Case: Clark v. California

3:96-cv-01486 | U.S. District Court for the Northern District of California

Filed Date: April 22, 1996

Case Ongoing

Clearinghouse coding complete

Case Summary

On April 22, 1996, two prisoners with developmental disabilities, incarcerated within facilities run by the California Department of Corrections (CDC), filed a class action lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act (RA), against the State of California, its Governor, CDC and prison officials. The plaintiffs, represented by the Prison Law Office, the Disability Rights an…

On April 22, 1996, two prisoners with developmental disabilities, incarcerated within facilities run by the California Department of Corrections (CDC), filed a class action lawsuit in the U.S. District Court for the Northern District of California under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and the Rehabilitation Act (RA), against the State of California, its Governor, CDC and prison officials. The plaintiffs, represented by the Prison Law Office, the Disability Rights and Education Defense Fund, and private counsel, asked the court for declaratory, injunctive, and monetary relief, alleging that the defendants violated their rights under the Equal Protection Clause, Americans with Disabilities Act, and Section 504 of the Rehabilitation Act. Specifically, the plaintiffs claimed that the defendants discriminated against them because of their disabilities, that their living conditions constituted cruel and unusual punishment, and that the defendants had deprived them of due process. The plaintiffs alleged that the defendants’ practice of confining prisoners with developmental disabilities in state prisons without offering sufficient protection from the general prison population was cruel and unusual punishment. Additionally, the plaintiffs alleged that the defendants failed to provide accommodations required to allow the plaintiffs the same benefits and program participation opportunities afforded to non-developmentally disabled prisoners.

On October 1, 1996, Judge Fern M. Smith denied the defendants' motions to dismiss the Rehabilitation Act, ADA, equal protection and Eighth Amendment claims and granted, in part, the defendants' motion to dismiss the due process claims, allowing the plaintiffs to amend their complaint with respect to the due process claim. The defendants appealed. Clark v. State, 1996 WL 628221 (N.D. Cal. Oct. 1, 1996).

On February 26, 1997, Judge Smith certified a class consisting of all present and future individuals with developmental disabilities under the control of the CDC. In January 1998, the plaintiffs filed an amended complaint adding additional plaintiffs. Extensive discovery followed.

On May 11, 1998, Judge Smith granted in part and denied in part the State defendants' motion for summary judgment. Judge Smith granted summary judgment on and dismissed the equal protection claims, and denied motions with respect to exhaustion of administrative and state remedies as well as for standing. Judge Smith also denied the defendants' motion to decertify the class. Clark v. State of Calif., 1998 WL 242688 (N.D. Cal. May 11, 1998).

Prior to the scheduled trial date, the parties engaged in negotiations under the supervision of Judge Eugene Lynch. The negotiations resulted in an interim agreement and stipulation that was filed on July 20, 1998. The interim agreement provided for, among other things, improved education, vocational programs, medical care, housing, and staff assistance for inmates with developmental disabilities. This plan was subject to negotiations between the parties and evaluation by court appointed experts.

On August 18, 1998, Judge Smith appointed Peter Leone, Ph.D., and Melissa G. Warren, Ph.D. to be the court's experts to evaluate the defendants' compliance with the agreement, and filed a settlement agreement, implementing the interim agreement subject to monitoring by the plaintiffs' counsel and evaluation by the court's experts.

On October 9, 1998, Judge Smith entered judgment in favor of the plaintiffs in the amount of $2.8 million for attorneys' fees for all work performed before the execution of the interim agreement and stipulation.

Between December 1999 and February 2002, other district court Judges Charles R. Breyer and Phyllis J. Hamilton approved various amendments to the settlement agreement. In March 2002, the CDC issued a comprehensive remedial plan which was adopted by the court. The remedial plan included detailed policies and procedures to assure identification, appropriate classification, housing, protection and nondiscrimination of prisoners/parolees with developmental disabilities.

