Case: Dunsmore v. State of California

3:20-cv-00406 | U.S. District Court for the Southern District of California

Filed Date: March 2, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

This putative class action lawsuit alleges that county jail detainees were denied proper health accommodations at the San Diego county jail. On March 2, 2020, a jail detainee filed this lawsuit in the U.S. District Court for the Southern District of California. The plaintiff sued the State of California, San Diego County, the San Diego Sheriff's Department, the San Diego Department of Corrections, individuals, and the attorney general. Proceeding pro se, the plaintiff sought compensatory and pu…

This putative class action lawsuit alleges that county jail detainees were denied proper health accommodations at the San Diego county jail. On March 2, 2020, a jail detainee filed this lawsuit in the U.S. District Court for the Southern District of California. The plaintiff sued the State of California, San Diego County, the San Diego Sheriff's Department, the San Diego Department of Corrections, individuals, and the attorney general. Proceeding pro se, the plaintiff sought compensatory and punitive damages as well as an injunction requiring meaningful access to legal resources in the county jail and related Americans with Disabilities Act (ADA) compliance. The case was assigned to Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo.

The court dismissed the complaint for failure to state a claim on April 6, 2020. On July 23, 2020, the plaintiff filed an amended complaint, a motion for counsel, a motion for a temporary restraining order, and a preliminary injunction for access to the court and ADA access. On August 4, 2020, the court dismissed the plaintiff’s first amended complaint with leave to amend for failure to state a claim, dismissed the motion for counsel because it was a civil case, and dismissed the motions for a temporary restraining order and a preliminary injunction for failure to state any plausible claim upon which § 1983 relief could be granted and because the court lacked personal jurisdiction over any of the defendants that the plaintiff sought to enjoin. 

Following the district court’s dismissal of Plaintiff’s amended complaint, Plaintiff undertook efforts to get the complaint before the court again over the course of several months. Plaintiff appealed the dismissal of the amended complaint on September 8, 2020. On September 21, 2020, U.S. Court of Appeals for the Ninth Circuit dismissed the appeal due to lack of jurisdiction because the district court’s dismissal with leave to amend was not final or appealable. On October 1, 2020, the plaintiff filed a writ of mandamus with the Ninth Circuit which, on October 13, 2020, denied the writ of mandamus because he had not demonstrated that the case warranted such intervention. On October 6, 2020, the plaintiff filed a motion for a final order in the district court. On October 14, 2020, the district court construed the motion for a final order as a voluntary dismissal, which the court granted. On October 26, 2020, the plaintiff appealed the voluntary dismissal order. On July 29, 2021, the Ninth Circuit reversed the voluntary dismissal and remanded to the district court, reasoning that the allegations in the complaint were sufficient to warrant ordering defendants to file an answer.  On November 3, 2021, San Diego Sheriff Bill Gore and San Diego County filed a motion to dismiss for failure to state a claim.

Two private firms and the ACLU of San Diego filed appearances on behalf of the plaintiff in December 2021. On February 9, 2022, in a counseled second amended complaint, other detainees were added as plaintiffs to the suit, which now brought claims against the San Diego County’s sheriff’s office, the City of San Diego, Correctional Healthcare Partners, Tricity Medical Center, Liberty Healthcare, Mid-America Health, a doctor, San Diego County Probation Department, and DOES 1 to 20 under the 6th, 8th, and 14th Amendments, the ADA, and state law. The amended complaint alleged preventable deaths caused by suicide, overdoses, homicide, and medical neglect; chronic and dangerous understaffing of medical professionals; unsanitary living conditions; failure to track disabilities of those coming into the jail and to accommodate disabilities as required; denial of access to counsel; and race discrimination, among other claims of unlawful conditions. Plaintiffs alleged that defendants’ failure to provide minimally adequate mental healthcare constituted deliberate indifference. Plaintiffs sought injunctive and declaratory relief, including requiring the defendants to develop and implement, as soon as practical, a plan to eliminate the substantial risk of harm, discrimination, and statutory violations. Plaintiffs sought to represent a class of  all adults who are now, or will be in the future, incarcerated in any of the San Diego County Jail facilities, and a subclass of all such persons who meet the definition of “qualified individuals with a disability.”  

Plaintiffs voluntarily dismissed Tricity Medical Center and Mid-America Health on February 22 and July 7, 2022, respectively. On March 4, 2022, the doctor who worked at the jail filed a motion to dismiss.On May 2, 2022, the plaintiffs filed a motion for a preliminary injunction seeking an order requiring the County to draft a proposed plan to address and correct the alleged constitutional and statutory violations, and for provisional class certification. On May 3, 2022, Liberty Healthcare filed a motion to dismiss the second amended complaint. On May 9, 2020, the County of San Diego and Correctional Healthcare partners filed a motion to dismiss the second amended complaint. 

