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Case: Gates v. Deukmejian

2:87-cv-01636 | U.S. District Court for the Eastern District of California

Filed Date: Nov. 20, 1987

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On November 20, 1987, prisoners incarcerated at the California Medical Facility at Vacaville (CMF) and at the Northern Reception Center (NRC) filed a class action lawsuit under 42 U.S.C. § 1983 against CMF, NRC and the State of California in the U.S. District Court for the Eastern District of California, Sacramento Division. The plaintiffs, represented by the Prison Law Office, the American Civil Liberties Union, and private counsel, asked the court for declaratory and injunctive relief, alleg…

On November 20, 1987, prisoners incarcerated at the California Medical Facility at Vacaville (CMF) and at the Northern Reception Center (NRC) filed a class action lawsuit under 42 U.S.C. § 1983 against CMF, NRC and the State of California in the U.S. District Court for the Eastern District of California, Sacramento Division. The plaintiffs, represented by the Prison Law Office, the American Civil Liberties Union, and private counsel, asked the court for declaratory and injunctive relief, alleging constitutionally deficient medical and psychiatric care at CMF and NRC. Further, the plaintiffs alleged that the conditions of confinement, including overcrowding and lack of wheelchair access, were unconstitutional, in violation of the Eighth and Fourteenth amendments.

A two month trial began on September 11, 1989. On October 24, 1989, the United States filed a complaint in intervention, alleging many of the same deficiencies. And, in November, the parties began serious settlement negotiations. The negotiations resulted in a consent decree in which the defendants agreed to make many changes in the care and treatment of prisoners, including the AIDS subclass, without admission of wrongdoing or a court determination that changes were legally required. Specifically, the consent decree contained provisions respecting medical care issues, medical disability issues, mental health issues, AIDS, and general conditions issues including, among other things, law library access, housing assignments, sanitation, staffing, and exercise and emergency procedures. The consent decree also provided for its implementation. The Court approved the decree in Jan. 1990, and awarded the plaintiffs significant attorneys' fees. The defendants appealed the fee award.

On October 6, 1992, the Ninth Circuit Court of Appeals (Judge Herbert Young Cho Choy) affirmed in part and reversed in part the District Court's attorneys' fees award. Gates v. Deukmejian, 977 F.2d 1300 (9th Cir. 1992). The Court held that certain methods the District Court used to calculate attorneys' fees constituted an abuse of discretion. On March 2, 1993, the Court amended on denial of rehearing. Gates v. Deukmejian, 987 F.2d 1392 (9th Cir. 1993).

After the defendants appealed the District Court's order interpreting the consent decree, and the plaintiffs cross-appealed, on November 4, 1994, the Ninth Circuit (Judge Procter Hug, Jr.) affirmed in part and reversed in part. Gates v. Rowland, 39 F.3d 1440 (9th Cir. 1994). Specifically, the Court held that staffing adequacy should be determined from a correctional perspective, that denying HIV+ inmates access to food service jobs did not violate the Rehabilitation Act, and that the District Court's award of attorneys' fees was not an abuse of discretion.

On August 3, 1995, the Ninth Circuit (Judge Hug) held that the District Court had jurisdiction to issue various enforcement orders, did not abuse its discretion with respect to medical enforcement orders, and was warranted in granting attorneys' fees; however, the Court held that the District Court did abuse its discretion with respect to its rejection of the use of gun to prevent imminent substantial property damages. Gates v. Gomez, 60 F.3d 525 (9th Cir. 1995).

On April 8, 1996, the Ninth Circuit (Judge Mary M. Schroeder) affirmed in part and reversed in part the District Court's award of attorneys' fees. Gates v. Shinn, 82 F.3d 422 (9th Cir. 1996).

On July 22, 1996, the District Court (Judge Karlton) denied the defendants' motion to terminate relief the Court had previously ordered.

After the defendants appealed the District Court's entrance of a civil contempt order against them for failing to provide sufficient medical evaluation and treatment for all inmates, on October 16, 1996, the Ninth Circuit (Judge Kleinfeld) vacated and remanded, finding that the consent decree was too vague with respect to the appropriate level of treatment to warrant a contempt order. Gates v. Shinn, 98 F.3d 463 (9th Cir. 1996).