On December 3, 2001, the parties signed a settlement agreement granting relief to the plaintiff class. The defendants admitted "that they [had] violated the federal rights of plaintiffs in a manner sufficient to warrant the relief contained herein." Implementation and modifications to the 2002 remedial plan continued through 2007.

In July 2009 the defendants filed a motion to terminate the settlement agreement, pursuant to the Prison Litigation Reform Act and Fed. R. Civ. Pro. 60(b). The defendants declared that they were no longer violating the federal rights of prisoners with developmental disabilities, and that continued relief was no longer necessary because of these violations. On August 13, 2009, the plaintiffs filed a motion to enforce judgment. There was no dispute as to the utility of the settlement agreement and the Clark Remedial Plan. What was in dispute, however, was whether the order requiring compliance with the plan, including monitoring by the plaintiffs' counsel and the court's experts, was necessary. Investigating this issue, one of the court's experts conducted a review of the treatment of developmentally disabled prisoners and found that developmentally disabled inmates did not receive the protections and supports as described in the Clark Remedial Plan.

On September 16, 2010, the District Court denied in part and granted in part the defendants' motion for relief. The court also granted in part and denied in part the plaintiffs' motion for further relief. The court found termination of the entire settlement agreement unwarranted because ongoing violations of federal constitutional and statutory rights supported the continuation of relief. However, not all of the provisions of the settlement agreement were sufficiently narrowly drawn to meet the standards of the Prison Litigation Report Act (PLRA), so these provisions were terminated. In addition to upholding the majority of the settlement agreement, the court issued further remedial orders including staff training, better identification of class members by the defendants, and self-monitoring by the Defendants on their progress. Clark v. California, 739 F. Supp. 2d 1168 (N.D. Cal. 2010). On December 29, 2010, the court granted the plaintiffs' attorneys an additional $2.3 million in fees.

On December 16, 2015, the court agreed to a revision of the Remedial Plan. The revision eliminated the need for a post-rules violation consultation between the Chief Disciplinary Officer and the Developmental Disability Program clinician. Instead, the parties agreed to adopt the rules violation process developed in the case Coleman v. Brown. This process called for standardized mental health assessments.

As of January 2020, the settlement agreement was still in place and monitoring was ongoing.

Summary Authors

David Priddy (7/17/2011)

Jessica Kincaid (7/15/2014)

Hope Brinn (11/3/2018)

Emma Himes (11/27/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5874830/parties/clark-v-state-of-california/

Judge(s)

Breyer, Charles R. (California)

Attorney for Plaintiff

Chavez, Mark A. (California)

Godbold, Penny (California)

Attorney for Defendant

Alexander, Elizabeth R. (District of Columbia)

Garske, Sharon Anne (California)

Expert/Monitor/Master

show all people

Documents in the Clearinghouse

Document

3:96-cv-01486

Docket [PACER]

Clark v. State of California

May 14, 2018

May 14, 2018

Docket
26

3:96-cv-01486

Order Denying in Part, Granting in Part, Defendants' Motion to Dismiss

Clark v. Wilson

Oct. 1, 1996

Oct. 1, 1996

Order/Opinion
67-1

3:96-cv-01486

Second Amended Class Action Complaint for Violations of the Rehabilitation Act, the Americans with Disabilities Act, the Individuals with Disabilities Education Act and Under S1983 for Violations of the Eighth and Fourteenth Amendments

Clark v. State of California

Jan. 15, 1998

Jan. 15, 1998

Complaint
141

3:96-cv-01486

Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment

Clark v. Wilson

May 11, 1998

May 11, 1998

Order/Opinion
181

3:96-cv-01486

Interim Agreement and Stipulation; Order Appointing Experts and Prescribing Duties

Clark v. State of California

July 20, 1998

July 20, 1998

Settlement Agreement
194

3:96-cv-01486

Settlement Agreement and Order

Clark v. State of California

Dec. 3, 2001

Dec. 3, 2001

Settlement Agreement

3:96-cv-01486

Remedial Plan

Clark v. Wilson

March 1, 2002

March 1, 2002

Settlement Agreement
493-4

3:96-cv-01486

On the Status of Inmates with Developmental Disabilities In the California Department of Corrections and Rehabilitation

