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Case: McGrath v. County of Nevada

2:89-cv-01658 | U.S. District Court for the Eastern District of California

Filed Date: Dec. 4, 1989

Clearinghouse coding complete

Case Summary

On December 4, 1989, a class action lawsuit was filed under 42 U.S.C. § 1983, on behalf of all present and future prisoners of the Nevada County Jail and Nevada County Detention Center against Nevada County in the U.S. District Court for the Eastern District of California. Plaintiff prisoners alleged violations of their First, Fourth, Eighth, and Fourteenth Amendment rights. In particular, prisoners alleged that they were deprived of beds, seating at meals, clothing, medical, dental, and ment…

On December 4, 1989, a class action lawsuit was filed under 42 U.S.C. § 1983, on behalf of all present and future prisoners of the Nevada County Jail and Nevada County Detention Center against Nevada County in the U.S. District Court for the Eastern District of California. Plaintiff prisoners alleged violations of their First, Fourth, Eighth, and Fourteenth Amendment rights. In particular, prisoners alleged that they were deprived of beds, seating at meals, clothing, medical, dental, and mental health care, safety, access to attorneys, reasonable visitation, prompt determination of probable cause for detention, and prompt bail determinations. The prisoners were represented by several counsel, including the Prisoner Rights Union in Sacramento, California.

Declarations filed in the case indicated that prisoners were eating and sleeping on the hallway floors at the Nevada County Jail, and on March 6, 1990, the parties agreed to a stipulated injunction which was submitted to the District Court (Judge John Moulds). The District Court (Judge Moulds) entered the injunction on October 31, 1990. The injunction imposed a strict population cap on the county jails and required the County to remove all beds from the hallways, to provide each prisoner with a bed, to provide dental care according to accepted community standards, and to provide prompt judicial probable cause hearings. Prisoners' attorneys were also allowed unlimited and unannounced access for the purpose of monitoring compliance.

In March 1992, prisoners of the Nevada County jails were moved to a new facility, and the County sought to dismiss the prisoners' action. The District Court dismissed the action on February 26, 1993.

There was a subsequent dispute regarding the District Court's award of attorney's fees. The U.S. Court of Appeals for the Ninth Circuit (Judge Herbert Young Cho Choy) ultimately vacated the award and remanded the case to the District Court to calculate a reasonable fee. McGrath v. Cnty. of Nevada, 67 F.3d 248 (9th Cir. 1995). The parties subsequently agreed to settle the issue of attorney's fees.

Summary Authors

Megan Raynor (2/5/2006)

Kathryn DeLong (10/2/2014)

People


Judge(s)

Burrell, Garland Ellis Jr. (California)

Choy, Herbert Young Cho (Hawaii)

Garcia, Edward J. (California)

Moulds, John F. (California)

Attorneys(s) for Plaintiff

Comiskey, Paul Wayne (California)

Herman, Richard P. (California)

Munkelt, Stephen Alan (California)

Persons, Paul Turner (California)

Stormer, Dan Lewis (California)

Attorneys(s) for Defendant

Bishop, Brian A. (California)

Judge(s)

Burrell, Garland Ellis Jr. (California)

Choy, Herbert Young Cho (Hawaii)

Garcia, Edward J. (California)

Moulds, John F. (California)

Attorneys(s) for Plaintiff

Comiskey, Paul Wayne (California)

Herman, Richard P. (California)

Munkelt, Stephen Alan (California)

Persons, Paul Turner (California)

Stormer, Dan Lewis (California)

Attorneys(s) for Defendant

Bishop, Brian A. (California)

Curtis, James A. Jr. (California)

DeGraw, Harold E. (California)

Wellner, Melanie Katharine (California)

Woodlock, Lawrence T. (California)

Documents in the Clearinghouse

Document

2:89-cv-01658

Docket

Dec. 8, 1995

Dec. 8, 1995

Docket

2:89-cv-01658

Complaint for Declaratory and Injunctive Relief

Dec. 4, 1989

Dec. 4, 1989

Complaint
19

2:89-cv-01658

Preliminary Injunction

McGrath v. Nevada County

Oct. 3, 1990

Oct. 3, 1990

Order/Opinion
50

2:89-cv-01658

Order (Motion To Dimiss Granted)