As described in Coleman v. Schwarzenegger, 2007 WL 2695344 (E.D. Cal. Sept. 11, 2007), in December 1998, the parties entered a stipulation to dismiss this action, and to transition remaining issues into Coleman v. Wilson, PC-CA-0002 in this Clearinghouse. See Stipulation and Order Amending Plaintiff Class and Application of Remedy in Coleman, filed December 24, 1998.

Summary Authors

Josh Altman (11/4/2006)

Related Cases

U.S. v. California, Eastern District of California (1989)

Coleman v. Brown, Eastern District of California (1990)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9463456/parties/pc-gates-v-gomez/


Judge(s)

Choy, Herbert Young Cho (Hawaii)

Farris, Joseph Jerome (Washington)

Goodwin, Alfred Theodore (California)

Hug, Procter Ralph Jr. (Nevada)

Karlton, Lawrence K. (California)

Kleinfeld, Andrew Jay (Alaska)

Kozinski, Alex (California)

Moulds, John F. (California)

Nelson, Dorothy Wright (California)

Rymer, Pamela Ann (California)

Judge(s)

Choy, Herbert Young Cho (Hawaii)

Farris, Joseph Jerome (Washington)

Goodwin, Alfred Theodore (California)

Hug, Procter Ralph Jr. (Nevada)

Karlton, Lawrence K. (California)

Kleinfeld, Andrew Jay (Alaska)

Kozinski, Alex (California)

Moulds, John F. (California)

Nelson, Dorothy Wright (California)

Rymer, Pamela Ann (California)

Schroeder, Mary Murphy (Arizona)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Coles, Matthew A. (California)

Di Donato, Paul A. (California)

George, Warren E. Jr. (California)

Greco, Cynthia Jo (California)

Magorian, Christopher C. (California)

Miller, Samuel R. (California)

Rosen, Sanford Jay (California)

Specter, Donald H. (California)

Attorneys(s) for Defendant

Ching, James (California)

Crown, Allen Robert (California)

Cuneo, James B. (California)

Donhoff, John G. Jr. (California)

Flynn, James Edmund (California)

Iglehart, Richard B. (California)

Murphy, Millard (California)

Santoki, Michael Allen (California)

Siggins, Peter J. (California)

Van de Kamp, John K. (California)

White, Steve (California)

Other Attorney(s)

Hansen, Ann M. (California)

Documents in the Clearinghouse

Document

2:87-cv-01636

Docket (PACER)

Gates v. Gomez

Aug. 2, 1999

Aug. 2, 1999

Docket

2:87-cv-01636

Amended Complaint - Class Action

Jan. 5, 1988

Jan. 5, 1988

Complaint

2:87-cv-01636

Order

July 27, 1988

July 27, 1988

Order/Opinion

2:87-cv-01636

Complaint in Intervention of Plaintiffs in Gates v. Deukmejian, in U.S. v. California

Oct. 24, 1989

Oct. 24, 1989

Complaint

2:87-cv-01636

Notice of Settlement

Dec. 1, 1989

Dec. 1, 1989

Pleading / Motion / Brief

2:87-cv-01636

Consent Decree

Dec. 8, 1989

Dec. 8, 1989

Order/Opinion

91-15270

Opinion

U. S. Court of Appeals for the Ninth Circuit

March 11, 1992

March 11, 1992

Order/Opinion

91-15270

Reported Opinion

U. S. Court of Appeals for the Ninth Circuit

March 2, 1993

March 2, 1993

Order/Opinion

91-16702

91-16780

93-15363

93-16136

Reported Opinion

Gates v. Rowland

U. S. Court of Appeals for the Ninth Circuit

Nov. 4, 1994

Nov. 4, 1994

Order/Opinion

94-17146

Opinion

Gates v. Shinn

U. S. Court of Appeals for the Ninth Circuit

June 14, 1995

June 14, 1995

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9463456/pc-gates-v-gomez/

Last updated Dec. 1, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
365

MINUTES of 5-7-90, of CCPOA's motion to intervene DENIED. Deft to prepare ord w/i 10dys after transcript. (old) (Entered: 05/10/1990)

