Case: Saddozai v. Davis

5:18-cv-05558 | U.S. District Court for the Northern District of California

Filed Date: Sept. 11, 2018

Case Ongoing

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Case Summary

This case involved allegations of excessive force by a correctional officer. On September 11, 2018, a prisoner in San Quentin State Prison filed this lawsuit in the United States District Court for the Northern District of California against a correctional officer in San Quentin State Prison under 42 U.S.C. § 1983. Originally filing pro se, the plaintiff alleged that he was attacked by other incarcerated individuals when the defendant correctional officer intervened by shooting the plaintiff se…

This case involved allegations of excessive force by a correctional officer. On September 11, 2018, a prisoner in San Quentin State Prison filed this lawsuit in the United States District Court for the Northern District of California against a correctional officer in San Quentin State Prison under 42 U.S.C. § 1983. Originally filing pro se, the plaintiff alleged that he was attacked by other incarcerated individuals when the defendant correctional officer intervened by shooting the plaintiff several times. The plaintiff sought declaratory and injunctive relief as well as compensatory and punitive damages. The case was assigned to Judge Beth Labson Freeman.

Following the court’s dismissal of the complaint with leave to amend on January 16, 2019, on February 19, 2019, the plaintiff filed an amended complaint with additional factual allegations and attachments. 

On July 11th, 2019 the court dismissed the complaint with leave to amend for the plaintiff to file an amended complaint that complied with Rules 18(a) and 20(a) of the Federal Rules of Civil Procedure. On August 15, 2019, the plaintiff filed a second amended complaint.

On March 2, 2020, the defendant filed a motion to dismiss the plaintiff’s second amended complaint. On March 6, 2020, the plaintiff filed a third amended complaint adding claims against the warden and the Director of the CDCR based on supervisor liability. 

The defendant moved to dismiss this complaint, which the court denied as moot on April 23rd, 2020. The court ordered that the third amended complaint was the operative complaint in this matter under Rule 15(a)(1)(B). On the same day, the court denied plaintiff’s fourth motion for appointment of counsel and granted plaintiff’s motion for extension of time to complete discovery. 

On December 2nd, 2020, the court granted the defendant's motion to dismiss for failure to exhaust administrative remedies, saying that the defendant had shown that there was an available administrative remedy and the plaintiff did not exhaust that available administrative remedy before he filed the action, though he had since. The court also ruled that the additional claims in the third amended complaint allegations were insufficient to support a claim of supervisor liability and dismissed them without leave to amend. 

On December 28, 2020, the plaintiff filed a notice of appeal to the Ninth Circuit Court of Appeals. 

On May 23rd, 2022, the panel reversed the district court’s dismissal for lack of exhaustion and remanded, clarifying Jackson v. Fong’s holding that a prisoner who has fully complied with the PLRA’s exhaustion requirement does not need to file a new complaint simply because he had not exhausted when he filed his original federal complaint.

 On June 17, 2024, the Court granted the defendants’ motion for terminating sanctions. The Court found that the plaintiff was a prolific litigator and declared three-strikes litigant with a history of filing frivolous litigant and refusing to comply with court orders, and that in the present case had willfully refused to be deposed, among other similar tactics. On the same date, for the same reasons, the court found for the defendant. 

 

Summary Authors

Andrew Eslich (12/30/2024)

Ruby Napora (4/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8589991/parties/saddozai-v-davis/


Judge(s)

Freeman, Beth Labson (California)

Attorney for Plaintiff

Anand, Easha

Attorney for Defendant

General, Misha Igra,

Low, Allison Michele (California)

Expert/Monitor/Master/Other

Gelernter, Eugene M.

Documents in the Clearinghouse

Documents in this case
1

5:18-cv-05558

Complaint

Sept. 11, 2018

Sept. 11, 2018

Complaint
7

5:18-cv-05558

Order of Dismissal with Leave to Amend; Denying Motion for Appointment of Counsel

Jan. 16, 2019

Jan. 16, 2019

Order/Opinion

2019 WL 251489

9

5:18-cv-05558

Order Granting Plaintiff's Motion for an Extension of Time to File Amended Complaint

Feb. 13, 2019

Feb. 13, 2019

Order/Opinion
10

5:18-cv-05558

Complaint by a Prisoner Under the Civil Rights Act

Feb. 19, 2019

Feb. 19, 2019

Complaint
11

5:18-cv-05558

Motion for Appointment of Counsel

Feb. 19, 2019

Feb. 19, 2019

Pleading / Motion / Brief
15

5:18-cv-05558

Order of Dismissal with Leave to Amend; Denying Application for Waiver or Modification of Filing Fees

July 11, 2019

July 11, 2019

Order/Opinion

2019 WL 13216338

19

5:18-cv-05558

Amended Complaint

Aug. 15, 2019

Aug. 15, 2019

Complaint
29

5:18-cv-05558

Amended Complaint

March 6, 2020

March 6, 2020

Complaint
39

5:18-cv-05558

Order Denying Motions Re Appointment of Counsel; Denying Motion to Amend as Unnecessary; Denying Motion to Dismiss as Moot; Granting Motion for Extension of Time to File Opposition

April 23, 2020

April 23, 2020

Order/Opinion

2020 WL 1955666

51

5:18-cv-05558

Order Granting Defendant's Motion to Dismiss for Failure to Exhaust Administrative Remedies Prior to Filing Suit

Dec. 2, 2020

Dec. 2, 2020

Order/Opinion

2020 WL 7056002

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8589991/saddozai-v-davis/

Last updated July 19, 2026, 5:46 a.m.

