Case: Lancaster v. Tilton / Thompson v. Gomez

3:79-cv-01630 | U.S. District Court for the Northern District of California

Filed Date: July 6, 1979

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On July 6, 1979, prisoners on death row at the California State Prison at San Quentin filed a class action lawsuit under 42 USC § 1983 in the U.S. District Court for the Northern District of California against the Prison Warden and the State Director of Corrections alleging a violation of their Eighth Amendment rights. A consent decree was entered on October 23, 1980, which required the prison to take corrective actions in areas such as housing, treatment, and privileges afforded to condemned …

On July 6, 1979, prisoners on death row at the California State Prison at San Quentin filed a class action lawsuit under 42 USC § 1983 in the U.S. District Court for the Northern District of California against the Prison Warden and the State Director of Corrections alleging a violation of their Eighth Amendment rights. A consent decree was entered on October 23, 1980, which required the prison to take corrective actions in areas such as housing, treatment, and privileges afforded to condemned prisoners.

In 1982, the plaintiffs moved to hold prison officials in contempt for failure to comply with the consent decree. Plaintiffs also moved for an order requiring the defendants to provide hearings for reclassifications of prisoners. Both motions were denied on June 29, 1982. The District Court (Judge Stanley A. Weigel) held that the officials were not in contempt because their noncompliance was based largely upon increases in prison populations and that officials were not required to provide hearings for reclassification. Thomson v. Enomoto, 542 F. Supp. 768 (N.D.Cal. 1982).

On January 11, 1985, plaintiffs moved to have a monitor appointed. After arguments on both sides, the Court appointed a monitor on March 25, 1985. The defendants appealed and the Court of Appeals for the Ninth Circuit (Judge Diarmuid Fionntain O'Scannlain) dismissed the appeal holding that the order was not appealable. Thompson v. Enomoto, 815 F.2d 1323 (9th Cir. 1987).

On March 17, 1988, after the monitor's second report, the parties agreed to modify the decree. The prison officials agreed to provide free weights for outside exercise and access to electronic typewriters. In exchange, the prisoners agreed to afford the prison officials latitude to restrain them during movement off the tier and to dismiss a pending action by an individual prisoner regarding access to typewriters.

On October 5, 1989, the District Court adopted the monitor's fourth report, which included a recommendation to withdraw certain privileges from Grade B condemned prisoners. The plaintiffs appealed regarding these recommended changes. The defendants also appealed the order adopting the fourth report. The Court of Appeals for the Ninth Circuit affirmed the adoption of the report on October 4, 1990. Thompson v. Enomoto, 915 F.2d 1383 (9th Cir. 1990).

In December, 1989, plaintiffs moved for attorney's fees and in an order dated December 12, 1990, plaintiffs were granted 82.7% of the fee amount they originally sought. In July, 1992, plaintiffs submitted a claim for merits fees incurred since the first motion for fees. In July, 1993, the District Court (Judge Weigel) approved an arithmetic reduction of fees-on-fees, such that the plaintiffs would be awarded 82.7% of the amount they requested. Plaintiffs appealed and the Court of Appeals (Judge Alfred Theodore Goodwin) affirmed on January 25, 1995. Thompson v. Gomez, 45 F.3d 1365 (9th Cir. 1995).

In 1997, defendants moved to terminate the remainder of the consent decree under the Prison Litigation Reform Act (PLRA), which requires courts to terminate prospective relief upon defendants' motion under certain circumstances. Plaintiffs filed a counter motion to declare the termination provision of the PLRA unconstitutional. The District Court (Judge Charles A. Legge) found that the termination provision, as applied, was constitutional and granted the defendants' motion for termination. Thompson v. Gomez, 993 F.Supp. 749 (N.D.Cal. 1997).

Plaintiffs appealed the termination. This appeal was consolidated with another Constitutional challenge to the PLRA. The Court of Appeals (Judge Betty Binns Fletcher) held that the District Court should have examined the court record and the relief granted by the decree in order to determine whether it was narrowly tailored and minimally intrusive, rather than simply having considered whether there were any explicit findings to this effect. Both cases were reversed and remanded. Gilmore v. People of the State of California, 220 F.3d. 987 (9th Cir. 2000).

In May 2004, Judge William Alsup denied the plaintiffs' motion to modify the consent decree. The plaintiffs' attempts to appeal were also denied. In May 2005, the parties jointly stipulated to certain modifications of the consent decree. Neither party presented any evidence, and counsel stipulated that the modification was based on violations of the Eighth Amendment and that it was narrowly drawn to correct the violation.

