Case: Vanke v. Block

2:98-cv-04111 | U.S. District Court for the Central District of California

Filed Date: July 1, 1998

Closed Date: 2004

Clearinghouse coding complete

Case Summary

On July 1, 1998, pretrial detainees filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Central District of California against the Los Angeles County Sheriff and the County of Los Angeles claiming that the county maintained an unconstitutional policy of holding pretrial detainees who were eligible for release in order to check for warrants, wants, and holds. The court (Judge Dean D. Pregerson) certified the class and granted the plaintiffs' motion for preliminary injuncti…

On July 1, 1998, pretrial detainees filed a lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the Central District of California against the Los Angeles County Sheriff and the County of Los Angeles claiming that the county maintained an unconstitutional policy of holding pretrial detainees who were eligible for release in order to check for warrants, wants, and holds. The court (Judge Dean D. Pregerson) certified the class and granted the plaintiffs' motion for preliminary injunction, finding that the county was not carrying out court-ordered releases of detainees for up to thirty-six hours in order to update their database reflecting holds and wants. Vanke v. Block, No. 98-4111, 1998 U.S. Dist. LEXIS 23488 (C.D. Cal. Nov. 5, 1998). The court found that this practice violated the plaintiffs' Fourth Amendment guarantee against unreasonable seizure. The defendants were enjoined from holding individuals who had been acquitted of charges beyond the period of time necessary to perform the administrative functions required for release. On April 26, 2001, the court denied the plaintiffs' motion to make the injunction permanent because there had not yet been a judgment on the merits. The plaintiffs moved for summary judgment and a permanent injunction. Defendants moved for summary judgment, arguing that the action was moot because of its compliance with the preliminary injunction. On February 26, 2002, the court (Judge Pregerson) granted defendants' motion and the action was dismissed as moot. The sheriff had adopted a new policy for processing court-ordered releases, which complied with the terms of the preliminary injunction and went even further in promoting the prompt release of detainees.

The plaintiffs moved for attorney's fees, which were granted by the district court (Judge Pregerson). Vanke v. Block, No. 98-4111, 2002 WL 1836305 (C.D. Cal. Aug. 8, 2002). Defendants appealed. The Court of Appeals for the Ninth Circuit (Judges Andrew Kleinfeld, Kim Wardlaw, and William Fletcher) held that the Prison Litigation Reform Act (PLRA) precluded attorney's fees. Vanke v. Block, 77 Fed.Appx. 948, 2003 WL 22331964 (9th Cir. Oct. 9, 2003). The court held that the PLRA requires that a prisoner prove an actual violation of rights to be entitled to fees. Because the case became moot before plaintiffs could prove a violation, they were not entitled to fees. On February 23, 2004, the Supreme Court denied certiorari. Vanke v. Baca, 540 U.S. 1181 (2004).

Summary Authors

Angela Heverling (2/13/2006)

People


Judge(s)

Fletcher, William A. (California)

Kleinfeld, Andrew Jay (Alaska)

Pregerson, Dean D. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Bloomfield, Kathryn S. (California)

Millard, Richard H. (California)

Reichmann, Joseph (California)

Yagman, Marion R. (California)

Attorneys(s) for Defendant

Allen, Michael D. (California)

Lawrence, David D. (California)

Judge(s)

Fletcher, William A. (California)

Kleinfeld, Andrew Jay (Alaska)

Pregerson, Dean D. (California)

Wardlaw, Kim McLane (California)

Attorneys(s) for Plaintiff

Bloomfield, Kathryn S. (California)

Millard, Richard H. (California)

Reichmann, Joseph (California)

Yagman, Marion R. (California)

Attorneys(s) for Defendant

Allen, Michael D. (California)

Lawrence, David D. (California)

MacLatchie, Scott D. (California)

Miller, Louis R. (California)

Riley, Sean (California)

Warren, Jeremy B. (California)

Documents in the Clearinghouse

Document

2:98-cv-04111

Docket (PACER)

Dec. 28, 2004

Dec. 28, 2004

Docket

2:98-cv-04111

Order [on motion for a preliminary injunction]

1998 U.S.Dist.LEXIS 23488

Nov. 5, 1988

Nov. 5, 1988

Order/Opinion
58

2:98-cv-04111

Order Denying Plaintiffs' Motion to Convert Preliminary Injunction into Permanent Injunction; Motions for Finding of Violation of Preliminary Injunction and for Contempt of Court for Violation of Injunction (4 Motions); and Motion to Establish Pro...

