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Case: Lucas v. White

3:96-cv-02905 | U.S. District Court for the Northern District of California

Filed Date: Aug. 13, 1996

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 13, 1996, three women either currently or previously incarcerated at the Federal Correctional Institute in Dublin, California, filed a lawsuit in the United States District Court for the Northern District of California, seeking money damages from individual federal corrections officers. On or around August 13, 1996, the plaintiffs also filed administrative claims against the United States under the Federal Torts Claim Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. The administrative cla…

On August 13, 1996, three women either currently or previously incarcerated at the Federal Correctional Institute in Dublin, California, filed a lawsuit in the United States District Court for the Northern District of California, seeking money damages from individual federal corrections officers. On or around August 13, 1996, the plaintiffs also filed administrative claims against the United States under the Federal Torts Claim Act, 28 U.S.C. §§ 1346(b) and 2671 et seq. The administrative claim was denied on July 25, 1997, and on October 1, 1997, the plaintiffs amended their Complaint to include claims against the United States and the prison officers in their official capacity. The plaintiffs, represented by private counsel, sought monetary damages for alleged sexual assaults, physical and sexual intimidation, verbal abuse, threats, sexual harassment, and invasions of privacy perpetrated or permitted by the Bureau of Prisons.

According to the plaintiffs, they had been temporarily housed at the Special Housing Unit at the Federal Detention Center (FDC) in Pleasanton, California in 1995, where they were inadequately separated from male inmates. There was so much contact between male and female inmates that male inmates had propositioned all of the women and one woman had been physically assaulted. Furthermore, corrections officers permitted male inmates to enter female inmates' cells in the middle of the night. All of the plaintiffs claimed to have been sexually assaulted and retaliated against for reporting the attacks. According to the plaintiffs, corrections officers also sexually harassed them, sometimes demanding sexual favors in return for basic necessities (e.g., prison-issued clothing).

On November 15, 1996, the parties agreed to mediate the lawsuit. The court (Chief Judge Thelton E. Henderson) appointed a neutral (Douglas R. Young) on November 27, 1996, and mediation began on December 16, 1996. The plaintiffs subsequently amended their complaint. On February 24, 1998, the parties signed a settlement agreement. The settlement negotiated was not a consent decree as defined by the Prison Litigation Reform Act of 1995 and, therefore, was not judicially enforceable.

Under the terms of the settlement, the defendants admitted no wrongdoing, but agreed to take steps to minimize the risk of sexual abuse and assault of female inmates. First, the government agreed to cease placing female inmates at the Special Housing Unit at Pleasanton. Second, the government agreed to develop an implement a system to allow confidential reporting of sexual assaults. Third, the government agreed to develop and implement comprehensive training to address sexual assault, sexual interactions between inmates, sexual interactions between corrections officers and prisoners, sexual misconduct, and privacy issues particular to female inmates. The United States agreed to consult with an expert from the National Institute of Corrections (Andie Moss) when developing both orientation and refresher training. Fourth, the government agreed to financially compensate the plaintiffs for their own injuries. On March 23, 1998, the court dismissed all claims at the plaintiffs' request.

On April 14, 1999, the court awarded the plaintiffs attorneys' fees. Lucas v. White, 63 F. Supp. 2d 1046 (N.D. Cal. 1999). In doing so, the court rejected the defendants' arguments based on sovereign immunity, the definition of "prevailing party," the "substantial justification" of the United States' position in the litigation, and special circumstances making the award unjust. The United States appealed the court's ruling to the United States Circuit Court of Appeals for the Ninth Circuit, but that appeal was dismissed at the request of the appellant on March 20, 2000.

We have no information on the implementation or effects of the settlement agreement.