On October 4, 2006, the District Court refused to accept the stipulated PLRA findings and denied the motion to modify the consent decree, stating that it "cannot in good faith acquiesce in such a conclusory and collusive finding." Lancaster v. Tilton, No. C 79-01630, 2006 WL 2850015 (N.D. Cal. Oct. 4, 2006). Both parties appealed the District Court's decision, but in January 2007 filed a joint motion for voluntary dismissal.

On February 6, 2007, Judge Alsup awarded plaintiffs attorney's fees for the period from January 1, 1999 through December 31, 2006 in the amount of $141,797.63.

Plaintiffs filed three motions on April 2, 2007: a Motion to Modify the Consent Decree, a Motion for Contempt and Order Enforcing Consent Decree, and a Motion to Enforce Judgment. On June 21, 2007, Judge Alsup granted in part and denied in part the plaintiffs' Motion for Contempt and Enforcement, and found that an evidentiary hearing was necessary to determine certain issues (2007 WL 1807825). On August 21, 2007, defendants moved to terminate the consent decree. Due to an interlocutory appeal that was eventually withdrawn (07-16283), the hearing had to be renoticed in mid-October 2007.

Judge Alsup granted in part and denied in part defendants' motion to terminate the consent decree on December 21, 2007 (2007 WL 4570185). The District Court's Order terminated provisions related to the following issues: meals and hot carts, hobbycraft, high school education, classification, staff screening, interruption of access to exercise yards, weight benches, jump ropes, ping-pong tables, yard showers, clothing, number of tier showers, contents of showers, and group religious services. Many of these provisions were terminated because they exceeded any "federal right" within the meaning of the PLRA and thus were required to be terminated. Others were terminated because they were not necessary to correct a current and ongoing violation of a federal right. Judge Alsup also found there was a need for further factual development with respect to the remaining provisions in dispute regarding outdoor exercise, raincoats, laundry, cleaning supplies, shower cleaning, rodents and vermin, noise, tier telephones, visitation, and access to legal materials. Accordingly, Judge Alsup set an evidentiary hearing which began January 14, 2008 and lasted six days. On February 15, 2008, Judge Alsup issued an Order finding that with respect to cleaning supplies, shower cleaning, noise, rodents and vermin, either there were current and ongoing constitutional violations or, at a minimum, defendants had not carried their burden to establish the contrary. Judge Alsup found that defendants met their burden of showing that there were no current and ongoing constitutional violations for the rest of the provisions, which were then terminated by the Order (2008 WL 449844).

On February 28, 2008, Judge Alsup ordered Magistrate Judge Nandor J. Vadas to assist in supervising the consent decree and mediating certain issues relating to sanitary conditions from the February 15 Order. The parties met and, on March 25, 2008, entered into a stipulation regarding how the work would be accomplished so the facility would be in compliance with the District Court's February 15 Order.

Judge Alsup granted plaintiffs attorney's fees on July 14, 2008 (2008 WL 2774260). Judge Alsup specified the method the parties were to use to determine the fees, and the parties were directed to confer regarding the calculation.

On March 3, 2009, Magistrate Judge Nandor Vadas submitted a final report regarding the remaining violations in the consent decree and recommended the consent decree be vacated. Judge Alsup adopted the report on March 26, 2009 (2009 WL 837643). The parties were invited to show cause as to why the consent decree should not be vacated and the case closed. Neither party objected to the report or recommendation. On April 14, 2009, Judge Alsup terminated the consent decree.

The final award of attorney's fees and costs, for the period of January 1, 2009 to April 20, 2009, was awarded on May 1, 2009 in the amount of $3,841.04.

Summary Authors

Kristen Sagar (11/9/2006)

Samantha Kirby (11/12/2014)

Related Cases

Gilmore v. State of California, Northern District of California (1966)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4183141/parties/thompson-v-cate/


Judge(s)

Aldisert, Ruggero John (California)

Alsup, William Haskell (California)

Bright, Myron H. (North Dakota)

Fletcher, Betty Binns (Washington)

Goodwin, Alfred Theodore (California)

Hug, Procter Ralph Jr. (Nevada)

Legge, Charles A. (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Pregerson, Harry (California)

Schroeder, Mary Murphy (Arizona)

Judge(s)

Aldisert, Ruggero John (California)

Alsup, William Haskell (California)

Bright, Myron H. (North Dakota)

Fletcher, Betty Binns (Washington)

Goodwin, Alfred Theodore (California)

Hug, Procter Ralph Jr. (Nevada)

Legge, Charles A. (California)

O'Scannlain, Diarmuid Fionntain (Oregon)

Pregerson, Harry (California)