May 7, 1990

May 7, 1990

PACER
366

NOTICE by defendant Ron Shinn of w/d of defts obj to taxing costs. (old) (Entered: 05/21/1990)

May 14, 1990

May 14, 1990

PACER
367

REPORTERS TRANSCRIPT of 5/7/90. (old) (Entered: 05/22/1990)

May 15, 1990

May 15, 1990

PACER
368

ORDER by Honorable Lawrence K. Karlton setting hearing on motion for attorney fees [0-1] 10:00 6/25/90 ; Defts to file & serve resp to apple by 6-6-90; Pltf's to file & serve reply to defts resp by 6-18-90. (cc: all counsel) (old) (Entered: 05/26/1990)

May 21, 1990

May 21, 1990

PACER
369

CERTIFIED COPY of judgment from USCA ; AFFIRMED. (old) (Entered: 05/26/1990)

May 21, 1990

May 21, 1990

PACER

MOTION by plaintiff Jay Lee Gates for attorney fees (old)

May 21, 1990

May 21, 1990

PACER
370

PROOF OF SERVICE by defendant Ron Shinn of order [368-1] (old) (Entered: 05/31/1990)

May 23, 1990

May 23, 1990

PACER
371

ORDER by Honorable Lawrence K. Karlton; GRANTING cont. of hrg frm 6/25/990 to 8/13/90 @ 10:00am LKK; Defts oppo by 7/25/90; Pltfs reply by 8/6/90. (cc: all counsel) (old) (Entered: 06/07/1990)

June 4, 1990

June 4, 1990

PACER
372

OPPOSITION by plaintiff Jay Lee Gates to Defts req for add time to resp to pltf's attys fee appl and cont hrng. (old) (Entered: 06/07/1990)

June 4, 1990

June 4, 1990

PACER
373

DECLARATION of Sanford Jay Rosen in oppo to defts req for add time resp atty fee appl & cont. (old) (Entered: 06/07/1990)

June 4, 1990

June 4, 1990

PACER
374

PROOF OF SERVICE by defendant Ron Shinn of order [371-1] (old) (Entered: 06/12/1990)

June 7, 1990

June 7, 1990

PACER
375

ORDER by Honorable Lawrence K. Karlton; Application to interven by CCPOA DENIED. (cc: all counsel) (old) (Entered: 07/03/1990)

June 28, 1990

June 28, 1990

PACER
376

EXHIBIT by plaintiff Jay Lee Gates (UNDER SEAL) (old) (Entered: 07/06/1990)

July 6, 1990

July 6, 1990

PACER
377

PROOF OF SERVICE by defendant Ron Shinn of order [375-1] (old) (Entered: 07/11/1990)

July 9, 1990

July 9, 1990

PACER
378

SUPPLEMENTAL MEMORANDUM of P&A's by plaintiff Jay Lee Gates in support of motion for attorney fees [0-1] (old) (Entered: 07/13/1990)

July 11, 1990

July 11, 1990

PACER
379

DECLARATION of Samuel R. Miller re motion for attorney fees [0-1] (old) (Entered: 07/13/1990)

July 11, 1990

July 11, 1990

PACER
380

SUPPLEMENTAL DECLARATION of Michael W. Bien re motion for attorney fees [0-1] (old) (Entered: 07/13/1990)

July 11, 1990

July 11, 1990

PACER
381

DECLARATION of David B. Baum re motion for attorney fees [0-1] (old) (Entered: 07/13/1990)

July 11, 1990

July 11, 1990

PACER
382

DECLARATION of Tina A. Thomas re motion for attorney fees [0-1] (old) (Entered: 07/13/1990)

July 11, 1990

July 11, 1990

PACER
383

MOTION by plaintiff Jay Lee Gates for attorney fees set for 8/13/90 @ 10:00am LKK. (old) (Entered: 07/17/1990)

July 16, 1990

July 16, 1990

PACER
384

DECLARATION of Sanford Jay Rosnen re motion for attorney fees [383-1] (old) (Entered: 07/17/1990)