Docket for: Saddozai v. Davis
ECF Number Date Description Link
1 Sept. 11, 2018

COMPLAINT against Clawson, Ron Davis, Herrera, Malikian, Prieto, Serrintino, C. Smith. Filed by Shikeb Saddozai. (Attachments: # 1 Cover Letter, # 2 Envelope)(sfbS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/13/2018)

1 Cover Letter

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2 Envelope

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Clearinghouse
2 Sept. 11, 2018

MOTION for Leave to Proceed in forma pauperis filed by Shikeb Saddozai. (Attachments: # 1 Certificate of Funds)(sfbS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/13/2018)

1 Certificate of Funds

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RECAP
3 Sept. 11, 2018

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Shikeb Saddozai. (sfbS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/13/2018)

RECAP
4 Sept. 11, 2018

MOTION to Appoint Counsel filed by Shikeb Saddozai. (sfbS, COURT STAFF) (Filed on 9/11/2018) (Entered: 09/13/2018)

RECAP
5 Oct. 29, 2018

NOTICE of Change of Address by Shikeb Saddozai (sfbS, COURT STAFF) (Filed on 10/29/2018) (Entered: 11/06/2018)

RECAP
6 Jan. 16, 2019

ORDER GRANTING MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS by Judge Beth Labson Freeman.Granting 2 Motion for Leave to Proceed in forma pauperis. (Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 1/16/2019) (Entered: 01/17/2019)

1 Certificate/Proof of Service

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7 Jan. 16, 2019

ORDER OF DISMISSAL WITH LEAVE TO AMEND; DENYING MOTION FOR APPOINTMENT OF COUNSEL by Judge Beth Labson Freeman. Denying 4 Motion to Appoint Counsel.Amended Complaint due by 2/14/2019. (Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 1/16/2019) (Entered: 01/17/2019)

Clearinghouse
8 Feb. 8, 2019

MOTION for Extension of Time to Amend Complaint Re: 7 Order on of Dismissal filed by Shikeb Saddozai. (sfbS, COURT STAFF) (Filed on 2/8/2019) Modified on 2/12/2019 (slm, COURT STAFF). (Entered: 02/11/2019)

RECAP
9 Feb. 13, 2019

ORDER GRANTING PLAINTIFF'S MOTION FOR AN EXTENSION OF TIME TO FILE AMENDED COMPLAINT by Judge Bethy Labson Freeman.Granting 8 Motion for Extension of Time to Amend 8 MOTION for Extension of Time to Amend 7 Order on Motion to Appoint Counsel. Amended Complaint due by 3/14/2019. (tshS, COURT STAFF) (Filed on 2/13/2019) (Additional attachment(s) added on 2/13/2019: # 1 Certificate/Proof of Service) (tshS, COURT STAFF). (Entered: 02/13/2019)

Clearinghouse
10 Feb. 19, 2019

AMENDED COMPLAINT against Clawson, M. Gaitan, Herrera, Malikian, C. Smith. Filed by Shikeb Saddozai. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 2/19/2019) (Additional attachment(s) added on 2/21/2019: # 2 Cover Letter) (sfbS, COURT STAFF). (Entered: 02/21/2019)

1 Envelope

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2 Cover Letter

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Clearinghouse
11 Feb. 19, 2019

MOTION to Appoint Counsel filed by Shikeb Saddozai. (Attachments: # 1 Declaration, # 2 Memorandum in Support, # 3 Certificate/Proof of Service)(sfbS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/21/2019)

1 Declaration

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2 Memorandum in Support

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3 Certificate/Proof of Service

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Clearinghouse
12 Feb. 26, 2019

ORDER DENYING PLAINTIFF'S SECOND MOTION FOR APPOINTMENT OF COUNSEL by Judge Beth Labson Freeman.Denying 11 Motion to Appoint Counsel.(Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 2/26/2019) (Entered: 02/28/2019)

RECAP
13 June 5, 2019

Application Requesting Filing Fees Under In Forma Pauperis be Waived and or Modified. filed by Shikeb Saddozai. (Declaration: # 1 in Support of Request for Filing Fees to be Waived and or Modified, # 2 Certificate/Proof of Service)(sfbS, COURT STAFF) (Filed on 6/5/2019) (Entered: 06/12/2019)

1 in Support of Request for Filing Fees to be Waived and or Modified

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2 Certificate/Proof of Service

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RECAP
14 July 1, 2019

Letter from Shikeb Saddozai regarding library. (sfbS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/01/2019)

RECAP
15 July 11, 2019

ORDER OF DISMISSAL WITH LEAVE TO AMEND; DENYING APPLICATION FOR WAIVER OR MODIFICATION OF FILING FEES by Judge Beth Labson Freeman. Denying 13 Motion for Leave to Proceed in forma pauperis. Amended Complaint due by 8/8/2019. (tshS, COURT STAFF) (Filed on 7/11/2019) (Additional attachment(s) added on 7/15/2019: # 1 Certificate/Proof of Service) (tshS, COURT STAFF). Mailed two copies of court's complaint Modified on 7/17/2019 (sfbS, COURT STAFF). (Entered: 07/15/2019)