The court denied Plaintiffs’ motions for a preliminary injunction and provisional class certification on August 15, 2022. Addressing Defendants’ argument that Plaintiffs’ claims were moot for lack of standing, the court found that the fact that Plaintiffs were no longer incarcerated did not render their claims moot because their claims fell within the capable-of-repetition-yet-evading review branch of the mootness doctrine. The court also agreed that, after filing multiple unanswered grievance reports, Plaintiffs exhausted their administrative remedies under the Prison Litigation Reform Act (PRLA). The court, however, denied the motion for a preliminary injunction on the basis that Plaintiffs failed to demonstrate likelihood of success on the merits by failing to meet their burden of specifying on which claims they sought an injunction and how they were likely to succeed by analyzing the elements of each claim. In addition, the court found that Plaintiffs failed to plead an injury and that the requested relief was overly broad. 

Shortly thereafter on September 8, 2022, Plaintiffs filed a motion for expedited discovery. Defendants filed a brief in opposition to the motion on September 14, 2022, arguing that Plaintiffs’ 200+ page second amended complaint was unwieldy and that they lacked good cause for expedited discovery. 

Plaintiffs’ case suffered another setback on September 27, 2022, when the court granted Defendants' motion to dismiss Plaintiffs’ second amended complaint and directed Plaintiffs to file a more specific complaint designating the specific facts underlying each claim. Plaintiffs’ Eighth Amendment claim was dismissed without leave to amend, with the court finding that Plaintiffs did not provide authority for the proposition that the cruel and unusual punishment provision extends to pretrial detainees and that Plaintiffs could had an alternative path to vindicating their rights under the Fourteenth Amendment. Plaintiffs’ claim for violation of the Unruh Civil Rights Act against the County was dismissed with prejudice because a claim under the Unruh Act does not lie against counties. The court gave Plaintiffs until October 28, 2022 to file an amended complaint curing the deficiencies noted by the court. The court denied the September 8 motion for expedited discovery as moot on September 28, 2022.

As of October 18, 2022, this case remains ongoing.

Summary Authors

Michelle Landry (7/12/2022)

Hannah Juge (10/18/2022)

Sophia Acker (11/7/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16922109/parties/dunsmore-v-state-of-california/


Judge(s)

Battaglia, Anthony Joseph (California)

Attorney for Plaintiff

Anderson, Eric D. (California)

Chartoff, Hannah M. (California)

Attorney for Defendant

Bloodworth, Brian T. (California)

Coleman, Susan E (California)

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Documents in the Clearinghouse

Document
1

3:20-cv-00406

Complaint Under the Civil Rights Act

Dunsmore v. State of California, et al

March 2, 2020

March 2, 2020

Complaint
4

3:20-cv-00406

Order on Motion for Leave to Proceed In Forma Pauperis and Dismissing Complaint For Failing to State a Claim Pursuant to 28 U.S.C.

April 6, 2020

April 6, 2020

Order/Opinion
19

3:20-cv-00406

First Amended Complaint

July 23, 2020

July 23, 2020

Complaint
23

3:20-cv-00406

Order

Aug. 4, 2020

Aug. 4, 2020

Order/Opinion
26

3:20-cv-00406

Order

Dunsmore v. State of California, et al.

Sept. 21, 2020

Sept. 21, 2020

Order/Opinion

20-55942

Order

U. S. Court of Appeals for the Ninth Circuit

Sept. 21, 2020

Sept. 21, 2020

Order/Opinion
32

3:20-cv-00406

Order on Motion for Order

Dunsmore v. State of California, et al.

Oct. 14, 2020

Oct. 14, 2020

Order/Opinion
46

3:20-cv-00406

20-55942

USCA Mandate

U. S. Court of Appeals for the Ninth Circuit

Aug. 23, 2021

Aug. 23, 2021

Order/Opinion
80

3:20-cv-00406

Order (1) Granting Plaintiff's Motion To Amend And (2) Denying Defendants' Motion To Dismiss

Dunsmore v. State of California, et al.