Summary Authors

Elizabeth Chilcoat (6/21/2006)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/7874026/parties/lucas-v-white/


Judge(s)

Henderson, Thelton Eugene (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Green, Geri L. (California)

Paikeday, M.J. Tony (California)

Petrine, Donna (California)

Attorneys(s) for Defendant

Goldberg, Helene M. (District of Columbia)

Hemann, John H. (California)

Hunger, Frank W. (District of Columbia)

Pelletier, Nina S. (District of Columbia)

Sher, R. Joseph (District of Columbia)

Judge(s)

Henderson, Thelton Eugene (California)

Attorneys(s) for Plaintiff

Bien, Michael W. (California)

Green, Geri L. (California)

Paikeday, M.J. Tony (California)

Petrine, Donna (California)

Attorneys(s) for Defendant

Goldberg, Helene M. (District of Columbia)

Hemann, John H. (California)

Hunger, Frank W. (District of Columbia)

Pelletier, Nina S. (District of Columbia)

Sher, R. Joseph (District of Columbia)

Documents in the Clearinghouse

Document

3:96-cv-02905

Docket (PACER)

April 14, 2006

April 14, 2006

Docket
1

3:96-cv-02905

Complaint for Damages and Injunctive Relief

Aug. 13, 1996

Aug. 13, 1996

Complaint
29

3:96-cv-02905

Amended Complaint for Damages and Injunctive Relief

Oct. 1, 1997

Oct. 1, 1997

Complaint

3:96-cv-02905

Private Settlement Agreement

Feb. 24, 1998

Feb. 24, 1998

Settlement Agreement

Lucas v. White Specialty Training Materials Volume I

No Court

July 21, 1998

July 21, 1998

Internal memorandum
72

3:96-cv-02905

Order

April 14, 1999

April 14, 1999

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7874026/lucas-v-white/

Last updated Sept. 7, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (no process) Fee status pd entered on 8/13/96 in the amount of $ 120.00 (Receipt No. 40305); jury demand [3:96-cv-02905] (scu, COURT STAFF) (Entered: 08/15/1996)

Aug. 13, 1996

Aug. 13, 1996

PACER
2

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Pilot) by Chief Judge Thelton E. Henderson: Proof of service to be filed by 9/27/96; counsels' case management statement to be filed by 12/9/96; initial case management conference will be held 3:00 12/17/96. (cc: all counsel) [3:96-cv-02905] (scu, COURT STAFF) (Entered: 08/15/1996)

Aug. 13, 1996

Aug. 13, 1996

PACER

SUMMONS issued as to defendants O. Ivan White, Loy Hayes, Dennis Smith, Gillette, Sheila Yarborough, Wayne Ernst, Garfield Samuels [3:96-cv-02905] (scu, COURT STAFF)

Aug. 15, 1996

Aug. 15, 1996

PACER
3

RETURN OF SERVICE (Original Summons returned) executed upon defendant O. Ivan White (sub-served on Tiffany Chiu, Legal Tech.) on 8/29/96, defendant Loy Hayes (sub-served on James C. Wills) on 9/13/96, defendant Lieutenant Gillette on 9/3/96, defendant Sheila Yarborough (sub-served on James C. Wills) on 9/13/96, defendant Wayne Ernst on 9/5/96 [3:96-cv-02905] (slh, COURT STAFF) (Entered: 09/27/1996)

Sept. 26, 1996

Sept. 26, 1996

PACER
4

PROOF OF SERVICE by Plaintiff of complaint [1-1], ADR - Multi-Option Pilot order [2-1] served upon Janet Reno [3:96-cv-02905] (slh, COURT STAFF) (Entered: 09/27/1996)

Sept. 26, 1996

Sept. 26, 1996

PACER
5

RETURN OF SERVICE executed upon defendants O. Ivan White, Dennis Smith on 10/23/96 [3:96-cv-02905] (slh, COURT STAFF) (Entered: 10/25/1996)

Oct. 23, 1996

Oct. 23, 1996

PACER
6

CLERK'S NOTICE of ADR phone conference set 11/26/96 9:45 a.m. [3:96-cv-02905] (ab, COURT STAFF) (Entered: 11/08/1996)