1 Certificate/Proof of Service

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Clearinghouse
16 Aug. 7, 2019

MOTION for Extension of Time to File filed by Shikeb Saddozai. (sfbS, COURT STAFF) (Filed on 8/7/2019) (Entered: 08/07/2019)

RECAP
17 Aug. 14, 2019

Peremptory Challenge Against a Judge. (Attachments: # 1 Cover Letter, # 2 Certificate/Proof of Service, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 8/14/2019) (Entered: 08/16/2019)

RECAP
19 Aug. 15, 2019

SECOND AMENDED COMPLAINT against Clawson. Filed byShikeb Saddozai. (Attachments: # 1 Declaration, # 2 Envelope)(sfbS, COURT STAFF) (Filed on 8/15/2019) Modified on 1/29/2020 (sfbS, COURT STAFF). (Entered: 08/19/2019)

1 Cover letter

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2 Envelope

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Clearinghouse
20 Aug. 15, 2019

MOTION to Appoint Counsel filed by Shikeb Saddozai. (Attachments: # 1 Declaration in Support, # 2 Memorandum of Law in Support of Motion, # 3 Certificate/Proof of Service)(sfbS, COURT STAFF) (Filed on 8/15/2019) (Entered: 08/19/2019)

1 Declaration in Support

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2 Memorandum of Law in Support of Motion

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3 Certificate/Proof of Service

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RECAP
18 Aug. 16, 2019

ORDER GRANTING MOTION FOR EXTENSION OF TIME TO FILE SECOND AMENDED COMPLAINT by Judge Beth Labson Freeman.Granting 16 Motion for Extension of Time to File. Second Amended Complaint due by 9/13/2019. (tshS, COURT STAFF) (Filed on 8/16/2019) (Additional attachment(s) added on 8/19/2019: # 1 Certificate/Proof of Service) (tshS, COURT STAFF). (Entered: 08/19/2019)

RECAP
21 Aug. 26, 2019

ORDER DENYING MOTION FOR RECUSAL; DENYING THIRD MOTION FOR APPOINTMENT OF COUNSEL by Judge Beth Labson Freeman. (Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 8/26/2019) (Entered: 08/27/2019)

RECAP
22 Dec. 10, 2019

ORDER OF PARTIAL DISMISSAL AND SERVICE; DIRECTING DEFENDANT TO FILE DISPOSITIVE MOTION OR NOTICE REGARDING SUCH MOTION; INSTRUCTIONS TO CLERK. Dispositive Motion due by 3/10/2020. Signed by Judge Beth Labson Freeman on 12/10/2019. (Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 12/10/2019) (Entered: 12/11/2019)

1 Certificate/Proof of Service

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23 Jan. 15, 2020

NOTICE of Change of Address by Shikeb Saddozai (Attachments: # 1 Certificate/Proof of Service, # 2 Envelope)(sfbS, COURT STAFF) (Filed on 1/15/2020) (Entered: 01/15/2020)

1 Certificate/Proof of Service

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2 Envelope

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24 Jan. 27, 2020

MOTION to Appoint Counsel filed by Shikeb Saddozai. (Attachments: # 1 Declaration, # 2 Cover Sheet, # 3 Certificate/Proof of Service, # 4 Envelope)(sfbS, COURT STAFF) (Filed on 1/27/2020) (Entered: 01/29/2020)

1 Declaration

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2 Cover Sheet

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3 Certificate/Proof of Service

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4 Envelope

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RECAP
25 Jan. 29, 2020

REQUEST FOR WAIVER of Service sent to Officer Clawson on 1/29/2020. Waiver of Service due by 2/28/2020. (sfbS, COURT STAFF) (Filed on 1/29/2020) (Entered: 01/29/2020)

RECAP
26 Feb. 10, 2020

MOTION to Amend/Correct Complaint filed by Shikeb Saddozai. Responses due by 3/9/2020. Replies due by 3/23/2020. (Attachments: # 1 Proposed Amended Complaint, # 2 Cover letter, # 3 Certificate/Proof of Service, # 4 Envelope)(sfbS, COURT STAFF) (Filed on 2/10/2020) Modified on 2/10/2020 (sfbS, COURT STAFF). (Entered: 02/10/2020)

1 Proposed Order

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2 Cover letter

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3 Certificate/Proof of Service

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4 Envelope

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RECAP
27 March 2, 2020

MOTION to Dismiss filed by Clawson. Responses due by 3/30/2020. Replies due by 4/13/2020. (Low, Allison) (Filed on 3/2/2020) (Entered: 03/02/2020)

RECAP
28 March 3, 2020

WAIVER OF SERVICE Returned Executed filed by Clawson. Service waived by Clawson waiver sent on 3/4/2020, answer due 5/4/2020. (sfbS, COURT STAFF) (Filed on 3/3/2020) (Entered: 03/04/2020)

