Case: Gilmore v. State of California

3:66-cv-45878 | U.S. District Court for the Northern District of California

Filed Date: Oct. 27, 1966

Closed Date: 2015

Clearinghouse coding complete

Case Summary

In 1966, Robert Gilmore, an inmate at San Quentin, brought this suit against the California Department of Corrections (CDC) in the U.S. District Court for the Northern District of California. The plaintiff alleged that policies regarding inmate access to law libraries, legal materials, and legal assistance violated his constitutional rights. The Gilmore case was consolidated with twenty-five other cases filed by inmates at facilities administered by the CDC.In 1970, the District Court issued an…

In 1966, Robert Gilmore, an inmate at San Quentin, brought this suit against the California Department of Corrections (CDC) in the U.S. District Court for the Northern District of California. The plaintiff alleged that policies regarding inmate access to law libraries, legal materials, and legal assistance violated his constitutional rights. The Gilmore case was consolidated with twenty-five other cases filed by inmates at facilities administered by the CDC.

In 1970, the District Court issued an order enjoining the CDC from enforcing Prison Regulation 330.041, finding that it denied inmates reasonable access to the courts. Gilmore v. Lynch, 319 F.Supp. 105, (N.D.Cal.1970), on remand from, Gilmore v. Lynch, 400 F.2d 228, 231 (9th Cir.1968) (reversing district court's determination that case did not present substantial question of constitutional law requiring consideration by three-judge court under 28 U.S.C. § 2281). The U.S. Supreme Court affirmed in a summary opinion. Younger v. Gilmore, 404 U.S. 15 (1971). In 1972, the three-judge panel approved the defendants proposed new regulations and ordered that the regulations be adopted.

In 1976, the CDC filed a compliance memorandum with the District Court, detailing the modifications made to the prison libraries. In 1977, the District Court denied the plaintiffs leave to amend their complaint and ordered plaintiffs' counsel to prepare a final judgment in the matter.

Following negotiations on the issue of attorneys' fees, in 1979, the District Court awarded attorneys' fees to plaintiffs and ordered that the case be dismissed upon satisfaction of the payment of the fees. Six months later, the case was dismissed, subject to the right of plaintiffs to seek enforcement of the District Court's 1972 Order in the future.

There was no activity on the case for the next seventeen years.

In 1997, the defendants filed a motion under the Prison Litigation Reform Act (PLRA), to terminate the 1972 injunction. The plaintiffs opposed the motion, arguing that the termination provision of the PLRA was unconstitutional, or that the PLRA's termination requirements had not been met. On January 13, 1998, the District Court (Judge Susan Y. Illston) granted the defendants' motion for termination, finding that the PLRA provisions, as applied, were constitutional. The plaintiffs appealed.

On appeal, the Gilmore case was consolidated with the case Thompson v. Gomez, PC-CA-0012, in this Clearinghouse. On April 4, 2000, the Court of Appeals for the Ninth Circuit reversed and remanded both cases. The Appellate Court (Judge Betty Binns Fletcher) held that the termination provision of the PLRA was constitutional but that both the Gilmore and Thompson District Courts should have taken evidence on the current circumstances at the prisons and examined the court record and the relief granted by the respective decrees in order to determine whether each was narrowly tailored and minimally intrusive, and should not have simply considered whether there were any explicit findings to this effect. Gilmore v. People of the State of California, 220 F.3d 987 (9th Cir. 2000). The Ninth Circuit remanded the case to the District Court.

After informal negotiations between the parties, the CDC recognized that it needed additional time to determine the efficacy of various options to provide adequate law library resources. As a result, in 2002 the CDC decided not to renew its motion to terminate the 1972 injunction. The parties continued to investigate the conditions in the prisons and the options for ensuring adequate law library access.