Nov. 8, 1996

Nov. 8, 1996

PACER
7

STIPULATION and ORDER by Chief Judge Thelton E. Henderson: Case Management Statement is due 2/7/97; Case Management Conference set for 3:00 2/18/97 (cc: all counsel) [3:96-cv-02905] (slh, COURT STAFF) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
8

STIPULATION and ORDER by Chief Judge Thelton E. Henderson: Mediation ADR option selected. (cc: all counsel) [3:96-cv-02905] (slh, COURT STAFF) (Entered: 11/18/1996)

Nov. 15, 1996

Nov. 15, 1996

PACER
9

PROOF OF SERVICE by defendant of stipulation, request and scheduling order [3:96-cv-02905] (ab, COURT STAFF) (Entered: 11/20/1996)

Nov. 18, 1996

Nov. 18, 1996

PACER
10

CLERK'S NOTICE referring case to MED program. [3:96-cv-02905] (ab, COURT STAFF) (Entered: 11/27/1996)

Nov. 27, 1996

Nov. 27, 1996

PACER
11

CLERK'S NOTICE of appointment of mediator, Douglas R. Young [3:96-cv-02905] (ab, COURT STAFF) (Entered: 11/27/1996)

Nov. 27, 1996

Nov. 27, 1996

PACER
12

LETTER to the Mediator dated 11/27/96 from Michael W. Bien confirming appointment of mediator and session set 12/16/96 9 a.m. [3:96-cv-02905] (ab, COURT STAFF) (Entered: 12/02/1996)

Dec. 2, 1996

Dec. 2, 1996

PACER
13

MEDIATOR'S Letter to Counsel MED hearing will be held 9:00 12/16/96 [3:96-cv-02905] (ab, COURT STAFF) (Entered: 12/05/1996)

Dec. 5, 1996

Dec. 5, 1996

PACER
14

ORDER by Chief Judge Thelton E. Henderson Case Management Statement is due 3/21/97 ; Mediation ADR process will conclude by 2/10/97 ; Case Management Conference set for 3:00 4/1/97; defendants to respond before 2/17/97 ( Date Entered: 1/3/97) (cc: all counsel) [3:96-cv-02905] (ab, COURT STAFF) (Entered: 01/03/1997)

Dec. 30, 1996

Dec. 30, 1996

PACER
15

CERTIFICATION OF ADR SESSION filed by neutral Mediator Douglas R. Young (ab, COURT STAFF) (Entered: 01/16/1997)

Jan. 16, 1997

Jan. 16, 1997

PACER
16

RETURN OF SERVICE executed upon defendant Gillette on 1/24/97 and, defendant Garfield Samuels on 12/13/96 [3:96-cv-02905] (ab, COURT STAFF) (Entered: 02/05/1997)

Feb. 4, 1997

Feb. 4, 1997

PACER

RECEIVED stipulation and proposed order re scheduling order [3:96-cv-02905] (ab, COURT STAFF)

Feb. 7, 1997

Feb. 7, 1997

PACER
18

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : MED hearing set for 3/10/97 ;, sched. Case Management Statement is due 4/25/97 ; Case Management Conference set for 2:00 5/6/97 ; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 02/19/1997)

Feb. 11, 1997

Feb. 11, 1997

PACER
17

CERTIFICATION OF ADR SESSION Mediation hearing held on 2/3/97, further session set for 3/10/97 filed by neutral Mediator Douglas R. Young (bt, COURT STAFF) (Entered: 02/13/1997)

Feb. 13, 1997

Feb. 13, 1997

PACER
19

CERTIFICATION OF ADR SESSION filed by neutral Mediator Douglas R. Young. Session held on 3/10/97. another session set for April (bt, COURT STAFF) (Entered: 03/13/1997)

March 13, 1997

March 13, 1997

PACER
20

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : MED hearing set for 10:00 4/28/97 ;, Case Management Statement is due 6/27/97 ; Case Management Conference set for 3:00 7/8/97 ; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 03/31/1997)