RECAP
29 March 6, 2020

THIRD AMENDED COMPLAINT against Clawson, Ron Davis, Director of the California Department of Corrections and Rehabilitation. Filed by Shikeb Saddozai. (Attachments: # 1 Certificate/Proof of Service, # 2 Envelope)(sfbS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/10/2020)

1 Certificate/Proof of Service

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2 Envelope

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Clearinghouse
30 March 6, 2020

MOTION for Reconsideration Ordering Appointment of Counsel filed by Shikeb Saddozai. (Attachments: # 1 Declaration, # 2 Memorandum of Law, # 3 Certificate/Proof of Service, # 4 Envelope)(sfbS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/10/2020)

1 Declaration

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2 Memorandum of Law

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3 Certificate/Proof of Service

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4 Envelope

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RECAP
31 March 13, 2020

NOTICE by Clawson re 27 MOTION to Dismiss -- Notice Re: Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint (Low, Allison) (Filed on 3/13/2020) (Entered: 03/13/2020)

RECAP
32 March 13, 2020

MOTION to Dismiss Plaintiff's Third Amended Complaint filed by Clawson. Responses due by 4/10/2020. Replies due by 4/24/2020. (Attachments: # 1 Proposed Order)(Low, Allison) (Filed on 3/13/2020) (Entered: 03/13/2020)

1 Proposed Order

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RECAP
33 March 19, 2020

MOTION for Extension of Time to File filed by Shikeb Saddozai. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 3/19/2020) (Entered: 03/19/2020)

1 Envelope

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34 March 20, 2020

NOTICE by Clawson re 33 MOTION for Extension of Time to File -- Def's Conditional Non-Opposition to Plaintiff's Request for Extension of Time to Oppose the Motion to Dismiss (Attachments: # 1 Certificate/Proof of Service)(Low, Allison) (Filed on 3/20/2020) (Entered: 03/20/2020)

1 Certificate/Proof of Service

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RECAP
35 March 20, 2020

CERTIFICATE OF SERVICE by Clawson re 32 MOTION to Dismiss Plaintiff's Third Amended Complaint (Low, Allison) (Filed on 3/20/2020) (Entered: 03/20/2020)

RECAP
40 March 23, 2020

Letter from Shikeb Saddozai. (Attachments: # 1 Envelope)(bwS, COURT STAFF) (Filed on 3/23/2020) (Entered: 05/04/2020)

1 Envelope

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38 April 9, 2020

Letter from Saddozai. (sfbS, COURT STAFF) (Filed on 4/9/2020) (Entered: 04/21/2020)

RECAP
36 April 13, 2020

NOTICE by Clawson -- Notice of Non-Opposition to Defendant's Motion to Dismiss (Low, Allison) (Filed on 4/13/2020) (Entered: 04/13/2020)

RECAP
37 April 20, 2020

NOTICE by Clawson -- Defendant's Notice of Assisted Filing and Non-Opposition to Plaintiff's Request for Extension of Time to Oppose the Motion to Dismiss (Attachments: # 1 Exhibit A to C to Def's Notice of Assisted Filing and Non-Opposition)(Low, Allison) (Filed on 4/20/2020) (Entered: 04/20/2020)

1 Exhibit A to C to Def's Notice of Assisted Filing and Non-Opposition

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39 April 23, 2020

ORDER DENYING MOTIONS RE APPOINTMENT OF COUNSEL; DENYING MOTION TO AMEND AS UNNECESSARY; DENYING MOTION TO DISMISS AS MOOT; GRANTING MOTION FOR EXTENSION OF TIME TO FILE OPPOSITION Signed by Judge Beth Labson Freeman Denying 24 Motion to Appoint Counsel ; Denying 26 Motion to Amend/Correct ; Denying 27 Motion to Dismiss; Denying 30 Motion for Reconsideration re 24 MOTION to Appoint Counsel filed by Shikeb Saddozai, 30 MOTION for Reconsideration filed by Shikeb Saddozai, 27 MOTION to Dismiss filed by Clawson, 33 MOTION for Extension of Time to File filed by Shikeb Saddozai, 26 MOTION to Amend/Correct filed by Shikeb Saddozai ; Granting 33 Motion for Extension of Time to File.Opposition due by 5/21/2020. (Attachments: # 1 Certificate/Proof of Service)(tshS, COURT STAFF) (Filed on 4/23/2020) (Entered: 04/23/2020)

Clearinghouse
41 May 8, 2020

NOTICE by Clawson -- Defendant's Notice of Assisted Filing and Response (Attachments: # 1 Exhibit A to Def's Notice of Assisted Filing and Response)(Low, Allison) (Filed on 5/8/2020) (Entered: 05/08/2020)

1 Exhibit A to Def's Notice of Assisted Filing and Response

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RECAP
42 May 11, 2020

OPPOSITION (re 32 MOTION to Dismiss Plaintiff's Third Amended Complaint ) filed by Shikeb Saddozai. (sfbS, COURT STAFF) (Filed on 5/11/2020) (Entered: 05/11/2020)

RECAP
43 May 11, 2020

NOTICE Re Obstruction of Inmate Appeal/Grievances & Court Access by Shikeb Saddozai (sfbS, COURT STAFF) (Filed on 5/11/2020) (Entered: 05/11/2020)