April 26, 2001

April 26, 2001

Order/Opinion
114

2:98-cv-04111

Order Granting Plaintiffs' Award of Attorneys' Fees Pursuant to 42 U.S.C. 1988

2002 WL 1836305, 2002 U.S.Dist.LEXIS 26415

Aug. 8, 2002

Aug. 8, 2002

Order/Opinion

02-55600

02-56472

Memorandum

U. S. Court of Appeals for the Ninth Circuit

77 Fed.Appx. 948, 2003 WL 22331964

Oct. 9, 2003

Oct. 9, 2003

Order/Opinion

03-00857

Memorandum Decision

Vanke v. Baca

Supreme Court of the United States

540 U.S. 1181, 124 S.Ct. 1418, 158 L.Ed.2d 83

Feb. 23, 2004

Feb. 23, 2004

Order/Opinion

Resources

Docket

Last updated July 21, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed Summons(es) issd referred to Discovery Stephen J. Hillman; Jury demand (jp) (Entered: 05/29/1998)

May 26, 1998

May 26, 1998

2

NOTICE by plaintiff R Vanke of related case(s) CV97-1705 WJR (Ex) (jc) (Entered: 05/29/1998)

May 26, 1998

May 26, 1998

3

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for preliminary injunction ; motion hearing set for 10:00 6/15/98 (twdb) (Entered: 06/01/1998)

May 26, 1998

May 26, 1998

4

NOTICE OF MOTION AND MOTION by plaintiff R Vanke to certify class action ; motion hearing set for 10:00 6/15/98 (twdb) (Entered: 06/01/1998)

May 26, 1998

May 26, 1998

6

Standing ORDER by Judge Dean D. Pregerson (twdb) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

5

ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. [ Related Case no.: CV97-1705 WJR (Ex)] Transfer of case declined for the reasons set forth on order by Judge William J. Rea . (cc: all counsel) (jc) (Entered: 06/08/1998)

June 8, 1998

June 8, 1998

7

Proof of service of S/C executed upon defendant Sherman Block on 6/3/98 personally (twdb) (Entered: 06/10/1998)

June 8, 1998

June 8, 1998

13

EX PARTE APPLICATION filed by dfts Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum for an ord continuing the hearing date of plfs mot for a P/I , and for class certification to 6/29/98; Lodged Prop Ord (ak) (Entered: 06/17/1998)

June 8, 1998

June 8, 1998

8

NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson that Stmt of failure of dft to file opp rcd 6/8/98 is NOT to be filed but instead rejcted & Ord returned to cnsl. (twdb) (Entered: 06/11/1998)

June 9, 1998

June 9, 1998

9

OBJECTIONS by defendant Sherman Block to motion to certify class action [4-1], motion for preliminary injunction [3-1] and req to strike said mtns; Mem of P&A in suppt; Decl of David D Lawrence (el) (Entered: 06/15/1998)

June 11, 1998

June 11, 1998

10

JOINDER by dfts Cnty of Los Angeles Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum joining dft Sherman Block's motion opposition [9-1] (el) (Entered: 06/15/1998)

June 11, 1998

June 11, 1998

11

OPPOSITION by plaintiff R Vanke to Cnth Supervisor dfts' ex parte appl to cont hrg date on plf's mtns for class cert & P/I frm 6/15 - 6/29/98 (el) (Entered: 06/16/1998)

June 11, 1998

June 11, 1998

12

ORDER by Judge Dean D. Pregerson resetting hearing on motion to certify class action [4-1] 6/29/98, resetting hearing on motion for preliminary injunction [3-1] 6/29/98; all of the briefing ddlines for flg & svc of opp & reply papers concerning these mtns are also contd in accord w/ LR 7.8 (el) (Entered: 06/16/1998)

June 11, 1998

June 11, 1998

16

OPPOSITION by defendants to plfs motion for preliminary injunction [14-1] (twdb) (Entered: 06/18/1998)

June 15, 1998

June 15, 1998

17

OPPOSITION by defendants to plfs motion for class certification [15-1] (twdb) (Entered: 06/18/1998)