During this period, inmates filed individual motions alleging that the CDC was violating the 1972 injunction by providing inadequate access. For example, on March 15, 2007, class member Charles T. Davis filed a pro se motion for order to show cause for civil and criminal contempt. Davis' motion alleged that the defendants violated the decree. The plaintiff class's attorneys investigated Davis' allegations and determined that no further action from the court was necessary; the defendants concurred. Accordingly, on April 23, 2007, the court denied Davis' motion. The court also directed that all future Gilmore-related grievances and motions put forth by pro se inmates be resolved informally between class counsel and defense counsel, without court intervention, unless counsel reach an unresolvable conflict.

On October 30, 2009, the state again filed a motion to terminate the 1972 injunction under the Prison Litigation Reform Act. On December 29, 2009, the District Court (Judge Illston) denied the defendants' motion for a protective order and their motion to bifurcate the hearing on their motion to terminate the 1972 injunction. 2009 WL 5218049. After conducting discovery, however, the plaintiffs withdrew their opposition to the termination motion on April 12, 2010. Accordingly, on April 16, 2010, the District Court granted the defendants' motion to terminate the 1972 injunction. On June 29, 2010, the parties agreed that the defendants would pay $149,669 in attorneys' fees and costs.

After the case was dismissed, an individual inmate filed a motion for injunctive relief for contempt, complaining that he has been denied sufficient access to the prison law library, in particular the law computer. He sought a temporary injunction requiring the warden of California Medical Facility, where he was incarcerated, to provide him with law library and law computer access. On September 7, 2010, the District Court issued an order regarding his motion informing him that the case was closed and that he would have to file his own case. In addition, other inmates continued to file motions for contempt. The District Court repeatedly responded that the case had been dismissed and that the inmates had to pursue independent cases.

On February 11, 2015, another inmate wrote a letter to the court alleging that the defendants were again denying access to the law library and legal materials. He include copies of letters he had written to the Prison Law Office, the plaintiffs' counsel in this case, describing the problems. As of February 5, 2016, the court has not responded to this letter.

Summary Authors

Chris Sullivan (8/19/2005)

Jessica Kincaid (2/5/2016)

Related Cases

Lancaster v. Tilton / Thompson v. Gomez, Northern District of California (1979)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5743295/parties/gilmore-v-people-of-california/


Judge(s)

Bright, Myron H. (North Dakota)

Chambers, Richard Harvey (Arizona)

Duniway, Benjamin Cushing (California)

Ely, Walter Raleigh Jr. (California)

Fletcher, Betty Binns (Washington)

Illston, Susan Yvonne (California)

Legge, Charles A. (California)

Merrill, Charles Merton (Nevada)

Thompson, David R. (California)

Wollenberg, Albert Charles (California)

Judge(s)

Bright, Myron H. (North Dakota)

Chambers, Richard Harvey (Arizona)

Duniway, Benjamin Cushing (California)

Ely, Walter Raleigh Jr. (California)

Fletcher, Betty Binns (Washington)

Illston, Susan Yvonne (California)

Legge, Charles A. (California)

Merrill, Charles Merton (Nevada)

Thompson, David R. (California)

Wollenberg, Albert Charles (California)

Zirpoli, Alfonso Joseph (California)

Attorneys(s) for Plaintiff

Halvonik, Paul (California)

Hardy, Alison (California)

Krause, Paul N. (California)

McClain, Damon Grant (California)

Specter, Donald H. (California)

Wahl, John (California)

Attorneys(s) for Defendant

Crown, Allen Robert (California)

de Kercor, Dianne (California)

DeKervor, Diane E. (California)

Granucci, Robert R. (California)

Lungren, Daniel E. (California)

Lynch, Thomas C. (California)

Nock, George (California)

Patterson, Thomas S. (California)

Roost, Kenneth (California)

Siggins, Peter J. (California)

Williamson, George H. (California)

Documents in the Clearinghouse

Document

3:66-cv-45878

Docket (PACER)

Gilmore v. People of California

Feb. 18, 2003

Feb. 18, 2003

Docket

3:66-cv-45878

07-16524

Docket [PACER]

