Case: Campbell v. Barnes

30-2020-01141117 | California state trial court

Filed Date: June 2, 2020

Closed Date: Dec. 11, 2020

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Case Summary

On June 2, 2020, six individuals in the custody the Orange County Jail filed a class action Verified Petition for Writs of Mandate and Habeas Corpus and Complaint for Injunctive Relief on behalf of themselves and all others situated against Don Barnes, in his official capacity as Sheriff of Orange County, California. The case was reassigned several times to different judges, who recused themselves, and was eventually reassigned to Judge Peter Wilson. In August, five of the original six petition…

In August, five of the original six petitioners filed an amended petition and complaint, submitting four volumes of documentary evidence, including expert declarations, to the court for its consideration.

Noting that the Orange County Jail was a large and crowded facility, the petitioners alleged that detained individuals could not isolate nor maintain safe social distance in the Jail and that the dangerous conditions at the Jail posed a particular threat to the petitioners and approximately 500 other medically vulnerable detainees at a heightened risk of serious infection and death from COVID-19. The petitioners asserted that the placement of detained persons in group barracks or multi-person cells, the continued use of communal spaces, and inadequate ventilation facilitated the transmission of COVID-19 throughout the Jail and that jail officials failed to provide for adequate contact tracing and testing to limit the spread of the virus. They further alleged that they were at times denied adequate medical care or held in disciplinary isolation due to the spread of COVID-19 within the Jail.

Although the respondent did not challenge the majority of the petitioners’ factual allegations, he contended that he had taken reasonable and adequate steps to mitigate the risk posed by COVID-19.

The plaintiffs filed an amended petition, some of which was conditionally under seal, on September 9. The defendant filed a motion to dismiss and a demurrer to the amended complaint in response on October 8.

On October 29, 2020, the court denied the respondent’s motion to dismiss, finding that the petitioners had made a prima facie showing that they were entitled to relief and ordered the respondent to show cause. The court heard oral argument on December 7, 2020. Four days later, on December 11, the court found that the petitioners had proven both deliberate indifference and disability discrimination and granted the writs of habeas corpus and mandate.

The court specifically found that “the measures taken [to mitigate the risk of COVID-19] lack the very cornerstone of a successful abatement plan, namely a sufficient reduction in Jail population to enable proper social distancing” and that “the current conditions in the Jail place [medically vulnerable incarcerated people] at substantially greater risk of and from a COVID-19 infection.”

The court ordered the immediate release or transfer of the two petitioners still incarcerated. It further ordered the Sheriff to create a Release Plan and reduce the Orange County Jail population by approximately 50%; to maintain proper social distancing; and to impose and maintain a strict policy of facemask wearing compliance by all staff.

On May 6, 2021, the defendant filed a motion to discharge the writs of mandate and habeas corpus and to dismiss the entire action. The plaintiffs filed a notice of non-opposition and a statement of clarification on May 27 and on June 18, the court dismissed the amended petition.

	Document
30-2020-01141117	Docket	Oct. 8, 2021	Oct. 8, 2021 Docket
30-2020-01141117	Order on Writ of Habeas Corpus and Writ of Mandate	Dec. 11, 2020	Dec. 11, 2020 Order/Opinion
	Notice of Ruling on Motion for an Award of Attorneys' Fees	Feb. 1, 2022	Feb. 1, 2022 Order/Opinion