Feb. 15, 2010

Feb. 15, 2010

Monitor/Expert/Receiver Report
489-1

3:96-cv-01486

July 2010 Report of Division of Adult Institution's Leone Report Review Team

July 23, 2010

July 23, 2010

Monitor/Expert/Receiver Report
493

3:96-cv-01486

Plaintiffs' Response to Defendants' Surreply

Aug. 13, 2010

Aug. 13, 2010

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5874830/clark-v-state-of-california/

Last updated July 8, 2023, 3 a.m.

ECF Number Description Date Link Date / Link
202

MOTION for Leave to File Excess Pages Defendants' Motion for Administrative Relief to Exceed Page Limitations filed by State of California. (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
203

Declaration of Jose Zelidon-Zepeda in Support of 202 MOTION for Leave to File Excess Pages Defendants' Motion for Administrative Relief to Exceed Page Limitations filed byState of California. (Related document(s) 202 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
204

Proposed Order Granting Defendants' Motion for Administrative Relief to Exceed Page Limitations by State of California. (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
205

First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

July 24, 2009

July 24, 2009

PACER
206

Brief re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities Defendants' Statement of Facts in Support of Defendants' Motion to Terminate Settlement Agreement filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
207

Declaration of Deborah K. Johnson in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
208

Declaration of Richard Juarez in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
209

Declaration of S. AREF in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
210

Declaration of Richard Baughman in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
211

Declaration of Robert Keldgord in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
212

Declaration of Dr. Donald Salz in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
213

Declaration of Yolanda Martinez in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
214

Declaration of Mellie Briggs in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
215

Declaration of Michael Mayes in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
216

Declaration of John Schmidt-Clark in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
217

Declaration of Fred Schroeder in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
218

Declaration of Gene Nies in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
219

Declaration of Prescott Bush in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
220

Declaration of Larry Trexler in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
221

Declaration of Richard Valdez in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
222

Declaration of Robert Vella in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
223

Declaration of Patrick Cochran in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
224

Declaration of Cornelio Ynson in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
225

Declaration of Jose A. Zelidon-Zepeda in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Attachments: # 1 Exhibit 1)(Related document(s) 205 ) (Mossler, Julianne) (Filed on 7/24/2009) (Entered: 07/24/2009)

1 Exhibit 1

View on PACER

July 24, 2009

July 24, 2009

PACER
226

Declaration of Matthew Nimrod in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
227

Declaration of Daniel Paramo in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
228

Declaration of Gloria Colmenero in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
229

Declaration of Michael Payton in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
230

Declaration of Joseph PrudHomme in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
231

Declaration of D.J. Renauld in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
232

Declaration of Carlos Rouston in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
233

Declaration of Carolyn Cooper in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
234

Declaration of Vincent Cullen in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (O'Bannon, Danielle) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
235

Declaration of David Huddleston in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
236

Declaration of Richard Delgado in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
237

Declaration of Alexander Gonzales in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
238

Declaration of Ron Hansen in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
239

Declaration of William Hill in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
240

Declaration of Lonnie Jackson in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
241

Proposed Order re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities by State of California. (Zelidon-Zepeda, Jose) (Filed on 7/24/2009) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

PACER
242

Declaration of JOE GONZALEZ in Support of 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Related document(s) 205 ) (Zelidon-Zepeda, Jose) (Filed on 7/27/2009) (Entered: 07/27/2009)

July 27, 2009

July 27, 2009

PACER
243

ORDER GRANTING DEFENDANTS' MOTION FOR ADMINISTRATIVE RELIEF TO EXCEED PAGE LIMITATIONS by Judge Charles R. Breyer; granting 202 Motion for Leave to File Excess Pages. (ls, COURT STAFF) (Filed on 7/30/2009) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
244