Gilmore v. People of California

Feb. 18, 2015

Feb. 18, 2015

Docket

22052

Opinion

Gilmore v. Lynch

U. S. Court of Appeals for the Ninth Circuit

400 F.2d 228

Aug. 16, 1968

Aug. 16, 1968

Order/Opinion

00626

Certiorari Denied

Lynch v. Gilmore

Supreme Court of the United States

393 U.S. 1092

Feb. 26, 1969

Feb. 26, 1969

Order/Opinion

3:66-cv-45878

Order Granting Relief

Gilmore v. Lynch

319 F.Supp. 105

May 28, 1970

May 28, 1970

Order/Opinion

00582

[Probable jurisdiction decision deferred]

Lynch v. Gilmore

Supreme Court of the United States

401 U.S. 906

Feb. 22, 1971

Feb. 22, 1971

Order/Opinion

3:66-cv-45878

Order Denying Without Prejudice Motion to Strike Prayer for Damages

Gilmore v. Lynch

330 F.Supp. 326

April 1, 1971

April 1, 1971

Order/Opinion

70-00009

Per Curiam Opinion

Younger v. Gilmore

Supreme Court of the United States

404 U.S. 15

Nov. 8, 1971

Nov. 8, 1971

Order/Opinion

3:66-cv-45878

Order Granting Defendants' Motion for Termination

Jan. 13, 1998

Jan. 13, 1998

Order/Opinion

98-15160

98-15198

Appellate Opinion

U. S. Court of Appeals for the Ninth Circuit

220 F.3d 987

April 4, 2000

April 4, 2000

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5743295/gilmore-v-people-of-california/

Last updated May 19, 2022, 11:39 p.m.

ECF Number Description Date Link Date / Link
191

ORDER to show cause. Signed by Judge Illston on 1/23/06. (ts, COURT STAFF) (Filed on 1/24/2006) (Additional attachment(s) added on 1/13/2016: # 1 Order) (ysS, COURT STAFF).

1 Order

View on PACER

Jan. 24, 2006

Jan. 24, 2006

RECAP
174

CLERK'S NOTICE case management conference set for 2:00 2/2/01 ; [3:66−cv−45878] (rcs, COURT STAFF) (Entered: 11/30/2001)

Jan. 10, 2001

Jan. 10, 2001

175

STIPULATION and ORDER by Judge Susan Illston : continuing case management conference (cc: all counsel) [3:66−cv−45878] (rcs, COURT STAFF) (Entered: 11/30/2001)

Jan. 29, 2001

Jan. 29, 2001

199

ORDER : This case shall be referred to the Court's electronic filing program pursuant to General Order 45. Signed by Judge Susan Illston on 3/13/06. (ys, COURT STAFF) (Filed on 3/14/2006)

March 14, 2006

March 14, 2006

RECAP
205

ORDER for service of process re Davis motion for OSC. Signed by Judge Illston on 3/15/07. (SI, COURT STAFF) (Filed on 3/15/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF).

1 Certificate of Service

View on PACER

March 15, 2007

March 15, 2007

RECAP
176

CLERK'S NOTICE Further case management conference conference set for 2:30 1/18/02 (counsel must file the joint case management conference statement one week prior to the conference; [3:66−cv−45878] (ys, COURT STAFF) (Entered: 11/30/2001)

Nov. 27, 2001

Nov. 27, 2001

211

ORDER denying Davis's motion for an order to show cause and criminal contempt. Signed by Judge Illston on 4/23/07. (SI, COURT STAFF) (Filed on 4/23/2007)

April 23, 2007

April 23, 2007

RECAP

RECEIVED Stipulation and request to continue case management conference submitted by defendant People of California [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/09/2002)

Jan. 8, 2002

Jan. 8, 2002

RECEIVED Proposed Order continuing case management conference ( defendant People of California ) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/09/2002)

Jan. 8, 2002

Jan. 8, 2002

214

ORDER re motion of Charles T. Davis to set aside class counsel's findings (SI, COURT STAFF) (Filed on 5/24/2007) Modified on 5/24/2007 (SI, COURT STAFF).FILED IN ERROR

May 24, 2007

May 24, 2007

RECAP
215

ORDER re motion of Charles T. Davis to set aside class counsel's findings. Signed by Judge Illston on 5/24/07. (SI, COURT STAFF) (Filed on 5/24/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF).