ECF Number	Description	Date	Link Date / Link
2	PETITION FOR WRIT OF MANDATE FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK; WAGNER, DON ON 06/02/2020	June 2, 2020	June 2, 2020
3	CIVIL CASE COVER SHEET FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK; WAGNER, DON ON 06/02/2020	June 2, 2020	June 2, 2020
4	SUMMONS ISSUED AND FILED FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK; WAGNER, DON ON 06/02/2020	June 2, 2020	June 2, 2020
6	CASE ASSIGNED TO JUDICIAL OFFICER WILSON, PETER ON 06/02/2020.	June 2, 2020	June 2, 2020
1	E-FILING TRANSACTION 2914554 RECEIVED ON 06/02/2020 02:16:02 PM.	June 4, 2020	June 4, 2020
5	PAYMENT RECEIVED BY LEGALCONNECT FOR 194 - COMPLAINT OR OTHER 1ST PAPER, 34 - COMPLEX CASE FEE - PLAINTIFF IN THE AMOUNT OF 1,435.00, TRANSACTION NUMBER 12735322 AND RECEIPT NUMBER 12561601.	June 4, 2020	June 4, 2020
7	PROPOSED ORDER RECEIVED ON 06/05/2020	June 5, 2020	June 5, 2020
8	E-FILING TRANSACTION 41089974 RECEIVED ON 06/05/2020 01:32:38 PM.	June 5, 2020	June 5, 2020
9	EX PARTE APPLICATION - OTHER (RESTRAINING ORDER) FILED BY ORTIZ, CECIBEL CARIDAD ON 06/05/2020	June 5, 2020	June 5, 2020
10	DECLARATION - OTHER (OF CASSANDRA STUBBS) FILED BY ORTIZ, CECIBEL CARIDAD ON 06/05/2020	June 5, 2020	June 5, 2020
11	MEMORANDUM OF POINTS AND AUTHORITIES FILED BY ORTIZ, CECIBEL CARIDAD ON 06/05/2020	June 5, 2020	June 5, 2020
12	REQUEST FOR JUDICIAL NOTICE FILED BY ORTIZ, CECIBEL CARIDAD ON 06/05/2020	June 5, 2020	June 5, 2020
13	DECLARATION FOR TEMPORARY RESTRAINING ORDER FILED BY ORTIZ, CECIBEL CARIDAD ON 06/05/2020	June 5, 2020	June 5, 2020
14	APPENDIX OF AUTHORITIES FILED BY ORTIZ, CECIBEL CARIDAD ON 06/05/2020	June 5, 2020	June 5, 2020
15	PAYMENT RECEIVED BY LEGALCONNECT FOR 36 - MOTION OR OTHER (NOT 1ST) PAPER REQUIRING A HEARING IN THE AMOUNT OF 60.00, TRANSACTION NUMBER 12736022 AND RECEIPT NUMBER 12562301.	June 5, 2020	June 5, 2020
16	MOTION FOR TEMPORARY RESTRAINING ORDER SCHEDULED FOR 06/08/2020 AT 01:30:00 PM IN CX102 AT CIVIL COMPLEX CENTER.	June 5, 2020	June 5, 2020
17	CASE REASSIGNED TO WALTER SCHWARM EFFECTIVE 06/05/2020.	June 5, 2020	June 5, 2020
18	THIS CASE IS REASSIGNED TO THE HONORABLE WALTER SCHWARM FOR ALL PURPOSES.	June 5, 2020	June 5, 2020
19	MINUTES FINALIZED FOR CHAMBERS WORK 06/05/2020 01:55:00 PM.	June 5, 2020	June 5, 2020
20	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	June 5, 2020	June 5, 2020
21	MOTION FOR TEMPORARY RESTRAINING ORDER REASSIGNED TO C19 AT CENTRAL JUSTICE CENTER ON 06/08/2020 AT 01:30:00 PM.	June 5, 2020	June 5, 2020
22	MOTION FOR TEMPORARY RESTRAINING ORDER SCHEDULED FOR 06/08/2020 AT 01:30:00 PM IN C19 AT CENTRAL JUSTICE CENTER.	June 5, 2020	June 5, 2020
23	E-FILING TRANSACTION 3912153 RECEIVED ON 06/08/2020 09:06:37 AM.	June 8, 2020	June 8, 2020
