) (Entered: 11/10/2020) 1 Plaintiff Disability Rights California's Request for Judicial Notice in Op View on PACER	RECAP
34	Nov. 12, 2020	NOTICE of Change of Address by Andrew Paul Lee (Lee, Andrew) (Filed on 11/12/2020) (Entered: 11/12/2020)	RECAP
35	Nov. 24, 2020	NOTICE of Appearance by Katrina Angela Pagonis (Pagonis, Katrina) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
36	Nov. 24, 2020	NOTICE of Appearance by Jordan Richea Clark Kearney (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
37	Nov. 24, 2020	NOTICE of Appearance by Linda Randlett Kollar (Kollar, Linda) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
38	Nov. 24, 2020	REPLY (re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint ) filed byAlameda Health System. (Attachments: # 1 Declaration of David Abella, # 2 Errata to Defendant Alameda Health System's Motion to Dismiss Plaintiff's Complaint and Motion to Strike)(Trembly, Gymmel) (Filed on 11/24/2020) (Entered: 11/24/2020) 1 Declaration of David Abella View on PACER 2 Errata to Defendant Alameda Health System's Motion to Dismiss Plaintiff View on RECAP	RECAP
39	Nov. 24, 2020	MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] filed by Alameda County Behavioral Health Care Services, County of Alameda. Responses due by 12/8/2020. Replies due by 12/15/2020. (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
40	Nov. 24, 2020	Request for Judicial Notice re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] filed byAlameda County Behavioral Health Care Services, County of Alameda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 39 ) (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
41	Nov. 24, 2020	Proposed Order re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] by Alameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 11/24/2020) (Entered: 11/24/2020)	RECAP
42	Nov. 30, 2020	CLERK'S NOTICE VACATING Motion to Dismiss and Motion to Strike hearing set for December 10, 2020 before the Honorable Charles R. Breyer.. (This is a text-only entry generated by the court. There is no document associated with this entry.). Motion Hearing reset for 1/28/2021 at 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than January 26, 2021 at 2:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1/28/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 11/30/2020) (Entered: 11/30/2020)	RECAP
	Nov. 30, 2020	Set/Reset Deadlines as to 17 MOTION to Dismiss and MOTION to Strike 1 Complaint, 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF]. Motion Hearing set for 1/28/2021 10:00 AM in San Francisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 11/30/2020)
	Nov. 30, 2020	~Util - Teleconference Zoom AND Clerk's Notice
	Nov. 30, 2020	Set Motion and Deadlines/Hearings No NEF
43	Dec. 3, 2020	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 12/3/2020) (Entered: 12/03/2020)	RECAP
44	Dec. 4, 2020	STIPULATION AND ORDER Regarding Briefing Schedule for Motion to Dismiss by Judge Charles R. Breyer: Granting 43 Stipulation. Opposition due by 12/23/2020. Replies due by 1/14/2021.(lsS, COURT STAFF) (Filed on 12/4/2020) (Entered: 12/04/2020)	RECAP
45	Dec. 9, 2020	ADMINISTRATIVE MOTION for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint filed by Disability Rights California. Responses due by 12/14/2020. (Attachments: # 1 Exhibit 1 - Plaintiff's Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss, # 2 Declaration of Linda M. Dardarian in Support of Plaintiff 's Administrative Motion for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss, # 3 Proposed Order Granting Plaintiff 's Administrative Motion for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss)(Dardarian, Linda) (Filed on 12/9/2020) (Entered: 12/09/2020)	RECAP
46	Dec. 14, 2020	OPPOSITION/RESPONSE (re 45 ADMINISTRATIVE MOTION for Leave to File Sur-Reply in Opposition to Defendant Alameda Health System's Motion to Dismiss re 17 MOTION to Dismiss and MOTION to Strike 1 Complaint ) filed byAlameda Health System. (Attachments: # 1 Declaration of Gymmel M. Trembly, # 2 Proposed Order Denying Plaintiff's Motion for Leave to File Surreply to Motion to Dismiss)(Trembly, Gymmel) (Filed on 12/14/2020) (Entered: 12/14/2020)	RECAP
47	Dec. 23, 2020	OPPOSITION/RESPONSE (re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] ) filed byDisability Rights California. (Lee, Andrew) (Filed on 12/23/2020) (Entered: 12/23/2020)	RECAP
48	Jan. 14, 2021	REPLY (re 39 MOTION to Dismiss [NOTICE AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT THEREOF] ) IN SUPPORT OF MOTION TO DISMISS filed byAlameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 1/14/2021) (Entered: 01/14/2021)	RECAP
49	Jan. 14, 2021	Request for Judicial Notice re 48 Reply to Opposition/Response, SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO DISMISS filed byAlameda County Behavioral Health Care Services, County of Alameda. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 48 ) (Kearney, Jordan) (Filed on 1/14/2021) (Entered: 01/14/2021)	RECAP