March 26, 1997

March 26, 1997

PACER
21

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : extending MED deadline to 6/16/97, Case Management Statement is due 7/28/97 ; Case Management Conference set for 3:00 8/8/97 ;, extending time to answer by 6/23/97; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 05/16/1997)

May 14, 1997

May 14, 1997

PACER
22

CLERK'S NOTICE Case Management Statement is due 8/1/97 ; Case Management Conference set for 3:00 8/12/97 ; [3:96-cv-02905] (ga, COURT STAFF) (Entered: 05/20/1997)

May 19, 1997

May 19, 1997

PACER
23

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : to file attached document UNDER SEAL; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 05/27/1997)

May 27, 1997

May 27, 1997

PACER
24

SEALED document Protective Order by USA (ga, COURT STAFF) (Entered: 05/27/1997)

May 27, 1997

May 27, 1997

PACER
25

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : Case Management Statement is due 9/22/97 ; Case Management Conference set for 3:00 9/30/97 ; ADR process will conclude by 7/28/97; extending time to answer by 8/11/97. (cc: all counsel) [3:96-cv-02905] (jm, COURT STAFF) (Entered: 06/24/1997)

June 24, 1997

June 24, 1997

PACER
26

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : The Mediation pursuant to the Alternative Dispute Resolution program shall be completed no later than 9/8/97 ; defendants shall answer by 9/22/97 ; Case Management Statement is due 10/27/97 ; Case Management Conference set for 3:00 11/4/97 ; (cc: all counsel) [3:96-cv-02905] (mcl, COURT STAFF) (Entered: 08/12/1997)

Aug. 6, 1997

Aug. 6, 1997

PACER
27

NOTICE by Plaintiff Robin Lucas of change of address Geri Lynn, 368 Hayes Street, San Francisco, CA 94102 (415) 575-3235 [3:96-cv-02905] (ga, COURT STAFF) (Entered: 09/17/1997)

Sept. 16, 1997

Sept. 16, 1997

PACER
28

STIPULATION and ORDER by Chief Judge Thelton E. Henderson : meet and confer re case management 12/12/97; initial disclosures 12/19/97; Case Management Statement is due 1/2/98 ; Case Management Conference set for 3:00 1/13/98 ;, extending time to answer by 11/28/97; extend MED deadline to 11/14/97 (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 09/26/1997)

Sept. 24, 1997

Sept. 24, 1997

PACER
29

AMENDED COMPLAINT [1-1] by Plaintiffs Robin Lucas, Valerie Mercadel, Raquel Douthit; jury demand ; adding Peter M. Carlson, USA, Kathleen Hawk, Constance Reese, Margaret Harding, L. R. Greer, Dennis Gillette, Charles Gillette [3:96-cv-02905] (ga, COURT STAFF) (Entered: 10/08/1997)

Oct. 1, 1997

Oct. 1, 1997

PACER

SUMMONS issued as to defendant O. Ivan White, defendant Loy Hayes, defendant Dennis Smith, defendant Sheila Yarborough, defendant Wayne Ernst, defendant Garfield Samuels, defendant Peter M. Carlson, defendant USA, defendant Kathleen Hawk, defendant Constance Reese, defendant Margaret Harding, defendant L. R. Greer, defendant Dennis Gillette, defendant Charles Gillette [3:96-cv-02905] (ga, COURT STAFF)

Oct. 8, 1997

Oct. 8, 1997

PACER
30

RETURN OF SERVICE unexecuted - original summons [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1997)

Oct. 30, 1997

Oct. 30, 1997

PACER
31

RETURN OF SERVICE executed upon defendant Peter M. Carlson, defendant Kathleen Hawk, defendant Constance Reese, defendant Margaret Harding, defendant L. R. Greer on 10/16/97 [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1997)

Oct. 30, 1997

Oct. 30, 1997

PACER
32

RETURN OF SERVICE executed upon defendant Garfield Samuels, defendant USA on 10/6/97 [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1997)

Oct. 30, 1997

Oct. 30, 1997

PACER
33

RETURN OF SERVICE executed upon defendant Peter M. Carlson, defendant Constance Reese, defendant Margaret Harding, defendant Kathleen Hawk, defendant L. R. Greer on 10/20/97 [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1997)