McGrath v. The County of Nevada

Feb. 26, 1993

Feb. 26, 1993

Order/Opinion

0:94-15692

Reported Opinion

U. S. Court of Appeals for the Ninth Circuit

Oct. 3, 1995

Oct. 3, 1995

Order/Opinion

Docket

Last updated Nov. 30, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
19

ORDER by Judge Edward J. Garcia for preliminary injunction re: capacities of the Nevada County jail system, Stephen A Munkelt, local counsel in Nevada County shall be permitted unlimited unannounced access to the jail facilities to assess compliance with this Preliminary Injunction (see order for details) (cc: all counsel) (old) (Entered: 10/05/1990)

Oct. 3, 1990

Oct. 3, 1990

21

ORDER by Chief Judge Robert E. Coyle reassigning case to the Honorable William B. Shubb. (cc: all counsel) (old) (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

22

MOTION by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May to compel set for 2/28/91 @ 9:00 (old) (Entered: 01/30/1991)

Jan. 30, 1991

Jan. 30, 1991

23

NOTICE 251 − discovery disagreement, copy to all parties. (old) (Entered: 01/30/1991)

Jan. 30, 1991

Jan. 30, 1991

24

NOTICE by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May of change of firm name of attorney (old) (Entered: 01/31/1991)

Jan. 31, 1991

Jan. 31, 1991

25

LETTER to court from plaintiff confirming phone call to remove Motion to Compell Further Discovery set for 2/28/91 be taken off calender. Also, that a settlement conference has been set for 3/22/91. (old) (Entered: 02/28/1991)

Feb. 27, 1991

Feb. 27, 1991

LODGED Substitution of attorneys (old) Modified on 12/02/1991 (Entered: 11/22/1991)

Nov. 21, 1991

Nov. 21, 1991

26

ORDER by Magistrate John F Moulds GRANTING lodged substitution of attorney, substituting Dan Lewis Stormer as attorney of record (cc: all counsel) (old) (Entered: 12/02/1991)

Dec. 2, 1991

Dec. 2, 1991

27

ORDER SETTING STATUS CONFERENCE by Magistrate John F Moulds ORDERING: Status Conference SET for 1/23/92 at 9:00am in ctrm 6 before Magistrate Moulds (cc: all counsel) (old) (Entered: 12/04/1991)

Dec. 4, 1991

Dec. 4, 1991

28

ORDER ; Scheduling conf continued to 1/30/92 @ 9:00 (cc: all counsel) (old) (Entered: 12/06/1991)

Dec. 6, 1991

Dec. 6, 1991

29

MAIL Returned Order granting substitution of atty [26−1] addressed to plaintiff atty Paul Comiskey; reserved 12/10/91 (old) (Entered: 12/10/1991)

Dec. 9, 1991

Dec. 9, 1991

30

MAIL Returned addressed to Paul W Comiskey marked return to sender, does nt work here. (old) (Entered: 12/13/1991)

Dec. 13, 1991

Dec. 13, 1991

LODGED: stipulation and order to continue status conference (old) (Entered: 01/27/1992)

Jan. 27, 1992

Jan. 27, 1992

31

STIPULATION and ORDER by Magistrate John F. Moulds : ; Scheduling conf continued to 4/30/92 @ 9:00 (cc: all counsel) (old) (Entered: 02/03/1992)

Feb. 3, 1992

Feb. 3, 1992

32

ORDER by Chief Judge Robert E. Coyle Case reassigned to Judge Garland E. Burrell ; plaintiff to complete status form within 7 days, Magistrate Judge to remain the same (cc: all counsel) (old) (Entered: 03/13/1992)

March 13, 1992

March 13, 1992

33

STATUS REPORT by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May (old) (Entered: 04/01/1992)

April 1, 1992

April 1, 1992

34

STATUS CONFERENCE MEMORANDUM by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May; conference set for 4/30/92 at 10:00 in courtroom 6 (old) (Entered: 04/28/1992)

April 28, 1992

April 28, 1992

35

STATUS REPORT by defendant County Of Nevada, defendant Bill Heafey; conference set for 4/30/92 at 9:00 before JFM (old) (Entered: 04/29/1992)

April 28, 1992

April 28, 1992

36

MINUTES of status conference; defendants to file written motion to dismiss within 30 days (old) (Entered: 05/01/1992)

April 30, 1992

April 30, 1992

37

ORDER by Magistrate John F. Moulds status conference held ; the defendant's motion to dismiss shall be filed within 30 days of the date of this hearing (cc: all counsel) (old) (Entered: 05/18/1992)

May 18, 1992

May 18, 1992

38

NOTICE OF MOTION AND MOTION by defendants County Of Nevada, Bill Heafey to dismiss before Magistrate John F Moulds and request for atty fees; hrg 7/23/92 9:00 ; POINTS AND AUTHORITIES and DECLARATION IN SUPPORT THEREOF (old) (Entered: 05/29/1992)

