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

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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.

	Document
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 2021
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	Settlement Agreement No Court	Nov. 7, 2023	Nov. 7, 2023 Settlement Agreement

ECF Number	Description	Date	Link Date / Link
2	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)	July 30, 2020	July 30, 2020 PACER
1	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	July 30, 2020	July 30, 2020 Clearinghouse
4	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)	July 31, 2020	July 31, 2020 PACER
3	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)	July 31, 2020	July 31, 2020 PACER
	~Util - Case Assigned by Intake	July 31, 2020	July 31, 2020 PACER
6	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)	Aug. 3, 2020	Aug. 3, 2020 PACER
5	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)	Aug. 3, 2020	Aug. 3, 2020 PACER
8	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)	Aug. 4, 2020	Aug. 4, 2020 PACER
7	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)	Aug. 4, 2020	Aug. 4, 2020 PACER
9	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Disability Rights California.. (Lee, Andrew) (Filed on 8/14/2020) (Entered: 08/14/2020)	Aug. 14, 2020	Aug. 14, 2020 PACER
12	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)	Sept. 16, 2020	Sept. 16, 2020 PACER
11	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)	Sept. 16, 2020	Sept. 16, 2020 PACER
10	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)	Sept. 16, 2020	Sept. 16, 2020 PACER
13	Certificate of Interested Entities by Disability Rights California (Lee, Andrew) (Filed on 9/30/2020) (Entered: 09/30/2020)	Sept. 30, 2020	Sept. 30, 2020 PACER
14	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Lee, Andrew) (Filed on 10/8/2020) (Entered: 10/08/2020)	Oct. 8, 2020	Oct. 8, 2020 PACER
15	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)	Oct. 9, 2020	Oct. 9, 2020 PACER
19	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Alameda Health System.. (Trembly, Gymmel) (Filed on 10/13/2020) (Entered: 10/13/2020)	Oct. 13, 2020	Oct. 13, 2020 PACER
18	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)	Oct. 13, 2020	Oct. 13, 2020 PACER
17	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	Oct. 13, 2020	Oct. 13, 2020 Clearinghouse
16	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)	Oct. 13, 2020	Oct. 13, 2020 PACER
22	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)	Oct. 14, 2020	Oct. 14, 2020 PACER
21	NOTICE of Appearance by Kurt A. Franklin for Defendant Alameda Health System (Franklin, Kurt) (Filed on 10/14/2020) (Entered: 10/14/2020)	Oct. 14, 2020	Oct. 14, 2020 PACER
20	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)	Oct. 14, 2020	Oct. 14, 2020 PACER
24	NOTICE of Appearance by Raymond S. Lara (Lara, Raymond) (Filed on 10/21/2020) (Entered: 10/21/2020)	Oct. 21, 2020	Oct. 21, 2020 PACER
23	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)	Oct. 21, 2020	Oct. 21, 2020 PACER
25	CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klhS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)	Oct. 22, 2020	Oct. 22, 2020 PACER
26	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)	Oct. 23, 2020	Oct. 23, 2020 PACER
	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	Oct. 26, 2020 PACER
28	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)	Oct. 26, 2020	Oct. 26, 2020 PACER
27	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)	Oct. 26, 2020	Oct. 26, 2020 PACER
	Clerk's Notice	Oct. 26, 2020	Oct. 26, 2020 PACER
	Set Motion and Deadlines/Hearings No NEF	Oct. 26, 2020	Oct. 26, 2020 PACER
	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	Oct. 27, 2020 PACER
	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	Oct. 27, 2020 PACER
30	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)	Oct. 27, 2020	Oct. 27, 2020 PACER
29	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)	Oct. 27, 2020	Oct. 27, 2020 PACER
	Set Motion and Deadlines/Hearings No NEF	Oct. 27, 2020	Oct. 27, 2020 PACER
	~Util - Teleconference Zoom	Oct. 27, 2020	Oct. 27, 2020 PACER
32	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)	Oct. 30, 2020	Oct. 30, 2020 PACER
31	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)	Oct. 30, 2020	Oct. 30, 2020 PACER

Case: Disability Rights California v. County of Alameda

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

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Docket

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