Oct. 30, 1997

Oct. 30, 1997

PACER
34

STIPULATION and ORDER by Judge Thelton E. Henderson : Case Management Statement is due 3/6/98 ; Case Management Conference set for 3:00 3/13/98 ; supplemental disclosure is due 2/20/98 ; ADR process will conclude by 1/16/98 ;, extending time to answer by 1/30/98 (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 12/01/1997)

Nov. 24, 1997

Nov. 24, 1997

PACER
35

PROOF OF SERVICE by Plaintiff Robin Lucas of summons [0-0], complaint [29-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 12/05/1997)

Nov. 25, 1997

Nov. 25, 1997

PACER
36

STIPULATION and ORDER by Judge Thelton E. Henderson : Status conference set for 3:00 3/3/98 ; vacating [34-1] Scheduling order Case Management Statement is due 3/6/98 ; Case Management Conference set for 3:00 3/13/98 ; supplemental disclosure is due 2/20/98 ; ADR process will conclude by 1/16/98 ; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 02/03/1998)

Jan. 30, 1998

Jan. 30, 1998

PACER
37

STATUS CONFERENCE STATEMENT by Plaintiff Robin Lucas [3:96-cv-02905] (ga, COURT STAFF) (Entered: 03/03/1998)

Feb. 27, 1998

Feb. 27, 1998

PACER
38

MINUTES: (C/R not reported) (Hearing Date: 3/3/98) Status conference held; parties report that this matter has been settled; Counsel to submit an order [3:96-cv-02905] (slh, COURT STAFF) (Entered: 03/05/1998)

March 4, 1998

March 4, 1998

PACER
39

STIPULATION and ORDER by Judge Thelton E. Henderson : dismissing case with prejudice; claims for injunctive relief are dismissed without prejudice; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 03/25/1998)

March 23, 1998

March 23, 1998

PACER
40

STIPULATION and ORDER by Judge Thelton E. Henderson : extending time to file motion for attorneys fees and costs for 60 days after the dismissal was entered; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 04/02/1998)

April 1, 1998

April 1, 1998

PACER
41

PROTECTIVE ORDER by Judge Thelton E. Henderson : (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 04/28/1998)

April 23, 1998

April 23, 1998

PACER
42

NOTICE OF MOTION AND MOTION before Judge Thelton E. Henderson by Plaintiff Robin Lucas for attorney fees and costs with Notice set for 6/29/98 at 10:00am [3:96-cv-02905] (ga, COURT STAFF) (Entered: 04/28/1998)

April 23, 1998

April 23, 1998

PACER
43

MEMORANDUM by Plaintiff Robin Lucas in support of motion for attorney fees and costs [42-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 04/28/1998)

April 23, 1998

April 23, 1998

PACER
44

SEALED document by Plaintiff Robin Lucas (declaration of Geri L. Green) (ga, COURT STAFF) (Entered: 04/28/1998)

April 23, 1998

April 23, 1998

PACER
45

SEALED document by Plaintiff Robin Lucas (declaration of Michael W. Bien) (ga, COURT STAFF) (Entered: 04/28/1998)

April 23, 1998

April 23, 1998

PACER
46

NOTICE of hearing by Plaintiff Robin Lucas setting motion for attorney fees and costs [42-1] ; hearing set for 10:00 7/20/98 [3:96-cv-02905] (ga, COURT STAFF) (Entered: 05/22/1998)

May 20, 1998

May 20, 1998

PACER
47

NOTICE of hearing by Plaintiff Robin Lucas setting motion for attorney fees and costs [42-1] ; hearing set for 10:00 8/3/98 [3:96-cv-02905] (ga, COURT STAFF) (Entered: 06/05/1998)

June 4, 1998

June 4, 1998

PACER
48

STIPULATION and ORDER by Judge Thelton E. Henderson : referring case for settlement to Mag. Judge Bernard Zimmerman vacating [42-1] motion for attorney fees and costs pending completion of the settlement conference; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 07/15/1998)