June 15, 1998

June 15, 1998

15

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for class certification ; motion hearing set for 10:00 7/13/98 (twdb) (Entered: 06/18/1998)

June 16, 1998

June 16, 1998

18

NOTICE OF MOTION AND MOTION by Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum to dismiss ; motion hearing set for 10:00 7/13/98 (el) (Entered: 06/19/1998)

June 18, 1998

June 18, 1998

18

REQUEST by dfts Zev Yaroslavsky, Yvonne NMI Burke, Donald Knabe, Gloria Molina, Michael Antonovich, Deane Dana, Peter Schabarum for judicial notice re motion to dismiss [18-1] (el) (Entered: 06/19/1998)

June 18, 1998

June 18, 1998

20

ORDER by Judge Dean D. Pregerson removing motions [4-1], [3-1], [15- 1], [14-1] frm calendar for failure to comply w/ LR 7.4.1., to provide ti for a pre-flg conf of cnsl bfr the crt reaches the merits of the mtns; the crt SUA SPONTE shortens ti for compliance w/LR 7.4.1.; pre-flg conf of cnsl shl be held NLT 6/26/98; if these mtns are still necess after conf, the plf shl re-ntc the mtns for P/I & class cert NLT 6/29/98; dft Block's opp to the plf's ntbs shl be fld & srvd NLT 7/6/98; the opp of the Cnty Suprvsr dfts shl be deemed to apply to the re-ntcd mtns; plf's reply if any shl be fld/srvd NLT 7/13/98; the opp to the Cnty Supvsr dfts' mtns & replies if any shl be fld in complaince w/ LRs 7.6 & 7.7; the mtns will be hrd 7/20/98 @10:00 a.m. (see doc for fur details) (el) (Entered: 06/26/1998)

June 18, 1998

June 18, 1998

19

STIPULATION filed by dft Sherman Block to ext time for dft to resp to complaint [1-1] (twdb) (Entered: 06/25/1998)

June 24, 1998

June 24, 1998

21

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for preliminary injunction ; motion hearing set for 10:00 7/20/98 (twdb) (Entered: 06/30/1998)

June 26, 1998

June 26, 1998

22

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for class certification ; motion hearing set for 10:00 7/20/98 (twdb) (Entered: 06/30/1998)

June 26, 1998

June 26, 1998

23

VERIFIED FIRST AMENDED COMPLAINT [1-1] by plaintiff R Vanke; jury demand. Summons not issd (el) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

24

STIPULATION and ORDER by Judge Dean D. Pregerson dismissing w/o prej actn as to some dfts: terminating party Zev Yaroslavsky, party Yvonne NMI Burke, party Donald Knabe, party Gloria Molina, party Michael Antonovich, party Deane Dana, party Peter Schabarum (ENT 7/02/98), mld cpys & ntc (el) (Entered: 07/02/1998)

July 1, 1998

July 1, 1998

26

Ntc of JOINDER by plaintiff R Vanke joining motion for class certification [22-1], motion for preliminary injunction [21-1] (twdb) (Entered: 07/08/1998)

July 1, 1998

July 1, 1998

25

NOTICE OF MOTION AND MOTION by defendant Sherman Block to dismiss cmp ; motion hearing set for 10:00 8/10/98 (twdb) (Entered: 07/08/1998)

July 2, 1998

July 2, 1998

27

OPPOSITION by defendant Sherman Block to motion for preliminary injunction [21-1] (twdb) (Entered: 07/08/1998)

July 6, 1998

July 6, 1998

28

OPPOSITION by defendant Sherman Block to motion for class certification [22-1] (twdb) (Entered: 07/08/1998)

July 6, 1998

July 6, 1998

29

NOTICE OF MOTION AND MOTION by defendant Sherman Block to dismiss 1st A/C ; motion hearing set for 10:00 8/10/98; Mem of PA in suppt (el) (Entered: 07/14/1998)

July 10, 1998

July 10, 1998

30

REPLY by plaintiff R Vanke on their motion for preliminary injunction [21-1] (twdb) (Entered: 07/15/1998)

July 13, 1998

July 13, 1998

31

REPLY by plaintiff R Vanke on their motion for class certification [22-1] (twdb) (Entered: 07/15/1998)

July 13, 1998

July 13, 1998

126

MINUTES: Plfs motion for class certification [22-1] is motion for preliminary injunction [21-1] is under submission by Judge Dean D. Pregerson CR: John Turman (pj) Modified on 10/16/2002 (Entered: 10/15/2002)

