Case: Gonzales v. Gomez

3:89-cv-01439 | U.S. District Court for the Northern District of California

Filed Date: April 27, 1989

Clearinghouse coding complete

Case Summary

On April 27, 1989, Michael Gonzales, a prisoner of the state of California, filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff asked the court to award him injunctive relief and damages for the defendants' failure to provide him with supervised physical therapy, arguing that the deprivation amounted to deliberate indifference to his medical needs.On March 6, 1991, the U.S. Dis…

On April 27, 1989, Michael Gonzales, a prisoner of the state of California, filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff asked the court to award him injunctive relief and damages for the defendants' failure to provide him with supervised physical therapy, arguing that the deprivation amounted to deliberate indifference to his medical needs.

On March 6, 1991, the U.S. District Court for the Northern District of California (Judge Charles Legge) granted the plaintiff a preliminary injunction requiring the defendants to provide him with physical therapy. On June 12, 1992, the court (Judge Legge) entered summary judgment in favor of the plaintiff, awarding him damages in the amount of one dollar. On July 9, 1992, both parties appealed.

On June 26, 1995, the U.S. Court of Appeals for the Ninth Circuit (Judge Mary Schroeder, Judge Robert Beezer, and Judge David Thompson) affirmed the district court's opinion. Gonzales v. Gomez, 1995 WL 378781 (9th Cir.(Cal.) June 26, 1995).

Summary Authors

Kristen Sagar (3/31/2006)

People


Judge(s)

Beezer, Robert R. (Washington)

Langford, F. Steele (California)

Legge, Charles A. (California)

Schroeder, Mary Murphy (Arizona)

Thompson, David R. (California)

Attorneys(s) for Plaintiff

Unruh, Rocky N. (California)

Attorneys(s) for Defendant

Lenk, Morris (California)

Lockyer, Bill (California)

Meyers, Beverly R. (California)

Prince, George D. (California)

Judge(s)

Beezer, Robert R. (Washington)

Langford, F. Steele (California)

Legge, Charles A. (California)

Schroeder, Mary Murphy (Arizona)

Thompson, David R. (California)

Attorneys(s) for Plaintiff

Unruh, Rocky N. (California)

Attorneys(s) for Defendant

Lenk, Morris (California)

Lockyer, Bill (California)

Meyers, Beverly R. (California)

Prince, George D. (California)

Slavin, Bruce Michael (California)

Williamson, George H. (California)

Documents in the Clearinghouse

Document

Docket (PACER)

Gonzalez v. Rowland

June 27, 1997 Docket

Memorandum

U. S. Court of Appeals for the Ninth Circuit

59 F.3d 175

June 26, 1995 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT no process. (tl, COURT STAFF) (Entered: 03/12/1991)

April 27, 1989
1

In forma pauperis Affidavit (tl, COURT STAFF) (Entered: 03/12/1991)

April 27, 1989
12

ORDER by Judge Charles A. Legge dismissing party Daniel Vasquez (cc: all counsel) (tl, COURT STAFF) (Entered: 03/12/1991)

Nov. 28, 1989
34

ORDER by Judge Charles A. Legge for appointment of counsel of Rocky Unruh & Dennis FAarias of Morgenstein & Jubelirer for plaintiff. (cc: all counsel) (tl, COURT STAFF) (Entered: 03/12/1991)

June 25, 1990
40

FIRST AMENDED COMPLAINT [1-1] by plaintiff Michael Eric Gonzales; jury demand (tl, COURT STAFF) (Entered: 03/12/1991)

July 19, 1990
44

ANSWER by defendant Brenton A. Textor to FIRST AMENDED COMPLAINT; jury demand (tl, COURT STAFF) (Entered: 03/12/1991)

Sept. 12, 1990
58

SECOND AMENDED COMPLAINT [40-1] by plaintiff Michael Eric Gonzales; jury demand (tl, COURT STAFF) (Entered: 03/12/1991)

Oct. 22, 1990
68

ANSWER by defendant James Rowland, defendant Brenton A. Textor to SECOND AMENDED COMPLAINT; jury demand (tl, COURT STAFF) (Entered: 03/12/1991)

