Case: Stone v. City and County of San Francisco

3:78-cv-02774 | U.S. District Court for the Northern District of California

Filed Date: Dec. 1, 1978

Closed Date: 1997

Clearinghouse coding complete

Case Summary

A class of prisoners brought this civil rights lawsuit in the U.S. District Court of the Northern District of California on December 1, 1978, against the City and County of San Francisco challenging the conditions of their confinement. More particularly, plaintiffs were objecting to the population level at San Francisco's jail on the sixth floor of the Hall of Justice ("Jail No. 1"). Plaintiffs were represented by several counsel, including the Equal Rights Advocates, Inc., in San Francisco.T…

A class of prisoners brought this civil rights lawsuit in the U.S. District Court of the Northern District of California on December 1, 1978, against the City and County of San Francisco challenging the conditions of their confinement. More particularly, plaintiffs were objecting to the population level at San Francisco's jail on the sixth floor of the Hall of Justice ("Jail No. 1"). Plaintiffs were represented by several counsel, including the Equal Rights Advocates, Inc., in San Francisco.

The parties entered into a consent decree on July 15, 1982, requiring that the Jail's housing areas would not regularly house more inmates than the capacity set by the California Board of Corrections. In June, 1985, the plaintiffs moved to hold the City in contempt for violating the population level provision of the consent decree; the district court ordered the City to comply. After continued noncompliance, the district court allowed the City a period of time to present a plan for addressing the problem of overcrowding and appointed a Special Master (Allen F. Breed) to make recommendations. In August, 1987, the City agreed that the district court could impose monetary sanctions if it failed to comply with the consent decree. The court also granted special powers to the Sheriff, including the ability to release prisoners before they had served their full term, in order to meet the capacity level limits. Over the course of the next year, the district court expanded these powers of the Sheriff, but overcrowding continued. After allowing the City ample time to comply, the court ordered fines of $300 per inmate per day if the city failed to comply by March 15, 1989. The City complied by this date, and the district court extended the consent decree beyond its seven-year term and denied the pending contempt motion.

On December 17, 1991, after months of chronic overcrowding at Jail No. 1, the district court found the City in contempt, required immediate compliance, and imposed sanctions of $300 per day per inmate for each day after January 1, 1992, that the City violated the order. The court also expanded the Sheriff's powers for early release. The City filed a motion for stay of the order and reconsideration of the court's opinion; the District Attorney for the City filed an amicus brief urging invalidation of the portion of the court order that allowed the Sheriff to override state law and criminal sentences by releasing prisoners before they had completed their full sentence, citing federalism concerns.

The Court of Appeals for the Ninth Circuit (Judge Herbert Young Cho Choy) affirmed the contempt order, relying on two factors found by the district court: 1) the city's history of noncompliance with the population limits, and 2) the failure to comply despite the pendency of the contempt motion. Stone v. City & Co. of San Francisco, 968 F.2d 850 (9th Cir. 1992). Neither the City's intent to comply nor the financial constraints of compliance were defenses.

The Ninth Circuit further found that federal courts have very broad remedial powers, and that in certain situations, a federal court is justified in employing the early-release and state-law-override mechanisms. The Ninth Circuit found that the district court's original grants of early-release and state-law-override powers to the sheriff did not present federalism concerns, but that the subsequent expansion of these powers did. The district court had not made any finding that other alternatives were inadequate before it authorized this. Therefore, that portion of the order allowing the Sheriff to override applicable state law in conducting early release was vacated, and the rest of the order affirmed.

The United States District Court for the Northern District of California (Judge William Horsley Orrick, Jr.) ruled on January 19, 1993, that the fines imposed as part of the contempt order did not accrue during the period in which the contempt order was stayed pending appeal. Stone v. City and Co. of San Francisco, 145 F.R.D. 553 (N.D.Cal. 1993).

According to the docket on PACER, subsequent litigation included disputes over attorney's fees and the defendants' overcrowding plan. On December 20, 1996, the U.S. District Court for the Northern District of California (Judge Orrick) terminated the consent decree and dismissed the case with prejudice. An appeal was filed, but dismissed on January 22, 1997.