50	Jan. 21, 2021	ORDER by Judge Charles R. Breyer granting 39 Motion to Dismiss; granting 45 Administrative Motion for leave to file sur-reply; granting 17 Motion to Dismiss; denying 17 Motion to Strike. Plaintiff shall have 30 days from the date of this order to file an amended complaint. (crblc2, COURT STAFF) (Filed on 1/21/2021) (Entered: 01/21/2021)	RECAP
51	Feb. 19, 2021	NOTICE of Change of Address by Aaron Joseph Fischer (Fischer, Aaron) (Filed on 2/19/2021) (Entered: 02/19/2021)	RECAP
52	Feb. 22, 2021	AMENDED COMPLAINT against Alameda County Behavioral Health Care Services, County of Alameda. Filed by Disability Rights California. (Lee, Andrew) (Filed on 2/22/2021) (Entered: 02/22/2021)	RECAP
53	March 4, 2021	STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT filed by Alameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 3/4/2021) (Entered: 03/04/2021)	RECAP
54	March 4, 2021	STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT (correction of Docket Document 53, which incorrectly was labeled as "Stipulation WITH Proposed Order") filed by Alameda County Behavioral Health Care Services, County of Alameda. (Kearney, Jordan) (Filed on 3/4/2021) (Entered: 03/04/2021)	RECAP
55	April 1, 2021	MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF filed by Alameda County Behavioral Health Care Services, County of Alameda. Motion Hearing set for 6/4/2021 10:00 AM in Oakland, Courtroom 6, 2nd Floor before Judge Charles R. Breyer. Responses due by 4/15/2021. Replies due by 4/22/2021. (Pagonis, Katrina) (Filed on 4/1/2021) (Entered: 04/01/2021)	RECAP
56	April 1, 2021	Request for Judicial Notice re 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF filed byAlameda County Behavioral Health Care Services, County of Alameda. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Related document(s) 55 ) (Pagonis, Katrina) (Filed on 4/1/2021) (Entered: 04/01/2021)	RECAP
57	April 1, 2021	Proposed Order re 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF by Alameda County Behavioral Health Care Services, County of Alameda. (Pagonis, Katrina) (Filed on 4/1/2021) (Entered: 04/01/2021)	RECAP
58	April 8, 2021	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 4/8/2021) (Entered: 04/08/2021)	RECAP
59	April 12, 2021	STIPULATION AND ORDER RE: BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 58 Stipulation. Opposition due by 6/9/2021. Replies due by 6/29/2021. Motion Hearing set for 7/16/2021 at 10:00 AM in San Francisco - To be determined before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 4/12/2021) (Entered: 04/12/2021)	RECAP
	April 12, 2021	Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Motion Hearing set for 7/16/2021 10:00 AM in San Francisco, - To be determined before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 4/12/2021)
	April 12, 2021	Set Motion and Deadlines/Hearings No NEF
60	May 28, 2021	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 5/28/2021) (Entered: 05/28/2021)	RECAP
61	June 1, 2021	STIPULATION AND ORDER by Judge Charles R. Breyer: Granting 60 Stipulation. Plaintiffs Opposition shall be filed no later than August 27, 2021;County Defendants Reply shall be filed no later than September 24, 2021; The hearing set for July 16, 2021 shall be vacated and reset for October 8, 2021 at 10:00 a.m.(lsS, COURT STAFF) (Filed on 6/1/2021) (Entered: 06/01/2021)	RECAP
	June 1, 2021	Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Responses due by 8/27/2021. Replies due by 9/24/2021. Motion Hearing set for 10/8/2021 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 6/1/2021)
	June 1, 2021	Set Motion and Deadlines/Hearings No NEF
62	June 15, 2021	NOTICE by Disability Rights California of Withdrawal of Counsel Sydney Rae Pickern (Pickern, Sydney) (Filed on 6/15/2021) (Entered: 06/15/2021)	RECAP
63	July 27, 2021	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 7/27/2021) (Entered: 07/27/2021)	RECAP
64	July 28, 2021	STIPULATION AND ORDER Regarding Briefing Schedule for Motion to Dismiss by Judge Charles R. Breyer: Granting 63 Stipulation. Motion Hearing set for 12/17/2021 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 7/28/2021) (Entered: 07/28/2021)	RECAP
	July 28, 2021	Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Responses due by 10/29/2021. Replies due by 11/23/2021. Motion Hearing set for 12/17/2021 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 7/28/2021)
	July 28, 2021	Set Motion and Deadlines/Hearings No NEF
65	Oct. 15, 2021	STIPULATION WITH PROPOSED ORDER Regarding Motion to Dismiss Briefing Schedule filed by Disability Rights California. (Lee, Andrew) (Filed on 10/15/2021) (Entered: 10/15/2021)	RECAP
66	Oct. 15, 2021	STIPULATION AND ORDER RE BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 65 Stipulation.Opposition due by 1/28/2022. Replies due by 2/28/2022. Motion Hearing set for 3/18/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/15/2021) (Entered: 10/15/2021)	RECAP
