Case: Criswell v. Boudreaux

1:20-cv-01048 | U.S. District Court for the Eastern District of California

Filed Date: July 29, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This constitutional action was filed on July 29, 2020 by inmates in Tulare County in California seeking improved safety and health conditions in light of COVID-19. The court granted part of the plaintiffs' temporary restraining order and provisional class certification on September 2, 2020. However, on December 23, 2020 the court denied to certify the class and enter a preliminary injunction. On July 29, 2020, plaintiffs, four incarcerated individuals in custody of the Tulare …

COVID-19 Summary: This constitutional action was filed on July 29, 2020 by inmates in Tulare County in California seeking improved safety and health conditions in light of COVID-19. The court granted part of the plaintiffs' temporary restraining order and provisional class certification on September 2, 2020. However, on December 23, 2020 the court denied to certify the class and enter a preliminary injunction.


On July 29, 2020, plaintiffs, four incarcerated individuals in custody of the Tulare County Sheriff's Office and criminal defense advocacy nonprofit, California Attorneys for Criminal Justice, filed this case against Sheriff Michael Boudreaux in the U.S. District Court for the Eastern District of California. The plaintiffs alleged that the Sheriff's Office violated the First, Eighth, and Fourteenth Amendments to the United States Constitution and California Civil Code § 52.1(b), known as the "Bane Act", in its response to the COVID-19 pandemic. The case was assigned to Judge Dale A. Drozd.

Specifically, under the Fourteenth Amendment, Plaintiffs alleged that Boudreaux violated their right to be free from punitive conditions of confinement by recklessly failing to mitigate the risk of COVID-19, with deliberate indifference toward inmates' health. Under the Eighth Amendment, Plaintiffs alleged that the conditions in the jail posed an unreasonable risk of serious damage to their health and that jail officials acted with deliberate indifference to these risks. Plaintiffs also alleged that Defendants' COVID-19 response violated their First Amendment Right to petition the government for redress of grievances, Fourteenth Amendment right to access courts, and Sixth Amendment right to assistance of counsel. Finally, under the Bane Act, Plaintiffs argued that Sheriff Boudreaux interfered or attempted to interfere, unlawfully, with the rights of the Plaintiffs to access courts and defense counsel.

Plaintiffs brought their action as a proposed class consisting of all people, at the time of the complaint and from then onward, incarcerated in Tulare County Jails. They divided the class into subclasses: (i) persons confined pre-trial, (ii) persons confined pursuant to a judgment of conviction, and (iii) Medically Vulnerable persons confined pre-trial and pursuant to a judgment of conviction. Plaintiffs claimed that the number of people in the proposed class (at least 1,900), the commonality of the issues of the sheriff's COVID-19 response, and the fact that the Plaintiffs' claims are typical of those of the rest of the class supported certification.

On August 12, Plaintiffs requested a temporary restraining order, preliminary injunction, and a permanent injunction or writ of habeas corpus. As part of the proposed injunctive relief, plaintiffs requested that Boudreaux take action to release "Medically Vulnerable" people that did not pose serious flight risk or danger to others. Plaintiffs also requested that an expert be appointed to make recommendations about which inmates should be released and to ensure that the remaining inmates were able to be housed safely under CDC guidelines. The plaintiffs also requested comprehensive COVID-19 testing and tracing, as well as access to remote counsel and court. To combat hygiene problems at the jail, plaintiffs requested access to hand soap and washing, face coverings, paper towels, toilet paper, running water, facial tissue, hand sanitizer, daily showers, temperature checks, and non-punitive quarantine settings. They also requested improved cleaning of surfaces, prompt medical attention for emergencies, and access to clean laundry.

On September 2, 2020, the court granted the plaintiffs' application for provisional class certification and part of their requested temporary restraining order. 2020 WL 5235675. The court found that the plaintiffs' proposed class was sufficiently numerous, that the conduct of the defendants alleged in the complaint was sufficiently common to all of the proposed class members, and that the representative plaintiffs' claims were sufficiently typical to the rest of the proposed class members. In granting part of the plaintiffs' requested temporary restraining order, the court found that the plaintiffs were likely to succeed on the merits of each of their constitutional claims, as well as their claim under the Bane Act. The court concluded that the plaintiffs showed a likelihood that they would suffer irreparable harm in the absence of injunctive relief and that the balance of the equities and public interest weighed in their interest against the defendant.

Although the court granted the plaintiffs' requested temporary restraining order, the injunctive relief did not include a requirement that all inmates and staff be immediately tested for COVID-19. Instead, the court required that the defendant develop written policies of COVID-19 related issues. These required policies included a plan to limit contact between incarcerated people in common areas, the provision and requirement of masks in the jails, and a report of COVID-19 testing to date. The injunctive relief also required that plaintiffs have the ability to promptly and confidentially communicate with counsel over video calls, that the legal visitation policy be revised, and that no retaliation happen against plaintiffs who speak with counsel at the jails.

On October 6, 2020, Magistrate Judge Stanley A. Boone ordered that the defendant file a responsive pleading within ten days.