Summary Authors

Megan Raynor (2/5/2006)

People


Judge(s)

Choy, Herbert Young Cho (Hawaii)

Farris, Joseph Jerome (Washington)

Orrick, William Horsley Jr. (California)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Cohen, Morton P. (California)

Hauser, John N. (California)

Parker, Beth H. (California)

Reid, Carolyn L. (California)

Attorneys(s) for Defendant

Aftergut, Dennis (California)

Renne, Louise H. (California)

Judge(s)

Choy, Herbert Young Cho (Hawaii)

Farris, Joseph Jerome (Washington)

Orrick, William Horsley Jr. (California)

Rymer, Pamela Ann (California)

Attorneys(s) for Plaintiff

Cohen, Morton P. (California)

Hauser, John N. (California)

Parker, Beth H. (California)

Reid, Carolyn L. (California)

Attorneys(s) for Defendant

Aftergut, Dennis (California)

Renne, Louise H. (California)

Expert/Monitor/Master

Breed, Allen F. (California)

Documents in the Clearinghouse

Document

3:78-cv-02774

Docket

Stone v. City & County of San Francisco

June 28, 2000

June 28, 2000

Docket

91-16927

Opinion

Stone v. City & County of San Francisco

U. S. Court of Appeals for the Ninth Circuit

968 F.2d 850

Aug. 25, 1992

Aug. 25, 1992

Order/Opinion
623

3:78-cv-02774

Opinion and Order

Stone v. City & County of San Francisco

145 F.R.D. 553

Jan. 19, 1993

Jan. 19, 1993

Order/Opinion

92-00899

Memorandum Decision

City & County of San Francisco v. Stone

Supreme Court of the United States

506 U.S. 1081, 113 S.Ct. 1050, 122 L.Ed.2d 358

Jan. 19, 1993

Jan. 19, 1993

Order/Opinion

Resources

Docket

Last updated Aug. 13, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
542

DECLARATION by Dennis Aftergut on behalf of defendant re memorandum [541-1] (ab, COURT STAFF) (Entered: 12/16/1991)

Aug. 13, 1989

Aug. 13, 1989

541

MEMORANDUM by plaintiff in support of attorneys' fees (ab, COURT STAFF) (Entered: 12/16/1991)

Aug. 24, 1989

Aug. 24, 1989

451

MOTION by defendant to vacate order and reject special master's award with Notice set for 12/20/90 2 p.m. (ab, COURT STAFF) (Entered: 12/07/1990)

Nov. 20, 1990

Nov. 20, 1990

455

MEMORANDUM by plaintiff in opposition motion to vacate order and reject special master's award [451-1] (ab, COURT STAFF) (Entered: 12/07/1990)

Dec. 6, 1990

Dec. 6, 1990

456

DECLARATION by plaintiff Beth Parker re memorandum [455-1] (ab, COURT STAFF) (Entered: 12/07/1990)

Dec. 6, 1990

Dec. 6, 1990

457

PROOF OF SERVICE by plaintiff of docket #455 (ab, COURT STAFF) (Entered: 12/07/1990)

Dec. 6, 1990

Dec. 6, 1990

RECEIVED Proposed order to vacate submitted by plaintiff re: [455-1] (ab, COURT STAFF) (Entered: 12/07/1990)

Dec. 6, 1990

Dec. 6, 1990

458

STIPULATION and ORDER by Senior Judge William H. Orrick : setting hearing on motion to vacate order and reject special master's award [451-1] 2:00 1/17/91 (cc: all counsel) (ab, COURT STAFF) (Entered: 12/12/1990)

Dec. 10, 1990

Dec. 10, 1990

459

MOTION by plaintiff for contempt with Notice set for 1/17/91 2 p.m. (ab, COURT STAFF) (Entered: 12/14/1990)

Dec. 12, 1990

Dec. 12, 1990

460

MEMORANDUM by plaintiff in support of motion for contempt [459-1] (ab, COURT STAFF) (Entered: 12/14/1990)

Dec. 13, 1990

Dec. 13, 1990

461

DECLARATION by plaintiff Beth Parker re motion for contempt [459-1] (ab, COURT STAFF) (Entered: 12/14/1990)