May 27, 1992

May 27, 1992

40

REVISED NOTICE OF MOTION AND MOTION by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM (old) (Entered: 06/17/1992)

June 16, 1992

June 16, 1992

41

RESPONSE by plaintiff Robert McGrath, plaintiff Robert Goetcha, plaintiff Michael May to motion to dismiss before Magistrate John F Moulds and request for atty fees; hrg 7/23/92 9:00 [38−1] (old) (Entered: 07/07/1992)

July 6, 1992

July 6, 1992

42

REPLY by defendant County Of Nevada, defendant Bill Heafey to response to motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM [40−1] (old) (Entered: 07/15/1992)

July 13, 1992

July 13, 1992

43

MINUTES of Motion Hearing setting hearing on motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM [40−1] 9:00 8/27/92, that the motion to dismiss before Magistrate John F Moulds and request for atty fees; hrg 7/23/92 9:00 [38−1] is submitted; defense submits with request for increase of sanctions to $4300. to incorporate cost of preparing response; plaintiff arguments; defense rebuttal; plaintiff response; defendant response; matter submitted; counsel to consult local rules regarding filing of response; 251 stipulation to proceed today (old) (Entered: 07/23/1992)

July 23, 1992

July 23, 1992

44

OPPOSITION by defendant County Of Nevada, defendant Bill Heafey to motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at 9:00 before JFM [40−1] (old) (Entered: 08/12/1992)

Aug. 12, 1992

Aug. 12, 1992

45

ORDER by Magistrate John F Moulds SETTING hearing on motion to compel discovery for entry to observe the operations of the Nevada County Jail set for 8/13/92 at before JFM [40−1] 9:00 8/27/92; Findings and Recommendations concerning defendant's motion to dismiss and plaintiff's motions for sanctions shall issue under seperate cover (cc: all counsel) (old) (Entered: 08/21/1992)

Aug. 21, 1992

Aug. 21, 1992

47

DECLARATION of Paul W Cominsky to Local Rule 251 d (old) (Entered: 08/25/1992)

Aug. 24, 1992

Aug. 24, 1992

46

ORDER by Judge Garland E Burrell ORDERING that this action is CERTIFIED as a CLASS ACTION consisting of all prisoners in the Nevada County Jail and Nevada County Detention Center from 12/1/89 to date and all present and future prisoners (cc: all counsel) (old) (Entered: 08/25/1992)

Aug. 25, 1992

Aug. 25, 1992

48

REPORT AND RECOMMENDATION by Magistrate Judge John F Moulds RECOMMENDING: dfts' motion to dismiss [38−1] be GRANTED; dfts' request for sanctions be DENIED; and this action be DISMISSED; any party may object w/i 10 days after service; any reply w/i 10 days after service of objections (cc: all counsel) (old) (Entered: 12/29/1992)

Dec. 29, 1992

Dec. 29, 1992

49

NOTICE by co−counsel for pltfs of change of address TO: Richard P Herman, 24012 Calle de la Plata, Suite 330, Laguna Hills, CA 92653; phone: (714)768−3601 (old) (Entered: 01/20/1993)

Jan. 20, 1993

Jan. 20, 1993

50

ORDER by Judge Garland E Burrell ADOPTING report &recommendation [48−1]; ORDERING: dfts' motion to dismiss [38−1] GRANTED; dfts' request for sanctions DENIED; case DISMISSED (cc: all counsel) (old) (Entered: 02/26/1993)

Feb. 26, 1993

Feb. 26, 1993

51

JUDGMENT: by Judge Garland E Burrell entered according to the court's order filed 2/26/93 (cc: all counsel) (old) (Entered: 02/26/1993)

Feb. 26, 1993

Feb. 26, 1993

52

NOTICE OF MOTION AND MOTION by pltfs for attorney fees, costs and expenses set 4/8/93 at 10:00 before JFM (old) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

53

MEMORANDUM by pltfs in SUPPORT of motion for attorney fees, costs and expenses [52−1] (old) Modified on 03/08/1993 (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

54

EXHIBITS by pltfs in SUPPORT of motion for attorneys' fees, costs and expenses [52−1] (old) (Entered: 03/08/1993)

March 5, 1993

March 5, 1993

LODGED stipulation and order continuing hearing on motion for an award of attorney's fees (old) (Entered: 03/24/1993)