RECAP
44 May 13, 2020

REPLY (re 32 MOTION to Dismiss Plaintiff's Third Amended Complaint ) filed byClawson. (Low, Allison) (Filed on 5/13/2020) (Entered: 05/13/2020)

RECAP
45 May 26, 2020

MOTION for Extension of Time to File Response/Reply as to 44 Reply to Opposition/Response filed by Shikeb Saddozai. (sfbS, COURT STAFF) (Filed on 5/26/2020) (Entered: 05/26/2020)

RECAP
46 May 29, 2020

OPPOSITION/RESPONSE (re 45 MOTION for Extension of Time to File Response/Reply as to 44 Reply to Opposition/Response ) -- Defendant's Opposition to Plaintiff's Motion for Extension of Time to File a Surreply filed byClawson. (Low, Allison) (Filed on 5/29/2020) (Entered: 05/29/2020)

RECAP
47 June 1, 2020

ORDER DENYING MOTION FOR EXTENSION OF TIME TO FILE SUR-REPLY by Judge Beth Labson Freeman. Denying 45 Motion for Extension of Time to File Response/Reply. (tshS, COURT STAFF) (Filed on 6/1/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 06/01/2020)

RECAP
48 Sept. 10, 2020

MOTION for Extension of Time to File filed by Shikeb Saddozai. (Attachments: # 1 Envelope and Cover letter)(sfbS, COURT STAFF) (Filed on 9/10/2020) (Entered: 09/10/2020)

1 Envelope and Cover letter

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RECAP
49 Sept. 10, 2020

MOTION to Appoint Counsel filed by Shikeb Saddozai. (Attachments: # 1 Declaration, # 2 Memorandum in Support, # 3 Envelope and Cover Letter)(sfbS, COURT STAFF) (Filed on 9/10/2020) (Entered: 09/10/2020)

1 Declaration

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2 Memorandum in Support

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3 Envelope and Cover Letter

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50 Sept. 29, 2020

ORDER DENYING MOTIONS FOR EXTENSION OF TIME, PRELIMINARY INJUNCTION, AND APPOINTMENT OF COUNSEL by Judge Beth Labson Freeman. Denying 48 Motion for Extension of Time to File; Denying 49 Motion to Appoint Counsel. (tshS, COURT STAFF) (Filed on 9/29/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 09/29/2020)

RECAP
51 Dec. 2, 2020

ORDER GRANTING DEFENDANTS MOTION TO DISMISS FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES PRIOR TO FILING SUIT. Signed by Judge Beth Labson Freeman Granting 32 Motion to Dismiss. (tshS, COURT STAFF) (Filed on 12/2/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/02/2020)

Clearinghouse
52 Dec. 2, 2020

JUDGMENT Signed by Judge Beth Labson Freeman on December 2, 2020. (tshS, COURT STAFF) (Filed on 12/2/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 12/02/2020)

RECAP
53 Dec. 28, 2020

NOTICE of Change of Address by Shikeb Saddozai. Docket Updated. (sfbS, COURT STAFF) (Filed on 12/28/2020) (Entered: 12/30/2020)

RECAP
54 Dec. 28, 2020

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Shikeb Saddozai. Appeal of Judgment, 52 (Appeal fee FEE NOT PAID.) (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 12/28/2020) (Entered: 12/30/2020)

1 Envelope

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55 Jan. 4, 2021

USCA No. 20-17519. USCA Scheduling Order as to 54 Notice of Appeal to the Ninth Circuit filed by Shikeb Saddozai. (sfbS, COURT STAFF) (Filed on 1/4/2021) (Entered: 01/04/2021)

RECAP
56 Feb. 2, 2021

Appeal Filing fee paid of : $ 505.00, re 54 receipt number 54611018587. (bwS, COURT STAFF) (Filed on 2/2/2021) Modified on 2/2/2021 (bwS, COURT STAFF). (Entered: 02/02/2021)

RECAP
57 May 23, 2022

USCA FILED OPINION. REVERSED AND REMANDED. FILED AND ENTERED JUDGMENT re 54 Notice of Appeal to the Ninth Circuit. (bw, COURT STAFF) (Filed on 5/23/2022) (Entered: 05/23/2022)

Clearinghouse
58 July 14, 2022

MANDATE of USCA as to 54 Notice of Appeal to the Ninth Circuit filed by Shikeb Saddozai. The judgment of this Court, entered May 23, 2022, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.Costs are taxed against the appellee in the amount of $71.61. (bw, COURT STAFF) (Filed on 7/14/2022) (Entered: 07/14/2022)

RECAP
59 July 29, 2022

ORDER ON REMAND; REOPENING ACTION; SETTING BRIEFING SCHEDULE ON REMAINING CLAIM re 58 USCA Mandate. Dispositive Motion due by 10/31/2022. Signed by Judge Beth Labson Freeman on 7/29/2022. (tsh, COURT STAFF) (Filed on 7/19/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 8/1/2022: # 1 Certificate/Proof of Service) (tsh, COURT STAFF). (Entered: 08/01/2022)

RECAP
60 Aug. 2, 2022

NOTICE of Appearance by Cassandra Jean Shryock (Shryock, Cassandra) (Filed on 8/2/2022) Modified on 8/3/2022 (hdj, COURT STAFF). (Entered: 08/02/2022)