Schroeder, Mary Murphy (Arizona)

Skopil, Otto Richard Jr. (Oregon)

Tang, Thomas (Arizona)

Thompson, David R. (California)

Vadas, Nandor J. (California)

Weigel, Stanley Alexander (California)

Attorneys(s) for Plaintiff

Edwards, C. Kip (California)

Erickson, Arnold (California)

Fama, Steven (California)

Farbiarz, Rachel A. (California)

Farrell, John (California)

Fuller, Lynn D. (California)

Gayle, Steven R. (California)

Hardy, Alison (California)

Norman, Sara Linda (California)

Prado, Laura B. (California)

Rosen, Sanford Jay (California)

Satris, Michael H. (California)

Specter, Donald H. (California)

Stroud, Andrew Walter (California)

Wohl, Jeffrey D. (California)

Attorneys(s) for Defendant

Chen, Bonnie J (California)

Ciccotti, Christine Marie (California)

Crown, Allen Robert (California)

DeKercor, Diane E. (California)

DeKervor, Diane E. (California)

Deukmejian, George (California)

Donhoff, John G. Jr. (California)

East, Rochelle C. (California)

Humes, James M. (California)

Lungren, Daniel E. (California)

Mayer, Karl S. (California)

McClain, Damon Grant (California)

Mossler, Julianne (California)

O'Bannon, Danielle Felice (California)

O'Brien, Edward P. (California)

OReilley, Michael D. (California)

Philibosian, Robert H (California)

Russell, Jay C. (California)

Samuelson, Diana (California)

Siegel, Daniel Mark (California)

Siggins, Peter J. (California)

Stein, William D. (California)

Turner, Sara E. (California)

Ugaz, Sara (California)

Williamson, George H. (California)

Other Attorney(s)

Carbone, Charles F.A. (California)

Expert/Monitor/Master

Riggs, Robert R. (California)

Documents in the Clearinghouse

Document

Docket [Paper]

Thompson v. Enomoto

Feb. 20, 2001 Docket

Docket [PACER]

Thompson v. Cate

July 29, 2015 Docket
156

Order re contempt and for further proceedings

Thompson v. Enomoto

542 F.Supp. 768

June 29, 1982 Order/Opinion

Opinion

Thompson v. Enomoto

U. S. Court of Appeals for the Ninth Circuit

815 F.2d 1323

April 30, 1987 Order/Opinion

Opinion

Thompson v. Enomoto

U. S. Court of Appeals for the Ninth Circuit

915 F.2d 1383

Oct. 4, 1990 Order/Opinion

Opinion [Denying Writ for Certiorari]

Rowland v. Thompson

Supreme Court of the United States

502 U.S. 1071, 112 S.Ct. 965

Jan. 27, 1992 Order/Opinion

Opinion

Thompson v. Gomez

U. S. Court of Appeals for the Ninth Circuit

45 F.3d 1365

Jan. 25, 1995 Order/Opinion
734

Opinion and Order

Thompson v. Gomez

Dec. 24, 1997 Order/Opinion

Opinion

Gilmore v. People of the state of California

U. S. Court of Appeals for the Ninth Circuit

220 F.3d 987

Aug. 4, 2000 Order/Opinion
886

Order Granting Motion to Intervene

Thompson v. Woodford

2006 WL 889391, 2006 U.S.Dist.LEXIS 20155

April 6, 2006 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4183141/thompson-v-cate/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
778

ORDER by Executive Committee Case reassigned to Judge William H. Alsup ( Date Entered: 6/13/01) (cc: all counsel) [3:79-cv-01630] (kpc, COURT STAFF) Modified on 06/14/2001 (Entered: 06/13/2001)

June 11, 2001 PACER
779

MAIL on reassignment order addressed to Morris Lenk returned from Post Office with no forwarding address [3:79-cv-01630] (db, COURT STAFF) (Entered: 07/10/2001)

June 29, 2001 PACER
780

LETTER to the Court from Jeffrey D. Wohl re that firm withdrew as counsel dated 7/2/01 [3:79-cv-01630] (db, COURT STAFF) (Entered: 07/10/2001)

July 2, 2001 PACER
781

CLERK'S NOTICE Status conference set for 11:00 11/15/01 ; [3:79-cv-01630] (hdj, COURT STAFF) (Entered: 09/06/2001)

Aug. 29, 2001 PACER
782

ORDER by Judge William H. Alsup granting plaintiff's request for permission to withdraw as special fees counsel (cc: all counsel) [3:79-cv-01630] (tn, COURT STAFF) (Entered: 09/14/2001)