Dec. 17, 2021

Dec. 17, 2021

Order/Opinion
81

3:20-cv-00406

Second Amended Civil Class Action Complaint for Declaratory and Injunctive Relief

Dunsmore v. San Diego County Sheriff's Department

Feb. 9, 2022

Feb. 9, 2022

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16922109/dunsmore-v-state-of-california/

Last updated March 7, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT With Jury Demand Against State of California, San Diego County, San Diego Sheriffs Dept., Dept of Corrections, Xavier Beccera, Gore, Attorney General, filed by Darryl Dunsmore. ($400.00 Filing Fee, Fee Not Paid, IFP Not Filed) (Attachments: # 1 Civil Cover Sheet)The new case number is 3:20-cv-406-AJB-WVG. Judge Anthony J. Battaglia and Magistrate Judge William V. Gallo are assigned to the case.[Case in Screening per 28 USC 1915] (jms)(jrd) (Entered: 03/03/2020)

March 2, 2020

March 2, 2020

Clearinghouse
2

ORDER DISMISSING Civil Action for Failing to Prepay Filing Fees Required by 28 U.S.C. § 1914(a) or File a Motion to Proceed In Forma Pauperis. Signed by Judge Anthony J. Battaglia on 3/5/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

RECAP
3

MOTION for Leave to Proceed in forma pauperis by Darryl Dunsmore. (jms) (Entered: 03/24/2020)

March 23, 2020

March 23, 2020

PACER
4

Order: (1) Granting Motion to Proceed in Forma Pauperis (ECF No. 3 ); and (2) Dismissing Complaint for Failing to State a Claim Pursuant to 28 U.S.C. § 1915(e)(2) and 28 U.S.C. § 1915A(b). The Secretary CDCR, or his designee, is ordered to collect from prison trust account the $350 balance of the filing fee owed in this case by collecting monthly payments from the trust account in an amount equal to 20% of the preceding month income credited to the account and forward payments to the Clerk of the Court each time the amount in the account exceeds $10 in accordance with 28 USC 1915(b)(2). (Order electronically transmitted to Secretary of CDCR). Signed by Judge Anthony J. Battaglia on 4/6/2020. (All non-registered users and Watch Commander served via U.S. Mail Service t/w Complaint form)(jrm) Modified docket text on 4/20/2020 (jrm). (Entered: 04/07/2020)

April 6, 2020

April 6, 2020

Clearinghouse
5

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion to Proceed to IFP, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Moot. Duplicate of Motion to Proceed IFP filed 3/23/2020 (ECF No. 3 ) was granted on 4/6/20 (ECF No. 4 ). Complaint was dismissed per 28 USC § 1915(e) & 1915A on 4/6/20. To proceed, Plaintiff must file Amended Complaint within 45 days of 4/6/20 Order. Rejected document was returned to the filer. Signed by the Chambers of Judge Anthony J. Battaglia on 4/14/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Additional attachment(s) added on 4/14/2020: # 1 Rejected Document) (jrm). (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER
6

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for Appointment of Counsel, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed Civ.L. Rule 7.1 or 47.1 - Lacking memorandum of points and authorities in support as a separate document; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation. Signed by the Chambers of Judge Anthony J. Battaglia on 6/8/2020.(jrm) (Additional attachment(s) added on 6/9/2020: # 1 Rejected Document) (jrm). (Entered: 06/09/2020)

June 9, 2020

June 9, 2020

PACER
7

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion for Extension of Time to File First Amended Complaint, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed per Order dated 4/6/2020 (ECF 4). Nunc Pro Tunc 6/19/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 6/22/2020.(All non-registered users served via U.S. Mail Service)(jms) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
8

MOTION for Extension of Time to File to File First Amended Complaint by Darryl Dunsmore. Nunc Pro Tunc 6/19/2020(jms) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER
9

ORDER BY JUDGE BATTAGLIA: GRANTING 8 Motion for Extension of Time to File First Amended Complaint. Plaintiff is granted an additional 45 days from the date of this order in which to file an amended complaint. (All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 06/22/2020)

June 22, 2020

June 22, 2020

PACER

Order on Motion for Extension of Time to File

June 22, 2020

June 22, 2020

PACER
10

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for Intervention, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Civ.L. Rule 7.1 or 47.1 - Lacking memorandum of points and authorities in support as a separate document; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation; Complaint was dismissed per 28 USC § 1915(e) & 1915A on 4/6/20. To proceed, Plaintiff must file Amended Complaint, Rejected document was returned to the filer. Signed by the Chambers of Judge Anthony J. Battaglia on 6/29/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Additional attachment(s) added on 6/29/2020: # 1 Rejected Document) (jrm). (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
11

***Document Stricken per Order 18 ** AMENDED COMPLAINT with Jury Demand against Attorney General, Xavier Beccera, Jackie Burden, Dept of Corrections, John Doe, Michael Garcia, Gore, Newsom, OAC, San Diego County, San Diego Sheriffs Dept., Sipperly, State of California, filed by Darryl Dunsmore. (jms) Modified to Strike on 7/23/2020 (jrm). (Main Document 11 replaced on 7/23/2020) (jrm). (Entered: 07/02/2020)