1 Certificate of Service

View on PACER

May 24, 2007

May 24, 2007

RECAP
177

STIPULATION and REQUEST to continue case management conference. [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

178

ORDER by Judge Susan Illston Case management conference reset for 2:30 4/19/02 ; ( Date Entered: 1/10/02) (cc: all counsel) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 01/10/2002)

Jan. 9, 2002

Jan. 9, 2002

219

ORDER denying Motion of Charles T. Davis for final order of judgment (SI, COURT STAFF) (Filed on 7/25/2007) (Additional attachment(s) added on 1/13/2016: # 1 Certificate of Service) (ysS, COURT STAFF).

1 Certificate of Service

View on PACER

July 25, 2007

July 25, 2007

RECAP
226

ORDER acknowledging receipt of notice (SI, COURT STAFF) (Filed on 3/14/2008)

March 14, 2008

March 14, 2008

RECAP
179

CLERK'S NOTICE Initial case management conference reset for 2:30 5/3/02 ; [3:66−cv−45878] (ys, COURT STAFF) (Entered: 03/21/2002)

March 20, 2002

March 20, 2002

231

ORDER RE: MOTION FOR CONTEMPT FINDING re 230 . Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 8/1/2008) (Additional attachment(s) added on 8/5/2008: # 1 cs) (ys, COURT STAFF).

1 cs

View on PACER

Aug. 1, 2008

Aug. 1, 2008

RECAP

RECEIVED Stipulation and request to take case management conference off calendar; proposed order submitted by defendant People of California [3:66−cv−45878] (ys, COURT STAFF) (Entered: 04/16/2002)

April 15, 2002

April 15, 2002

233

ORDER RE: MOTION FOR CONTEMPT FINDING re 232 .(SI, COURT STAFF) (Filed on 7/1/2009) (Additional attachment(s) added on 7/6/2009: # 1 cs) (ys, COURT STAFF).

1 cs

View on PACER

July 1, 2009

July 1, 2009

RECAP
180

STIPULATION and ORDER by Judge Susan Illston : to take case management conference off calendar ; dismissing case ; Counsel may schedule a further case management conference in the future ; appeal filing ddl 5/17/02 (cc: all counsel) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 04/17/2002)

April 16, 2002

April 16, 2002

182

COPY of USCA Amended Order for attorneys fees: Attorneys fees in the amount of 23,229.05 is granted in the Gilmore matter and $29,184.16 in attorneys fees is granted in the Thompson matter. [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/06/2002)

Sept. 6, 2002

Sept. 6, 2002

289

ORDER GRANTING REQUEST TO SHORTEN TIME. DEFT. IS DIRECTED TO SERVE COPIES OF THIS ORDER ON ALL PLAINTIFFS AND FILE A PROOF OF SERVICE. re 287 / (tf, COURT STAFF) (Filed on 12/7/2009)

Dec. 7, 2009

Dec. 7, 2009

RECAP
295

ORDER DENYING DEFENDANTS' MOTION FOR A PROTECTIVE ORDER re 284 (SI, COURT STAFF) (Filed on 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

RECAP
183

NOTICE of Change of Attorney Assigment by defendant People of California of attorney Thomas S. Patterson [3:66−cv−45878] (ys, COURT STAFF) (Entered: 02/18/2003)

Feb. 18, 2003

Feb. 18, 2003

306

ORDER granting relief from page limit re 296 . (tf, COURT STAFF) (Filed on 1/11/2010)