	Oct. 15, 2021	Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Responses due by 1/28/2022. Replies due by 2/28/2022. Motion Hearing set for 3/18/2022 at 10:00 AM before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 10/15/2021)
	Oct. 15, 2021	Set Motion and Deadlines/Hearings No NEF
67	Dec. 20, 2021	MOTION to Withdraw as Attorney Jennifer Mathis as Counsel filed by Disability Rights California. Responses due by 1/3/2022. Replies due by 1/10/2022. (Lee, Andrew) (Filed on 12/20/2021) (Entered: 12/20/2021)	RECAP
68	Jan. 3, 2022	ORDER by Judge Charles R. Breyer: Granting 67 Motion to Withdraw as Attorney, JENNIFER MATHIS. (ls, COURT STAFF) (Filed on 1/3/2022) (Entered: 01/03/2022)	RECAP
69	Jan. 19, 2022	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 1/19/2022) (Entered: 01/19/2022)	RECAP
70	Jan. 20, 2022	STIPULATION AND ORDER RE: BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 69 Stipulation. Motion Hearing set for 6/17/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 1/20/2022) (Entered: 01/20/2022)	RECAP
	Jan. 20, 2022	Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Opposition due by 4/29/2022. Replies due by 5/27/2022. Motion Hearing set for 6/17/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 1/20/2022)
	Jan. 20, 2022	Set Motion and Deadlines/Hearings No NEF
71	April 7, 2022	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 4/7/2022) (Entered: 04/07/2022)	RECAP
72	April 11, 2022	STIPULATION AND ORDER Regarding Briefing Schedule for Motion to Dismiss by Judge Charles R. Breyer: Granting 71 Stipulation. Motion Hearing set for 9/16/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 4/11/2022) (Entered: 04/11/2022)	RECAP
	April 11, 2022	Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Opposition due by 7/29/2022. Replies due by 8/19/2022. Motion Hearing set for 9/16/2022 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 4/11/2022)
	April 11, 2022	Set Motion and Deadlines/Hearings No NEF
73	July 14, 2022	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 7/14/2022) (Entered: 07/14/2022)	RECAP
74	July 15, 2022	STIPULATION AND ORDER REGARDING BRIEFING SCHEDULE FOR MOTION TO DISMISS by Judge Charles R. Breyer: Granting 73 Stipulation. Responses due by 9/30/2022. Replies due by 10/21/2022. Motion Hearing set for 11/18/2022 at 10:00 AM in San Francisco - to be determined before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 7/15/2022) (Entered: 07/15/2022)	RECAP
75	Sept. 16, 2022	STIPULATION WITH PROPOSED ORDER Regarding Briefing Schedule for Motion to Dismiss filed by Disability Rights California. (Lee, Andrew) (Filed on 9/16/2022) (Entered: 09/16/2022)	RECAP
76	Sept. 20, 2022	STIPULATION AND ORDER EXTENDING BRIEFING SCHEDULE by Judge Charles R. Breyer: Granting 75 Stipulation. Opposition due by 12/1/2022. Replies due by 12/22/2022. Motion Hearing set for 1/20/2023 at 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 9/20/2022) (Entered: 09/20/2022)	RECAP
	Sept. 20, 2022	Set/Reset Deadlines as to 55 MOTION to Dismiss NOTICE AND MOTION TO DISMISS FIRST AMENDED COMPLAINT; MEMORANDUM IN SUPPORT THEREOF. Responses due by 12/1/2022. Replies due by 12/22/2022. Motion Hearing set for 1/20/2023 10:00 AM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 9/20/2022)

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Case Details

State / Territory:

California

Case Type(s):

Disability Rights

Healthcare Access and Reproductive Issues

Special Collection(s):

Multi-LexSum (in sample)

Olmstead Cases

Key Dates

Filing Date: July 30, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A nonprofit organization, appointed by California, to protect the rights and interests of California residents with mental illness.

Plaintiff Type(s):

Non-profit NON-religious organization

U.S. Dept of Justice plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Alameda County

Other

Alameda Health System

Defendant Type(s):

Hospital/Health Department

Case Details

Causes of Action:

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

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

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

Other Dockets:

Northern District of California 3:20-cv-05256

Available Documents:

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Reporting

Amount Defendant Pays: 1,800,000

Issues

General/Misc.:

Classification / placement

Rehabilitation

Disability and Disability Rights:

Depression

Integrated setting

Least restrictive environment

Mental Illness, Unspecified

Mental impairment

P&A Associational Standing

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Commitment procedure

Deinstitutionalization/decarceration

Placement in mental health facilities

Medical/Mental Health Care:

Mental health care, general

Policing:

Improper treatment of mentally ill suspects

Recommended Citation

Case Summary of Disability Rights California v. County of Alameda, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/17769/ (last updated 1/2/2024).