July 20, 1998

July 20, 1998

32

Plaintiffs' Rule 28(J) Analog (el) (Entered: 07/23/1998)

July 21, 1998

July 21, 1998

33

OBJECTIONS AND OPPOSITION by plaintiff R Vanke to [29-1] deft Block's (2nd) mot to dism 1st A/C. (et) (Entered: 07/29/1998)

July 27, 1998

July 27, 1998

34

OBJECTION by defendant Sherman Block to plf's submission of Rule 28 (j) Analog Statement [32-1] (dhl) (Entered: 07/31/1998)

July 29, 1998

July 29, 1998

35

REPLY by defendant Sherman Block to opp to motion to dismiss 1st A/C [29-1] (twdb) (Entered: 08/04/1998)

Aug. 3, 1998

Aug. 3, 1998

36

MINUTES: that the motion to dismiss cmp [25-1] is submitted by Judge Dean D. Pregerson CR: John Turman (twdb) (Entered: 08/11/1998)

Aug. 10, 1998

Aug. 10, 1998

37

Partial ANSWER filed by defendant Sherman Block to first amended complaint [23-1]; jury demand (twdb) (Entered: 08/20/1998)

Aug. 19, 1998

Aug. 19, 1998

38

NOTICE of suspensiion frm practice of Stephen Yagman for one year commencing 30 days frm 9/16/98, Marion Yagman and Yagman and Yagman still rep plf by plaintiff R Vanke (lc) (Entered: 10/19/1998)

Oct. 16, 1998

Oct. 16, 1998

39

ORDER by Judge Dean D. Pregerson granting motion for class certification [22-1], granting motion for preliminary injunction [21-1] it is Ord that dfts & their offcrs, etc are enjoined during the pendency of this actn frm holding indivs who have been acquitted of the charges etc (see doc for details) this injunc is STAYED for 60 days after the flg date of this order; GRANT in part as to the ss 1983 clm based on the stlmnt procedures, DENY in part as to ss 1983 clm based on over-detention re motion to dismiss 1st A/C [29-1]; any amended cmpt reasserting this dismissed clm must be fld w/in 20 days of the flg date of this order. (el) (Entered: 11/13/1998)

Nov. 7, 1998

Nov. 7, 1998

40

NOTICE OF DISCREPANCY AND ORDER by Judge Dean D. Pregerson that the letter rcvd on 11/17/98 is Not to be fld, but instead Rejected and is Ordered retnd ocnsl (el) (Entered: 11/20/1998)

Nov. 18, 1998

Nov. 18, 1998

41

REQUEST by plaintiff for publication of 11/7/98 Order (el) (Entered: 11/25/1998)

Nov. 24, 1998

Nov. 24, 1998

42

NOTICE thatdft Sherman Block is deceased as of 10/29/98 by atty for defendant Sherman Block (el) (Entered: 02/17/1999)

Feb. 12, 1999

Feb. 12, 1999

43

NOTICE OF MOTION AND MOTION by plaintiff R Vanke to establish procedure to monitor compliance with injunction ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/02/2001)

March 29, 2001

March 29, 2001

44

NOTICE OF MOTION AND MOTION by plaintiff fo preliminary injunction permanent injunction ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/02/2001)

March 29, 2001

March 29, 2001

45

NOTICE OF MOTION AND MOTION by plaintiff for a findings of violation of the prelim inj & for contempt of crt for violation of injunction (R.D. Mortimer) ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/03/2001)

March 29, 2001

March 29, 2001

46

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for a findings of violation of the prelim inj & for contempt of crt for violation of inj Anthony Hart ; motion hearing set for 4/23/01 (pj) (Entered: 04/03/2001)

March 29, 2001

March 29, 2001

47

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for findings of violcation of the prelim inj & for contempt of crt for violation of injunction R. Berry ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/03/2001)

March 29, 2001

March 29, 2001

48

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for a findings of violation of the prelim inj & for contempt of crt for violation of inj W Bell ; motion hearing set for 10:00 4/23/01 (pj) (Entered: 04/03/2001)

March 29, 2001

March 29, 2001

49

NOTICE by plaintiff R Vanke of related case(s) CV 00-13002 ABC (rn) (Entered: 04/05/2001)