Jan. 11, 2010

Jan. 11, 2010

RECAP
184

MOTION before Judge Susan Illston for an Order to Show Cause re Contempt: Declaration of Willie Wisely by Willie Wisely. [3:66−cv−45878] (ys, COURT STAFF) (Entered: 07/12/2005)

July 12, 2005

July 12, 2005

185

ORDER by Judge Susan Illston for Service of Process. The clerk to serve counsel for plaintiffs and counsel for defendants re Motion [184−1]. The Court further invites either party to comment on the standing question presented in the motion. The parties should file their responses on or before 9/23/05. ( Date Entered: 8/25/05) (cc: all counsel) [3:66−cv−45878] (ys, COURT STAFF) (Entered: 08/25/2005)

Aug. 24, 2005

Aug. 24, 2005

310

ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL re 309 . (SI, COURT STAFF) (Filed on 2/1/2010)

Feb. 1, 2010

Feb. 1, 2010

RECAP
313

ORDER continuing motion to 4/16/10 (tf, COURT STAFF) (Filed on 3/4/2010)

March 4, 2010

March 4, 2010

RECAP
186

RESPONSE by Plaintiff re order [185−1] [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/23/2005)

Sept. 23, 2005

Sept. 23, 2005

187

Comment by defendant re [184−1] motion for an Order to Show Cause re Contempt: Declaration of Willie Wisely [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

318

ORDER DIRECTING PARTIES TO SUBMIT JOINT PROPOSED ORDER (SI, COURT STAFF) (Filed on 4/12/2010)

April 12, 2010

April 12, 2010

RECAP
188

DECLARATION by Rob Churchill on behalf of defendant re Comment [187−1] [3:66−cv−45878] (ys, COURT STAFF) (Entered: 09/26/2005)

Sept. 23, 2005

Sept. 23, 2005

323

ORDER granting extension (tf, COURT STAFF) (Filed on 4/29/2010)

April 29, 2010

April 29, 2010

RECAP
325

ORDER for payment of attorneys fees and costs re 324 . (tf, COURT STAFF) (Filed on 7/1/2010)

July 1, 2010

July 1, 2010

RECAP
189

MOTION for Hearing on Order to Show Cause re Contmpt; Declaration of Willie Wisely in support by Wilie Wisely . (ys, COURT STAFF) (Filed on 1/23/2006) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

190

Ex Parte Motion for Transportation of Witnesses; Declaration of Willie Wisely. (ys, COURT STAFF) (Filed on 1/23/2006) (Entered: 01/23/2006)

Jan. 23, 2006

Jan. 23, 2006

328

ORDER RE: MOTION FOR INJUNCTIVE RELIEF OF CONTEMPT re 326 . (SI, COURT STAFF) (Filed on 9/7/2010) (Additional attachment(s) added on 9/8/2010: # 1 Envelope) (tf, COURT STAFF).

1 Envelope

View on PACER

Sept. 7, 2010

Sept. 7, 2010

RECAP
329

ORDER RE: MOTION TO INTERVENE (EDWARDS) re 327 (SI, COURT STAFF) (Filed on 4/19/2011) Modified on 4/20/2011 (ys, COURT STAFF). (Additional attachment(s) added on 4/20/2011: # 1 Envelope) (tf, COURT STAFF).

1 Envelope

View on PACER

April 19, 2011

April 19, 2011

RECAP
331

ORDER RE: MOTION FOR CONTEMPT 330 . In April 2010 the injunction in this action was terminated and the case has been closed. Therefore, the Court cannot continue to accept motions in this case. The Court advises Brown to again contact the Prison L aw Office, 1917 Fifth Street, Berkeley, California, 94710 if he wishes to pursue an independent legal action. (Illston, Susan) (Filed on 11/19/2012) Modified on 11/20/2012 (ysS, COURT STAFF). (Additional attachment(s) added on 11/21/2012: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