Memorandum in Opposition re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byDerrick Clark. (Norman, Sara) (Filed on 8/7/2009) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
245

AFFIDAVIT in Opposition to Defendants' Motion to Terminate Settlement Agreement filed byDerrick Clark. (Norman, Sara) (Filed on 8/7/2009) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
246

Declaration of Susan Christian in Support of 244 Memorandum in Opposition to Defendants' Motion to Terminate Settlement Agreement filed byDerrick Clark. (Related document(s) 244 ) (Norman, Sara) (Filed on 8/7/2009) (Entered: 08/07/2009)

Aug. 7, 2009

Aug. 7, 2009

PACER
247

MOTION for Leave to File Excess Pages filed by Derrick Clark. Motion Hearing set for 8/28/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order)(Norman, Sara) (Filed on 8/10/2009) (Entered: 08/10/2009)

1 Proposed Order

View on PACER

Aug. 10, 2009

Aug. 10, 2009

PACER
248

MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Aug. 11, 2009

Aug. 11, 2009

PACER
249

STIPULATION re 248 MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES by State of California. (Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

PACER
250

Declaration of JOSE A. ZELIDON-ZEPEDA in Support of 248 MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES filed byState of California. (Related document(s) 248 ) (Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

PACER
251

Proposed Order re 248 MOTION for Protective Order ; MEMORANDUM OF POINTS AND AUTHORITIES by State of California. (Zelidon-Zepeda, Jose) (Filed on 8/11/2009) (Entered: 08/11/2009)

Aug. 11, 2009

Aug. 11, 2009

PACER
252

MOTION to Enforce Judgment filed by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
253

Declaration of Sara Norman in Support of 252 MOTION to Enforce Judgment filed byDerrick Clark. (Attachments: # 1 Exhibit)(Related document(s) 252 ) (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)

1 Exhibit

View on PACER

Aug. 13, 2009

Aug. 13, 2009

PACER
254

Declaration of Penny Godbold in Support of 252 MOTION to Enforce Judgment filed byDerrick Clark. (Attachments: # 1 Exhibit)(Related document(s) 252 ) (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)

1 Exhibit

View on PACER

Aug. 13, 2009

Aug. 13, 2009

PACER
255

Proposed Order re 252 MOTION to Enforce Judgment by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
256

MOTION to Shorten Time filed by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
257

Declaration of Zoe Schonfeld in Support of 256 MOTION to Shorten Time filed byDerrick Clark. (Related document(s) 256 ) (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
258

Proposed Order re 256 MOTION to Shorten Time by Derrick Clark. (Norman, Sara) (Filed on 8/13/2009) (Entered: 08/13/2009)

Aug. 13, 2009

Aug. 13, 2009

PACER
259

RESPONSE in Support re 205 First MOTION to Set Aside Defendants' Notice of Motion and Motion to TERMINATE SETTLEMENT AGREEMENT; Memorandum of Points and Authorities filed byState of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 8/14/2009) (Entered: 08/14/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Aug. 14, 2009

Aug. 14, 2009

PACER
260

Declaration of JOSE A. ZELIDON-ZEPEDA in Support of 259 Response in Support, filed byState of California. (Attachments: # 1 Exhibit 2)(Related document(s) 259 ) (Zelidon-Zepeda, Jose) (Filed on 8/14/2009) (Entered: 08/14/2009)

1 Exhibit 2

View on PACER

Aug. 14, 2009

Aug. 14, 2009

PACER
261

Memorandum in Opposition to Defendants' Motion for a Protective Order filed byDerrick Clark. (Norman, Sara) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
262

AFFIDAVIT in Opposition to Defendants' Motion for a Protective Order filed byDerrick Clark. (Norman, Sara) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
263

ORDER by Judge Charles R. Breyer granting 256 Motion to Shorten Time (be, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
264

CLERKS NOTICE Continuing Motion Hearing Motion Hearing reset for 9/4/2009 10:00 AM. (be, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
265