July 16, 1990

July 16, 1990

PACER
442

MEMORANDUM by plaintiff Jay Lee Gates in support of motion for attorney fees [383-1] (old) (Entered: 12/20/1990)

July 16, 1990

July 16, 1990

PACER
385

MEMORANDUM of pts and auth by defendant in opposition to motion for attorney fees [383-1]; set for 8/13/90 @ 10:00 bef LKK (old) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
386

Separate APPENDIX, Volume I, by defendant in opposition to motion for attorney fees [383-1] (old) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
387

Separate APPENDIX, Volume II, by defendant in opposition to motion for attorney fees [383-1] (old) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
388

Separate APPENDIX, Volume III, by defendant in opposition to motion for attorney fees [383-1] (old) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
389

Separate APPENDIX, Volume IV, by defendant in opposition to motion for attorney fees [383-1] (old) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
390

Separate APPENDIX, Volume V, Part 1, by defendant in opposition to motion for attorney fees [383-1] (old) Modified on 07/26/1990 (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
391

Separate APPENDIX, Volume V, Part 2, by defendant in opposition to motion for attorney fees [383-1] (old) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
392

Separate APPENDIX, Volume V, Part 3, by defendant in opposition to motion for attorney fees [383-1] (old) (Entered: 07/26/1990)

July 25, 1990

July 25, 1990

PACER
393

MEMORANDUM by defendant Ron Shinn in opposition to motion for attorney fees [383-1] (old) (Entered: 07/31/1990)

July 30, 1990

July 30, 1990

PACER
394

LETTER to LKK fr DAG Cuneo re: request meeting w/Judge and parties re addressing issues of mediation ect. (old) (Entered: 08/06/1990)

Aug. 3, 1990

Aug. 3, 1990

PACER
395

REPLY by plaintiff Jay Lee Gates to defendant's opposition to plaintiffs application for attorney's fees and costs. (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
396

DECLARATION by Ruth T. Fridhandler in support of motion for attorneys fees attorney fees [383-1] (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
397

SECOND DECLARATION of Jay-Allen Eisen in support of plaintiff's application for attorney's fees. (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
398

SECOND DECLARATION of Sanford Jay Rosen in support of plaintiff's application for attorney's fees. (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
399

SECOND DECLARATION of Matthew A. Coles in support of plaintiff's motion for attorney's fees (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
400

SECOND DECLARATION of Donald Specter in support of application for attorney's fees. (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
401

SECOND DECLARATION of Warren E. George in support of plaintiff's application for attorney's fees. (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
402

THIRD DECLARATION of Michael W. Bien in support of plaintiff's application for attorney's fees and costs. (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
403

APPENDIX by plaintiff Jay Lee Gates of material in support of reply concerning plaintiff's application for attorney's fees. (old) (Entered: 08/07/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
404

LETTER to court from counsel for plaintiff Jay Lee Gates re reply brief & supporting documents sent by overnight express; and requesting that both parties be allowed 20 minutes for oral argument at the 8/27 hearing (old) (Entered: 08/13/1990)

Aug. 7, 1990

Aug. 7, 1990

PACER
405

STIPULATION and ORDER by Honorable Lawrence K. Karlton : taxing of costs of $94,185.35 (Returned to attorney Herr for service) (old) (Entered: 08/13/1990)

Aug. 9, 1990

Aug. 9, 1990

PACER
406

REPLY by plaintiff Jay Lee Gates to response to motion for attorney fees [383-1] (old) (Entered: 08/13/1990)

Aug. 9, 1990

Aug. 9, 1990

PACER
407

DECLARATION of Sanford Jay Rosen in support of motion reply [406-1] (old) (Entered: 08/13/1990)

Aug. 9, 1990

Aug. 9, 1990

PACER
408

PROOF OF SERVICE by defendant Ron Shinn of judgment taxing costs. (old) (Entered: 08/15/1990)

Aug. 13, 1990

Aug. 13, 1990

PACER
409

LETTER to court from Jerman C. Arnold a witness in the Gates trial indicating that he has been threathened because he had testified. (old) (Entered: 08/15/1990)