On November 2, 2020, plaintiffs filed a motion for class certification, and on November 3, 2020, plaintiffs filed a motion for preliminary injunction to enforce necessary COVID precautions such as testing and appropriate social distancing. A hearing was held on December 2, 2020, to discuss the motion for preliminary injunction, and on December 23, 2020 both the motions for class certification and for preliminary injunction were denied.

Discovery continues and the case is ongoing.

Summary Authors

Nicholas Gillan (11/3/2020)

Tessa McEvoy (3/26/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/17475989/parties/criswell-v-boudreaux/


Judge(s)

Boone, Stanley A. (California)

Drozd, Dale Alan (California)

Attorneys(s) for Plaintiff

Agarwal, Shilpi (California)

Decker, Anne Orelind (California)

Gilbert, Amy Rose (California)

Guneratne, Kathleen (California)

Harding, Lauren M (California)

Kreilkamp, Jacob S. (California)

Lemoine, Melinda Eades (California)

Marquis, Estalyn S. (California)

Judge(s)

Boone, Stanley A. (California)

Drozd, Dale Alan (California)

Attorneys(s) for Plaintiff

Agarwal, Shilpi (California)

Decker, Anne Orelind (California)

Gilbert, Amy Rose (California)

Guneratne, Kathleen (California)

Harding, Lauren M (California)

Kreilkamp, Jacob S. (California)

Lemoine, Melinda Eades (California)

Marquis, Estalyn S. (California)

McDermott, Sara A. (California)

Noureldin, Omar Hamdy (California)

Temko, William D. (California)

Teshuva, Ariel Tal (California)

Attorneys(s) for Defendant

Pisano, Christopher M. (California)

Taylor, Kathleen A. (California)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 26, 2021 Docket
1 & 1-1 to 1-4

Class Action Complaint for Declaratory and Injunctive Relief and Petition for Writ of Habeas Corpus

July 29, 2020 Complaint
10

Notice of Application and Ex Parte Application for Provisional Class Certification [Application for Provisional Class Certification]

Aug. 12, 2020 Pleading / Motion / Brief
11

Plaintiffs' Ex Parte Notice of Motion and Motion for Temporary Restraining Order and OSC RE: Preliminary Injunction; Memorandum of Points and Authorities

Aug. 12, 2020 Pleading / Motion / Brief
26

Order Granting Application for Provisional Class Certification and Granting Motion for a Temporary Restraining Order, in Part

2020 WL 5235675

Sept. 2, 2020 Order/Opinion
33

Order Requiring Defendant to File Responsive Pleading

Oct. 6, 2020 Order/Opinion
43

Notice of Motion and Motion for Class Certification

Nov. 2, 2020 Pleading / Motion / Brief
44

Notice of Motion and Motion for Preliminary Injunction and Osc Re: Permanent Injunction

Nov. 3, 2020 Pleading / Motion / Brief
55

Order Denying Plaintiffs' Motion for Provisional Class Certification and Motion for a Preliminary Injunction without Prejudice

2020 WL 7646405

Dec. 23, 2020 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/17475989/criswell-v-boudreaux/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Michael Boudreaux in his official capacity as Sheriff of Tulare County by Charles CRISWELL, Levi Johnson. Attorney Marquis, Estalyn Smyke added. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Marquis, Estalyn) (Entered: 07/29/2020)

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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July 29, 2020 RECAP
2

CIVIL COVER SHEET by Charles CRISWELL, Levi Johnson (Marquis, Estalyn) (Entered: 07/29/2020)

July 29, 2020 PACER

RECEIPT number 0972-9024161 for $400.00 for Civil Filing Fee from Estalyn Smyke Marquis. (Lundstrom, T)

July 29, 2020 PACER
3

SUMMONS ISSUED as to *Michael Boudreaux* with answer to complaint due within *21* days. Attorney *Estalyn Smyke Marquis* *Munger Tolles & Olson* *350 South Grand Avenue, Floor 50* *Los Angeles, CA 90071*. (Jessen, A) (Entered: 07/29/2020)

July 29, 2020 PACER
4

CIVIL NEW CASE DOCUMENTS ISSUED: Initial Scheduling Conference set for 10/29/2020 at 09:30 AM in Courtroom 9 (SAB) before Magistrate Judge Stanley A. Boone. (Attachments: # 1 Standing Order, # 2 Standing Order re Judicial Emergency, # 3 Consent Form, # 4 VDRP) (Jessen, A) (Entered: 07/29/2020)

July 29, 2020 PACER
5

CERTIFICATE of SERVICE by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson re 1 Complaint, 2 Civil Cover Sheet. (McDermott, Sara) (Entered: 07/30/2020)

July 30, 2020 PACER
6

CONSENT/DECLINE of U.S. Magistrate Judge Jurisdiction. Pursuant to Fed. R. Civ. P. 73(b)(1), this document is restricted to attorneys and court staff only. Judges do not have access to view this document and will be informed of a party's response only if all parties have consented to the referral. (Teshuva, Ariel) (Entered: 07/30/2020)