RECAP
61 Oct. 19, 2022

MOTION for Extension of Time to File Dispositive Motion filed by Clawson. (Attachments: # 1 Declaration of Deputy Attorney General Cassandra Shryock in Support, # 2 Proposed Order)(Shryock, Cassandra) (Filed on 10/19/2022) (Entered: 10/19/2022)

RECAP
62 Oct. 25, 2022

ORDER GRANTING DEFENDANTS MOTION FOR EXTENSION OF TIME TO FILE MOTION FOR SUMMARY JUDGMENT by Judge Beth Labson Freeman. Granting 61 Motion for Extension of Time to File. Motion for Summary Judgment due by 1/4/2023. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 10/25/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 10/26/2022)

RECAP
63 Dec. 12, 2022

MOTION to Compel Pl's Depo Testimony, to Impose Monetary Sanctions for Pl's Failure to Appear for his Depo, and to Extend Def Clawson's Dispositive Motion Deadline filed by Clawson. Responses due by 1/9/2023. Replies due by 1/23/2023. (Attachments: # 1 Memo of Points and Auth In Support, # 2 Declaration of Deputy Attorney General Cassandra J. Shryock in Support, # 3 Exhibit 1 to 4 to Decl of DAG Cassandra J. Shryock, # 4 Proposed Order)(Shryock, Cassandra) (Filed on 12/12/2022) (Entered: 12/12/2022)

RECAP
64 Dec. 12, 2022

NOTICE by Clawson of Unavailability of Defense Counsel (Shryock, Cassandra) (Filed on 12/12/2022) (Entered: 12/12/2022)

RECAP
65 Dec. 22, 2022

MOTION for Sanctions and Extension of Time filed by Shikeb Saddozai. Responses due by 1/19/2023. Replies due by 2/2/2023. (Attachments: # 1 Affidavit, # 2 Envelope, # 3 Certificate/Proof of Service)(hdj, COURT STAFF) (Filed on 12/22/2022) (Entered: 12/22/2022)

RECAP
66 Dec. 28, 2022

Second MOTION for Extension of Time to File Dispositive Motion filed by Clawson. (Attachments: # 1 Declaration of Shryock, # 2 Proposed Order)(Shryock, Cassandra) (Filed on 12/28/2022) (Entered: 12/28/2022)

RECAP
67 Jan. 9, 2023

ORDER GRANTING MOTION TO COMPEL DEPOSITION OF PLAINTIFF; GRANTING MOTIONFOR EXTENSION OF TIME TO FILE DISPOSITIVE MOTION by Judge Beth Labson Freeman. Dispositive Motion due by 3/27/2023. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 1/9/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 01/10/2023)

RECAP
68 Jan. 31, 2023

MOTION to Appoint Counsel filed by Shikeb Saddozai. (Attachments: # 1 Declaration, # 2 Envelope)(hdj, COURT STAFF) (Filed on 1/31/2023) (Entered: 01/31/2023)

RECAP
69 Jan. 31, 2023

MEMORANDUM in Support re 68 MOTION to Appoint Counsel filed byShikeb Saddozai. (Related document(s) 68 ) (hdj, COURT STAFF) (Filed on 1/31/2023) (Entered: 01/31/2023)

RECAP
70 Jan. 31, 2023

MOTION re 67 to take written deposition and objection to oral deposition filed by Shikeb Saddozai. Responses due by 2/28/2023. Replies due by 3/14/2023. (Attachments: # 1 Affidavit)(hdj, COURT STAFF) (Filed on 1/31/2023) (Entered: 01/31/2023)

RECAP
71 Jan. 31, 2023

CERTIFICATE OF SERVICE by Shikeb Saddozai re 69 Memorandum in Support, 68 MOTION to Appoint Counsel, 70 MOTION re 67 Order on Motion to Compel,, Order on Motion for Sanctions,, Order on Motion for Extension of Time to File, (hdj, COURT STAFF) (Filed on 1/31/2023) (Entered: 01/31/2023)

RECAP
72 Feb. 10, 2023

REQUEST for Subpoena by Shikeb Saddozai. (Attachments: # 1 Exhibit, # 2 Envelope)(wsn, COURT STAFF) (Filed on 2/10/2023) (Additional attachment(s) added on 2/17/2023: # 3 Certificate/Proof of Service) (wsn, COURT STAFF). (Entered: 02/17/2023)

RECAP
73 Feb. 28, 2023

MOTION for Extension of Time to File Opposition to Plaintiff's Motion for Written Deposition filed by Clawson. (Attachments: # 1 Declaration of Deputy Attorney General Cassandra Shryock in Support, # 2 Proposed Order)(Shryock, Cassandra) (Filed on 2/28/2023) (Entered: 02/28/2023)

RECAP
74 March 2, 2023

ORDER by Judge Beth Labson Freeman Granting 73 Motion for Extension of Time to File. Response due by 3/10/2023. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 3/2/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 03/03/2023)