Dec. 19, 1990
80

REPORT AND RECOMMENDATION by Magistrate Woelflen. Following evidentiary hearing, plaintiff have established that he has a serious medical need. Plaintiff is in need of supervised physical therapy. concerning (cc: all counsel) (tl, COURT STAFF) (Entered: 03/12/1991)

Feb. 5, 1991
81

ORDER by Judge Charles A. Legge (cc: all counsel) (tl, COURT STAFF) (Entered: 03/12/1991)

March 6, 1991
82

CLERK'S NOTICE ; Status conference set for 5/10/91 @ 11:00am (tl, COURT STAFF) (Entered: 03/15/1991)

March 12, 1991
83

OBJECTIONS by defendant James Rowland, defendant Brenton A. Textor to order [81-1] (tl, COURT STAFF) (Entered: 03/21/1991)

March 18, 1991
84

ORDER by Judge Charles A. Legge Regarding defendants' objections to part 3 of order of 3/6/91. (cc: all counsel) (tl, COURT STAFF) (Entered: 03/28/1991)

March 27, 1991
86

STATUS REPORT by defendant James Rowland, defendant Brenton A. Textor (tl, COURT STAFF) (Entered: 05/07/1991)

May 3, 1991
87

MINUTES: ( C/R none) ; All motions hrg 7/12/91 @ 9:30am ; Motion filing ddl 6/7/91 (tl, COURT STAFF) (Entered: 05/14/1991)

May 10, 1991
88

MOTION by plaintiff Michael Eric Gonzales for order holding defendants in civil contempt of court with Notice set for 7/12/91 @ 9:30am (tl, COURT STAFF) (Entered: 06/11/1991)

June 7, 1991
89

MEMORANDUM by plaintiff Michael Eric Gonzales in support of motion for order holding defendants in civil contempt of court [88-1] (tl, COURT STAFF) (Entered: 06/11/1991)

June 7, 1991
90

DECLARATION by Asha Bajaj on behalf of plaintiff Michael Eric Gonzales re motion for order holding defendants in civil contempt of court [88-1] (tl, COURT STAFF) (Entered: 06/11/1991)

June 7, 1991
91

DECLARATION by Dennis M. Farias on behalf of plaintiff Michael Eric Gonzales re motion for order holding defendants in civil contempt of court [88-1] (tl, COURT STAFF) (Entered: 06/11/1991)

June 7, 1991

RECEIVED Order re: [88-1] (tl, COURT STAFF) (Entered: 06/11/1991)

June 7, 1991
92

BRIEF FILED by defendant James Rowland, defendant Brenton A. Textor to the court re: plaintiff's medical condition (tl, COURT STAFF) (Entered: 06/24/1991)

June 19, 1991
93

DECLARATION by Leonard Shedler, D.O. on behalf of defendant James Rowland, defendant Brenton A. Textor (tl, COURT STAFF) (Entered: 06/24/1991)

June 20, 1991
94

OPPOSITION by defendant James Rowland, defendant Brenton A. Textor to motion for order holding defendants in civil contempt of court [88-1] (tl, COURT STAFF) (Entered: 07/02/1991)

July 1, 1991
95

REPLY by plaintiff Michael Eric Gonzales re motion for order holding defendants in civil contempt of court [88-1] (tl, COURT STAFF) (Entered: 07/05/1991)

July 2, 1991
96

SECOND DECLARATION by Dennis M. Farias on behalf of plaintiff Michael Eric Gonzales re motion for order holding defendants in civil contempt of court [88-1] (tl, COURT STAFF) (Entered: 07/05/1991)

July 2, 1991
97

SUPPLEMENT by defendant James Rowland, defendant Brenton A. Textor re brief [92-1] (tl, COURT STAFF) (Entered: 07/05/1991)

July 3, 1991
98

MINUTES: ( C/R Candace Francis) granting motion for order holding defendants in civil contempt of court [88-1] ; Status conference continued to 8/23/91 @ 11:00am (tl, COURT STAFF) (Entered: 07/16/1991)