July 1, 2020

July 1, 2020

PACER
12

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Declaration by Ken Karan and Exhibits, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Filer not a party to the case. Nunc Pro Tunc 7/10/2020. Signed by Judge Anthony J. Battaglia on 7/17/2020.(All non-registered users served via U.S. Mail Service)(dsn) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
13

Declaration by Ken Karan and Exhibits, by Plaintiff Darryl Dunsmore. Nunc pro tunc 7/10/2020. (dsn) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
14

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Declaration, from Plaintiff Darryl Dunsmore. Document to be filed as "Motion to Strike Amended Complaint". Non-compliance with local rule(s), OTHER: S.D. Cal. CivLR 7.1.f.1: Document requests relief from Court but is not in motion format. Nunc Pro Tunc 7/13/2020. Signed by the chambers of Judge Anthony J. Battaglia on 7/17/2020.(All non-registered users served via U.S. Mail Service)(dsn) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
15

Motion to Strike Amended Complaint by Plaintiff Darryl Dunsmore. Nunce pro tunc 7/13/2020. (dsn) Modified text and regenerated notice on 7/17/2020 (dsn). (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
16

ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re 15 MOTION to Strike Document : Responses due by 7/31/2020; Replies due by 8/7/2020; sur-replies will not be accepted.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER
17

ORDER BY JUDGE BATTAGLIA: DOCKETED IN ERROR, Order setting briefing schedule (Doc. No. 16). Briefing schedule vacated.(All non-registered users served via U.S. Mail Service)(no document attached) (sc) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

PACER

Order Setting Briefing Schedule

July 17, 2020

July 17, 2020

PACER

Order AND ~Util - Terminate Motion and R&R Deadlines/Hearings

July 17, 2020

July 17, 2020

PACER
18

ORDER Granting Motion to Strike Amended Complaint (ECF No. 15 ); and (2) Directing the Clerk of Court to File Amended Complaint' Motion for Civil Contempt; Motion to Appoint Counsel; Motion for Temporary Restraining Order and Preliminary Injunction (ECF No. 13 ). Signed by Judge Anthony J. Battaglia on 7/22/2020. (jrm) (Additional attachment(s) added on 7/23/2020: # 1 Stricken Document) (jrm). (Entered: 07/23/2020)

July 22, 2020

July 22, 2020

RECAP
19

FIRST AMENDED COMPLAINT against Xavier Beccera, Jackie Burden, Kevin Faulconer, Michael Garcia, Gore, Craig Leff, Newsom, OAC, San Diego County, State of California, filed by Darryl Dunsmore. (jms) (Main Document 19 replaced on 7/30/2020) (jms). (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

Clearinghouse
20

MOTION for Civil Contempt by Darryl Dunsmore. (jms) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
21

MOTION to Appoint Counsel by Darryl Dunsmore. (jms) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER
22

MOTION for Temporary Restraining Order and Preliminary Injunction by Darryl Dunsmore. (jms) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
23

ORDER: (1) Denying motion for civil contempt, motion to appoint counsel, and motion for temporary restraining order;l and (2) Dismissing First Amended Complaint pursuant to 28 USC 1915(e)(2) and 28 USC 1915A(b). Plaintiff is granted sixty (60) days leave from the date of this Order in which to file an Amended Complaint. (Blank civil rights form mailed to Plaintiff). Signed by Judge Anthony J. Battaglia on 8/04/2020.(All non-registered users served via U.S. Mail Service)(jpp) (dlg). (Entered: 08/04/2020)

Aug. 4, 2020

Aug. 4, 2020

Clearinghouse
24

NOTICE OF APPEAL to the 9th Circuit by Darryl Dunsmore as to 23 Order. IFP Status. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) (Entered: 09/10/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER
25

USCA Case Number 20-55942 for 24 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

PACER
26

ORDER of USCA as to 24 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. A review of the record demonstrates that the USCA lacks jurisdiction over this appeal because the order challenged in the appeal is not final or appealable. Consequently, this appeal is dismissed for lack of jurisdiction. Dismissed. (akr) (Entered: 09/21/2020)

Sept. 21, 2020

Sept. 21, 2020

Clearinghouse
27

USCA Case Number 20-72940 for the Petition for Writ of Mandamus filed by Darryl Dunsmore. (akr) (Entered: 10/01/2020)