Aug. 13, 1990

Aug. 13, 1990

PACER
410

NOTICE of Filing Signed Declaration of Dan Stormer by plaintiff Jay Lee Gates (old) (Entered: 08/21/1990)

Aug. 16, 1990

Aug. 16, 1990

PACER
411

DECLARATION Dan Stormer in Support of Plaintiffs' Application for attorney fees [383-1] (old) (Entered: 08/21/1990)

Aug. 16, 1990

Aug. 16, 1990

PACER
419

MINUTES of plfts mtn for atty fees that the motion for attorney fees [383-1] is submitted and mtn for order to establish procedures to collect fees is submitted. (old) (Entered: 09/04/1990)

Aug. 27, 1990

Aug. 27, 1990

PACER
412

PROPOSED ORDER AWARDING INTERIM FEE by plaintiff Jay Lee Gates to be heard 8/27/90 @10:00 bef LKK (old) (Entered: 08/29/1990)

Aug. 28, 1990

Aug. 28, 1990

PACER
413

ORDER AWARDING INTERIM FEE by Honorable Lawrence K. Karlton (cc: all counsel) dft is ordered to pay plfts $100,000.00 with lawful interest accruing commencing this date. Dfts will be liable for payment of further attys fees and costs for merits work to be determined by this court, and for fees work upon later application and proof of plfts. (old) (Entered: 08/29/1990)

Aug. 28, 1990

Aug. 28, 1990

PACER
414

PROPOSED ORDER AWARDING PLFTS COSTS AND DISBURSEMENTS by plaintiff Jay Lee Gates to be heard 8/27/90 @10:00 bef LKK (old) (Entered: 08/29/1990)

Aug. 28, 1990

Aug. 28, 1990

PACER
415

ORDER AWARDING PLFTS COSTS AND DISBURSEMENTS dft is ordered to pay plfts $253.429.42 in out-of-pocket costs and disbursements, with lawful interest accruing commencing this date. (cc: all counsel) (old) (Entered: 08/29/1990)

Aug. 28, 1990

Aug. 28, 1990

PACER
416

LETTER to court from defendant re attorneys fees (old) (Entered: 08/31/1990)

Aug. 30, 1990

Aug. 30, 1990

PACER
417

LETTER to court from plaintiff's attorney re response to James Flynn's letter of 7/20/90. (old) (Entered: 08/31/1990)

Aug. 30, 1990

Aug. 30, 1990

PACER
418

REPORTER'S TRANSCRIPT OF PROCEEDINGS of 8/27/90 (old) (Entered: 08/31/1990)

Aug. 30, 1990

Aug. 30, 1990

PACER
420

LETTER to LKK fr S. Rosen re: court reviewing rec and accepting pltfs lodestar w/discrete billing and judgts and a 10% or less reduction w/out engaging in a line by line acct; crt should issue an ord awarding fees ect. (old) (Entered: 09/05/1990)

Aug. 31, 1990

Aug. 31, 1990

PACER
421

PROOF OF SERVICE by plaintiff of order [415-1], order [413-1] (old) (Entered: 09/07/1990)

Sept. 5, 1990

Sept. 5, 1990

PACER
422

LETTER to court from defendants atty DAG Flynn re: attys fees and costs. (old) (Entered: 09/12/1990)

Sept. 6, 1990

Sept. 6, 1990

PACER
423

SUPPLEMENTAL DECLARTION of James Flynn by defendant Ron Shinn (old) (Entered: 09/17/1990)

Sept. 11, 1990

Sept. 11, 1990

PACER
424

RESPONSE by plaintiff to suppl decl of James E. Flynn (old) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

PACER
425

OPPOSITION by plaintiff to dfts req for reconsideration and modification of o awarding costs and expenses (old) (Entered: 09/24/1990)

Sept. 21, 1990

Sept. 21, 1990

PACER
426

ORDER by Honorable Lawrence K. Karlton Relating cases; 88-568 MLS JFM has been reassigned to 88-568 LKK JFM; all dates are vacated. (cc: all counsel) (old) (Entered: 09/28/1990)

Sept. 26, 1990

Sept. 26, 1990

PACER
428

MAIL Returned order 9/25/90 [426-1] to James Camarillo (old) (Entered: 10/10/1990)