Dec. 13, 1990

Dec. 13, 1990

RECEIVED proposed order submitted by plaintiff re: [459-1] (ab, COURT STAFF) (Entered: 12/14/1990)

Dec. 13, 1990

Dec. 13, 1990

463

REPLY by defendant re [455-1] (ab, COURT STAFF) (Entered: 12/14/1990)

Dec. 13, 1990

Dec. 13, 1990

464

OBJECTIONS by defendant to motion for contempt [459-1] (dm, COURT STAFF) (Entered: 01/07/1991)

Jan. 3, 1991

Jan. 3, 1991

465

DECLARATION of Pamela Ketzel by defendant re objection to motion for comtempt [464-1] (dm, COURT STAFF) (Entered: 01/07/1991)

Jan. 3, 1991

Jan. 3, 1991

466

DECLARATION of James F. Harrington in support of opposition by defendant re motion for contempt [459-1] (dm, COURT STAFF) (Entered: 01/07/1991)

Jan. 3, 1991

Jan. 3, 1991

467

DECLARATION of Peter Goldstein in support of opposition by defendant re motion for contempt [459-1] (dm, COURT STAFF) (Entered: 01/07/1991)

Jan. 3, 1991

Jan. 3, 1991

468

REPLY by plaintiff re [459-1] (ab, COURT STAFF) (Entered: 01/14/1991)

Jan. 10, 1991

Jan. 10, 1991

469

DECLARATION by plaintiff Morton Cohen (ab, COURT STAFF) (Entered: 01/14/1991)

Jan. 10, 1991

Jan. 10, 1991

470

SUPPLEMENTAL DECLARATION by plaintiff Beth Parker (ab, COURT STAFF) (Entered: 01/14/1991)

Jan. 10, 1991

Jan. 10, 1991

471

PROOF OF SERVICE by plaintiff of dockets 468-470 (ab, COURT STAFF) (Entered: 01/14/1991)

Jan. 10, 1991

Jan. 10, 1991

472

CLERK'S NOTICE setting hearing on motion for contempt [459-1] 3:30 1/24/91 (ab, COURT STAFF) (Entered: 01/22/1991)

Jan. 18, 1991

Jan. 18, 1991

473

OBJECTIONS by defendant to Special Master's l3th progress report (ab, COURT STAFF) (Entered: 01/24/1991)

Jan. 23, 1991

Jan. 23, 1991

474

DECLARATION by defendant re objection [473-1] (ab, COURT STAFF) (Entered: 01/24/1991)

Jan. 23, 1991

Jan. 23, 1991

475

DECLARATION of Peter Goldstein by defendant re objection [473-1] (ab, COURT STAFF) (Entered: 01/24/1991)

Jan. 23, 1991

Jan. 23, 1991

476

DECLARATION of Dennis Aftergut by defendant re objection [473-1] (ab, COURT STAFF) (Entered: 01/24/1991)

Jan. 23, 1991

Jan. 23, 1991

477

MINUTES: ( C/R Colleen Stone) granting motion for contempt [459-1] motion set 2/28/91 3:30 p.m.; denying motion to vacate order and reject special master's award [451-1] (ab, COURT STAFF) (Entered: 01/25/1991)

Jan. 24, 1991

Jan. 24, 1991

478

Defendant's plan for assuring compliance with staffing requirements of consent decree (ab, COURT STAFF) (Entered: 02/28/1991)

Feb. 27, 1991

Feb. 27, 1991

479

MINUTES: 2/28/91 ( C/R Carl Pline) that the motion for contempt [459-1] is submitted (ab, COURT STAFF) (Entered: 03/04/1991)

March 1, 1991

March 1, 1991

481

STIPULATION and ORDER by Senior Judge William H. Orrick : submit defendant City and county of San Francisco's Forensic Services Long Term Health Plan dated 1/15/91. (cc: all counsel) (ab, COURT STAFF) (Entered: 03/12/1991)

March 11, 1991

March 11, 1991

482

PROOF OF SERVICE by defendant of stipulation (ab, COURT STAFF) (Entered: 03/14/1991)

March 12, 1991

March 12, 1991

483

ORDER by Senior Judge William H. Orrick (cc: all counsel) (ab, COURT STAFF) Modified on 12/10/1991 (Entered: 04/02/1991)