July 10, 1998

July 10, 1998

PACER
49

SCHEDULING ORDER by Mag. Judge Bernard Zimmerman : ; stlmnt conf set for 1:30 9/17/98 BZ (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 07/24/1998)

July 23, 1998

July 23, 1998

PACER
50

ORDER by Mag. Judge Bernard Zimmerman excusing attendance at settlement conference. (cc: all counsel) [3:96-cv-02905] (slh, COURT STAFF) (Entered: 09/16/1998)

Sept. 9, 1998

Sept. 9, 1998

PACER
51

SETTLEMENT CONFERENCE MINUTES: ( C/R JC98-22) ( Hearing Date: 9/17/98) Settlement conference held [3:96-cv-02905] (ga, COURT STAFF) (Entered: 09/23/1998)

Sept. 18, 1998

Sept. 18, 1998

PACER
52

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/1/98) case not settled; [3:96-cv-02905] (ga, COURT STAFF) (Entered: 10/08/1998)

Oct. 1, 1998

Oct. 1, 1998

PACER
53

STIPULATION and ORDER by Judge Thelton E. Henderson : setting hearing on motion for attorney fees and costs [42-1] 12/14/98; plaintiffs to file amended motion on 11/2/98 ; opposition due 11/17/98 and reply 11/24/98; (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 10/13/1998)

Oct. 7, 1998

Oct. 7, 1998

PACER
54

NOTICE OF MOTION AND MOTION before Judge Thelton E. Henderson by Raquel Douthit, Robin Lucas, Valerie Mercadel for attorney fees, litigation expense and costs; with Notice set for 12/14/98 at 10:00am [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
55

MEMORANDUM by Raquel Douthit, Robin Lucas, Valerie Mercadel in support of motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
56

DECLARATION by Warren E. George re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
57

DECLARATION by Tony Tamburello re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
58

DECLARATION by Sidney M. Wolinsky re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
59

DECLARATION by Beth H. Parker re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
60

DECLARATION by Doron Weinberg re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
61

DECLARATION by Richard M Pearl re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
62

DECLARATION by Geri L. Green re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
63

DECLARATION by Michael W. Bien re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/04/1998)

Nov. 3, 1998

Nov. 3, 1998

PACER
64

NOTICE by Plaintiff Robin Lucas, Plaintiff Valerie Mercadel of change of address [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/09/1998)

Nov. 6, 1998

Nov. 6, 1998

PACER
65

MEMORANDUM by defendant USA in opposition to motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/19/1998)

Nov. 17, 1998

Nov. 17, 1998

PACER
66

REPLY by Plaintiff Robin Lucas, Plaintiff Valerie Mercadel re motion for attorney fees, litigation expense and costs; [54-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/30/1998)

Nov. 24, 1998

Nov. 24, 1998

PACER
67

DECLARATION by Geri Lynn Green on behalf of Plaintiff Robin Lucas, Plaintiff Valerie Mercadel re reply [66-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/30/1998)

Nov. 24, 1998

Nov. 24, 1998

PACER
68

DECLARATION by Michael W. Bien on behalf of Robin Lucas, Valerie Mercadel re reply [66-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 11/30/1998)

Nov. 24, 1998

Nov. 24, 1998

PACER
69

MINUTES: ( C/R Rhonda Aquilina) ( Hearing Date: 12/14/98) that the motion for attorney fees, litigation expense and costs; [54-1] is submitted. [3:96-cv-02905] (RS, COURT STAFF) (Entered: 12/16/1998)

Dec. 14, 1998

Dec. 14, 1998

PACER
70

LETTER dated 12/31/98 from USA re meet and confer [3:96-cv-02905] (ga, COURT STAFF) (Entered: 01/08/1999)

Jan. 5, 1999

Jan. 5, 1999

PACER
71

REPLY by Plaintiff Raquel Douthit re letter [70-1] [3:96-cv-02905] (ga, COURT STAFF) (Entered: 01/08/1999)