24	DECLARATION IN SUPPORT FILED BY ORTIZ, CECIBEL CARIDAD ON 06/08/2020	June 8, 2020	June 8, 2020
25	PROOF OF SERVICE BY MAIL FILED BY ORTIZ, CECIBEL CARIDAD ON 06/08/2020	June 8, 2020	June 8, 2020
26	CASE REASSIGNED TO THOMAS DELANEY EFFECTIVE 06/08/2020.	June 8, 2020	June 8, 2020
27	PEREMPTORY CHALLENGE UNDER C.C.P. 170.6 AS TO THE HONORABLE WALTER P. SCHWARM FILED.	June 8, 2020	June 8, 2020
28	THIS CASE IS REASSIGNED TO THE HONORABLE THOMAS A. DELANEY FOR ALL PURPOSES.	June 8, 2020	June 8, 2020
29	MINUTES FINALIZED FOR CHAMBERS WORK 06/08/2020 11:25:00 AM.	June 8, 2020	June 8, 2020
30	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	June 8, 2020	June 8, 2020
31	E-FILING TRANSACTION 41090213 RECEIVED ON 06/08/2020 12:47:05 PM.	June 8, 2020	June 8, 2020
32	OPPOSITION FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 06/08/2020	June 8, 2020	June 8, 2020
33	DECLARATION IN SUPPORT FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 06/08/2020	June 8, 2020	June 8, 2020
34	DECLARATION IN SUPPORT FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 06/08/2020	June 8, 2020	June 8, 2020
35	DECLARATION IN SUPPORT FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 06/08/2020	June 8, 2020	June 8, 2020
36	DECLARATION IN SUPPORT FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 06/08/2020	June 8, 2020	June 8, 2020
38	EX PARTE SCHEDULED FOR 06/10/2020 AT 01:30:00 PM IN C24 AT CENTRAL JUSTICE CENTER.	June 8, 2020	June 8, 2020
39	THE EX PARTE IS SCHEDULED FOR 06/10/2020 AT 01:30 PM IN DEPARTMENT C24.	June 8, 2020	June 8, 2020
40	MINUTES FINALIZED FOR CHAMBERS WORK 06/08/2020 01:36:00 PM.	June 8, 2020	June 8, 2020
41	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	June 8, 2020	June 8, 2020
42	E-FILING TRANSACTION 3912254 RECEIVED ON 06/08/2020 12:56:53 PM.	June 8, 2020	June 8, 2020
43	REQUEST FOR JUDICIAL NOTICE FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 06/08/2020	June 8, 2020	June 8, 2020
44	OBJECTION FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 06/08/2020	June 8, 2020	June 8, 2020
45	CASE REASSIGNED TO MELISSA MCCORMICK EFFECTIVE 06/08/2020.	June 8, 2020	June 8, 2020
46	EX PARTE REASSIGNED TO C13 AT CENTRAL JUSTICE CENTER ON 06/10/2020 AT 01:30:00 PM.	June 8, 2020	June 8, 2020
47	EX PARTE SCHEDULED FOR 06/10/2020 AT 01:30:00 PM IN C13 AT CENTRAL JUSTICE CENTER.	June 8, 2020	June 8, 2020
48	THIS CASE IS REASSIGNED TO THE HONORABLE MELISSA R. MCCORMICK FOR ALL PURPOSES.	June 8, 2020	June 8, 2020
49	EX PARTE CONTINUED TO 06/10/2020 AT 01:30 PM IN DEPARTMENT .	June 8, 2020	June 8, 2020
50	MINUTES FINALIZED FOR CHAMBERS WORK 06/08/2020 02:59:00 PM.	June 8, 2020	June 8, 2020
51	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	June 8, 2020	June 8, 2020