Oct. 3, 1990

Oct. 3, 1990

PACER
427

NOTICE by plaintiff of substitution (old) (Entered: 10/10/1990)

Oct. 4, 1990

Oct. 4, 1990

PACER
429

MAIL Returned [426-1] addressed to plaintiff Jay Lee Gates (old) (Entered: 10/12/1990)

Oct. 9, 1990

Oct. 9, 1990

PACER
432

REQUEST by defendant for reconsideration and modification of order awarding costs and expenses (old) (Entered: 11/01/1990)

Oct. 26, 1990

Oct. 26, 1990

PACER

LODGED dfts req for reconsideration and modifiction of order awarding costs and expenses to be signed (old)

Oct. 26, 1990

Oct. 26, 1990

PACER
430

APPLICATION by plaintiff for reconsideration and modification of order awarding interim fee to plfts (old) (Entered: 11/01/1990)

Oct. 31, 1990

Oct. 31, 1990

PACER
431

DECLARATION of Sanford Jay Rosen re application [430-1] (old) (Entered: 11/01/1990)

Oct. 31, 1990

Oct. 31, 1990

PACER

LODGED order supplement to 8/27/90 order awarding interim fee to be signed by judge (old)

Oct. 31, 1990

Oct. 31, 1990

PACER
433

LETTER to court from Mediator Allen Breed enclosing mediators first rpt concerning the status of impelmentation of the provisions of the decree (old) (Entered: 11/01/1990)

Nov. 1, 1990

Nov. 1, 1990

PACER
434

NOTICE by defendant Ron Shinn of objections to mediators 2nd progress rpt on implementation of the consent decree and mtn for order that mediators finding not be enforced (old) (Entered: 12/07/1990)

Dec. 4, 1990

Dec. 4, 1990

PACER
435

LETTER to court from John W. Cummings who is a member of the plft class requesting to meet with the mediator, and that clk send this ltr to the mediator and one copy back to plft (old) (Entered: 12/07/1990)

Dec. 4, 1990

Dec. 4, 1990

PACER
436

ORDER by Honorable Lawrence K. Karlton granting application for reconsideration [430-1], granting request for reconsideration [432-1], granting motion for attorney fees [383-1] (cc: all counsel) (old) (Entered: 12/10/1990)

Dec. 5, 1990

Dec. 5, 1990

PACER
437

ORDER by Honorable Lawrence K. Karlton ordering that the mediators recommendations are adopted in full: 1) the mediators 1st progress rpt is accepted as representing dfts status in implementing the provisions of the consent degree; 2) dfts are cautioned to meet all reporting requirements or risk appropriate sanctions; 3) the ptys shall expeditiously agree on plans, programs, and standards of service required by the decree; and, 4) the revised dates for submission of plans, rpts, and analysis as set forth in the sum section of the rpt are approved (cc: all counsel) (old) (Entered: 12/10/1990)

Dec. 5, 1990

Dec. 5, 1990

PACER
439

LETTER to court from defendant Ron Shinn signed by DAG - Flynn re atty fees (old) (Entered: 12/11/1990)

Dec. 5, 1990

Dec. 5, 1990

PACER
438

ORDER by Honorable Lawrence K. Karlton establishing procedures for collecting attys fees and costs during the pendency of the consent decree (cc: all counsel) (old) (Entered: 12/10/1990)

Dec. 10, 1990

Dec. 10, 1990

PACER
440

EX PARTE MOTION by plaintiff Jay Lee Gates for temporary restraining order (old) (Entered: 12/14/1990)

Dec. 11, 1990

Dec. 11, 1990

PACER
441

MOTION by plaintiff Jay Lee Gates for corrections of clerical errors filed 12/12/90. (old) (Entered: 12/19/1990)

Dec. 12, 1990

Dec. 12, 1990

PACER
443

MAIL Returned order 12/5/90 [437-1] addressed to plaintiff Jay Lee Gates (old) (Entered: 12/20/1990)

Dec. 17, 1990

Dec. 17, 1990

PACER
445

LETTER to court signed by Allen F. Breed, mediator re agreements (old) (Entered: 12/28/1990)