July 12, 1991
99

MOTION by defendant for relief from court's 3/6/91 order with Notice set for 8/23/91 @ 9:30am (tl, COURT STAFF) (Entered: 07/29/1991)

July 26, 1991

RECEIVED Order re: [99-1] (tl, COURT STAFF) (Entered: 07/29/1991)

July 26, 1991
101

ORDER by Judge Charles A. Legge holding defendants in civil contempt of court ( Date Entered: 7/30/91) (cc: all counsel) (tl, COURT STAFF) (Entered: 07/30/1991)

July 29, 1991
102

MEMORANDUM by plaintiff Michael Eric Gonzales in opposition motion for relief from court's 3/6/91 order [99-1] (tl, COURT STAFF) (Entered: 08/12/1991)

Aug. 9, 1991
103

SECOND REPORT by defendant James Rowland, defendant Brenton A. Textor re: plaintiff's medical condition & defendant's compliance with the court's 3/6/91 order. (tl, COURT STAFF) (Entered: 08/12/1991)

Aug. 9, 1991
104

REPLY by defendant re opposition memorandum [102-1] (tl, COURT STAFF) (Entered: 08/14/1991)

Aug. 13, 1991
105

DECLARATION by David K. Thomas, R.P.T. on behalf of defendant James Rowland, defendant Brenton A. Textor (tl, COURT STAFF) (Entered: 08/15/1991)

Aug. 13, 1991

RECEIVED Declaration of Leonard Shedler submitted by defendant James Rowland, defendant Brenton A. Textor (tl, COURT STAFF) (Entered: 08/19/1991)

Aug. 16, 1991
106

MINUTES: ( C/R Candace Francis) denying motion for relief from court's 3/6/91 order [99-1] granting motion for order holding defendants in civil contempt of court [88-1] ; Status conference held. ; Status conference continued to 10/11/91 @ 11:00 (tl, COURT STAFF) (Entered: 08/28/1991)

Aug. 23, 1991
107

THIRD REPORT re plaintiff's medical condition by defendants James Rowland and Brenton A. Textor in compliance with order [81-1] (mp, COURT STAFF) (Entered: 10/21/1991)

Oct. 17, 1991
108

STATUS CONFERENCE STATEMENT by plaintiff Michael Eric Gonzales (mp, COURT STAFF) (Entered: 10/21/1991)

Oct. 17, 1991
109

MINUTES: ( C/R not reported) status conference held ; judge will read defendant's report filed 10/17/91 (mp, COURT STAFF) (Entered: 10/22/1991)

Oct. 18, 1991
110

SUPPLEMENTAL STATUS CONFERENCE STATEMENT by plaintiff Michael Eric Gonzales (mp, COURT STAFF) Modified on 10/29/1991 (Entered: 10/29/1991)

Oct. 24, 1991
110

REPLY by plaintiff Michael Eric Gonzales re defendant's third report [107-1] (mp, COURT STAFF) (Entered: 10/29/1991)

Oct. 24, 1991
111

REPORTER'S TRANSCRIPT Date of proceedings: 8/23/91 ( C/R: Candace L. Francis) (mp, COURT STAFF) (Entered: 11/01/1991)

Oct. 28, 1991
112

ORDER of Reference by Judge Charles A. Legge for referral to special master referring matter to Unassigned (cc: all counsel) (mp, COURT STAFF) (Entered: 11/01/1991)

Oct. 29, 1991
113

DECLARATION by Leonard Shedler, D.O. on behalf of defendants Rowland and Textor (mp, COURT STAFF) (Entered: 11/01/1991)

Oct. 29, 1991
114

PRE-TRIAL ORDER by Mag. Judge F. S. Langford Hearing set for 2/10/92 at 9:30am in courtroom 16 ; Pre-trial conference set for 1/24/92 at 9:30am in courtroom 16 ( Date Entered: 11/7/91) (cc: all counsel) (mp, COURT STAFF) (Entered: 11/07/1991)

Nov. 6, 1991
115

MAIL [114-2] addressed to defendant Brenton A. Textor returned from Post Office (mp, COURT STAFF) (Entered: 11/14/1991)