July 30, 2020 PACER
7

CERTIFICATE of SERVICE by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson re 3 Summons. (McDermott, Sara) (Entered: 08/03/2020)

Aug. 3, 2020 PACER
8

CLERK'S NOTICE to Attorney Sara McDermott re 7 Certificate of Service: When filing a Proof of Service of Summons and Complaint, please use the event Summons Returned Executed under the category, Service of Process. Please re-file your document using the correct event. (Jessen, A) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
9

SUMMONS RETURNED EXECUTED: Michael Boudreaux served on 7/30/2020, answer due 8/20/2020. (McDermott, Sara) (Entered: 08/04/2020)

Aug. 4, 2020 PACER
10

EX PARTE APPLICATION by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson for Provisional Class Certification. (Attachments: # 1 Proposed Order)(McDermott, Sara) (Entered: 08/12/2020)

1 Proposed Order

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Aug. 12, 2020 RECAP
11

EX PARTE APPLICATION by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson for Plaintiffs' Ex Parte Notice of Motion and Motion for Temporary Restraining Order and OSC Re Preliminary Inunction; Memorandum of Points and Authorities. (Attachments: # 1 Exhibit 1 McDermott Declaration, # 2 Exhibit 2 Goldenson Declaration, # 3 Exhibit 3 Meyer Declaration, # 4 Exhibit 4 Bundy Declaration, # 5 Exhibit 5 Guneratne Declaration, # 6 Exhibit 6 Gilbert Declaration, # 7 Exhibit 7 Verner-Crist Declaration, # 8 Exhibit 8 Davidian Declaration, # 9 Exhibit 9 Alford Declaration, # 10 Exhibit 10 Bradbury Declaration, # 11 Exhibit 11 Camposeco Declaration, # 12 Exhibit 12 Supp Camposeco Declaration, # 13 Exhibit 13 Criswell Declaration, # 14 Exhibit 14 Escobar Declaration, # 15 Exhibit 15 Hernandez Declaration, # 16 Exhibit 16 Ibarra Declaration, # 17 Exhibit 17 Johnson Declaration, # 18 Exhibit 18 Supp Johnson Declaration, # 19 Exhibit 19 Martinez Declaration, # 20 Exhibit 20 Nunes Declaration, # 21 Exhibit 21 Redmon Declaration, # 22 Exhibit 22 Robinson Declaration, # 23 Exhibit 23 Rodriguez Declaration, # 24 Exhibit 24 Ward Declaration, # 25 TRO Checklist, # 26 Proposed Order)(McDermott, Sara) (Entered: 08/12/2020)

1 Exhibit 1 McDermott Declaration

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2 Exhibit 2 Goldenson Declaration

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3 Exhibit 3 Meyer Declaration

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4 Exhibit 4 Bundy Declaration

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5 Exhibit 5 Guneratne Declaration

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6 Exhibit 6 Gilbert Declaration

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7 Exhibit 7 Verner-Crist Declaration

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8 Exhibit 8 Davidian Declaration

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9 Exhibit 9 Alford Declaration

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10 Exhibit 10 Bradbury Declaration

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11 Exhibit 11 Camposeco Declaration

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12 Exhibit 12 Supp Camposeco Declaration

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13 Exhibit 13 Criswell Declaration

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14 Exhibit 14 Escobar Declaration

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15 Exhibit 15 Hernandez Declaration

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16 Exhibit 16 Ibarra Declaration

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17 Exhibit 17 Johnson Declaration

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18 Exhibit 18 Supp Johnson Declaration

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19 Exhibit 19 Martinez Declaration

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20 Exhibit 20 Nunes Declaration

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21 Exhibit 21 Redmon Declaration

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22 Exhibit 22 Robinson Declaration

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23 Exhibit 23 Rodriguez Declaration

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24 Exhibit 24 Ward Declaration

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25 TRO Checklist

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26 Proposed Order

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Aug. 12, 2020 RECAP
12

CERTIFICATE of SERVICE by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson re 11 Ex Parte Application,,,,, 10 Ex Parte Application. (McDermott, Sara) (Entered: 08/12/2020)

Aug. 12, 2020 PACER
13

DESIGNATION of COUNSEL FOR SERVICE. Added attorney Kathleen A. Taylor for Michael Boudreaux (Taylor, Kathleen) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
14

MINUTE ORDER: (TEXT ENTRY ONLY) signed by District Judge Dale A. Drozd on 8/14/2020. On August 12, 2020, plaintiffs filed 10 an ex parte application for provisional class certification and 11 an ex parte application and motion for a Temporary Restraining Order. The court now sets a hearing on the pending applications and motion for August 26, 2020 at 9:30 a.m. Parties will receive Zoom ID number and password for the hearing by email. All other interested parties who will not be speaking are to phone in telephonically by dialing 877-402-9757, access code 6966236 at the time of hearing. Defendant's oppositions to the pending applications and motion shall be filed by August 20, 2020, and plaintiffs' replies thereto shall be filed by August 24, 2020. (Thorp, J) (Entered: 08/14/2020)