Jan. 5, 1999

Jan. 5, 1999

PACER
72

ORDER by Judge Thelton E. Henderson granting motion for attorney fees, litigation expense and costs; plaintiffs are awarded interim attorneys fee in the amount of $508,898.34 and interim expenses and cost in the amount of $34,993.52 for a total interim award of $543,891.86 [54-1] ( Date Entered: 4/16/99) (cc: all counsel) [3:96-cv-02905] (ga, COURT STAFF) (Entered: 04/16/1999)

April 14, 1999

April 14, 1999

PACER
73

NOTICE OF APPEAL by defendant USA from Dist. Court decision order [72-1] Fee status ex [3:96-cv-02905] (ga, COURT STAFF) (Entered: 06/18/1999)

June 11, 1999

June 11, 1999

PACER

Copy of notice of appeal and docket sheet to all counsel [3:96-cv-02905] (ga, COURT STAFF)

June 18, 1999

June 18, 1999

PACER
74

TRANSCRIPT DESIGNATION and Ordering Form filed by defendant USA for dates none ordered ; ; [3:96-cv-02905] (db, COURT STAFF) (Entered: 07/02/1999)

June 28, 1999

June 28, 1999

PACER

NOTIFICATION by Circuit Court of Appellate Docket Number 99-16279 [3:96-cv-02905] (ga, COURT STAFF)

June 28, 1999

June 28, 1999

PACER
75

NOTICE by Plaintiff Valerie Mercadel of change of address to 1231 Market Street, Penthouse West, San Francisco CA 94103, (415) 575-3235 [3:96-cv-02905] (ga, COURT STAFF) (Entered: 07/12/1999)

July 1, 1999

July 1, 1999

PACER
76

TRANSCRIPT DESIGNATION and Ordering Form filed by defendant USA for dates 12/14/98 ; C/R: Rhonda Aquilina; [3:96-cv-02905] (db, COURT STAFF) (Entered: 07/14/1999)

July 8, 1999

July 8, 1999

PACER
77

REPORTER'S TRANSCRIPT; Date of proceedings: 12/14/98 (C/R: Rhonda L. Aquilina) [3:96-cv-02905] (tn, COURT STAFF) (Entered: 08/05/1999)

July 29, 1999

July 29, 1999

PACER

CERTIFICATE of Record mailed to USCA, counsel notified. [3:96-cv-02905] (tn, COURT STAFF)

Aug. 5, 1999

Aug. 5, 1999

PACER
78

CERTIFIED COPY of USCA Order: a further settlement conference will be held by telephone on 10/25/99 at 11:00am Pacific (San Francisco) time [3:96-cv-02905] (bug, COURT STAFF) (Entered: 10/22/1999)

Oct. 18, 1999

Oct. 18, 1999

PACER
79

STIPULATION and ORDER by Judge Thelton E. Henderson : dismissing case with prejudice (cc: all counsel) [3:96-cv-02905] (db, COURT STAFF) (Entered: 03/15/2000)

March 15, 2000

March 15, 2000

PACER
80

CERTIFIED COPY of USCA Order: dismissing the appeal [73-1]99-16279. Appellant's letter is construed as a motion to dismiss. The appeal is dismissed and each to bear own costs on appeal. [3:96-cv-02905] (db, COURT STAFF) (Entered: 03/22/2000)

March 20, 2000

March 20, 2000

PACER
81

CLERK's letter spreading the mandate to counsel. re appeal [73-1] [3:96-cv-02905] (db, COURT STAFF) (Entered: 03/22/2000)

March 22, 2000

March 22, 2000

PACER
82

MOTION to Relate Case Plaintiff's Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil Local Rule 3-12 filed by Robin Lucas. (Attachments: # 1 Declaration Declaration of Wendy Musell in Support of Plaintiff's Administrative Motion to Consider Whether Cases Should Be Related Pursuant to Civil Local Rule 3-12, # 2 Proposed Order Proposed Order Granting Plaintiff's Administrative Motion to Relate Cases Pursuant to Civil Local Rule 3-12, # 3 Certificate/Proof of Service)(Hulett, Denise) (Filed on 10/7/2011) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
83