Nov. 12, 1991

RECEIVED Stipulation and Order ( plaintiff Michael Eric Gonzales ) continuing evidentiary hearing (mp, COURT STAFF) (Entered: 01/15/1992)

Jan. 14, 1992
116

STIPULATION and ORDER by Mag. Judge F. S. Langford : Hearing reset to 3/30/92 at 9:30am; Pre-hearing conference 3/16/92 at 9:30am (cc: all counsel) (mp, COURT STAFF) (Entered: 01/21/1992)

Jan. 15, 1992
117

REPORTER'S TRANSCRIPT Date of proceedings: 1/23/91 (C/R: Judith N. Dudeck) (mp, COURT STAFF) Modified on 01/28/1992 (Entered: 01/28/1992)

Jan. 23, 1992
118

REPORTER'S TRANSCRIPT Date of proceedings: 1/24/91 (C/R: Judith N. Dudeck) (mp, COURT STAFF) (Entered: 01/28/1992)

Jan. 23, 1992
119

SPECIAL REPORT by defendants Rowland and Textor (mp, COURT STAFF) (Entered: 01/29/1992)

Jan. 24, 1992
120

DECLARATION by George Prince on behalf of defendant re SPECIAL REPORT [119-1] (mp, COURT STAFF) (Entered: 01/29/1992)

Jan. 24, 1992

RECEIVED Order re medical examination of plaintiff ( plaintiff) (lc, COURT STAFF) (Entered: 02/21/1992)

Feb. 19, 1992
121

STIPULATION and ORDER by Mag. Judge F. S. Langford : re medical examination of plaintiff (cc: all counsel) (gba, COURT STAFF) (Entered: 02/24/1992)

Feb. 21, 1992
122

MINUTES: (C/R none) evidentiary hearing continued to 4/15/92 at 9:30am to accommodate plaintiff's witness, all parties agree (mp, COURT STAFF) (Entered: 03/03/1992)

Feb. 27, 1992
123

SCHEDULING ORDER by Mag. Judge F. S. Langford : ; pretrial conference set for 4/8/92 at 1:30pm (cc: all counsel) (mp, COURT STAFF) (Entered: 03/26/1992)

March 25, 1992
124

REPORTER'S TRANSCRIPT; Date of proceedings: 1/23/91 ( C/R: Judith N. Dudeck) (mp, COURT STAFF) (Entered: 04/02/1992)

March 31, 1992
125

WRIT OF HABEAS CORPUS AD TESTIFICANDUM by Judge Charles A. Legge to Warden Robert Gorg of New Folsom Prison for appearance of plaintiff Michael E. Gonzales at USDC 4/15/92 at 9:00am before Magistrate F. Steele Langford (copy of order to writ clerk) (Date Entered: 4/7/92) (cc: all counsel) (mp, COURT STAFF) (Entered: 04/07/1992)

April 2, 1992

RECEIVED exhibit list submitted by plaintiff Michael Eric Gonzales (mp, COURT STAFF) (Entered: 04/10/1992)

April 7, 1992
127

DESIGNATION OF WITNESS(ES) submitted by plaintiff Michael Eric Gonzales (mp, COURT STAFF) (Entered: 04/10/1992)

April 7, 1992
128

OBJECTIONS by plaintiff Michael Eric Gonzales to evidence (mp, COURT STAFF) (Entered: 04/10/1992)

April 7, 1992
129

PRE-HEARING BRIEF FILED by plaintiff Michael Eric Gonzales (mp, COURT STAFF) (Entered: 04/10/1992)

April 7, 1992
135

EXHIBIT list by plaintiff Michael Eric Gonzales (ml, COURT STAFF) (Entered: 04/21/1992)

April 7, 1992
130

BRIEF FILED by defendant James Rowland, defendant Brenton A. Textor, defendant Jack Williams, defendant Steve Cambra re evidentiary hearing (mp, COURT STAFF) (Entered: 04/13/1992)

April 8, 1992
131

EXHIBITS re evidentiary hearing brief [130-1] (mp, COURT STAFF) (Entered: 04/13/1992)