Sept. 10, 2001 PACER
783

LETTER from Sanford Jay Rosen, dated 9/6/01 to Clerk regarding clerk's notice scheduling case management conference on reassignment case [3:79-cv-01630] (tn, COURT STAFF) (Entered: 09/14/2001)

Sept. 10, 2001 PACER
784

NOTICE of entry of order by Plaintiff Maurice S. Thompson [782-1] order [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 09/17/2001)

Sept. 17, 2001 PACER

RECEIVED returned mail addressed to Robert Riggs (moved) re: [781-2] [3:79-cv-01630] (kpc, COURT STAFF)

Sept. 24, 2001 PACER

RECEIVED stipulation to continue case management conference submitted by Plaintiff Maurice S. Thompson [3:79-cv-01630] (kpc, COURT STAFF)

Nov. 5, 2001 PACER
785

STIPULATION to continue case management conference [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 11/08/2001)

Nov. 6, 2001 PACER
786

ORDER by Judge William H. Alsup denying continuance of case management conference due to inadequate cause shown ( Date Entered: 11/8/01) (cc: all counsel) [3:79-cv-01630] (kpc, COURT STAFF) Modified on 11/08/2001 (Entered: 11/08/2001)

Nov. 6, 2001 PACER
787

SECOND STIPULATION and request to continue case management conference [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 11/13/2001)

Nov. 8, 2001 PACER

RECEIVED Proposed Order ( Plaintiff Maurice S. Thompson ) re: stipulation [787-1] [3:79-cv-01630] (kpc, COURT STAFF)

Nov. 8, 2001 PACER
788

ORDER by Judge William H. Alsup continuing case management conference until 1/10/02 at 11am, ( Date Entered: 11/15/01) (cc: all counsel) [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 11/15/2001)

Nov. 9, 2001 PACER
789

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 01/08/2002)

Jan. 3, 2002 PACER
790

ORDER by Judge William H. Alsup Case management conference set for 11:00 5/9/02 ; Deadline for filing motion to terminate consent decree is 4/25/02 ; ( Date Entered: 1/14/02) (cc: all counsel) [3:79-cv-01630] (rcs, COURT STAFF) (Entered: 01/14/2002)

Jan. 10, 2002 PACER
791

MINUTES: CMC-Held-( C/R Jeanne Bishop) ( Hearing Date: 1/10/02) Further CMC set for 5/9/02 at 11am. Defendant shall file a motion by 4/25/02 [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 01/17/2002)

Jan. 10, 2002 PACER
792

CLERK'S NOTICE rescheduling case management conference for 11:00 7/18/02 ; [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 06/28/2002)

June 21, 2002 PACER
793

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 07/17/2002)

July 10, 2002 PACER
794

MINUTES:Further CMC held ( C/R Sahar Demos) ( Hearing Date: 7/18/02) [3:79-cv-01630] (kpc, COURT STAFF) (Entered: 07/24/2002)

July 18, 2002 PACER
795

NOTICE OF CHANGE OF ASSIGNED DEPUTY ATTORNEY GENERAL by defendant Jiro J. Enomoto [3:79-cv-01630] (ci, COURT STAFF) (Entered: 09/03/2003)

Aug. 27, 2003 PACER
796

ATTORNEY SUBSTITUTION: terminating attorney Allen R. Crown for Jiro J. Enomoto as counsel for by defendant Jiro J. Enomoto and substituting attorney Sara Turner [3:79-cv-01630] (dcap, COURT STAFF) (Entered: 09/03/2003)

Sept. 3, 2003 PACER
797

LETTER dated 11/13/03 from Gerald Dean Cruz re status of legal brief filed on October 7, 2003. [3:79-cv-01630] (ci, COURT STAFF) (Entered: 11/19/2003)

Nov. 13, 2003 PACER

RECEIVED Received Motion submitted by Plaintiff Maurice S. Thompson [3:79-cv-01630] (ci, COURT STAFF)

Nov. 14, 2003 PACER
798

ORDER Re Pro Se Motion Filed October 30, 2003 by Judge William H. Alsup. The instant motion is DENIED without prejudice to Cruz's contentions being raised by class counsel. The Clerk of the Court shall send a copy of Cruz's filings to Steven Fama Donald Spector of the Prison Law Office, who represents the plaintiff class ( Date Entered: 11/20/03) (cc: all counsel) [3:79-cv-01630] (ci, COURT STAFF) (Entered: 11/20/2003)

Nov. 14, 2003 PACER
799

STATEMENT Re: Contentions of Class Member Requesting Modification of Decree Provison Pertaining to typewriter Memory Capacity by Plaintiff Maurice S. Thompson [3:79-cv-01630] (ci, COURT STAFF) (Entered: 12/19/2003)