Aug. 14, 2020 PACER
15

RESPONSE by Michael Boudreaux to 11 Ex Parte Application,,,,,. (Attachments: # 1 Points and Authorities, # 2 Declaration Macias, # 3 Declaration Jones, # 4 Declaration Lehner, # 5 Declaration Silveira, # 6 Declaration Robles, # 7 Declaration Sigley, # 8 Proof of Service)(Taylor, Kathleen) (Entered: 08/20/2020)

Aug. 20, 2020 PACER
16

RESPONSE by Michael Boudreaux to 10 Ex Parte Application. (Attachments: # 1 Points and Authorities, # 2 Proof of Service)(Taylor, Kathleen) (Entered: 08/20/2020)

Aug. 20, 2020 PACER
17

REPLY by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson re 10 Ex Parte Application. (Teshuva, Ariel) (Entered: 08/24/2020)

Aug. 24, 2020 PACER
18

REPLY by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson re 11 Ex Parte Application,,,,,. (Attachments: # 1 Exhibit 25 Supplemental McDermott Declaration, # 2 Exhibit 26 Supplemental Verner-Crist Declaration)(McDermott, Sara) (Entered: 08/24/2020)

Aug. 24, 2020 PACER
19

MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: Motion Hearing held on 8/26/2020. 10 Ex Parte Application for Provisional Class Certification and 11 Ex Parte Application for Temporary Restraining Order argued, submitted and taken under submission. Written order to follow. Plaintiffs' Counsel Sara McDermott, Ariel Teshuva and Amy Gilbert (Zoom) present. Defendant's Counsel Kathleen Taylor (Zoom) present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
20

TRANSCRIPT REQUEST by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson for proceedings held on August 26, 2020 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Teshuva, Ariel) (Entered: 08/26/2020)

Aug. 26, 2020 PACER
21

TRANSCRIPT of Proceedings held on 8-26-20, Motions Hearing before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 9/17/2020. Redacted Transcript Deadline set for 9/28/2020. Release of Transcript Restriction set for 11/27/2020. (Hooven, K) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
22

SUPPLEMENT by Michael Boudreaux re 15 Response,. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Proof of Service)(Taylor, Kathleen) (Entered: 08/27/2020)

Aug. 27, 2020 PACER
23

OPPOSITION by Plaintiffs California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson to 22 Supplement. (Attachments: # 1 Exhibit 27 McDermott Declaration)(McDermott, Sara) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
24

CLERK'S NOTICE to Attorney Kathleen Taylor re 22 Supplement: Your filing is entitled Supplement, however, the actual document attached is a Motion to Supplement. Please re-file your document using the correct event Motion for Miscellaneous Relief. If you need assistance, please contact the CM/ECF help desk at 866-884-5444, or refer to the CM/ECF User's Manual on the court's website. (Rivera, O) (Entered: 08/28/2020)

Aug. 28, 2020 PACER
25

MOTION Supplement to Def Opposition re 15 Response, by Michael Boudreaux. Motion Hearing set for 9/16/2021 at 08:30 AM in Courtroom 9 (SAB) before District Judge Dale A. Drozd. (Attachments: # 1 Exhibit 1. Overview of Testing, # 2 Exhibit 2. Duration of Isolation, # 3 Exhibit 3. When to Quarantine, # 4 Exhibit 4. Discontinuation of Transmission, # 5 Exhibit 5. Discontinuation of Isolation, # 6 Proof of Service)(Taylor, Kathleen) (Entered: 08/31/2020)

Aug. 31, 2020 PACER
26

ORDER GRANTING APPLICATION FOR PROVISIONAL CLASS CERTIFICATION AND GRANTING MOTION FOR A TEMPORARY RESTRAINING ORDER, IN PART (Doc. Nos. 10, 11, 25 ) signed by District Judge Dale A. Drozd on 9/2/2020. (Thorp, J) (Entered: 09/02/2020)

Sept. 2, 2020 RECAP
27

STATEMENT of Compliance filed by Defendant Michael Boudreaux re 26 Order on Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit Policy 716, # 2 Exhibit WellPath Screening Form, # 3 Exhibit Legal Visitation Information, # 4 Proof of Service)(Taylor, Kathleen) (Entered: 09/08/2020)

Sept. 8, 2020 PACER
28

AMENDED STATEMENT of Compliance filed by Defendant Michael Boudreaux re 26 Order on Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Taylor, Kathleen) (Entered: 09/09/2020)

Sept. 9, 2020 PACER
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SUPPLEMENTAL STATEMENT of Compliance filed by Defendant Michael Boudreaux re 26 Order on Motion for Miscellaneous Relief. (Attachments: # 1 Exhibit D Report to Court, # 2 Exhibit E Supp Declaration of Kevin Silveira, # 3 Proof of Service)(Taylor, Kathleen) (Entered: 09/14/2020)

Sept. 14, 2020 PACER
30

ASSOCIATION of ATTORNEY: Added attorney Christopher M. Pisano for Michael Boudreaux. (Attachments: # 1 Proof of Service)(Taylor, Kathleen) (Entered: 09/28/2020)

Sept. 28, 2020 PACER
31

RESPONSE by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson to 26 Order on Motion for Miscellaneous Relief. (Noureldin, Omar) (Entered: 09/28/2020)