March 29, 2001

March 29, 2001

50

FURTHER INFORMATION CONCERNING REASONS IDENTIFIED ACTNS should be assigned to the same judicial officer as the instant actn by plaintiff's (jp) (Entered: 04/05/2001)

April 3, 2001

April 3, 2001

51

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to plfs Class Action motion to make preliminary injunction permanent injunction [44- 1] (pj) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

52

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs' class actn motion to establish procedure to monitor compliance with injunction [43-1] (pj) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

53

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs Class Actn motion for a findings of violation of the prelim inj & for contempt of crt for violation of inj W Bell [48-1] (pj) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

54

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs Class Action motion for a findings of violation of the prelim inj & for contempt of crt for violation of injunction (R.D. Mortimer) [45-1] (pj) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

55

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs' Class Action motion for a findings of violation of the prelim inj & for contempt of crt for violation of inj Anthony Hart [46-1] (pj) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

56

MEMO OF P&A IN OPPOSITION by defendant Lee Baca to Plfs' Class Action motion for findings of violcation of the prelim inj & for contempt of crt for violation of injunction R. Berry [47-1] (pj) (Entered: 04/11/2001)

April 9, 2001

April 9, 2001

59

MINUTES: Proceedings: Crt hears oral argument on Plfs' motions filed on 3/29/01 and takes the matter under submission by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (el) (Entered: 05/04/2001)

April 23, 2001

April 23, 2001

57

ORDER by Judge Dean D. Pregerson setting scheduling conference mandatory status conference set on 1:30 6/11/01 ; ptys are reminded of their obligtions to disclose info & confer on a discov plan NLT 21 days prior to the sched conf & file report (el) (Entered: 04/24/2001)

April 24, 2001

April 24, 2001

58

ORDER by Judge Dean D. Pregerson DENYING Plfs' mot to convert prelim inj into perm inj, finding of violation of prelim inj & for contempt of crt for violation of inj (4 mtns) & mot to establish procedure to monitor compliance with injunction [44-1], [43-1], [48-1], [47-1], [46-1], [45-1] (send) (pj) (Entered: 04/27/2001)

April 26, 2001

April 26, 2001

60

MINUTES: by Judge Dean D. Pregerson ; mandatory status conference cont on 1:30 6/18/01 CR: None Present (SEND) (yc) (Entered: 05/16/2001)

May 15, 2001

May 15, 2001

61

MINUTES: ORDER (In chambers) that consl notified tht on Crt's own mot the scheduling conf, the mandatory status conference is cont from 6/18/01 to 1:30 7/9/01 by Judge Dean D. Pregerson CR: None Present (Send) (el) (Entered: 05/25/2001)

May 23, 2001

May 23, 2001

62

NOTICE OF PLFS CNSL UNAVAILABILITY TO ATTEND HEARING ON 7/9/01 & REQ THAT HRG BE HELD ON SOME OTHER DATE by defendant Los Angeles County, plaintiff R Vanke (pj) (Entered: 06/04/2001)

May 31, 2001

May 31, 2001

63

MINUTES: Scheduling conf is hereby continued for 2:30 7/13/01 by Judge Dean D. Pregerson CR: None Present (send) (pj) (Entered: 06/14/2001)

June 14, 2001

June 14, 2001

65

OBJECTIONS filed by dft Sheriff Lee Baca to plfs ntc of deposition of Sheriff Lee Baca (pj) (Entered: 06/22/2001)

June 20, 2001

June 20, 2001

66

EXHIBITS IN SUPPT by defendant Lee Baca to dfts exparte appl to stay deposition of Sheriff Lee Baca pending resolution the mot for protective order [64-1] (pj) (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

67

RESPONSE by plaintiff R Vanke to exparte appl to stay deposition of Sheriff Lee Baca pending resolution of the for protective order [64-1] (pj) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

68

ORDER by Discovery Stephen J. Hillman granting exparte appl to stay deposition of Sheriff Lee Baca pending resolution of the mot for protective order [64-1]. The 6/27/01 deposition is taken off calendar (pj) (Entered: 06/25/2001)

June 22, 2001

June 22, 2001

69

RESPONSE by plaintiff R Vanke to Dfts lastest Ex Parte appl for protective order to prevent plf from deposing material witnesses who are parties (pj) (Entered: 07/02/2001)