Dec. 15, 2003 PACER
800

EX-PARTE APPLICATION before Judge William H. Alsup by Douglas Clark to modify and compel complaince [3:79-cv-01630] (slh, COURT STAFF) (Entered: 01/08/2004)

Jan. 7, 2004 PACER
801

MOTION by Douglas Clark before Judge William H. Alsup to gain "service status" [3:79-cv-01630] (slh, COURT STAFF) (Entered: 01/08/2004)

Jan. 7, 2004 PACER
802

MOTION before Judge William H. Alsup to modify consent decree [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/04/2004)

May 4, 2004 PACER
803

MOTION before Judge William H. Alsup to modify consent decree [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/04/2004)

May 4, 2004 PACER
804

MOTION before Judge William H. Alsup to modify consent decree [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/04/2004)

May 4, 2004 PACER
805

ORDER by Judge William H. Alsup denying motion to modify consent decree [804-1], denying motion to modify consent decree [803-1], denying motion to modify consent decree [802-1], denying motion to gain "service status" [801-1], denying motion to modify and compel complaince [800-1] ( Date Entered: 05/04/04) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/04/2004)

May 4, 2004 PACER
806

NOTICE OF APPEAL filed by Douglas Clark from Dist. Court decision order [805-1] Fee status not paid [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/13/2004)

May 12, 2004 PACER
807

IN FORMA PAUPERIS AFFIDAVIT for leave to proceed in forma pauperis [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/13/2004)

May 12, 2004 PACER

Copy of notice of appeal and docket sheet to all counsel [3:79-cv-01630] (sis, COURT STAFF)

May 13, 2004 PACER
808

ORDER denying request for certificate of appealability and denying application to proceed ifp by Judge William H. Alsup ( Date Entered: 05/17/04) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/19/2004)

May 18, 2004 PACER

NOTIFICATION by Circuit Court of Appellate Docket Number 04-16030 [3:79-cv-01630] (sis, COURT STAFF)

June 3, 2004 PACER
809

LETTER dated 05/22/04 from Douglas Clark requesting complete copy of docket sheet be sent to the Ninth Circuit. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 06/10/2004)

June 9, 2004 PACER
810

LETTER from Douglas Clark dated 05/29/04 stating more filings will be coming. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 06/14/2004)

June 9, 2004 PACER
811

OBJECTIONS to Denial of Certificate of Appealability. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 06/14/2004)

June 9, 2004 PACER
812

DECLARATION in Opposition to Denial of Certificate of Appealability by Douglas Clark [3:79-cv-01630] (sis, COURT STAFF) (Entered: 06/14/2004)

June 9, 2004 PACER

Copy of corrected docket sheet mailed to USCA and to all counsel [3:79-cv-01630] (sis, COURT STAFF)

June 10, 2004 PACER
813

LETTER from Douglas Clark requesting copy of Docket Sheet. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/02/2004)

Aug. 2, 2004 PACER
814

LETTER from Douglas Clark requesting copy of Docket Sheet. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/02/2004)

Aug. 2, 2004 PACER
815

ORDER re: Pro Se Request for Copies of Docket Sheet and Documents by Judge William H. Alsup ( Date Entered: 08/02/04) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/02/2004)

Aug. 2, 2004 PACER

RECEIVED Joint Request & Proposed Order to Continue Date for Filing Joint Status Statement submitted by Plaintiff Maurice S. Thompson [3:79-cv-01630] (sis, COURT STAFF)

Aug. 18, 2004 PACER
816

ORDER by Judge William H. Alsup Continuing Date for Filing Joint Status Statement ( Date Entered: 08/20/04) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/26/2004)

Aug. 20, 2004 PACER
817

JOINT CASE MANAGEMENT STATEMENT filed. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 09/28/2004)

Sept. 27, 2004 PACER
818

COPY of judgment from USCA dismissing the appeal for failure to prosecute [806-1] [3:79-cv-01630] (sis, COURT STAFF) (Entered: 10/06/2004)

Oct. 5, 2004 PACER
819

CLERK's letter spreading the mandate to counsel. re appeal [806-1] [3:79-cv-01630] (sis, COURT STAFF) (Entered: 10/06/2004)

Oct. 6, 2004 PACER
820

MAIL addressed to Donald Specter, Esq. returned from Post Office [3:79-cv-01630] (sis, COURT STAFF) (Entered: 11/01/2004)

Nov. 1, 2004 PACER
821

NOTICE of related case(s) 04-4634MHP. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 11/03/2004)