RECAP
75 March 10, 2023

MOTION for Sanctions -- Ntc of Motion and Motion for Terminating and Monetary Sanctions for Pl's Repeated Failure to be Deposed and to Comply with Court Orders filed by Clawson. Responses due by 4/7/2023. Replies due by 4/21/2023. (Attachments: # 1 Memo of Points and Auth in Support, # 2 Declaration of Deputy Attorney General Cassandra J. Shryock in Support, # 3 Exhibit 1 to 4 to Decl of CJS, # 4 Proposed Order)(Shryock, Cassandra) (Filed on 3/10/2023) (Entered: 03/10/2023)

RECAP
76 March 10, 2023

OPPOSITION/RESPONSE (re 70 MOTION re 67 Order on Motion to Compel,, Order on Motion for Sanctions,, Order on Motion for Extension of Time to File, ) filed byClawson. (Shryock, Cassandra) (Filed on 3/10/2023) (Entered: 03/10/2023)

RECAP
77 March 21, 2023

MOTION to Stay Discovery Based on the Pendency of Defendant's Motion for Terminating Sanctions filed by Clawson. Responses due by 4/18/2023. Replies due by 5/2/2023. (Attachments: # 1 Proposed Order)(Shryock, Cassandra) (Filed on 3/21/2023) (Entered: 03/21/2023)

RECAP
78 March 24, 2023

MOTION to Compel filed by Shikeb Saddozai. Responses due by 4/21/2023. Replies due by 5/5/2023. (Attachments: # 1 Certificate/Proof of Service, # 2 Envelope)(hdj, COURT STAFF) (Filed on 3/24/2023) (Entered: 03/24/2023)

RECAP
79 March 24, 2023

AFFIDAVIT in Support re 78 MOTION to Compel filed byShikeb Saddozai. (Attachments: # 1 Certificate/Proof of Service)(Related document(s) 78 ) (hdj, COURT STAFF) (Filed on 3/24/2023) (Entered: 03/24/2023)

RECAP
80 March 27, 2023

OBJECTIONS to re 75 MOTION for Sanctions -- Ntc of Motion and Motion for Terminating and Monetary Sanctions for Pl's Repeated Failure to be Deposed and to Comply with Court Orders. (Attachments: # 1 Certificate/Proof of Service, # 2 Envelope)(hdj, COURT STAFF) (Filed on 3/27/2023) (Entered: 03/27/2023)

RECAP
81 April 13, 2023

OPPOSITION/RESPONSE (re 77 MOTION to Stay Discovery Based on the Pendency of Defendant's Motion for Terminating Sanctions ) filed byShikeb Saddozai. (Attachments: # 1 Envelope, # 2 Exhibit, # 3 Exhibit, # 4 Certificate/Proof of Service)(hdj, COURT STAFF) (Filed on 4/13/2023) (Entered: 04/13/2023)

RECAP
82 April 13, 2023

AFFIDAVIT in Support filed byShikeb Saddozai. (Attachments: # 1 Exhibit, # 2 Declaration)(hdj, COURT STAFF) (Filed on 4/13/2023) (Entered: 04/13/2023)

RECAP
83 April 21, 2023

REPLY (re 75 MOTION for Sanctions -- Ntc of Motion and Motion for Terminating and Monetary Sanctions for Pl's Repeated Failure to be Deposed and to Comply with Court Orders ) filed by Clawson. (Attachments: # 1 Supplemental Declaration of Deputy Attorney General Cassandra Shryock in Support, # 2 Exhibit 5 and 6 to Supplemental Declaration of DAG Cassandra J. Shryock)(Shryock, Cassandra) (Filed on 4/21/2023) Modified on 4/24/2023 (kmg, COURT STAFF). (Entered: 04/21/2023)

RECAP
84 April 21, 2023

OPPOSITION/RESPONSE (re 78 MOTION to Compel ) filed byClawson. (Shryock, Cassandra) (Filed on 4/21/2023) (Entered: 04/21/2023)

RECAP
85 June 28, 2023

OBJECTIONS to re 84 Opposition/Response to Motion, 83 Reply to Opposition/Response, by Shikeb Saddozai. (Attachments: # 1 Exhibit, # 2 Certificate/Proof of Service, # 3 Envelope)(hdj, COURT STAFF) (Filed on 6/28/2023) (Entered: 06/28/2023)

RECAP
86 Aug. 7, 2023

MOTION for Order filed by Shikeb Saddozai. Responses due by 9/5/2023. Replies due by 9/19/2023. (Attachments: # 1 Certificate/Proof of Service, # 2 Certificate/Proof of Service)(hdj, COURT STAFF) (Filed on 8/7/2023) (Entered: 08/09/2023)

RECAP
87 Aug. 22, 2023

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL OR GUARDIAN AD LITEM by Judge Beth Labson Freeman Denying 68 Motion to Appoint Counsel. (tsh, COURT STAFF) (Filed on 8/22/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 8/23/2023: # 1 Certificate/Proof of Service) (tsh, COURT STAFF). (Entered: 08/22/2023)