53	MELISSA R. MCCORMICK RECUSED.	June 9, 2020	June 9, 2020
55	MINUTES FINALIZED FOR CHAMBERS WORK 06/09/2020 09:04:00 AM.	June 9, 2020	June 9, 2020
56	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	June 9, 2020	June 9, 2020
57	CASE REASSIGNED TO CHARLES MARGINES EFFECTIVE 06/10/2020.	June 10, 2020	June 10, 2020
58	THE HONORABLE MELISSA R. MCCORMICK RECUSED HERSELF.	June 10, 2020	June 10, 2020
59	THIS CASE IS REASSIGNED TO THE HONORABLE CHARLES MARGINES FOR ALL PURPOSES.	June 10, 2020	June 10, 2020
60	MINUTES FINALIZED FOR CHAMBERS WORK 06/10/2020 03:31:00 PM.	June 10, 2020	June 10, 2020
61	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	June 10, 2020	June 10, 2020
62	E-FILING TRANSACTION 1746743 RECEIVED ON 06/22/2020 04:34:16 PM.	June 22, 2020	June 22, 2020
63	NOTICE OF WITHDRAWAL OF MOTION FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK; WAGNER, DON ON 06/22/2020	June 22, 2020	June 22, 2020
64	E-FILING TRANSACTION NUMBER 1743757 REJECTED.	June 26, 2020	June 26, 2020
65	PROPOSED STIPULATION AND ORDER RECEIVED ON 07/20/2020	July 20, 2020	July 20, 2020
66	CHARLES MARGINES RECUSED.	July 21, 2020	July 21, 2020
67	MINUTES FINALIZED FOR CHAMBERS WORK 07/21/2020 09:17:00 AM.	July 21, 2020	July 21, 2020
68	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	July 21, 2020	July 21, 2020
69	CASE REASSIGNED TO LAYNE MELZER EFFECTIVE 07/21/2020.	July 21, 2020	July 21, 2020
70	THE HONORABLE CHARLES MARGINES RECUSED HIMSELF.	July 21, 2020	July 21, 2020
71	THIS CASE IS REASSIGNED TO THE HONORABLE LAYNE H. MELZER FOR ALL PURPOSES.	July 21, 2020	July 21, 2020
72	MINUTES FINALIZED FOR CHAMBERS WORK 07/21/2020 02:14:00 PM.	July 21, 2020	July 21, 2020
73	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	July 21, 2020	July 21, 2020
74	PROPOSED STIPULATION AND ORDER RECEIVED ON 08/04/2020	Aug. 4, 2020	Aug. 4, 2020
75	JURY TRIAL SCHEDULED FOR 09/26/2022 AT 09:00:00 AM IN C12 AT CENTRAL JUSTICE CENTER.	Aug. 4, 2020	Aug. 4, 2020
76	MANDATORY SETTLEMENT CONFERENCE SCHEDULED FOR 08/26/2022 AT 08:30:00 AM IN C12 AT CENTRAL JUSTICE CENTER.	Aug. 4, 2020	Aug. 4, 2020
78	CONSENT TO ELECTRONIC SERVICE AND NOTICE OF ELECTRONIC SERVICE ADDRESS FILED BY DON BARNES, IN HIS OFFICIAL CAPACITY AS SHERIFF OF ORANGE COUNTY, CALIFORNIA ON 08/05/2020	Aug. 5, 2020	Aug. 5, 2020
77	E-FILING TRANSACTION 2929029 RECEIVED ON 08/05/2020 04:22:25 PM.	Aug. 6, 2020	Aug. 6, 2020
79	PROPOSED STIPULATION AND ORDER RECEIVED ON 08/14/2020	Aug. 14, 2020	Aug. 14, 2020
84	MINUTES FINALIZED FOR CHAMBERS WORK 08/18/2020 08:16:00 AM.	Aug. 18, 2020	Aug. 18, 2020
85	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	Aug. 18, 2020	Aug. 18, 2020
86	CASE REASSIGNED TO PETER WILSON EFFECTIVE 08/19/2020.	Aug. 19, 2020	Aug. 19, 2020
87	THE COURT DESIGNATES THE CASE COMPLEX.	Aug. 19, 2020	Aug. 19, 2020