Nov. 2, 2004 PACER
822

ORDER by Judge William H. Alsup denying related case notice [821-1] ( Date Entered: 11/23/04) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 11/23/2004)

Nov. 23, 2004 PACER
823

NOTICE OF REDESIGNATION OF COUNSEL by defendant Jiro J. Enomoto [3:79-cv-01630] (sis, COURT STAFF) (Entered: 01/12/2005)

Jan. 7, 2005 PACER

Docket Modification (Administrative) to withdrawing attorney Sara Turner for Jiro J. Enomoto and substituting attorney Bonnie Chen [3:79-cv-01630] (sis, COURT STAFF)

Jan. 7, 2005 PACER
824

ORDER REQUESTING AGREEMENT REGARDING STATUS OF CONSENT DECREE by Judge William H. Alsup ( Date Entered: 04/07/05) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 04/07/2005)

April 7, 2005 PACER
825

JOINT CASE STATUS STATEMENT by defendant Jiro J. Enomoto [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/23/2005)

May 20, 2005 PACER
826

STIPULATION FOR MODIFICATION OF THE CONSENT DECREE. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 05/23/2005)

May 20, 2005 PACER
827

ORDER REQUESTING CORRECTED STIPULATION AND SETTING STATUS CONFERENCE by Judge William H. Alsup Status conference set for 11:00 8/4/05 ; ( Date Entered: 07/15/05) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 07/15/2005)

July 14, 2005 PACER
828

JOINT RESPONSE by Plaintiff Maurice S. Thompson, defendant Jiro J. Enomoto to Court order Requesting Corrected Stipulation. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 07/22/2005)

July 21, 2005 PACER
829

DEFENDANT'S RESPONSE TO COURT ORDER REQUESTING STATUS OF CONSTRUCTION PLANS by defendant Jiro J. Enomoto re order [827-2] [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/03/2005)

Aug. 3, 2005 PACER
830

MINUTES: ( C/R Jeanne Bishop) ( Hearing Date: 08/04/05) Further Status conference set for 11:00 11/17/05 ; Fairness hearing will be held 8:00 1/19/06 ; Court wants counsel to have approval from the Public Works Dept. for the building for the Death Row Inmates by October 2005. Plaintiff's counsel shall file a proposed class notice with an order for preliminary approval within 30 days. Parties shall file a joint case management statement by 11/10/05. [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/05/2005)

Aug. 4, 2005 PACER
831

ORDER by Judge William H. Alsup Status conference set for 11:00 11/17/05 ; Plaintiff's counsel shall file by 09/05/05, a proposed form of clas notice of the consent decree modification. Defense counsel shall file any objections by 09/12/05; By 12/15/05, parties shall submit a stipulated proposed plan for how the Court shall conduct the fairness hearing ( Date Entered: 08/08/05) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/08/2005)

Aug. 5, 2005 PACER
832

NOTICE OF REDESIGNATION OF COUNSEL FOR SERVICE by defendant Jiro J. Enomoto [3:79-cv-01630] (sis, COURT STAFF) (Entered: 08/29/2005)

Aug. 26, 2005 PACER

Docket Modification (Administrative) to withdrawing attorney Bonnie Chen for Jiro J. Enomoto and substituting attorney Rochelle C. East [3:79-cv-01630] (sis, COURT STAFF)

Aug. 26, 2005 PACER

RECEIVED Stipulation and Proposed Order re: Providing Notice to Condemned Prisoners of Stipulation to Modify Consent Decree submitted by Plaintiff Maurice S. Thompson [3:79-cv-01630] (sis, COURT STAFF)

Sept. 6, 2005 PACER
833

STIPULATION and ORDER RE PROVIDING NOTICE TO CONDEMNED PRISONERS OF STIPULATION TO MODIFY CONSENT DECREE by Judge William H. Alsup : (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 09/08/2005)

Sept. 7, 2005 PACER
834

ORDER RE: INMATE COMMENTS by Judge William H. Alsup ( Date Entered: 10/13/05) (cc: all counsel) [3:79-cv-01630] (sis, COURT STAFF) (Entered: 10/13/2005)

Oct. 12, 2005 PACER
835

JOINT CASE MANAGEMENT STATEMENT filed by Maurice S. Thompson, Jiro J. Enomoto. (sis, COURT STAFF) (Filed on 11/10/2005) (Entered: 11/10/2005)

Nov. 10, 2005 PACER
836

Minute Entry: Further Case Management Conference held on 11/17/2005 before William Alsup (Date Filed: 11/17/2005). Fairness Hearing scheduled for 01/19/06 @ 8:00 am. (Court Reporter Joan Columbini.) (sis, COURT STAFF) (Date Filed: 11/17/2005) (Entered: 11/22/2005)