April 8, 1992
132

DESIGNATION OF WITNESS(ES) submitted by defendant James Rowland, defendant Brenton A. Textor, defendant Jack Williams, defendant Steve Cambra (mp, COURT STAFF) (Entered: 04/13/1992)

April 8, 1992
133

MINUTES 4/8/92: (C/R Carl Pline) denying defendant's motion for reconsideration (mp, COURT STAFF) (Entered: 04/15/1992)

April 9, 1992
134

RENEWAL OF DEMAND for jury trial by defendant James Rowland, defendant Brenton A. Textor (mp, COURT STAFF) (Entered: 04/21/1992)

April 14, 1992
136

MINUTES: ( C/R Rosita Flores) ; In-court hearing (evidence) 4/16/92 at 1:30 (ml, COURT STAFF) (Entered: 04/21/1992)

April 15, 1992

MOTION by defendant for jury trial on the issues in open court. To be ruled upon by Judge Legge (ml, COURT STAFF) (Entered: 04/21/1992)

April 15, 1992
137

TRIAL MINUTES: (C/R Rosita Flores) Further evidentiary hearing 4/17/92 at 3:00p.m. Testimony of David Thomas (th, COURT STAFF) (Entered: 04/21/1992)

April 16, 1992
138

ORDER by Mag. Judge F. S. Langford that plaintiff Michael E. Gonzales shall be returned to Folsom Prison on 4/16/92 at the conclusion of proceedings in this matter on that date (copy of order to writ clerk) (cc: all counsel) (mp, COURT STAFF) (Entered: 04/21/1992)

April 16, 1992
139

MINUTES: (C/R Rosita Flores) Evidentiary Hearing held before Magistrate Langford ; testimony of Stephen Ofori ; case submitted (mp, COURT STAFF) (Entered: 04/21/1992)

April 17, 1992
141

REPORT AND RECOMMENDATION by Chief Magistrate F. Steele Langford concerning USDC's 3/6/91 order (copy of order to writ clerk) (cc: all counsel) (mp, COURT STAFF) (Entered: 04/27/1992)

April 23, 1992
142

OBJECTIONS by plaintiff Michael Eric Gonzales REPORT AND RECOMMENDATION by Chief Magistrate F. Steele Langford [141-1] (mp, COURT STAFF) (Entered: 05/06/1992)

May 4, 1992
143

MEMORANDUM by plaintiff Michael Eric Gonzales in support of objections [142-1] (mp, COURT STAFF) (Entered: 05/06/1992)

May 4, 1992
144

NOTICE by plaintiff Michael Eric Gonzales of hearing on objections to Report and Recommendation on 6/5/92 at 9:30am (mp, COURT STAFF) (Entered: 05/06/1992)

May 4, 1992
145

OBJECTIONS by defendant James Rowland REPORT AND RECOMMENDATION by Chief Magistrate F. Steele Langford [141-1] (mp, COURT STAFF) (Entered: 05/08/1992)

May 7, 1992
146

RESPONSE by defendants re objection [142-1] (mp, COURT STAFF) (Entered: 05/26/1992)

May 22, 1992
147

REPLY MEMORANDUM by plaintiff Michael Eric Gonzales in support of objection [142-1] (mp, COURT STAFF) (Entered: 06/03/1992)

May 29, 1992
148

CLERK'S NOTICE resetting hearing on plaintiff's objection [142-1] 9:30 6/12/92 (mp, COURT STAFF) (Entered: 06/03/1992)

June 2, 1992
149

REPORTER'S TRANSCRIPT (Vol. 1 of 3) Date of proceedings: 3/15/92 (C/R: Rosita Flores) (mp, COURT STAFF) (Entered: 06/08/1992)

June 5, 1992
150

REPORTER'S TRANSCRIPT (Vol. 2 of 3) Date of proceedings: 4/16/92 (C/R: Rosita Flores) (mp, COURT STAFF) (Entered: 06/08/1992)

June 5, 1992
151

REPORTER'S TRANSCRIPT (Vol. 3 of 3) Date of proceedings: 4/17/92 (C/R: Rosita Flores) (mp, COURT STAFF) (Entered: 06/08/1992)