CLERK'S NOTICE on 82 Motion to Relate Case. The Court has reviewed the motion and determined that cases C96-2905 TEH and C11-4915 DMR are not related and no reassignments shall occur (tmi, COURT STAFF) (Filed on 10/7/2011) (Entered: 10/07/2011)

Oct. 7, 2011

Oct. 7, 2011

PACER
84

MOTION to Intervene and Enforce the Settlement filed by Rhonda Fleming. Responses due by 9/24/2018. Replies due by 10/1/2018. (Attachments: #(1) Envelope) (tnS, COURT STAFF) (Filed on 9/10/2018) (Entered: 09/12/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
86

MOTION for Temporary Restraining Order filed by Intervenor Rhonda Fleming. (Attachments: #(1) Envelope) (tnS, COURT STAFF) (Filed on 9/17/2018) (Entered: 09/20/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
85

ORDER SETTING BRIEFING SCHEDULE as to 84 MOTION to Intervene and Enforce Settlement Agreement; AND INSTRUCTIONS TO CLERK. Signed by Judge Jeffrey S. White on 9/20/18. Responses due by 10/5/2018. Replies due by 10/26/2018. (Attachments: # 1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 9/20/2018) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
87

Mail sent to Donna Petrine returned as undeliverable re 85 Order, Set Motion and Deadlines/Hearings. (cjlS, COURT STAFF) (Filed on 10/3/2018) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

PACER
88

OPPOSITION/RESPONSE (re 84 MOTION to Intervene ) filed byRaquel Douthit, Robin Lucas, Valerie Mercadel. (Attachments: # 1 Declaration Michael W. Bien in Support, # 2 Certificate/Proof of Service)(Bien, Michael) (Filed on 10/5/2018) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
89

ORDER EXTENDING TIME FOR DEFENDANTS TO RESPOND AND FOR PLAINTIFF'S REPLY AND ADDRESSING MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Judge Jeffrey S. White on 10/9/18. (Attachments: # 1 Certificate/Proof of Service)(jjoS, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/10/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
90

Mail sent to M.J. Tony Paikeday returned as undeliverable re 85 Order. (cjlS, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/10/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
91

Declaration of Rhonda Fleming in Support of 86 Injunctive Relief Pursuant to 28 USC 1746 filed by Intervenor Rhonda Fleming. (Attachments: # 1 Envelope)(Related document(s) 86 ) (cjlS, COURT STAFF) (Filed on 10/9/2018) (Entered: 10/10/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
92

Putative Interveners' Sur-Reply MOTION to Reinstate the Case by Rhonda Fleming. (Attachments: # 1 Envelope)(cjlS, COURT STAFF) (Filed on 10/15/2018) (Entered: 10/16/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
93

Letter Brief for Issuance of TRO/PI filed by Rhonda Fleming. (Attachments: # 1 Envelope)(cjlS, COURT STAFF) (Filed on 10/15/2018) (Entered: 10/16/2018)

Oct. 15, 2018

Oct. 15, 2018

PACER
94

Motion for Emergency Hearing - MOTION to Vacate Judgment. Responses due by 11/15/2018. Replies due by 11/29/2018. (Attachments: # 1 Envelope)(cjlS, COURT STAFF) (Filed on 10/18/2018) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 13, 1996

Closing Date: 2000

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Several individual women incarcerated in BOP facilities (Camp Parks, FDC-Pleasanton and FCI-Dublin who were sexually assaulted and harassed by both staff and male prisoners.

Attorney Organizations:

Rosen, Bien, Galvan & Grunfeld

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal Correctional Institute, Dublin (Dublin, Alameda), Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Sexual abuse by residents/inmates

Sex w/ staff; sexual harassment by staff

Affected Gender:

Female

Type of Facility:

Government-run