1 Certificate/Proof of Service

View on PACER

Nov. 19, 2012

Nov. 19, 2012

RECAP
192

ORDER by Judge Susan Illston denying 189 Motion for Hearing, denying 190 Ex Parte Application. (ys, COURT STAFF) (Filed on 1/24/2006) (Entered: 01/25/2006)

Jan. 24, 2006

Jan. 24, 2006

193

Received Document Stipulation and proposed order re: request for an extension of time to file the joint report concerning findings regardings law library materials by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)

March 9, 2006

March 9, 2006

333

Objection

1 Certificate/Proof of Service (including Hoskins' envelope)

View on PACER

July 16, 2018

July 16, 2018

PACER
194

Declaration of Edith Degraff in support of 195 plaintiffs' request for an extension of time to file joint report concerning findings regarding law library materials filed byRobert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)

March 9, 2006

March 9, 2006

195

STIPULATION and Request for an extension of time to file the joint report concerning findings regarding law library materials by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)

March 9, 2006

March 9, 2006

196

Declaration of Megan Hagler in Support of 195 Stipulation and Request filed byRobert O. Gilmore, Jr, Inmates of San Quentin State Prison, Willie Wisely. (Related document(s) 195 ) (ys, COURT STAFF) (Filed on 3/9/2006) (Entered: 03/10/2006)

March 9, 2006

March 9, 2006

Received Document Stipulation and Proposed Order re: Status Conference. (ys, COURT STAFF) (Filed on 3/10/2006) (Entered: 03/10/2006)

March 10, 2006

March 10, 2006

Set Deadlines/Hearings: Status Conference set for 4/14/2006 02:30 PM. (ys, COURT STAFF) (Filed on 3/13/2006) (Entered: 03/14/2006)

March 13, 2006

March 13, 2006

198

ORDER extending time to file the joint report concerning findings regarding law library materials to 3/31/06. Signed by Judge Susan Illston on 3/10/06. (ys, COURT STAFF) (Filed on 3/13/2006) (Entered: 03/14/2006)

March 13, 2006

March 13, 2006

200

JOINT CASE MANAGEMENT STATEMENT JOINT STATUS CONFERENCE REPORT filed by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison. (Attachments: # 1 # 2)(Specter, Donald) (Filed on 3/31/2006) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

201

CERTIFICATE OF SERVICE by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison re 200 Case Management Statement (Joint) (Specter, Donald) (Filed on 3/31/2006) (Entered: 03/31/2006)

March 31, 2006

March 31, 2006

202

Minute Entry: Further Case Management Conference held on 4/14/2006 before Illston (Date Filed: 4/18/2006). () (ts, COURT STAFF) (Date Filed: 4/18/2006) (Entered: 04/18/2006)

April 18, 2006

April 18, 2006

203

RESPONSE of Willie Wisely to re 200 Case Management Statement (Joint) : Declarations of Willie Wisely, Gavin Taylor by Willie Wisely. (ys, COURT STAFF) (Filed on 4/26/2006) (Entered: 04/27/2006)

April 26, 2006

April 26, 2006

204

Declaration re Contempt filed byWillie Wisely. (ys, COURT STAFF) (Filed on 9/27/2006) Additional attachment(s) added on 9/28/2006 (ys, COURT STAFF). (Entered: 09/28/2006)

Sept. 27, 2006

Sept. 27, 2006

206

NOTICE of Motion and Motion for Order to Show Cause for Civil and Criminal Contempt by Charles T. Davis. (ys, COURT STAFF) (Filed on 3/15/2007) (Entered: 03/16/2007)

March 15, 2007

March 15, 2007

REMARK: Order directing adoption of regulations to implement previous order granting relief mailed to counsels for plaintiffs and defendants by US mail. (ys, COURT STAFF) (Filed on 3/16/2007) (Entered: 03/16/2007)

March 16, 2007

March 16, 2007

207

RESPONSE to 205 Order for Service of Process by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison. (Specter, Donald) (Filed on 4/13/2007) Modified on 4/16/2007 (ys, COURT STAFF). (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