Sept. 28, 2020 PACER
32

MINUTE ORDER: (TEXT ONLY) signed by District Judge Dale A. Drozd on 10/6/2020. On September 28, 2020, the parties submitted a 31 joint proposed briefing schedule for plaintiffs' anticipated motion for a preliminary injunction. Due to the court's availability, the court sets a hearing date of Wednesday, December 2, 2020 at 10:00 AM for plaintiffs' anticipated motion for a preliminary injunction. All parties must appear via Zoom. Parties will receive Zoom ID number and password for the hearing by email. Plaintiffs' motion shall be filed no later than November 3, 2020. Defendant's opposition, if any, shall be filed no later than November 17, 2020, and plaintiffs' reply thereto shall be filed no later than November 24, 2020. (Thorp, J) (Entered: 10/06/2020)

Oct. 6, 2020 PACER
33

ORDER REQUIRING DEFENDANT TO FILE RESPONSIVE PLEADING. TEN DAY DEADLINE. Signed by Magistrate Judge Stanley A. Boone on 10/6/2020. (Hernandez, M) (Entered: 10/06/2020)

Oct. 6, 2020 RECAP
34

STIPULATION and PROPOSED ORDER for Protective Order by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. (Attachments: # 1 Proposed Order For Protective Order)(Teshuva, Ariel) (Entered: 10/12/2020)

Oct. 12, 2020 PACER
35

ORDER Re Stipulation for Protective Order, signed by Magistrate Judge Stanley A. Boone on 10/13/2020. (Rivera, O) (Entered: 10/14/2020)

Oct. 14, 2020 RECAP
36

ANSWER TO PRISONER CIVIL RIGHTS COMPLAINT by Michael Boudreaux. (Pisano, Christopher) (Entered: 10/16/2020)

Oct. 16, 2020 PACER
37

JOINT STATEMENT of Joint Case Management Statement filed by Plaintiffs California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. (Teshuva, Ariel) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
39

MINUTES (Text Only) for proceedings held via video conference before Magistrate Judge Stanley A. Boone: SCHEDULING CONFERENCE held on 10/29/2020. The Court to issue Scheduling Conference Order. NOTE: "SAB Chambers Procedures" emailed to the parties. Plaintiffs Counsel Amy Gilbert, Sara McDermott, Ariel Teshuva via video. Defendants Counsel Christopher Pisano via video. Court Reporter/CD Number: off record - via video. (Hernandez, M) (Entered: 10/30/2020)

Oct. 29, 2020 PACER
38

NOTICE of APPEARANCE by Lauren M. Harding on behalf of California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. Attorney Harding, Lauren M. added. (Harding, Lauren) (Entered: 10/30/2020)

Oct. 30, 2020 PACER
40

STIPULATION and PROPOSED ORDER for Leave to File Briefing Exceeding Page Limitation by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. (Attachments: # 1 Proposed Order)(Harding, Lauren) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
41

MINUTE ORDER: (TEXT ONLY) signed by District Judge Dale A. Drozd on 11/2/2020. Pursuant to the 40 parties' stipulation and good cause appearing, the parties are granted leave to exceed the page limits set forth in this court's standing order as follows. Plaintiffs may file a 32-page memorandum of points and authorities in support of their anticipated motion for a preliminary injunction and an 18-page reply brief in support thereof. Defendant may file a 32-page brief in opposition thereto. (Thorp, J) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
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SCHEDULING ORDER signed by Magistrate Judge Stanley A. Boone on 10/30/2020: Discovery Deadlines:Non-Expert Discovery: March 26, 2021; Expert Disclosure: April 5, 2021; Supplemental Expert Disclosure: May 5, 2021; Expert Discovery: May 21, 2021; Dispositive Motion Deadlines: Filing: June 25, 2021; Hearing: Pursuant to Local Rules Pre-Trial Conference: November 15, 2021 at 1:30 pm Courtroom 5; Trial: No Trial Set. (Hernandez, M) (Entered: 11/02/2020)

Nov. 2, 2020 PACER
43

MOTION to CERTIFY CLASS by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. (Harding, Lauren) (Entered: 11/02/2020)