Oct. 1, 2020

Oct. 1, 2020

RECAP
28

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Accepting Document: Motion for Final Order, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), Civ. L. Rule 5.1: Missing time and date on motion and/or supporting documentation, Civ. L. Rule 7.1: Lacking memorandum of points and authorities in support as a separate document. Nunc Pro Tunc 10/5/2020. Signed by the Chambers of Judge Anthony J. Battaglia on 10/6/2020.(All non-registered users served via U.S. Mail Service)(jms) (Entered: 10/07/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
29

MOTION for Final Order by Darryl Dunsmore. Nunc Pro Tunc 10/6/2020(jms) (Entered: 10/07/2020)

Oct. 6, 2020

Oct. 6, 2020

PACER
30

ORDER of USCA as to the Petition for Writ of Mandamus filed by Darryl Dunsmore. Petitioner has not demonstrated that this case warrants the intervention of the USCA by means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. No further filings will be accepted in this closed mandamus case. Denied. (akr) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

RECAP
31

MANDATE of USCA dismissing the appeal as to 24 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 10/14/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
32

ORDER Granting Motion for Voluntary Dismissal. Signed by Judge Anthony J. Battaglia on 10/14/2020. (All non-registered users served via U.S. Mail Service)(jrm) (Entered: 10/15/2020)

Oct. 14, 2020

Oct. 14, 2020

Clearinghouse
33

NOTICE OF APPEAL to the 9th Circuit by Darryl Dunsmore as to 32 Order. IFP Status. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) (Entered: 10/27/2020)

Oct. 26, 2020

Oct. 26, 2020

PACER
34

USCA Case Number 20-56135 for 33 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
35

USCA Time Schedule Order as to 33 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
36

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for ADA Access, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed per Order Granting Motion for Voluntary Dismissal dated 10/14/2020 (ECF 14) Civ.L. Rule 7.1 - Lacking memorandum of points and authorities in support; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation, Rejected document was returned to the filer. Signed by Judge Anthony J. Battaglia on 11/2/2020.(All non-registered users served via U.S. Mail Service)(jrm) (Additional attachment(s) added on 11/2/2020: # 1 Rejected Document) (jrm). (Entered: 11/02/2020)

Nov. 2, 2020

Nov. 2, 2020

PACER
37

NOTICE OF APPEAL to the 9th Circuit by Darryl Dunsmore as to 36 Notice and Order of Document Discrepancies Rejecting Document. IFP Status. (Notice of Appeal electronically transmitted to the US Court of Appeals.) (akr) (Entered: 11/19/2020)

Nov. 18, 2020

Nov. 18, 2020

RECAP
38

USCA Case Number 20-56221 for 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
39

USCA Time Schedule Order as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 11/20/2020)

Nov. 20, 2020

Nov. 20, 2020

PACER
40

REFERRAL NOTICE from USCA as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. This matter is referred to the USDC for the limited purpose of determining whether in forma pauperis status should continue for this appeal or whether the appeal is frivolous or taken in bad faith. If the USDC elects to revoke in forma pauperis status, the USDC is requested to notify the USCA and the parties of such determination within 21 days of the date of this referral. If the USDC does not revoke in forma pauperis status, such status will continue automatically for this appeal pursuant to FRAP 24(a). This referral shall not affect the briefing schedule previously established by the USCA. (akr) (Entered: 12/15/2020)

Dec. 15, 2020

Dec. 15, 2020

PACER
41

ORDER of USCA t/w Prisoner Authorization Form as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. Appellant has been granted leave to proceed in forma pauperis and has completed and filed the required authorization form directing the appropriate prison officials to assess, collect, and forward to the USDC the filing and docketing fees for this appeal pursuant to 28 U.S.C. §1915(b)(1) and (2). USCA assesses and defines initial filing fee. Appellant is not responsible for payment when the funds in appellant's prison trust account total less than $10, but payments must resume when additional deposits are made or funds are otherwise available. The Clerk shall serve this order and appellant's completed authorization form on the Attorney General for the State of California, who shall notify the appropriate agency or prison authority responsible for calculating, collecting, and forwarding the initial payment assessed in this order and for assessing, collecting, and forwarding the remaining monthly payments of the fee to the USDC for this appeal. Each payment should be accompanied by the USDC and appellate docket numbers for this appeal and a record of previous payments made for this appeal. (akr) (Entered: 03/17/2021)

March 17, 2021

March 17, 2021

PACER
42

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motin for Petition for Writ of Mandate, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Civ.L. Rule 7.1 - Lacking memorandum of points and authorities in support; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation; Case Closed; appeal pending; document illegible. Signed by the Chambers of Judge Anthony J. Battaglia on 4/22/2021. (Attachments: # 1 rejected document)(All non-registered users served via U.S. Mail Service)(jrm) (Entered: 04/22/2021)