208

CERTIFICATE OF SERVICE of 207 by Robert O. Gilmore, Jr, Inmates of San Quentin State Prison (Specter, Donald) (Filed on 4/13/2007) Modified on 4/16/2007 (ys, COURT STAFF). (Entered: 04/13/2007)

April 13, 2007

April 13, 2007

209

Declaration of M. Williams in Support of 207 Response ( Non Motion ) filed byPeople of California. (Related document(s) 207 ) (ys, COURT STAFF) (Filed on 4/13/2007) (Entered: 04/16/2007)

April 13, 2007

April 13, 2007

210

Proposed Order denying Davis's motion for an order to show cause for civil and criminal contempt by People of California. (ys, COURT STAFF) (Filed on 4/13/2007) (Entered: 04/16/2007)

April 13, 2007

April 13, 2007

213

MOTION for Extension of Time to File Opposition by Charles T. Davis. (ys, COURT STAFF) (Filed on 4/25/2007) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

216

MOTION for Sanctions for intentional breach of counsel's fiduciary duties by Charles T. Davis. (ys, COURT STAFF) (Filed on 5/31/2007) (Entered: 05/31/2007)

May 31, 2007

May 31, 2007

217

MOTION for final order of judgment so that plaintiff may appeal the Court's May 24, 2007 Order re 215 Order by Charles T. Davis. (ys, COURT STAFF) (Filed on 7/9/2007) (Entered: 07/09/2007)

July 9, 2007

July 9, 2007

218

NOTICE of Change In Counsel by Kenneth T. Roost (Roost, Kenneth) (Filed on 7/20/2007) (Entered: 07/20/2007)

July 20, 2007

July 20, 2007

220

NOTICE OF APPEAL as to 219 Order on Motion for Sanctions by Charles T. Davis. (Appeal Filing Fee: Billed) (ys, COURT STAFF) (Filed on 8/22/2007) Additional attachment(s) added on 8/23/2007 (ys, COURT STAFF). (Entered: 08/23/2007)

Aug. 22, 2007

Aug. 22, 2007

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 220 Notice of Appeal. (ys, COURT STAFF) (Filed on 8/22/2007) (Entered: 08/23/2007)

Aug. 22, 2007

Aug. 22, 2007

Copy of Notice of Appeal and Docket sheet mailed to all counsel. (ys, COURT STAFF) (Filed on 8/22/2007) (Entered: 08/23/2007)

Aug. 22, 2007

Aug. 22, 2007

Mailed request for payment of docket fee to appellant (cc to USCA). (ys, COURT STAFF) (Filed on 8/23/2007) (Entered: 08/23/2007)

Aug. 23, 2007

Aug. 23, 2007

USCA Case Number 07−16524 for 220 Notice of Appeal. (rcs, COURT STAFF) (Filed on 9/4/2007) (Entered: 09/06/2007)

Sept. 4, 2007

Sept. 4, 2007

Received Document Letter dated 8/29/07 Re: petition for writ of mandate by Charles T. Davis. (hdj, COURT STAFF) (Filed on 9/4/2007) (Entered: 09/10/2007)

Sept. 4, 2007

Sept. 4, 2007

221

ORDER of USCA as to 220 Notice of Appeal : Dismissed pursuant to Federal Rules of Appellate Procedure 42(b). (ys, COURT STAFF) (Filed on 9/14/2007) (Entered: 09/17/2007)

Sept. 14, 2007

Sept. 14, 2007

222

MANDATE of USCA as to 220 Notice of Appeal: Dismissed. (ys, COURT STAFF) (Filed on 9/17/2007) (Entered: 09/17/2007)

Sept. 17, 2007

Sept. 17, 2007

223

ORDER of USCA: Petition is denied. No motions for reconsideration, modification, or clarification of this order shall be filed or entertained. (ys, COURT STAFF) (Filed on 11/26/2007) (Entered: 11/27/2007)