Nov. 2, 2020 RECAP
44

MOTION for PRELIMINARY INJUNCTION by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. Motion Hearing set for 12/2/2020 at 10:00 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: # 1 Exhibit 1 - Declaration of Omar Noureldin ISO Motion for Preliminary Injunction, # 2 Exhibit A to Declaration of Omar Noureldin, # 3 Exhibit B to Declaration of Omar Noureldin, # 4 Exhibit C to Declaration of Omar Noureldin, # 5 Exhibit D to Declaration of Omar Noureldin, # 6 Exhibit E to Declaration of Omar Noureldin, # 7 Exhibit F to Declaration of Omar Noureldin, # 8 Exhibit G to Declaration of Omar Noureldin, # 9 Exhibit H to Declaration of Omar Noureldin, # 10 Exhibit I to Declaration of Omar Noureldin, # 11 Exhibit J to Declaration of Omar Noureldin, # 12 Exhibit K to Declaration of Omar Noureldin, # 13 Exhibit L to Declaration of Omar Noureldin, # 14 Exhibit M to Declaration of Omar Noureldin, # 15 Exhibit 2 - Declaration of Dylan Verner-Crist, # 16 Exhibit A-C to Declaration of Dylan Verner-Crist, # 17 Exhibit 3 - Declaration of Dr. Jaimie Meyer, # 18 Exhibit 4 - Declaration of Nina T. Harawa, # 19 Exhibit 5 - Declaration of Dr. Craig W. Haney, Ph.D., # 20 Exhibit 6-10, # 21 Exhibit 11-15, # 22 Exhibit 16-20, # 23 Exhibit 21-25, # 24 Exhibit 26-30, # 25 Exhibit 31-35, # 26 Proposed Order)(Noureldin, Omar) (Entered: 11/03/2020)

1 Exhibit 1 - Declaration of Omar Noureldin ISO Motion for Preliminary Injunction

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2 Exhibit A to Declaration of Omar Noureldin

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3 Exhibit B to Declaration of Omar Noureldin

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4 Exhibit C to Declaration of Omar Noureldin

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5 Exhibit D to Declaration of Omar Noureldin

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6 Exhibit E to Declaration of Omar Noureldin

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7 Exhibit F to Declaration of Omar Noureldin

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8 Exhibit G to Declaration of Omar Noureldin

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9 Exhibit H to Declaration of Omar Noureldin

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10 Exhibit I to Declaration of Omar Noureldin

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11 Exhibit J to Declaration of Omar Noureldin

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12 Exhibit K to Declaration of Omar Noureldin

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13 Exhibit L to Declaration of Omar Noureldin

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14 Exhibit M to Declaration of Omar Noureldin

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15 Exhibit 2 - Declaration of Dylan Verner-Crist

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16 Exhibit A-C to Declaration of Dylan Verner-Crist

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17 Exhibit 3 - Declaration of Dr. Jaimie Meyer

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18 Exhibit 4 - Declaration of Nina T. Harawa

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19 Exhibit 5 - Declaration of Dr. Craig W. Haney, Ph.D.

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20 Exhibit 6-10

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21 Exhibit 11-15

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22 Exhibit 16-20

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23 Exhibit 21-25

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24 Exhibit 26-30

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25 Exhibit 31-35

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26 Proposed Order

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Nov. 3, 2020 RECAP
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OPPOSITION by Michael Boudreaux to 44 Motion for Preliminary Injunction,,,,,. (Attachments: # 1 Memorandum of Points And Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction, # 2 Declaration of Michael K. Brady in Support of, # 3 Declaration of Benjamin Mitchell in Support of, # 4 Declaration of Kevin Silveira in Support of, # 5 Declaration of Jonathan Brown in Support of, # 6 Declaration of Corey Jones in Support of, # 7 Declaration of Gabriel Macias in Support of, # 8 Declaration of David Winters in Support of, # 9 Declaration of Cyrena Robles in Support of, # 10 Declaration of Cheri Lehner in Support of, # 11 Declaration of Julie Stamper in Support of, # 12 Declaration of Russell Murphey in Support of, # 13 Declaration of Andy Garcia in Support of, # 14 Declaration of Jerry Neves in Support of, # 15 Declaration of Dr. Karen Haught in Support of, # 16 Declaration of Dr. Sharon Minnick in Support of, # 17 Declaration of Philip Keiser in Support of)(Pisano, Christopher) (Entered: 11/17/2020)

Nov. 17, 2020 PACER
46

REPLY by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson re 44 Motion for Preliminary Injunction,,,,,. (Attachments: # 1 Ex. 1 Teshuva Declaration, # 2 Ex. A Haught Depo Subpoena, # 3 Ex. B Emails re Haught Depo Subpoena, # 4 Ex. C Objection to Haught Depo Subpoena, # 5 Ex. D Defendant Initial Disclosures, # 6 Ex. E TUL0008740, # 7 Ex. F TUL0000595, # 8 Ex. G CDC Guidelines re MVPs, # 9 Ex. H Silveria Dep Excerpts, # 10 Ex. I Liberstein Dep Excerpts, # 11 Ex. J Wellpath Log reason for test with Labcorp-c1-c102, # 12 Ex. 2 Second Supplemental Meyer Declaration, # 13 Ex. 3 Supplemental Verner-Crist Declaration, # 14 Ex. A Ibarra Grievance, # 15 Ex. B Benavidez Grievance, # 16 Ex. C Lehne Grievance, # 17 Ex. 4 Gilbert Declaration, # 18 Ex. A Gilbert email re Rigoberto Benavidez video working)(Harding, Lauren) (Entered: 11/24/2020)

Nov. 24, 2020 PACER

ACKNOWLEDGEMENT OF RECEIPT of Lodged Thumb Drive of Video Exhibits R, S, T, U, Y, Z and O as to 45, dated 11/17/2020 from Christopher Pisano. (Text only entry) (Martin-Gill, S)