Nov. 17, 2005 PACER

Set Deadlines/Hearings: Fairness Hearing set for 1/19/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (sis, COURT STAFF) (Filed on 11/17/2005)

Nov. 17, 2005 PACER
837

MOTION to Related Case. Case No. C05-4868 JSW. (sis, COURT STAFF) (Filed on 12/6/2005) (Entered: 12/07/2005)

Dec. 6, 2005 PACER

Received Order re 837 MOTION to Related Case. (sis, COURT STAFF) (Filed on 12/6/2005)

Dec. 6, 2005 PACER
838

NOTICE OF CHANGED CASE NAME. Signed by Judge Alsup on 12/13/05. (whalc2, COURT STAFF) (Filed on 12/13/2005) (Entered: 12/13/2005)

Dec. 13, 2005 RECAP
839

ORDER RE FILING BY DOUGLAS CLARK. Signed by Judge Alsup on 12/13/05. (whalc2, COURT STAFF) (Filed on 12/13/2005) (Entered: 12/13/2005)

Dec. 13, 2005 RECAP
840

OBJECTIONS to the Proposed Modification of the Operative Consent Decree filed by Douglas Clark. (rcs, COURT STAFF) (Filed on 12/13/2005) (Entered: 12/16/2005)

Dec. 13, 2005 PACER
841

OBJECTIONS to the Proposed Modification of the Operative Consent Decree filed by William Kirkpatrick, Jr. (rcs, COURT STAFF) (Filed on 12/15/2005) (Entered: 12/16/2005)

Dec. 15, 2005 PACER
842

JOINT STATEMENT RE: FAIRNESS HEARING filed byMaurice S. Thompson, Roderick Q. Hickman. (sis, COURT STAFF) (Filed on 12/15/2005) (Entered: 12/21/2005)

Dec. 15, 2005 PACER
843

ORDER by Judge William Alsup granting 837 Motion to Relate Case. Case C05-4868. (sis, COURT STAFF) (Filed on 12/16/2005) (Entered: 12/21/2005)

Dec. 16, 2005 PACER
844

NOTICE OF MOTION AND MOTION to Intervene; Memorandum of Points and Authorities; Declaration of Counsel; Exhibits; Request for Judicial Notice filed by Freddie Fuiava. Motion Hearing set for 1/26/2005 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (sis, COURT STAFF) (Filed on 12/16/2005) (Entered: 12/21/2005)

Dec. 16, 2005 PACER
845

MOTION to Related Case, Case C05-5213 SBA . (sis, COURT STAFF) (Filed on 12/20/2005) (Entered: 12/22/2005)

Dec. 20, 2005 PACER

Received Order re 845 MOTION to Related Case. (sis, COURT STAFF) (Filed on 12/20/2005)

Dec. 20, 2005 PACER
846

Renotice motion hearing re 844 MOTION to Intervene filed byFreddie Fuiava. Motion Hearing set for 3/2/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (sis, COURT STAFF) (Filed on 1/4/2006) (Entered: 01/05/2006)

Jan. 4, 2006 PACER
847

ORDER RELATING CASE. Case 05-5214. Signed by Judge William Alsup on 01/05/06. (sis, COURT STAFF) (Filed on 1/5/2006) (Entered: 01/05/2006)

Jan. 5, 2006 PACER
848

JOINT STATEMENT RE: FAIRNESS OF STIPULATION FOR MODIFICATION OF THE CONSENT DECREE by Maurice S. Thompson, Roderick Q. Hickman. (sis, COURT STAFF) (Filed on 1/5/2006) (Entered: 01/09/2006)

Jan. 5, 2006 PACER
850

REQUEST FOR DISMISSAL OF NON-CLASS ACTION CONSENT DECREE filed by Scott Pinholster and Luis Maciel. (sis, COURT STAFF) (Filed on 1/9/2006) (Entered: 01/18/2006)

Jan. 9, 2006 PACER
849

CORRECTED ORDER re 847 Order Relating Case. Case C05-5213 is related to 79-1630, Case C05-5214 in not related. Signed by Judge William Alsup on 01/11/06. (sis, COURT STAFF) (Filed on 1/11/2006) (Entered: 01/11/2006)

Jan. 11, 2006 PACER
851

Minute Entry: Fairness Hearing held on 1/19/2006 before William Alsup (Date Filed: 1/19/2006). (Court Reporter Jim Yeomans.) (sis, COURT STAFF) (Date Filed: 1/19/2006) (Entered: 01/20/2006)