April 1, 1991

April 1, 1991

484

Thirteenth PROGRESS REPORT of Special Master on Defendants' State of Compliance with Consent Degree (ab, COURT STAFF) (Entered: 04/02/1991)

April 1, 1991

April 1, 1991

487

MEMORANDUM by plaintiff in support of motion for attorney fees [486-1] (ab, COURT STAFF) (Entered: 05/10/1991)

April 8, 1991

April 8, 1991

485

CLERK'S NOTICE that hearing re Long Term Overcrowding Plan is scheduled 5/23/91 2 p.m. (ab, COURT STAFF) (Entered: 05/07/1991)

May 6, 1991

May 6, 1991

486

MOTION by plaintiff for attorney fees with Notice set for 6/6/91 2 p.m. (ab, COURT STAFF) (Entered: 05/10/1991)

May 8, 1991

May 8, 1991

488

PROOF OF SERVICE by plaintiff of dockets No. 486-487 (ab, COURT STAFF) (Entered: 05/10/1991)

May 8, 1991

May 8, 1991

RECEIVED proposed order granting plaintiffs interim fee application submitted by plaintiff (ab, COURT STAFF) (Entered: 05/10/1991)

May 8, 1991

May 8, 1991

489

ORDER by Senior Judge William H. Orrick setting hearing on clerk notice [485-1] 2:00 6/20/91 (cc: all counsel) ( Date Entered 5/14/91) (ab, COURT STAFF) (Entered: 05/14/1991)

May 10, 1991

May 10, 1991

RECEIVED stipulation to continue hearing on plaintiffs' interim motion for attorneys' fees submitted by defendant (ab, COURT STAFF) (Entered: 05/21/1991)

May 20, 1991

May 20, 1991

490

STIPULATION and ORDER by Senior Judge William H. Orrick : setting hearing on motion for attorney fees [486-1] 2:00 6/20/91 (cc: all counsel) (ab, COURT STAFF) (Entered: 05/23/1991)

May 22, 1991

May 22, 1991

491

MOTION by plaintiff for contempt with Notice set for 6/27/91 2 p.m. (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

492

MEMORANDUM by plaintiff in support of motion for contempt [491-1] (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

493

DECLARATION by G.B. on behalf of plaintiff re motion for contempt [491-1] (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

494

DECLARATION by Morton Cohen on behalf of plaintiff re motion for contempt [491-1] (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

496

DECLARATION by John Stewart on behalf of plaintiff re motion for contempt [491-1] (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

497

DECLARATION by Beth Parker on behalf of plaintiff re motion for contempt [491-1] (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

498

DECLARATION by Morton Cohen on behalf of plaintiff re motion for contempt [491-1] (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

499

PROOF OF SERVICE by plaintiff of dockets No. 491-498 (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

RECEIVED proposed order finding defendants in contempt of court submitted by plaintiff re: [491-1] (ab, COURT STAFF) (Entered: 05/31/1991)

May 30, 1991

May 30, 1991

500

LETTER to clerk from Beth Parker dated 6/12/91 re motion for contempt and for approval of fee application to be heard 7/17/91. (ab, COURT STAFF) (Entered: 06/18/1991)

June 14, 1991

June 14, 1991

501

STIPULATION and ORDER by Senior Judge William H. Orrick : setting hearing on motion for contempt [491-1] 2:00 7/17/91 (cc: all counsel) (ab, COURT STAFF) (Entered: 06/27/1991)

June 24, 1991

June 24, 1991

502

CLERK'S NOTICE setting hearing on motion for contempt [491-1] continued by request of special master Breed 2:30 7/31/91 (ab, COURT STAFF) (Entered: 06/27/1991)

June 24, 1991

June 24, 1991

503

OPPOSITION by defendant to motion for contempt [491-1] (ab, COURT STAFF) (Entered: 07/15/1991)

July 11, 1991

July 11, 1991

504

DECLARATION by Mary Ann de Souza on behalf of defendant re opposition [503-1] (ab, COURT STAFF) (Entered: 07/15/1991)

July 11, 1991

July 11, 1991

505

DECLARATION by Scarlet Gordon on behalf of defendant re opposition [503-1] (ab, COURT STAFF) (Entered: 07/15/1991)