Nov. 24, 2020 PACER
47

NOTICE of ERRATA by Michael Boudreaux re 45 Opposition to Motion,,,,.. (Attachments: # 1 Exhibit Exhibit 1)(Pisano, Christopher) (Entered: 12/02/2020)

Dec. 2, 2020 PACER
48

MINUTES (Text Only) for proceedings held via video conference before District Judge Dale A. Drozd: Motion Hearing held on 12/2/2020. 44 Motion for Preliminary Injunction argued, submitted and taken under submission. Written order to follow. Plaintiffs' Counsel Omar Noureldin, Lauren Harding, and Kathleen Guneratne (Zoom) present. Defendant's Counsel Christopher Pisano (Zoom) present. Court Reporter/CD Number: Karen Hooven. (Thorp, J) (Entered: 12/02/2020)

Dec. 2, 2020 PACER
49

TRANSCRIPT REQUEST by Michael Boudreaux for proceedings held on 12/02/2020 before Judge Dale A. Drozd. Court Reporter Karen Hooven. (Pisano, Christopher) (Entered: 12/03/2020)

Dec. 3, 2020 PACER
50

TRANSCRIPT REQUEST by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson for proceedings held on 12/02/2020 before Judge Judge Dale A. Drozd. Court Reporter Karen Hooven. (Noureldin, Omar) (Entered: 12/03/2020)

Dec. 3, 2020 PACER
51

TRANSCRIPT of Proceedings held on 12-2-20, Preliminary Injunction Hearing before District Judge Dale A. Drozd, filed by Court Reporter Karen Hooven, Phone number 559-264-0584 E-mail karenhooven@yahoo.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction must be filed within 5 court days. Redaction Request due 1/7/2021. Redacted Transcript Deadline set for 1/19/2021. Release of Transcript Restriction set for 3/18/2021. (Hooven, K) (Entered: 12/16/2020)

Dec. 16, 2020 PACER
52

EX PARTE APPLICATION by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson for Leave to Supplement the Record of Plaintiffs' Motion for Preliminary Injunction. (Attachments: # 1 Exhibit 1 Declaration of Omar Noureldin, # 2 Exhibit A Email re request for testing data, # 3 Exhibit B BSCC Tulare County Jails COVID-19 data 2020-12-06 to 2020-12-12, # 4 Exhibit C Email re outbreak in Tulare County Jails, # 5 Exhibit 2 Declaration of Antonio Estrada, # 6 Exhibit 3 Declaration of Dylan Verner-Crist, # 7 Proposed Order)(Noureldin, Omar) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
53

STATUS REPORT by Michael Boudreaux. (Pisano, Christopher) (Entered: 12/21/2020)

Dec. 21, 2020 PACER
54

OPPOSITION by Michael Boudreaux to 52 Ex Parte Application,,. (Attachments: # 1 Declaration David Winters Declaration, # 2 Declaration Kevin Silveira Declaration)(Pisano, Christopher) (Entered: 12/22/2020)

Dec. 22, 2020 PACER
55

ORDER DENYING 43 Motion to Certify Class and DENYING 44 Motion for Preliminary Injunction without prejudice signed by District Judge Dale A. Drozd on 12/22/2020. (Lundstrom, T) (Entered: 12/23/2020)

Dec. 23, 2020 RECAP
56

STIPULATION and PROPOSED ORDER for [Proposed] Stipulated Protective Order re: Discovery of Electronically Stored Information by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. (Attachments: # 1 Proposed Order)(Teshuva, Ariel) (Entered: 01/14/2021)

1 Proposed Order

View on PACER

Jan. 14, 2021 PACER
57

ORDER entering PROTECTIVE ORDER 56 signed by Magistrate Judge Stanley A. Boone on 1/14/2021. (Lundstrom, T) (Entered: 01/15/2021)

Jan. 15, 2021 RECAP
58

NOTICE of APPEARANCE by Anne Orelind Decker on behalf of California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. Attorney Decker, Anne Orelind added. (Decker, Anne) (Entered: 01/19/2021)

Jan. 19, 2021 PACER
59

MOTION to File Supplemental Pleading Pursuant to Fed. R. Civ. P. 15 re 1 Complaint, by California Attorneys for Criminal Justice, Samuel Camposeco, Charles Criswell, Adam Ibarra, Levi Johnson. Motion Hearing set for 4/6/2021 at 09:30 AM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. (Attachments: # 1 Exhibit A - [Proposed] Supplemental Complaint, # 2 Declaration of Lauren M. Harding ISO Rule 15 Motion Regarding Meet and Confer Efforts, # 3 Proposed Order)(Harding, Lauren) (Entered: 02/25/2021)

Feb. 25, 2021 PACER
60

MINUTE ORDER signed by District Judge Dale A. Drozd on 2/26/2021: (Text Only Entry) The parties are advised that pursuant to General Order No. 617, addressing the public health emergency posed by the coronavirus (COVID-19) outbreak, all civil motions set for hearing before District Judge Dale A. Drozd will be decided on the papers. The parties should not contact Judge Drozd's chambers to inquire about whether a hearing on a pending motion will be held. If the court determines that a hearing is necessary, the court will issue an order to specially set the motion for hearing by telephone or video conference. In accordance with Judge Drozd's Standing Order in Light of Judicial Emergency in the Eastern District of California, the hearing date selected by the movant will continue to govern the deadlines for opposition and reply briefs pursuant to Local Rule 230(c). (Thorp, J) (Entered: 02/26/2021)