Jan. 19, 2006 PACER
852

SUPPLEMENTAL JOINT Statement re Fairness of Stipulation for Modification of the Consent Decree filed byMaurice S. Thompson, Roderick Q. Hickman. (sis, COURT STAFF) (Filed on 1/30/2006) (Entered: 01/31/2006)

Jan. 30, 2006 PACER
853

STIPULATION AND ORDER. Signed by Judge William Alsup on 02/01/06. (sis, COURT STAFF) (Filed on 2/1/2006) (Entered: 02/03/2006)

Feb. 1, 2006 PACER
854

Renotice motion hearing re 844 MOTION to Intervene filed byFreddie Fuiava. Motion Hearing set for 4/5/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (sis, COURT STAFF) (Filed on 2/7/2006) (Entered: 02/08/2006)

Feb. 7, 2006 PACER
855

ORDER RE SCHEDULING AND PLAINTIFFS. Signed by Judge Alsup on 2/9/06. (whalc2, COURT STAFF) (Filed on 2/9/2006) (Entered: 02/09/2006)

Feb. 9, 2006 RECAP
856

AMENDED Renotice motion hearing re 844 MOTION to Intervene filed byFreddie Fuiava. Motion Hearing set for 4/6/2006 11:00 AM in Courtroom 9, 19th Floor, San Francisco. (sis, COURT STAFF) (Filed on 2/9/2006) (Entered: 02/10/2006)

Feb. 9, 2006 PACER
857

Minute Entry: Fairness Hearing held on 2/9/2006 before William Alsup (Date Filed: 2/9/2006). Case is referred to Magistrate Chen for mediation. Court would like to know, since Maurice Thompson is no longer on death row, if any plaintiff is on death row. Courts finds the proposed Intervenor Fuiava is an objector to the consent decree and should submit a brief on the modification of consent decree 21 days prior to the hearing; Responses and oppositions to the motion to intervene should be filed 14 days prior; and the reply 7 days prior.(Court Reporter Belle Ball.) (sis, COURT STAFF) (Date Filed: 2/9/2006) (Entered: 02/15/2006)

Feb. 9, 2006 PACER
858

NOTICE OF SETTLEMENT CONFERENCE AND SETTLEMENT CONFERENCE ORDER Settlement Conference set for 3/6/2006 09:30 AM. Signed by Judge Edward M. Chen on 02/22/06. (sis, COURT STAFF) (Filed on 2/22/2006) (Entered: 02/24/2006)

Feb. 22, 2006 PACER
859

CLERK'S NOTICE Settlement Conference set for 3/13/2006 09:30 AM. (sis, COURT STAFF) (Filed on 3/6/2006) (Entered: 03/07/2006)

March 6, 2006 PACER
860

Minute Entry: Settlement Conference (Date Filed: 3/13/2006). Further Settlement Conference scheduled for 3/27/06 at 10:00 am; Court to issue order. (Court Reporter N/A.) (sis, COURT STAFF) (Date Filed: 3/13/2006) (Entered: 03/16/2006)

March 13, 2006 PACER
861

ORDER REGARDING MEET AND CONFER AND SETTING FURTHER SETTLEMENT CONFERENCE Further Settlement Conference statements shall be lodged by 3/24/06. Settlement Conference set for 3/27/2006 10:00 AM.. Signed by Judge Edward M. Chen on 03/13/06. (sis, COURT STAFF) (Filed on 3/13/2006) (Entered: 03/16/2006)

March 13, 2006 PACER
862

INTERVENER'S SUPPLEMENTAL BRIEF ON MODIFICATION TO CONSENT DECREE filed byFreddie Fuiava. (sis, COURT STAFF) (Filed on 3/16/2006) (Entered: 03/17/2006)

March 16, 2006 PACER
863

Renotice motion hearing re 844 MOTION to Intervene filed byFreddie Fuiava. Motion Hearing set for 4/26/2006 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (sis, COURT STAFF) (Filed on 3/17/2006) (Entered: 03/20/2006)

March 17, 2006 PACER

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Key Dates

Filing Date: July 6, 1979

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoners on death row at the California State Prison at San Quentin.

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 and Rehabilitation (Marin), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

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

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1979 - 2009

Content of Injunction:

Monitoring

Issues

General:

Bathing and hygiene

Classification / placement

Conditions of confinement

Food service / nutrition / hydration

Law library access

Loss or damage to property

Phone

Recreation / Exercise

Religious programs / policies

Sanitation / living conditions

Visiting

Type of Facility:

Government-run