July 11, 1991

July 11, 1991

506

DECLARATION by George Kowalski on behalf of defendant re opposition [503-1] (ab, COURT STAFF) (Entered: 07/15/1991)

July 11, 1991

July 11, 1991

507

DECLARATION by Steven Lutes on behalf of defendant re opposition [503-1] (ab, COURT STAFF) (Entered: 07/15/1991)

July 11, 1991

July 11, 1991

508

DECLARATION by Dennis Aftergut on behalf of defendant re opposition [503-1] (ab, COURT STAFF) (Entered: 07/15/1991)

July 11, 1991

July 11, 1991

509

RESPONSE by defendant re motion for attorney fees [486-1] (ab, COURT STAFF) (Entered: 07/19/1991)

July 18, 1991

July 18, 1991

510

REPLY memo by plaintiff re motion for contempt [491-1] (ab, COURT STAFF) (Entered: 07/26/1991)

July 25, 1991

July 25, 1991

511

SUPPLEMENTAL DECLARTION of Beth Parker by plaintiff (ab, COURT STAFF) (Entered: 07/26/1991)

July 25, 1991

July 25, 1991

513

MINUTES: 7/31/91 ( C/R Judith Dudeck) that the motion for contempt [491-1] is submitted, granting motion for attorney fees [486-1] (ab, COURT STAFF) (Entered: 08/05/1991)

July 31, 1991

July 31, 1991

514

ORDER by Senior Judge William H. Orrick: McCutchen Doyle Brown & Enersen to receive $26,683.60 attorneys' fees and disbursement incurred between 6/90 and 3/31/91. Morton Cohen shall receive $47,406.50 for fees incurred 6/90 and 3/3l/9l. ( Date Entered: 8/16/91) (cc: all counsel) (ab, COURT STAFF) (Entered: 08/16/1991)

Aug. 15, 1991

Aug. 15, 1991

515

LETTER dated 8/19/91 from Dennis Aftergut re requests to reduce population (dm, COURT STAFF) (Entered: 09/25/1991)

Sept. 23, 1991

Sept. 23, 1991

516

ORDER by Senior Judge William H. Orrick ; In-court hearing 11/7/91 at 2:00 re defendants' plan to avoid further overcrowding in Jail No. 1 ( Date Entered: 9/25/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 09/25/1991)

Sept. 23, 1991

Sept. 23, 1991

517

REPORTER'S TRANSCRIPT; Date of proceedings: 7/31/91 ( C/R: Judith Dudeck) (dm, COURT STAFF) (Entered: 09/30/1991)

Sept. 26, 1991

Sept. 26, 1991

518

ORDER by Senior Judge William H. Orrick Cases related: 3:78-cv-2774 with member cases 3:91-cv-3453 ( Date Entered: 10/24/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 10/24/1991)

Oct. 23, 1991

Oct. 23, 1991

519

ORDER granting plaintiffs interim fee application ( Date Entered: 11/7/91) (cc: all counsel) (as, COURT STAFF) (Entered: 11/07/1991)

Nov. 4, 1991

Nov. 4, 1991

520

DECLARATION by Beth Parker on behalf of plaintiff Will Stone re motion for contempt [491-1] (cb, COURT STAFF) (Entered: 11/08/1991)

Nov. 7, 1991

Nov. 7, 1991

521

MINUTES: ( C/R Julianne Eber) Hearing re overcrowding submitted (cb, COURT STAFF) (Entered: 11/08/1991)

Nov. 7, 1991

Nov. 7, 1991

522

SUPPLEMENTAL OPPOSITION by defendant SF City & County to motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

523

DECLARATION by Dennis Aftergut on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

524

DECLARATION by Jeff Brown on behalf of defendant SF City & County re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

525

DECLARATION by Stephen C. Delaney on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

526

DECLARATION by Mary Ann deSouza on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

527

DECLARATION by Kevin Foster on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

528

DECLARATION by Peter Goldstein on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

529

DECLARATION by Michael Hennessey on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

530

DECLARATION by Richard D. Holder on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

531

DECLARATION by Paula Itaya on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