March 24, 1993

March 24, 1993

56

STIPULATION and ORDER by Magistrate John F Moulds setting hearing on motion for attorney fees, costs and expenses [52−1] 10:00 4/22/93 (cc: all counsel) (old) (Entered: 04/01/1993)

April 1, 1993

April 1, 1993

57

MEMORANDUM by defendant Bill Heafey, defendant County Of Nevada in opposition to motion for attorney fees, costs and expenses [52−1] (old) (Entered: 04/02/1993)

April 2, 1993

April 2, 1993

58

REPLY MEMORANDUM by pltfs in SUPPORT of motion for attorney fees, costs and expenses [52−1] (old) (Entered: 04/15/1993)

April 13, 1993

April 13, 1993

59

EXHIBITS in SUPPORT of pltfs' reply memorandum [58−1] (old) (Entered: 04/15/1993)

April 13, 1993

April 13, 1993

60

NOTICE by Richard P Herman, co−counsel for pltfs, of change of address TO: Richard P Herman, 301 Forest Avenue, Laguna Beach, CA 92651; phone: (714) 494−1404 (old) (Entered: 04/22/1993)

April 22, 1993

April 22, 1993

61

MINUTES of motion for attorneys fees before Magistrate John F Moulds: pltf's arguments; dft's arguments; pltf's rebuttal; pltf's motion for attorney fees, costs and expenses [52−1] SUBMITTED; court to prepare order (old) (Entered: 04/23/1993)

April 22, 1993

April 22, 1993

62

REQUEST for Judicial notice by plaintiff Michael May, plaintiff Robert Goetcha, plaintiff Robert McGrath (old) (Entered: 09/08/1993)

Sept. 3, 1993

Sept. 3, 1993

63

NOTICE OF MOTION AND MOTION to vacate the Magistrate by Plaintiffs Michael May, Robert Goetcha, Robert McGrath motion to be heard on 1/18/94 at 9:00am by Judge Garland E Burrell (kb) (Entered: 12/21/1993)

Dec. 20, 1993

Dec. 20, 1993

64

MEMORANDUM by plaintiff Michael May, plaintiff Robert Goetcha, plaintiff Robert McGrath in support of motion to vacate the Magistrate by Plaintiffs Michael May, Robert Goetcha, Robert McGrath [63−1] (kb) (Entered: 12/21/1993)

Dec. 20, 1993

Dec. 20, 1993

LODGED Proposed Order by Plaintiffs (kb) (Entered: 12/22/1993)

Dec. 20, 1993

Dec. 20, 1993

LODGED stipulation and order continuing hearing on motion to vacate the magistrate (old) (Entered: 01/11/1994)

Jan. 10, 1994

Jan. 10, 1994

65

STIPULATION and ORDER by Judge Garland E Burrell ORDERING: hearing on motion to vacated the Magistrate is CONTINUED to 1/31/94 at 9:00am in Courtroom 6 before Judge Garland E Burrell (cc: all counsel) (kb) (Entered: 01/18/1994)

Jan. 18, 1994

Jan. 18, 1994

66

FINDINGS AND RECOMMENDATION by Magistrate John F Moulds recommending plaintiffs' motion for attorney fees, costs and expenses [52−1] be GRANTED; Plaintiffs be awarded reasonable attorneys' fees in the amount of $38,061.00 and reasonable expenses in the amount of 2,518.59 for a total award of $40,579.59 ; objections are due within 10 days after being served (cc: all counsel) (kb) (Entered: 02/01/1994)

Feb. 1, 1994

Feb. 1, 1994

67

OBJECTIONS by defendants County Of Nevada and Bill Heafey to Findings and Recommendation [66−1] (kb) (Entered: 02/14/1994)

Feb. 10, 1994

Feb. 10, 1994

68

WITHDRAWAL by plaintiffs of motion to vacate the Magistrate by Plaintiffs Michael May, Robert Goetcha, Robert McGrath [63−1] (kb) (Entered: 02/17/1994)

Feb. 17, 1994

Feb. 17, 1994

69

RESPONSE by plaintiffs to defendants' objections to Magistrate Judge's Findings and Recommendations [67−1] (kb) (Entered: 02/22/1994)

Feb. 18, 1994

Feb. 18, 1994

70

PLAINTIFFS' EXHIBITS in support of reply to defendants objections [69−1] (kb) (Entered: 02/22/1994)

Feb. 18, 1994

Feb. 18, 1994

71

LODGED Document Proposed order from plaintiffs not to be signed (kb) (Entered: 03/09/1994)