Dec. 17, 1990

Dec. 17, 1990

PACER
444

ORDER by Honorable Lawrence K. Karlton granting motion for attorney fees sum $5,627,399.66. Plaintiff's request for reconsideration granted re order 8/27/90. Defendants' request for reconsideration granted re reimbursement for costs [0-1] (cc: all counsel) (old) (Entered: 12/27/1990)

Dec. 18, 1990

Dec. 18, 1990

PACER

LODGED application of Brobeck, Phleger & Harrison for leave to w/draw as co counsel for plfts; proposed order approving w/drawal and ntc of sub of cnsl (kh)

Dec. 21, 1990

Dec. 21, 1990

PACER
446

MOTION by Charles E. Puett to add newly received evidence to emergency mtn in ex parte filed 12/11/90 seeking tro (old) (Entered: 01/02/1991)

Dec. 26, 1990

Dec. 26, 1990

PACER
447

MAIL Returned amd cmp [444-1] addressed to plaintiff Jay Lee Gates (old) (Entered: 01/03/1991)

Jan. 2, 1991

Jan. 2, 1991

PACER
448

STATEMENT by defendant Ron Shinn of non-objection in support of mediators 2nd progress rpt letter [445-1] (old) (Entered: 01/03/1991)

Jan. 2, 1991

Jan. 2, 1991

PACER
449

NOTICE OF APPEAL by defendant Ron Shinn from Dist. Court decision [436-1] ( fee status: wv) (old) (Entered: 01/04/1991)

Jan. 3, 1991

Jan. 3, 1991

PACER
450

NOTICE OF APPEAL by defendants from Dist. Court decision, [436-1] ( fee status: wv) (old) Modified on 02/08/1991 (Entered: 01/04/1991)

Jan. 3, 1991

Jan. 3, 1991

PACER
451

LETTER to court from mediator Allen F. Breed revising 2nd progress rpt (old) (Entered: 01/04/1991)

Jan. 4, 1991

Jan. 4, 1991

PACER
452

OBJECTIONS by defendant Ron Shinn to lodged application for w/drawal and substitution of plfts cnsl [0-1] req to show cause issue (old) (Entered: 01/09/1991)

Jan. 8, 1991

Jan. 8, 1991

PACER

LODGED proposed order deferring ruling of application to w/draw and substitute cnsl and order to show cause re application to be signed (old)

Jan. 8, 1991

Jan. 8, 1991

PACER
455

NTC OF MTN AND MOTION by plaintiff Jay Lee Gates for attorney fees to be heard 3/4/91 @ 10:00 bef LKK (old) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER
456

MEMORANDUM by plaintiff Jay Lee Gates in support of motion for attorney fees [455-1] to be heard 3/4/91 @ 10:00 bef LKK (old) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER
457

DECLARATION of Michael W. Bien re motion for attorney fees [455-1] to be heard 3.4.91 @ 10:00 bef LKK (old) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER
458

DECLARATION of Donald Specter re motion for attorney fees [455-1] to be heard 3.4.91 @ 10:00 bef LKK (old) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER
459

DECLARATION of Warren George re motion for attorney fees [455-1] to be heard 3/4/91 @ 10:00 bef LKk (old) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER
460

DECLARATION of John W. Keker re motion for attorney fees [455-1] to be heard 3/4/91 @ 10:00 bef LKK (old) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER
461

DECLARATION of Brad Seligman re motion for attorney fees [455-1] to be heard 3/4/91 @ 10:00 bef LKK (old) (Entered: 01/10/1991)

Jan. 9, 1991

Jan. 9, 1991

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 20, 1987

Closing Date: 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Citizens of the United States presently confined at CMF and at NRC.

Attorney Organizations:

Prison Law Office

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Medical Facility at Vacaville (Vacaville), State

Northern Reception Center, State

State of California, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - 1998

Issues

General:

Bathing and hygiene

Classification / placement

Counseling

Disciplinary procedures

Disciplinary segregation

Law library access

Recreation / Exercise

Restraints : physical

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

HIV/AIDS

Medical care, general

Mental health care, general

Suicide prevention