April 22, 2021

April 22, 2021

PACER
43

Mail Returned as Undeliverable re 42 Notice and Order of Document Discrepancies. Mail sent to Darryl Dunsmore. (bta) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
44

ORDER of USCA as to 37 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. A review of the docket demonstrates that appellant has failed to file the opening brief in this case. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to prosecute. This order served on the USDC shall, 21 days after the date of the order, act as the mandate of the USCA. (akr) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
45

Notice of Document Discrepancies and Order Thereon by Judge Anthony J. Battaglia Rejecting Document: Motion for TRO and Preliminary Injunction, from Plaintiff Darryl Dunsmore. Non-compliance with local rule(s), OTHER: Case closed Civ.L. Rule 7.1 - Lacking memorandum of points and authorities in support; Civ.L. Rule 5.1 - Missing time and date on motion and/or supporting documentation. Signed by Judge Anthony J. Battaglia. (Attachments: # 1 Rejected Document)(jrm) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER
46

MANDATE of USCA reversing and remanding to the USDC as to 33 Notice of Appeal to the 9th Circuit filed by Darryl Dunsmore. (akr) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

Clearinghouse
47

NOTICE of Spreading the Mandate: The Court spreads the USCA Mandate No. 20-56135. Court will issue a written order. (All non-registered users served via U.S. Mail Service)(no document attached) (lrf) (Entered: 08/23/2021)

Aug. 23, 2021

Aug. 23, 2021

PACER

Notice of Spreading the Mandate

Aug. 23, 2021

Aug. 23, 2021

PACER
48

Order Directing U.S. Marshal Service to Effect Service of First Amended Complaint, (Doc. No. 19 ). Signed by Judge Anthony J. Battaglia on 8/24/2021. (All non-registered users served via U.S. Mail Service) (Certified Copy to USM) (jrm) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
49

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. Summons will be mailed to plaintiffs not receiving notice electronically. (Attachments: # 1 IFP Letter)(jrm) (Entered: 08/24/2021)

Aug. 24, 2021

Aug. 24, 2021

PACER
50

NOTICE of Change of Address by Darryl Dunsmore (jms) (Entered: 08/30/2021)

Aug. 27, 2021

Aug. 27, 2021

PACER
51

Mail Returned as Undeliverable re 45 Notice and Order of Document Discrepancies. Mail sent to Darryl Dunsmore. (bta) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
52

NOTICE of Change of Address by Darryl Dunsmore (jms) (Entered: 09/20/2021)

Sept. 16, 2021

Sept. 16, 2021

PACER
53

Mail Returned as Undeliverable re 47 Notice of Spreading the Mandate. Mail sent to Darryl Dunsmore. (bta) (Entered: 09/30/2021)

Sept. 30, 2021

Sept. 30, 2021

PACER
54

USM 285 - Summons Returned Unexecuted by Darryl Dunsmore as to John Doe. (jrm) (Entered: 10/15/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
55

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to Dept of Corrections. (jrm) (Entered: 10/15/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
56

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to John Doe - Theodore Weathers. (jrm) (Entered: 10/15/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
57

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to John Doe - David Rankin. (jrm) (Entered: 10/15/2021)

Oct. 12, 2021

Oct. 12, 2021

PACER
58

CERTIFICATE OF SERVICE (USM 285) as to Jackie Burden by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
59

CERTIFICATE OF SERVICE (USM 285) as to Michael Garcia by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
60

CERTIFICATE OF SERVICE (USM 285) as to Craig Leiff by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
61

CERTIFICATE OF SERVICE (USM 285) as San Diego County by Darryl Dunsmore (jrm) (Entered: 10/27/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
62

Summons Returned Unexecuted (USM 285) by Darryl Dunsmore as to Kevin Faulconer. (jrm) (Entered: 10/27/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
63

Summons Returned Unexecuted by Darryl Dunsmore as to Gore. (jrm) (Entered: 10/27/2021)

Oct. 19, 2021

Oct. 19, 2021

PACER
64

MOTION to Dismiss for Failure to State a Claim by Gore, San Diego County. (Attachments: # 1 Memo of Points and Authorities in Support of Defendants County of San Diego and William Gore's Motion to Dismiss First Amended Complaint, # 2 Proof of Service)(Lenert, Ronald)Attorney Ronald Lenert added to party Gore(pty:dft), Attorney Ronald Lenert added to party San Diego County(pty:dft) (jrm). (Entered: 11/03/2021)