ORDER by Judge Charles R. Breyer granting 247 Motion for Leave to File Excess Pages (be, COURT STAFF) (Filed on 8/17/2009) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
266

Memorandum in Opposition re 252 MOTION to Enforce Judgment filed byState of California. (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
267

CERTIFICATE OF SERVICE by State of California re 266 Memorandum in Opposition (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
268

Declaration of JIM BLEVINS in Support of 266 Memorandum in Opposition filed byState of California. (Related document(s) 266 ) (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
269

Proposed Order re 266 Memorandum in Opposition by State of California. (Zelidon-Zepeda, Jose) (Filed on 8/19/2009) (Entered: 08/19/2009)

Aug. 19, 2009

Aug. 19, 2009

PACER
270

ORDER by Judge Charles R. Breyer granting 248 Motion for Protective Order; denying 252 Motion to Enforce Judgment (crblc2, COURT STAFF) (Filed on 8/21/2009) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

PACER
271

ORDER REASSIGNING CASE. Case reassigned to Hon. Charles R. Breyer for all further proceedings. Hon. Fern M Smith no longer assigned to the case. Signed by Executive Committee on 9/3/09. (ha, COURT STAFF) (Filed on 9/3/2009) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
272

MOTION for Leave to File Supplementary Authority filed by Derrick Clark. Motion Hearing set for 9/4/2009 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Attachments: # 1 Proposed Order, # 2 Affidavit)(Norman, Sara) (Filed on 9/3/2009) (Entered: 09/03/2009)

1 Proposed Order

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2 Affidavit

View on PACER

Sept. 3, 2009

Sept. 3, 2009

PACER
273

Memorandum in Opposition re 272 MOTION for Leave to File Supplementary Authority filed byState of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 9/3/2009) (Entered: 09/03/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Sept. 3, 2009

Sept. 3, 2009

PACER
274

Minute Entry: Motion Hearing held on 9/4/2009 before Charles R. Breyer (Date Filed: 9/4/2009) re 205 First MOTION to Set Aside SETTLEMENT AGREEMENT Further Case Management Conference set for 9/18/2009 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter James Yeomans.) (be, COURT STAFF) (Date Filed: 9/4/2009) (Entered: 09/04/2009)

Sept. 4, 2009

Sept. 4, 2009

PACER
275

Transcript of Proceedings held on 09/04/09, before Judge Charles R. Breyer. Court Reporter/Transcriber James Yeomans, Telephone number (415) 863-5179. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 12/7/2009. (jjy, COURT STAFF) (Filed on 9/10/2009) (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

PACER
276

Proposed Order LIFTING STAY OF DISCOVERY; DISCOVERY PLAN by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 9/17/2009) (Entered: 09/17/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Sept. 17, 2009

Sept. 17, 2009

PACER
277

AMENDED DOCUMENT by State of California. Amendment to 276 Proposed Order AMENDED [Proposed] Order Lifting Stay of Discovery; Discovery Plan. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 9/18/2009) (Entered: 09/18/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Sept. 18, 2009

Sept. 18, 2009

PACER
278

Minute Entry: Further Case Management Conference held on 9/18/2009 before Charles R. Breyer (Date Filed: 9/18/2009). Hearing set for 11/12/2009 02:30 PM in Courtroom 8, 19th Floor, San Francisco. Evidentiary Hearing set for 11/19/2009 09:30 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter - Not Reported.) Nandor J. Vadas as Special Master for discovery. (be, COURT STAFF) (Date Filed: 9/18/2009) (Entered: 09/18/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
279

AMENDED MINUTES to 278 Minute Entry: Further Case Management Conference held on 9/18/2009 before Charles R. Breyer (be, COURT STAFF) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER
280

ORDER LIFTING STAY OF DISCOVERY; DISCOVERY PLAN. Signed by Judge Charles R. Breyer on 10/05/09. (be, COURT STAFF) (Filed on 10/6/2009) (Entered: 10/06/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER

Set/Reset Hearings: Pre Evidentiary Hearing set for 1/12/2010 02:30 PM in Courtroom 8, 19th Floor, San Francisco. Evidentiary Hearing set for 1/19/2010 09:30 AM in Courtroom 8, 19th Floor, San Francisco. (be, COURT STAFF) (Filed on 10/6/2009)

Oct. 6, 2009

Oct. 6, 2009

PACER
281

Minute Entry: Discovery Hearing held on 10/21/2009 before Nandor J. Vadas by phone; further hearing set for November 6, 2009 at 2:00 p.m. in San Francisco (Date Filed: 10/21/2009). () (glm, COURT STAFF) (Date Filed: 10/21/2009) (Entered: 10/21/2009)

Oct. 21, 2009

Oct. 21, 2009

PACER

Set/Reset Hearings: Discovery Hearing set for 11/6/2009 02:00 PM. (mcl, COURT STAFF)

Oct. 21, 2009

Oct. 21, 2009

PACER
282

MOTION to Quash filed by Derrick Clark, Larry Dixon, Jr, Mark Mitchell Morino, Milton Silva, Jack Von Gunten, Ambrose Woods. (Mitchell, Caroline) (Filed on 11/16/2009) (Entered: 11/16/2009)

Nov. 16, 2009

Nov. 16, 2009

PACER
283

Declaration of Douglas E. Roberts in Support of 282 MOTION to Quash filed byDerrick Clark, Larry Dixon, Jr, Mark Mitchell Morino, Milton Silva, Jack Von Gunten, Ambrose Woods. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Related document(s) 282 ) (Mitchell, Caroline) (Filed on 11/16/2009) (Entered: 11/16/2009)

1 Exhibit 1

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2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

Nov. 16, 2009

Nov. 16, 2009

PACER
284

ORDER setting scheduling. Signed by Judge Nandor J. Vadas on 11/23/09. (glm, COURT STAFF) (Filed on 11/23/2009) (Entered: 11/23/2009)

Nov. 23, 2009

Nov. 23, 2009

RECAP
285

Memorandum in Opposition re 282 MOTION to Quash DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION TO QUASH filed byState of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Mossler, Julianne) (Filed on 11/23/2009) (Entered: 11/23/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Nov. 23, 2009

Nov. 23, 2009

PACER
286

DECLARATION of Mossler in Opposition to 282 MOTION to Quash DECLARATION OF MOSSLER IN OPPOSITION TO PLAINTIFFS MOTION TO QUASH filed byState of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 282 ) (Mossler, Julianne) (Filed on 11/23/2009) (Entered: 11/23/2009)

1 Exhibit A

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2 Exhibit B

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Nov. 23, 2009

Nov. 23, 2009

PACER
287

CLERKS NOTICE Discovery Hearing set for 12/18/2009 03:30 PM in Courtroom D, 15th Floor, San Francisco. (glm, COURT STAFF) (Filed on 11/30/2009) (Entered: 11/30/2009)

Nov. 30, 2009

Nov. 30, 2009

PACER
288

Letter from Jose A. Zelidon-Zepeda to Judge Vadas. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 12/1/2009) (Entered: 12/01/2009)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Dec. 1, 2009

Dec. 1, 2009

PACER
289

Letter from Zoe Schonfeld to Judge Vadas. (Godbold, Penelope) (Filed on 12/1/2009) (Entered: 12/01/2009)

Dec. 1, 2009

Dec. 1, 2009

PACER
290

ORDER. Signed by Judge Nandor J. Vadas on 12/2/09. (glm, COURT STAFF) (Filed on 12/2/2009) (Entered: 12/02/2009)

Dec. 2, 2009

Dec. 2, 2009

RECAP
291

JOINT CASE MANAGEMENT STATEMENT filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 12/30/2009) (Entered: 12/30/2009)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Dec. 30, 2009

Dec. 30, 2009

PACER
292

CLERKS NOTICE Status Conference set for 1/5/2010 01:00 PM. by telephone (glm, COURT STAFF) (Filed on 1/4/2010) (Entered: 01/04/2010)