Feb. 26, 2021 PACER
62

ORDER GRANTING 59 Plaintiff's Motion to File a Supplemental Pleading signed by District Judge Dale A. Drozd on 3/24/2021. Supplemental Pleading due within three (3) days. (Jessen, A)

March 24, 2021 RECAP
65

ORDER SETTING SETTLEMENT CONFERENCE signed by Magistrate Judge Stanley A. Boone on 4/28/2021. IT IS HEREBY ORDERED that a settlement conference is set for May 18, 2021, at 1:30 p.m. in Courtroom 8 before United States Magistrate Judge Barbara A. McAuliffe, who will issue a subsequent order setting forth her requirements prior to the scheduled settlement conference. (Gonzales, V)

April 28, 2021 RECAP
66

ORDER REGARDING Settlement Conference signed by Magistrate Judge Barbara A. McAuliffe on 4/28/2021. (Sant Agata, S)

April 29, 2021 RECAP
72

ORDER RE STIPULATION TO EXTEND EXPERT DISCOVERY DEADLINE. IT IS HEREBY ORDERED that the November 2, 2020 scheduling order (ECF No. 42) is amended as follows: Expert Discovery Deadline: June 18, 2021; and All other dates and aspects of the November 2, 2020 scheduling order shall remain in effect. Signed by Magistrate Judge Stanley A. Boone on 5/18/2021(Hernandez, M)

May 18, 2021 RECAP
77

ORDER MODIFYING SCHEDULING ORDER. Signed by Magistrate Judge Stanley A. Boone on 6/3/2021(Hernandez, M)

June 3, 2021 RECAP
84

Statement of Non-Opposition

Aug. 24, 2021 PACER
85

Notice (Other)

Sept. 17, 2021 PACER
86

ORDER Granting Withdrawal of Lauren M. Harding as Attorney for Plaintiffs and Directing Clerk of Court to Terminate Lauren M. Harding as Attorney of Record signed by Magistrate Judge Stanley A. Boone on 09/20/2021.(Flores, E)

Sept. 21, 2021 RECAP

Minute Order

Sept. 24, 2021 PACER
88

ORDER GRANTING PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT AND CONDITIONAL CLASS CERTIFICATION (Doc. No. 82) The hearing for final approval of the proposed settlement is set for November 29, 2021 at 1:30 p.m. before the undersigned in Courtroom 5, with the motion for final approval of class action settlement to be filed at least 28 days in advance of the final approval hearing, in accordance with Local Rule 230(b). Signed by District Judge Dale A. Drozd on 9/29/2021. (Hernandez, M)

Sept. 29, 2021 RECAP
92

Certify Class

Nov. 2, 2021 PACER
93

Request

Nov. 2, 2021 PACER
94

Notice (Other)

Nov. 3, 2021 PACER
95

Notice of Request to Seal Document(s)

Nov. 16, 2021 PACER
97

Notice of Appearance

Nov. 17, 2021 PACER
98

ORDER DENYING 95 Defendant's Request to Seal, signed by District Judge Dale A. Drozd on 11/19/2021. (Maldonado, C)

Nov. 22, 2021 RECAP
99

Reply to Response to Motion

Nov. 23, 2021 PACER

~Util - 1 Set/Reset Deadlines and Hearings AND Motion Hearing

Nov. 30, 2021 PACER
103

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION. Signed by District Judge Dale A. Drozd on 12/7/2021(Hernandez, M)

Dec. 7, 2021 RECAP

Motion Hearing

Dec. 8, 2021 PACER

Minute Order

March 1, 2022 PACER
114

Notice of Appearance

March 4, 2022 PACER
115

Extension of Time

March 5, 2022 PACER
116

Exhibit

March 5, 2022 PACER
117

Notice of Appearance

March 7, 2022 PACER
118

Opposition to Motion

March 19, 2022 PACER
121

Notice (Other)

March 31, 2022 PACER

Minute Order

March 31, 2022 PACER

Minute Order

April 1, 2022 PACER
125

Notice (Other)

April 6, 2022 PACER
126

Notice (Other)

April 6, 2022 PACER
127

Notice (Other)

April 6, 2022 PACER
128

Order on Motion for Extension

April 13, 2022 PACER

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 29, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are the California Attorneys for Criminal Justice three incarcerated individuals in the custody of the Tulare County Sheriff's Office, acting on behalf of a class of similarly situated incarcerated individuals

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Sheriff of Tulare County (Visalia, Tulare), State

Defendant Type(s):

Law-enforcement

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process: Substantive Due Process

Free Exercise Clause

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Conditions of confinement

Sanitation / living conditions

Crowding:

Crowding / caseload

COVID-19:

Mitigation Requested

Type of Facility:

Government-run