June 29, 2001

June 29, 2001

70

JOINT SCHEDULING CONF REPORT filed purs to Rule 26(f). Estimated length of trial 3-4 days; Decl of Jeremy B. Warren re Plf's non- compliance (ir) (Entered: 07/09/2001)

July 3, 2001

July 3, 2001

72

MINUTES: Scheduling conference held; Crt sets trial dates by Judge Dean D. Pregerson CR: None Present (pj) (Entered: 07/24/2001)

July 13, 2001

July 13, 2001

71

SCHEDULING ORDER by Judge Dean D. Pregerson discovery ddl set on 12/31/01; Last day to file motions 2/28/02; pretrial conference on 4:00 3/18/02;trial set on 9:00 3/26/02 (send) (pj) (Entered: 07/20/2001)

July 19, 2001

July 19, 2001

73

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for summary judgment , for permanent injunction ; motion hearing set for 10:00 9/10/01 Lodged order (pj) (seal) Modified on 08/17/2001 (Entered: 08/17/2001)

Aug. 16, 2001

Aug. 16, 2001

74

MEMO OF P&A IN OPPOSITION by defendant Sheriff Lee Baca to motion for summary judgment [73-1], motion for permanent injunction [73-2] (pj) (Entered: 08/29/2001)

Aug. 27, 2001

Aug. 27, 2001

75

NOTICE OF MOTION AND MOTION by plaintiff R Vanke for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation ; motion hearing set for 10:00 9/24/01 Lodged (pj) (Entered: 09/06/2001)

Sept. 4, 2001

Sept. 4, 2001

76

SUPPL BUT TIME REPLY ON HIS by plaintiff R Vanke to motion for summary judgment [73-1] (pj) (Entered: 09/06/2001)

Sept. 4, 2001

Sept. 4, 2001

77

REPLY by plaintiff R Vanke on his motion for summary judgment [73- 1], motion for permanent injunction [73-2] (pj) (Entered: 09/06/2001)

Sept. 4, 2001

Sept. 4, 2001

78

MINUTES: Motion for summary judgment [73-1] & permanent injunction [73-2] is cont from 9/10/01 to 10:00 9/24/01 by Judge Dean D. Pregerson CR: None Present (send) (pj) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

79

NTC THAT NO SEPARATE STMT OF UNCONTROVERTED FACTS & CONCLUSIONS OF LAW HAS BEEN SERVED IN SUPPORT OT PLFS CLASS ACTION defendant Lee Baca to motion for summary judgment [73-1], motion for permanent injunction [73-2] (pj) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

80

OBJECTION TO PLFS UNSIGNED REPLY AND SUPPL REPLY PAPERS by defendant Lee Baca to [73-1], [73-2] (pj) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

81

EVIDENTIARY OBJECTIONS TO PLFS SUPPL BUT TIMELY REPLY by defendant Lee Baca to his motion for summary judgment [73- 1], motion for permanent injunction [73-2] (pj) (Entered: 09/10/2001)

Sept. 7, 2001

Sept. 7, 2001

82

OPPOSITION AND REQ TO STRIKE by defendant Lee Baca motion for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1]; REQUEST FOR SANCTIONS (pj) (Entered: 09/14/2001)

Sept. 10, 2001

Sept. 10, 2001

83

REPLY by plaintiff R Vanke on their motion for iposition of sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1] (el) (Entered: 09/20/2001)

Sept. 18, 2001

Sept. 18, 2001

84

ORDER by Judge Dean D. Pregerson The dfts have not fld properly a noticed mot for such relief. The Crt orders that dfts file cross-mot for summary jgm. The Crt hearing & briefing is as follows: The Crt will hear oral argument on Vanke cross-motions for summary jgm on [75-1][73-1] [73-2] 10:00 11/5/01. The Dfts' cross motion for summary jgm must be fld & served on or before 10/15/01, with the plfs opp fld & served on or before 10/22/01, & the dfts reply fld & served on or before 10/29/01. The Crt orders that all motions currently on calendar with the crt in the following related matters is cont to 11/5/01 (P Send) (pj) (Entered: 09/24/2001)

Sept. 21, 2001

Sept. 21, 2001

85

RESPONSE by plaintiff re order entered on 9/24/01 [84-1] (pj) (Entered: 10/02/2001)