Jan. 4, 2010

Jan. 4, 2010

PACER
293

ORDER Granting Plaintiffs' Motion to Quash Defendants' Deposition Notices and Request for Production of Documents Served by Defendants on October 30, 2009 by Judge Nandor J. Vadas granting 282 Motion to Quash (glm, COURT STAFF) (Filed on 1/5/2010) (Entered: 01/05/2010)

Jan. 5, 2010

Jan. 5, 2010

PACER
294

Minute Entry: Status Conference held on 1/5/10. (Date Filed: 1/6/2010). (Tape #1:01-1:08.) (glm, COURT STAFF) (Date Filed: 1/6/2010) Modified on 1/7/2010 (mcl, COURT STAFF). (Entered: 01/06/2010)

Jan. 6, 2010

Jan. 6, 2010

PACER
295

SECOND DISCOVERY SCHEDULING ORDER. Signed by Judge Vadas on 1/7/2010. (cmw, COURT STAFF) (Filed on 1/7/2010) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

PACER
296

MOTION to Amend/Correct /Add Plaintiffs filed by Derrick Clark. Motion Hearing set for 2/19/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (Schonfeld, Zoe) (Filed on 1/11/2010) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

PACER
297

Minute Entry: Status Conference held on 1/12/2010 before Charles R. Breyer (Date Filed: 1/12/2010), Motion Hearing held on 1/12/2010 before Charles R. Breyer (Date Filed: 1/12/2010) re 296 MOTION to Amend/Correct /Add Plaintiffs filed by Derrick Clark, ***Motions terminated: 296 MOTION to Amend/Correct /Add Plaintiffs filed by Derrick Clark.. Evidentiary Hearing set for 4/26/2010 09:30 AM in Courtroom 8, 19th Floor, San Francisco. Status Conference set for 4/2/2010 08:30 AM in Courtroom 8, 19th Floor, San Francisco. (Court Reporter Kathy Wyatt.) (be, COURT STAFF) (Date Filed: 1/12/2010) (Entered: 01/13/2010)

Jan. 12, 2010

Jan. 12, 2010

PACER
298

MOTION for Extension of Time to File REQUEST TO CHANGE DATE FOR EVIDENTIARY HEARING filed by State of California. (Attachments: # 1 Signature Page (Declarations/Stipulations) Certificate of Service)(Zelidon-Zepeda, Jose) (Filed on 1/26/2010) (Entered: 01/26/2010)

1 Signature Page (Declarations/Stipulations) Certificate of Service

View on PACER

Jan. 26, 2010

Jan. 26, 2010

PACER
299

Declaration of Jose A. Zelidon-Zepeda in Support of 298 MOTION for Extension of Time to File REQUEST TO CHANGE DATE FOR EVIDENTIARY HEARING filed byState of California. (Related document(s) 298 ) (Zelidon-Zepeda, Jose) (Filed on 1/26/2010) (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Post-PLRA enforceable consent decrees

California's Prisoners' Rights Bar article

Multi-LexSum (in sample)

Key Dates

Filing Date: April 22, 1996

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Developmentally disabled individuals incarcerated by the California Department of Corrections

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of California, State

California Department of Corrections, State

Defendant Type(s):

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

Constitutional Clause(s):

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

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

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 5,100,000

Order Duration: 1998 - None

Content of Injunction:

Develop anti-discrimination policy

Provide antidiscrimination training

Reporting

Monitoring

Issues

General:

Administrative segregation

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Classification / placement

Counseling

Education

Rehabilitation

Sanitation / living conditions

Sexual abuse by residents/inmates

Special education

Staff (number, training, qualifications, wages)

Totality of conditions

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Mental Disability:

Intellectual/developmental disability, unspecified

Medical/Mental Health:

Intellectual/Developmental Disability

Intellectual disability/mental illness dual diagnosis

Medical care, general

Type of Facility:

Government-run