532

DECLARATION by George Kowalski on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

533

DECLARATION by Michael LaVigne on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

534

DECLARATION by Sally Pina on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

535

DECLARATION by Gary Pisciotto on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

536

DECLARATION by Paul Principe on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

537

DECLARATION by Arlene Sauser on behalf of defendant SF City & County in support of opposition re motion for contempt [491-1] (dm, COURT STAFF) (Entered: 12/12/1991)

Dec. 11, 1991

Dec. 11, 1991

543

DECLARATION by Irving Reichert on behalf of defendant in support of supplemental opposition to motion for contempt (ab, COURT STAFF) (Entered: 12/16/1991)

Dec. 11, 1991

Dec. 11, 1991

538

SUPPLEMENTAL memo of points and points of authorities by plaintiff in support of motion for contempt of overcrowding orders (ab, COURT STAFF) (Entered: 12/16/1991)

Dec. 12, 1991

Dec. 12, 1991

539

DECLARATION by Beth Parker on behalf of plaintiff re [538-1] (ab, COURT STAFF) (Entered: 12/16/1991)

Dec. 12, 1991

Dec. 12, 1991

540

MOTION by defendant to vacate order and to reject special master's award Unnoticed (ab, COURT STAFF) (Entered: 12/16/1991)

Dec. 13, 1991

Dec. 13, 1991

545

MEMORANDUM, OPINION, AND ORDER: Fourteenth Progress Report of Special Master on defendants' State of Compliance with the Decree is adopted by Court as present status of defendants' compliance in this action. Sanctions awarded against defendants $300 per day per person after 1/1/92. Attorneys' fees awarded to plaintiffs for legal work. (see order for more details) ( Date Entered: 12/18/91) (cc: all counsel) (ab, COURT STAFF) (Entered: 12/18/1991)

Dec. 17, 1991

Dec. 17, 1991

546

ORDER amending memo, opinion and order filed 12/17/91, deleting the word "misdemeanant" on page 17, line 23. ( Date Entered: 12/19/91) (cc: all counsel) (ab, COURT STAFF) (Entered: 12/19/1991)

Dec. 18, 1991

Dec. 18, 1991

547

APPLICATION for an order shortening time for hearing on motion for stay or alternatively for reconsideration by defendants (mcl, COURT STAFF) (Entered: 12/27/1991)

Dec. 26, 1991

Dec. 26, 1991

548

ORDER by Senior Judge William H. Orrick granting application [547-1] ( Date Entered: 12/27/91) (cc: all counsel) (mcl, COURT STAFF) (Entered: 12/27/1991)

Dec. 26, 1991

Dec. 26, 1991

549

MOTION by defendant to stay , or in the alternative for reconsideration with Notice set for 12/30/91 at 2:00 pm (mcl, COURT STAFF) (Entered: 12/27/1991)

Dec. 26, 1991

Dec. 26, 1991

550

MEMORANDUM by defendants in support of motion to stay [549-1], of motion for reconsideration [549-2] (mcl, COURT STAFF) (Entered: 12/27/1991)

Dec. 26, 1991

Dec. 26, 1991

551

DECLARATION by Dennis Aftergut on behalf of defendant re motion to stay [549-1], re motion for reconsideration [549-2] (mcl, COURT STAFF) (Entered: 12/27/1991)

Dec. 26, 1991

Dec. 26, 1991

552

DECLARATION by Deborah Brady on behalf of defendant re motion to stay [549-1], re motion for reconsideration [549-2] (mcl, COURT STAFF) (Entered: 12/27/1991)

Dec. 26, 1991

Dec. 26, 1991

553

DECLARATION by Anni Chung on behalf of defendant re motion to stay [549-1], re motion for reconsideration [549-2] (mcl, COURT STAFF) (Entered: 12/27/1991)

Dec. 26, 1991

Dec. 26, 1991

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: Dec. 1, 1978

Closing Date: 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Detainees in San Francisco's jail on the sixth floor of the Hall of Justice challenging the conditions of their confinement, mainly the population

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of San Francisco (San Francisco, San Francisco), County

City of San Francisco (San Francisco), City

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1982 - 1996

Issues

Crowding:

Crowding / caseload