Nov. 3, 2021

Nov. 3, 2021

PACER
65

ORDER Setting Briefing Schedule on Defendants 64 MOTION to Dismiss. Responses due by 1/10/2022. Replies due by 1/28/2022. Signed by Magistrate Judge William V. Gallo on 11/5/2021.(All non-registered users served via U.S. Mail Service)(ag) (Entered: 11/05/2021)

Nov. 5, 2021

Nov. 5, 2021

RECAP
66

NOTICE of Appearance by Gay Crosthwait Grunfeld on behalf of Darryl Dunsmore (Grunfeld, Gay)Attorney Gay Crosthwait Grunfeld added to party Darryl Dunsmore(pty:pla)(jms). (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

RECAP
67

NOTICE of Appearance by Richard Van Swearingen on behalf of Darryl Dunsmore (Swearingen, Richard)Attorney Richard Van Swearingen added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
68

NOTICE of Appearance by Eric D. Monek Anderson on behalf of Darryl Dunsmore (Monek Anderson, Eric)Attorney Eric D. Monek Anderson added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
69

NOTICE of Appearance by Priyah Kaul on behalf of Darryl Dunsmore (Kaul, Priyah)Attorney Priyah Kaul added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
70

NOTICE of Appearance as Counsel of Record by Christopher M. Young on behalf of Darryl Dunsmore (Young, Christopher)Attorney Christopher M. Young added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
71

NOTICE of Appearance as Counsel of Record by Oliver M. Kiefer on behalf of Darryl Dunsmore (Kiefer, Oliver)Attorney Oliver M. Kiefer added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
72

NOTICE of Appearance by Bardis Vakili on behalf of Darryl Dunsmore (Vakili, Bardis)Attorney Bardis Vakili added to party Darryl Dunsmore(pty:pla) (jms). (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
73

NOTICE of Appearance by Jonathan Paul Markovitz on behalf of Darryl Dunsmore (Markovitz, Jonathan)Attorney Jonathan Paul Markovitz added to party Darryl Dunsmore(pty:pla)(jms). (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
74

Ex Parte MOTION for Leave to File Amended Complaint, Ex Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss by Darryl Dunsmore. (Attachments: # 1 Declaration of Christopher M. Young, # 2 Exhibit 1, # 3 Exhibit 2)(Young, Christopher)(jms). (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
75

NOTICE of Intent to File Written Opposition to Plaintiff's Ex Parte Motion by Gore, San Diego County re 74 Ex Parte MOTION for Leave to File Amended ComplaintEx Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss (Attachments: # 1 Proof of Service)(Lenert, Ronald) (jrm). (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
76

NOTICE of Appearance as Counsel of Record by Isabella Neal on behalf of Darryl Dunsmore (Neal, Isabella)Attorney Isabella Neal added to party Darryl Dunsmore(pty:pla)(jrm). (Entered: 12/15/2021)

Dec. 15, 2021

Dec. 15, 2021

PACER
77

ORDER BY JUDGE BATTAGLIA: Setting Briefing Schedule re 74 Ex Parte MOTION for Leave to File Amended ComplaintEx Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss : Responses due by 12/29/2021; Replies due by 1/5/2022; sur-replies will not be accepted. Motion Hearing set for 2/24/2022 at 2:00 PM in Courtroom 4A before Judge Anthony J. Battaglia. Counsel is reminded to follow Judge Battaglia's chambers rules with regard to getting a motion hearing date prior to filing. (no document attached) (sc) (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

PACER
78

NOTICE of Appearance by Aaron J. Fischer on behalf of Darryl Dunsmore (Fischer, Aaron)Attorney Aaron J. Fischer added to party Darryl Dunsmore(pty:pla) (jmo). (Entered: 12/16/2021)

Dec. 16, 2021

Dec. 16, 2021

PACER

Order Setting Briefing Schedule

Dec. 16, 2021

Dec. 16, 2021

PACER
79

ORDER BY JUDGE BATTAGLIA: Order vacating briefing schedule and motion hearing date (doc. No. 77). The Ex Parte MOTION for Leave to File Amended Complaint, Ex Parte MOTION for Extension of Time to File Response/Reply to Motion to Dismiss (doc. No. 74), filed by plaintiff is set before Magistrate Judge Gallo. (no document attached) (sc) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

PACER
80

ORDER (1) Granting Plaintiff's motion to amend and (2) Denying Defendants' motion to dismiss (Doc. Nos. 64 & 74 ). Signed by Magistrate Judge William V. Gallo on 12/17/2021. (jpp) (Entered: 12/17/2021)