March 9, 1994

March 9, 1994

73

ORDER by Judge Garland E Burrell ORDERING: FINDINGS AND RECOMMENDATION by Magistrate John F Moulds recommending plaintiffs' motion attorney fees, costs and expenses [52−1] be granted; and plaintiffs be awarded reasonable attorneys' fees in the amount of $38,061.00 and reasonable expenses in the amount of 2,518.59 for a total award of $40,579.59 [66−1] is ADOPTED IN FULL, plaintiffs motion for attorney fees, costs and expenses [52−1] is GRANTED; plaintiffs are awarded reasonable attorneys' fees in the amount of $38,061.00 and reasonable expenses in the amount of $2,518.59 for a total award of $40,579.59 (cc: all counsel) (kb) (Entered: 03/22/1994)

March 22, 1994

March 22, 1994

74

NOTICE OF APPEAL by defendants County Of Nevada and Bill Heafey from Dist Court decision [73−1] and notice of designation of transcript of proceedings on 2/22/90, 4/30/92, 7/23/92, 4/22/93 ( fee status: not paid) (kb) Modified on 04/18/1994 (Entered: 04/18/1994)

April 15, 1994

April 15, 1994

75

MAILED case information/docket fee payment notice, copy of Notice of Appeal to 9th Circuit Court of Appeals, Copy of appeal and certified copy of docket sheet to all parties. (kb) (Entered: 04/18/1994)

April 18, 1994

April 18, 1994

76

NOTIFICATION by Circuit Court of Appellate Docket Number 94−15692 (kb) (Entered: 05/02/1994)

April 29, 1994

April 29, 1994

77

NOTICE by Ninth Circut of time schedule (kb) (Entered: 05/02/1994)

April 29, 1994

April 29, 1994

78

RETURNED Receipt from Nith Circuit of receipt of Clerk's and Reporter's Transcript(s) (kb) (Entered: 05/02/1994)

April 29, 1994

April 29, 1994

79

RECEIPT #158321 for $105 for appeal fee (kb) (Entered: 05/13/1994)

May 11, 1994

May 11, 1994

80

TRANSCRIPT DESIGNATION and Ordering Form for dates: 2/22/90, 4/30/92, 7/23/92, 4/22/93 (kb) (Entered: 05/20/1994)

May 19, 1994

May 19, 1994

81

CERTIFICATE of Record Transmitted to USCA (Notice sent) (old) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

82

TRANSCRIPT of 2/22/90 Status conference and pltf's motion for preliminary injunction (old) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

83

TRANSCRIPT of 4/30/92 Status report (old) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

84

TRANSCRIPT of 7/23/92 Defendants' motion to dismiss (old) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

85

TRANSCRIPT of 4/22/93 pltfs' motion for costs and attorney fees (old) (Entered: 06/09/1994)

June 9, 1994

June 9, 1994

86

CLERK'S record on appeal transmitted to 9th Circuit original case file volumes 2; transcripts 4 and copy of docket mailed to 9th Circuit regarding appeal [74−1] (cc: all counsel) (kb) (Entered: 09/26/1994)

Sept. 26, 1994

Sept. 26, 1994

87

CERTIFIED COPY of 9th Circuit Order AFFIRMING in part the decision of the District Court and Attorney's Fee Award VACATED AND REMANDED [74−1] (cc: all counsel) (old) (Entered: 10/26/1995)

Oct. 26, 1995

Oct. 26, 1995

LODGED Stipulation &Order for attorneys fees by defendant (old) (Entered: 11/28/1995)

Nov. 22, 1995

Nov. 22, 1995

88

STIPULATION AND ORDER by Judge Garland E Burrell; Pltf's counsel agrees to settle all outstanding fee and cost issues remaining in this action in the amount of $35,000 as full and complete settlement (cc: all counsel) (old) (Entered: 11/30/1995)

Nov. 30, 1995

Nov. 30, 1995

89

RECORD on appeal returned from 9th Circuit volumes 2 transcripts 4 (old) (Entered: 12/15/1995)

Dec. 8, 1995

Dec. 8, 1995

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 4, 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All present and future inmates of the Nevada County Jail and Nevada County Detention Center

Attorney Organizations:

Hadsell, Stormer & Renick

Prisoners Rights Union

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Nevada (Nevada City, Nevada), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1990 - 1993

Issues

General:

Access to lawyers or judicial system

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Pre-PLRA Population Cap

Medical/Mental Health:

Dental care

Medical care, general

Mental health care, general