June 5, 1992

Text not available. (Entered: 06/18/1992)

June 12, 1992
152

MINUTES: (C/R Jim Yeomans) denying plaintiff's objections to magistrate's findings ; court upholds findings and recommendations ; plaintiff is entitled to only four more therapy visits ; court awards plaintiff damages in the amount of one dollar (mp, COURT STAFF) (Entered: 06/18/1992)

June 12, 1992
153

REPORTER'S TRANSCRIPT; Date of proceedings: 6/12/92 ( C/R: James Yeomans) (mp, COURT STAFF) (Entered: 07/01/1992)

June 29, 1992
154

NOTICE OF APPEAL by defendants James Gomez, Brenton Textor and Kenneth S. Shephard from Dist. Court decision minutes [152-1] and Findings of Fact and Conclusions of Law and Recommendations by Chief Magistrate F. Steele Langford [141-1] ; fee paid (on 7/10/92) receipt #22243 ; transcript designation and ordering form given (mp, COURT STAFF) (Entered: 07/10/1992)

July 9, 1992

Copy of notice of appeal and docket sheet to all counsel (mp, COURT STAFF) (Entered: 07/10/1992)

July 10, 1992

NOTIFICATION by Circuit Court of Appellate Docket Number 92-16238 re 7/9/92 appeal (mp, COURT STAFF) (Entered: 07/22/1992)

July 21, 1992
155

TRANSCRIPT DESIGNATION and Ordering Form filed by defendant for dates 1/23-24/91, 7,12/91, 8/23/91, 10/18/91; re appeal [154-1] (ab, COURT STAFF) (Entered: 08/14/1992)

Aug. 10, 1992
156

JUDGMENT: by Judge Charles A. Legge pursuant to Mag. Judge Langford's Findings of Facts and Conclusions of Law, defendants shall provide 4 additional physical therapy sessions to plaintiff... and defendants shall pay plaintiff damages in the amount of $1.00 ; terminating case ; appeal filing ddl 9/23/92 ( Date Entered: 8/24/92) (cc: all counsel) (mcl, COURT STAFF) (Entered: 08/24/1992)

Aug. 20, 1992
157

NOTICE by plaintiff Michael Eric Gonzales of entry of judgment (mcl, COURT STAFF) (Entered: 09/11/1992)

Sept. 3, 1992
159

AMENDED NOTICE OF APPEAL by defendant Brenton A. Textor, defendant James Gomez, defendant Kenneth Shephard from Dist. Court decision judgment [156-2] ; amendment to notice of appeal [154-1] (mcl, COURT STAFF) (Entered: 09/16/1992)

Sept. 4, 1992
158

REPORTER'S TRANSCRIPT; Date of proceedings: 7/12/91 ( C/R: Candy Francis) (mcl, COURT STAFF) (Entered: 09/14/1992)

Sept. 8, 1992

Docket fee notification form and case information sheet to USCA [159-1] (mcl, COURT STAFF) (Entered: 09/16/1992)

Sept. 16, 1992

Copy of notice of appeal and docket sheet to all counsel re appeal [159-1] (mcl, COURT STAFF) (Entered: 09/16/1992)

Sept. 16, 1992
160

NOTICE OF APPEAL by plaintiff Michael Eric Gonzales from Dist. Court decision judgment [156-2] ifpp ; TDO given (mcl, COURT STAFF) (Entered: 09/21/1992)

Sept. 18, 1992
161

DECLARATION by Michael E. Gonzales re right to proceed on appeal in forma pauperis [160-1] (mcl, COURT STAFF) (Entered: 09/21/1992)

Sept. 18, 1992

Docket fee notification form and case information sheet to USCA [160-1] (mcl, COURT STAFF) (Entered: 09/21/1992)

Sept. 21, 1992

State / Territory: California

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 27, 1989

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Prisoner alleging deliberate indifference to his medical needs by prison officials

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

California Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1992 - 1995

Content of Injunction:

Preliminary relief granted

Issues

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run