Nov. 26, 2007

Nov. 26, 2007

224

CLERK'S Second NOTICE Appeal Fee Past Due Notice. (ys, COURT STAFF) (Filed on 2/29/2008) (Entered: 03/03/2008)

Feb. 29, 2008

Feb. 29, 2008

225

Amended CLERK'S Second NOTICE − Appeal Fee Past Due Notice. (ys, COURT STAFF) (Filed on 3/6/2008) (Entered: 03/06/2008)

March 6, 2008

March 6, 2008

227

Received Document/Notice of Motion/Affidavit by Larry B. Moore (forwarded to USCA). (ys, COURT STAFF) (Filed on 3/17/2008) (Entered: 03/17/2008)

March 17, 2008

March 17, 2008

228

*Affidavit of Larry B. Moore purported class memober in support of appropriate course of action filed byLarry B. Moore.(ys, COURT STAFF) (Filed on 4/4/2008) (Additional attachment(s) added on 4/7/2008: # 1 env.) (ys, COURT STAFF). (Entered: 04/07/2008)

April 4, 2008

April 4, 2008

229

NOTICE of Change of Address by plaintiffs' counsel, Donald Specter (Prison Law Office)(ys, COURT STAFF) (Filed on 6/5/2008) (Entered: 06/06/2008)

June 5, 2008

June 5, 2008

230

MOTION for alleged contempt for refusal of a party to obey conditions of negotiated settlement 18 U.S.C.A. ss401(3) by Robert Tunstall. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 7/16/2008) (Entered: 07/17/2008)

July 16, 2008

July 16, 2008

232

* MOTION for Contempt for Refusal to Obey Conditions of Negotiated Settlement and Court Order filed by Robert Tunstall. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 6/23/2009) (Entered: 06/24/2009)

June 23, 2009

June 23, 2009

234

NOTICE by People of California NOTICE OF ADDITIONAL COUNSEL FOR DEFENDANTS (McClain, Damon) (Filed on 10/20/2009) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

235

*Letter dated from Robert G. Stuter to the Court. (Attachments: # 1 env.)(ys, COURT STAFF) (Filed on 10/22/2009) (Entered: 10/26/2009)

Oct. 22, 2009

Oct. 22, 2009

236

MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed by People of California. Motion Hearing set for 12/4/2009 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

237

Request for Judicial Notice re 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

238

Declaration of Gerald E. Atchley in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

239

Declaration of Dan Aylworth in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

240

Declaration of Richard Babb in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

241

Declaration of Kathy Balakian in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

242

Declaration of R. Allen Baraldi in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

243

Declaration of Jean E. Bracy in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

244

Declaration of Rod Braly in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

245

Declaration of Glenn Brooking in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

246

Declaration of Lawrence A. Cone in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

247

Declaration of Minerva Cullers in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

249

Declaration of Ovidio Gonzalez in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

250

Declaration of Robert Green in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

251

Declaration of Melany Heaslip−Thomas in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

252

Declaration of Dr. John L. Jackson in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

253

Declaration of Les Johnson in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

254

Declaration of B. H. Van Klaveren in Support of 236 MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES MOTION DEFENDANTS NOTICE OF MOTION AND MOTION TO TERMINATE INJUNCTION, OR, ALTERNATIVELY, FOR RELIEF UNDER RULE 60(B)(5); MEMORANDUM OF POINTS AND AUTHORITIES filed byPeople of California. (Related document(s) 236 ) (Roost, Kenneth) (Filed on 10/30/2009) (Entered: 10/30/2009)

Oct. 30, 2009

Oct. 30, 2009

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Key Dates

Filing Date: Oct. 27, 1966

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners under sentence of death seeking declaration that PLRA was unconstitutional

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Order Duration: 1966 - 2015

Issues

General:

Access to lawyers or judicial system

Administrative segregation

Classification / placement

Law library access

Religious programs / policies

Type of Facility:

Government-run