Sept. 28, 2001

Sept. 28, 2001

86

ORDER: ADDITIONAL BRIEFING FROM DFTS: The dfts suppl briefing must be fld & served on or before 10/15/01 by Judge Dean D. Pregerson, (p send) (pj) (Entered: 10/03/2001)

Oct. 2, 2001

Oct. 2, 2001

87

CROSS MOTION by defendant Sheriff Lee Baca for summary judgment ; motion hearing set for 10:00 11/5/01 Lodged order(pj) Modified on 10/16/2001 (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

87

AND SUPPLEMENTAL BRIEFING IN RESP TO CRT'S INQUIRIES by defendant Lee Baca (pj) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

88

NOTICE OF MOTION AND MOTION by defendant Lee Baca to impose rule 11 sanctions ; motion hearing set for 10:00 11/5/01 (pj) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

89

DECLARATION of JEFREMY B WARREN & EXHIBITS SUBMITTED IN SUPPORT by defendant Lee Baca cross motion for summary judgment [87-1] (pj) (Entered: 10/16/2001)

Oct. 15, 2001

Oct. 15, 2001

90

OPPOSITION by plaintiff R Vanke to motion to impose rule 11 sanctions [88-1] (pj) (Entered: 10/19/2001)

Oct. 18, 2001

Oct. 18, 2001

91

STATEMENT GENUINE ISSUES in opp by plaintiff R Vanke re dfts' cross-motion for summary judgment [87-1] (el) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

92

CLASS ACTION OPPOSITION by plaintiff R Vanke to dfts' cross- motion for summary judgment [87-1]; Rule 56(F) Decl and showing (el) (Entered: 10/23/2001)

Oct. 22, 2001

Oct. 22, 2001

93

MINUTES: Motion for summary judgment [73-1] & permanent injunction [73-2] motion for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1] motion for summary judgment [87-1]o SHALL BE HEARD ON THE ORIGINAL DATE AT THE NEW TIME 11:00 11/5/01 by Judge Dean D. Pregerson CR: None Present (pj) (Entered: 10/30/2001)

Oct. 29, 2001

Oct. 29, 2001

94

REPLY by defendant Lee Baca to plfs opp to motion to impose rule 11 sanctions [88-1] (pj) (Entered: 10/30/2001)

Oct. 29, 2001

Oct. 29, 2001

95

OBJECTIONS TO PLFS SEPARATE STMT OF GENUINE FACTS IN OPP by defendant Lee Baca to cross motion for summary judgment [87- 1] (pj) (Entered: 10/31/2001)

Oct. 29, 2001

Oct. 29, 2001

96

REPLY TO PLFS OPP TO by defendant Lee Baca cross motion for summary judgment [87-1] (pj) (Entered: 10/31/2001)

Oct. 29, 2001

Oct. 29, 2001

97

MINUTES: Crt hears oral argument & takes the matter UNDER SUBMISSION; motion for summary judgment [73-1] & for permanent injunction [73-2], motion for sanctions against defense cnsl David Lawrence & his law firm, Franscell, Strickland, Roberts & Lawrence for violation [75-1], motion to impose rule 11 sanctions [88-1], motion for summary judgment [87-1] by Judge Dean D. Pregerson CR: Beth Esther Zaccaro (pj) (Entered: 11/06/2001)

Nov. 5, 2001

Nov. 5, 2001

98

ORDER by Judge Dean D. Pregerson granting motion for summary judgment [87-1], the preliminary injuction is thereby moot; The crt denies the plfs motion for summary judgment [73-1]and a premanent injunction [73-2] P SND (ENTER 11/9/01) (yc) (Entered: 11/09/2001)

Nov. 8, 2001

Nov. 8, 2001

99

OBJECTIONS to dfts' proposed judgment filed by plaintiff R Vanke (el) (Entered: 11/21/2001)

Nov. 20, 2001

Nov. 20, 2001

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Key Dates

Filing Date: July 1, 1998

Closing Date: 2004

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Persons who (1) are charged with crimes, (2) held in County custody, (3) whose charges are dismissed, and (4) who at that moment have an immediate and unconditional right to be released from custody

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

LA County Sheriff's Dept. (Los Angeles), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1998 - 2002

Content of Injunction:

Preliminary relief granted

Issues

General:

Over/Unlawful Detention

Type of Facility:

Government-run