88	THIS CASE IS REASSIGNED TO THE HONORABLE PETER WILSON FOR ALL PURPOSES.	Aug. 19, 2020	Aug. 19, 2020
89	MINUTES FINALIZED FOR CHAMBERS WORK 08/19/2020 03:00:00 PM.	Aug. 19, 2020	Aug. 19, 2020
90	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	Aug. 19, 2020	Aug. 19, 2020
92	STIPULATION AND ORDER (RE: AMENDED PETITION AND DEMURRER BRIEFING SCHEDULE) FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK; WAGNER, DON ON 08/20/2020	Aug. 20, 2020	Aug. 20, 2020
91	E-FILING TRANSACTION 1760082 RECEIVED ON 08/14/2020 01:56:10 PM.	Aug. 21, 2020	Aug. 21, 2020
93	PAYMENT RECEIVED BY AMERICANLEGALNET FOR 37 - STIPULATION AND ORDER IN THE AMOUNT OF 20.00, TRANSACTION NUMBER 12770774 AND RECEIPT NUMBER 12597345.	Aug. 21, 2020	Aug. 21, 2020
94	E-FILING TRANSACTION 41099138 RECEIVED ON 07/20/2020 02:33:17 PM.	Aug. 24, 2020	Aug. 24, 2020
95	PROPOSED STIPULATION AND ORDER (REJECTED) FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK; WAGNER, DON ON 08/24/2020	Aug. 24, 2020	Aug. 24, 2020
96	PAYMENT RECEIVED BY AMERICANLEGALNET FOR 37 - STIPULATION AND ORDER IN THE AMOUNT OF 20.00, TRANSACTION NUMBER 12771501 AND RECEIPT NUMBER 12598097.	Aug. 24, 2020	Aug. 24, 2020
97	E-FILING TRANSACTION 2928439 RECEIVED ON 08/04/2020 10:36:37 AM.	Aug. 24, 2020	Aug. 24, 2020
98	PROPOSED STIPULATION AND ORDER (REJECTED) FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK; WAGNER, DON ON 08/24/2020	Aug. 24, 2020	Aug. 24, 2020
99	PAYMENT RECEIVED BY AMERICANLEGALNET FOR 37 - STIPULATION AND ORDER IN THE AMOUNT OF 20.00, TRANSACTION NUMBER 12771506 AND RECEIPT NUMBER 12598102.	Aug. 24, 2020	Aug. 24, 2020
100	CASE MANAGEMENT CONFERENCE SCHEDULED FOR 10/09/2020 AT 09:00:00 AM IN CX102 AT CIVIL COMPLEX CENTER.	Aug. 25, 2020	Aug. 25, 2020
101	THE CASE MANAGEMENT CONFERENCE IS SCHEDULED FOR 10/09/2020 AT 09:00 AM IN DEPARTMENT CX102.	Aug. 25, 2020	Aug. 25, 2020
102	MINUTES FINALIZED FOR CHAMBERS WORK 08/25/2020 10:23:00 AM.	Aug. 25, 2020	Aug. 25, 2020
103	CLERK'S CERTIFICATE OF MAILING/ELECTRONIC SERVICE	Aug. 25, 2020	Aug. 25, 2020
104	E-FILING TRANSACTION NUMBER 2938072 REJECTED.	Sept. 9, 2020	Sept. 9, 2020
106	NOTICE OF LODGING FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK ON 09/09/2020	Sept. 9, 2020	Sept. 9, 2020
107	AMENDED PETITION (VOLUMNE IV - CONDITIONALLY UNDER SEAL) FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK ON 09/09/2020	Sept. 9, 2020	Sept. 9, 2020
108	APPENDIX OF AUTHORITIES (VOLUME IV-CONDITIONALLY UNDER SEAL) FILED BY CAMPBELL, CYNTHIA; CASTILLO, MONIQUE; GONZALEZ, SANDY; ORTIZ, CECIBEL CARIDAD; TRACE, MARK ON 09/09/2020	Sept. 9, 2020	Sept. 9, 2020

Case: Campbell v. Barnes

30-2020-01141117 | California state trial court

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