Dec. 17, 2021

Dec. 17, 2021

Clearinghouse

~Util - Terminate Motion and R&R Deadlines/Hearings AND Order

Dec. 17, 2021

Dec. 17, 2021

PACER
81

AMENDED COMPLAINT (SECOND AMENDED CIVIL CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF) against San Diego County Sheriff's Department, County of San Diego, Correctional Healthcare Partners, Inc., Tri-City Medical Center, Liberty Healthcare, Inc., Mid-America Health, Inc., Logan Haak, M.D., Inc., San Diego County Probation Department, filed by Darryl Dunsmore, Josue Lopez, Christopher Nelson, Reanna Levy, Christopher Norwood, Ernest Archuleta, Anthony Edwards, Laura Zoerner.New Summons Requested. (Swearingen, Richard)(smy1). (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

Clearinghouse
82

Summons Issued re 81 . Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jrm) (Entered: 02/10/2022)

Feb. 10, 2022

Feb. 10, 2022

PACER
83

NOTICE of Voluntary Dismissal by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner (Without Prejudice of Defendants State of California, Gavin Newsom, Kevin Faulconer, Michael Garcia, William Gore, Xavier Becerra, Jackie Burden, Craig Leff, Office of Assigned Counsel, and Sergeant Sipperly) (Swearingen, Richard) (smy1). (Entered: 02/11/2022)

Feb. 11, 2022

Feb. 11, 2022

PACER
84

NOTICE of Appearance by Christopher Thomas Grohman on behalf of Mid-America Health, Inc. (Grohman, Christopher)Attorney Christopher Thomas Grohman added to party Mid-America Health, Inc.(pty:dft)(jrm). (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

RECAP
85

Notice of Appearance by Mid-America Health, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Grohman, Christopher)(jrm). Updated docket text/event; QC Mailer sent re incorrectly filed PHV application on 2/18/2022 (jrm). (Entered: 02/16/2022)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

Feb. 16, 2022

Feb. 16, 2022

PACER
86

CERTIFICATE OF SERVICE by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner re 83 Notice of Voluntary Dismissal, (Swearingen, Richard)(jrm). (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
87

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Liberty Healthcare, Inc. served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
88

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Logan Haak, M.D., Inc. served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
89

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Mid-America Health, Inc. served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
90

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. San Diego County Probation Department served. (Swearingen, Richard)(jrm). (Entered: 02/17/2022)

Feb. 17, 2022

Feb. 17, 2022

PACER
91

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. San Diego County Sheriff's Department served. (Swearingen, Richard)(smy1). (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
92

SUMMONS Returned Executed by Josue Lopez, Laura Zoerner, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Christopher Nelson, Christopher Norwood, Ernest Archuleta. Correctional Healthcare Partners, Inc. served. (Swearingen, Richard)(smy1). (Entered: 02/18/2022)

Feb. 18, 2022

Feb. 18, 2022

PACER
93

NOTICE of Voluntary Dismissal by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner Without Prejudice of Defendant Tri-City Medical Center (Swearingen, Richard) (smy1). (Entered: 02/22/2022)

Feb. 22, 2022

Feb. 22, 2022

RECAP
94

CERTIFICATE OF SERVICE by Ernest Archuleta, Darryl Dunsmore, Anthony Edwards, Reanna Levy, Josue Lopez, Christopher Nelson, Christopher Norwood, Laura Zoerner re 93 Notice of Voluntary Dismissal, (Swearingen, Richard)(smy1). (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: March 2, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of all adults who are now, or will be in the future, incarcerated in a San Diego County Jail facility, and subclasses of those incarcerated people who (1) have a legally defined "disability"; (2) have private counsel or are pursuing claims on a pro per basis; or (3) are Black or Latinx.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

San Diego County Sheriff's Department (San Diego, San Diego), County

County of San Diego (San Diego), County

San Diego County Probation Department (San Diego), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State law

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Bathing and hygiene

Bathrooms

Conditions of confinement

Counseling

Failure to train

Neglect by staff

Rehabilitation

Restraints : physical

Sanitation / living conditions

Policing:

Improper treatment of mentally ill suspects

Jails, Prisons, Detention Centers, and Other Institutions:

Solitary confinement/Supermax (conditions or process)

Disability and Disability Rights:

disability, unspecified

Hearing impairment

Mental impairment

Mobility impairment

Visual impairment

Depression

Intellectual/developmental disability, unspecified

Learning disability

Mental Illness, Unspecified

Environmental Justice and Resources:

Effective Communication (ADA)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Dental care

HIV/AIDS

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, general

Medical care, unspecified

Medication, administration of

Mental health care, general

Mental health care, unspecified

Self-injurious behaviors

Suicide prevention

Untreated pain

Vision care

Wound care

Type of Facility:

Government-run