RECAP
88 Aug. 23, 2023

ORDER DENYING MOTION FOR WRITTEN DEPOSITION; DENYING MOTION FOR TERMINATION SANCTIONS WITHOUT PREJUDICE; ADDRESSING PENDING MOTIONS by Judge Beth Labson Freeman. Denying 70 Motion ; Denying 75 Motion for Sanctions; Denying 77 Motion to Stay; Denying 78 Motion to Compel; Denying 86 Motion. Defendant shall properly notice Plaintiff for an in-person oral deposition at a date no later than forty-two (42) days from the date this order. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 8/23/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 08/23/2023)

RECAP
89 Oct. 4, 2023

NOTICE by Clawson of Intent to Renew Motion for Terminating Sanctions and to Seek Further Monetary Sanctions (Shryock, Cassandra) (Filed on 10/4/2023) (Entered: 10/04/2023)

RECAP
90 Oct. 6, 2023

ORDER GRANTING LEAVE TO FILE RENEWED MOTION FOR TERMINATING AND MONETARY SANCTIONS; SETTING BRIEFING SCHEDULE. Signed by Judge Beth Labson Freeman on 10/6/2023. Motion due by 10/18/2023. (tsh, COURT STAFF) (Filed on 10/6/2023)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Additional attachment(s) added on 10/10/2023: # 1 Certificate/Proof of Service) (tsh, COURT STAFF). (Entered: 10/06/2023)

RECAP
91 Oct. 18, 2023

MOTION for Sanctions -- Def Clawson's Ntc of Motion and Renewed Motion for Terminating and Monetary Sanctions for Pl's Repeated, Willful Refusal to be Deposed filed by Clawson. Responses due by 11/15/2023. Replies due by 11/29/2023. (Attachments: # 1 Declaration of Deputy Attorney General Cassandra J. Shryock in Support, # 2 Exhibit 1 to 5 to Decl of Deputy Attorney General Cassandra J. Shryock, # 3 Proposed Order)(Shryock, Cassandra) (Filed on 10/18/2023) (Entered: 10/18/2023)

Clearinghouse
92 Nov. 14, 2023

OPPOSITION/RESPONSE (re 91 MOTION for Sanctions -- Def Clawson's Ntc of Motion and Renewed Motion for Terminating and Monetary Sanctions for Pl's Repeated, Willful Refusal to be Deposed ) filed byShikeb Saddozai. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Certificate/Proof of Service, # 4 Certificate/Proof of Service)(hdj, COURT STAFF) (Filed on 11/14/2023) (Additional attachment(s) added on 11/14/2023: # 5 Envelope) (hdj, COURT STAFF). (Entered: 11/14/2023)

RECAP
93 Nov. 29, 2023

REPLY (re 91 MOTION for Sanctions -- Def Clawson's Ntc of Motion and Renewed Motion for Terminating and Monetary Sanctions for Pl's Repeated, Willful Refusal to be Deposed ) filed byClawson. (Shryock, Cassandra) (Filed on 11/29/2023) (Entered: 11/29/2023)

RECAP
94 June 17, 2024

ORDER GRANTING MOTION FOR TERMINATING SANCTIONS by Judge Beth Labson Freeman. Granting 91 Motion for Sanctions. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 6/17/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 06/17/2024)

RECAP
95 June 17, 2024

JUDGMENT. Signed by Judge Beth Labson Freeman on 6/17/2024. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 6/17/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 06/17/2024)

Clearinghouse
96 July 11, 2024

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Shikeb Saddozai. Appeal of Judgment, 95 (IFP Request was previously e-filed with the Court). USCA Case Number 24-4305 (ark, COURT STAFF) (Filed on 7/11/2024) Modified on 7/16/2024 (ecg, COURT STAFF). (Entered: 07/12/2024)

RECAP
97 July 16, 2024

USCA Docketing Notice and Time Schedule Order. USCA Case Number 24-4305 for 96 Notice of Appeal to the Ninth Circuit filed by Shikeb Saddozai. (ecg, COURT STAFF) (Filed on 7/16/2024) (Entered: 07/16/2024)

RECAP
98 July 17, 2024

REFERRAL NOTICE of USCA as to 96 Notice of Appeal to the Ninth Circuit, filed by Shikeb Saddozai. This matter is referred to the district court for the limited purposed of determining whether in forma pauperis should continue for this appeal or whether the appeal is frivolous or taken in bad faith. (ecg, COURT STAFF) (Filed on 7/17/2024) (Entered: 07/17/2024)

RECAP
99 July 18, 2024

ORDER REVOKING IN FORMA PAUPERIS STATUS ON APPEAL. Signed by Judge Beth Labson Freeman on 7/18/2024. (Attachments: # 1 Certificate/Proof of Service)(tsh, COURT STAFF) (Filed on 7/18/2024)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF) (Entered: 07/18/2024)

RECAP
100 Sept. 20, 2024

Letter 9/15/24 Shikeb Saddozai. (Attachments: # 1 Envelope)(hdj, COURT STAFF) (Filed on 9/20/2024) (Entered: 09/20/2024)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Criminal Justice (Other)

Prison Conditions

Key Dates

Filing Date: Sept. 11, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A prisoner at San Quentin State Prison.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MacArthur Justice Center

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Correctional Officer

Defendant Type(s):

Law-enforcement

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Other Dockets:

Northern District of California 5:18-cv-05558

U.S. Court of Appeals for the Ninth Circuit 20-17519

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Grievance procedures

Recommended Citation