Case: Toussaint v. McCarthy / Wright v. Enonmoto

3:73-cv-01422 | U.S. District Court for the Northern District of California

Filed Date: Aug. 15, 1973

Closed Date: Feb. 13, 1997

Clearinghouse coding complete

Case Summary

In 1973, prisoners confined in administrative segregation in four California state prisons - San Quentin, Folsom, Dueul Vocational Institute at Tracy, and the Correctional Training Facility at Soledad - filed a class-action 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 plaintiffs sought relief on two claims: 1) that they had been placed in administrative segregation without any procedural …

In 1973, prisoners confined in administrative segregation in four California state prisons - San Quentin, Folsom, Dueul Vocational Institute at Tracy, and the Correctional Training Facility at Soledad - filed a class-action 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 plaintiffs sought relief on two claims: 1) that they had been placed in administrative segregation without any procedural examination of whether they should be there, and 2) that they had been subjected to cruel and unusual punishment due to the poor conditions in which they were confined.

The administrative segregation claim was tried in a separate case called Wright v. Enomoto. In that lawsuit, a three-judge panel granted relief, finding that the plaintiffs' rights had been violated by a lack of due process when they were placed into administrative segregation. Wright v. Enomoto, 462 F.Supp. 397 (N.D.Cal. 1976). The defendants appealed this finding, and the Supreme Court affirmed it two years later. Wright v. Enomoto, 434 U.S. 1052 (1978).

This case involved the second claim for relief, in which the plaintiffs argued that their constitutional rights had been violated by poor conditions of confinement, including physical conditions, sanitation, food services, educational practices, medical services, placement and retention procedures, and the psychological impact of confinement in administrative segregation. On November 3, 1980, the District Court (Judge Stanley A. Weigel) granted a preliminary injunction to the plaintiffs, finding that the totality of conditions at Deuel, San Quentin, and Soledad were unconstitutional. The Court did not find that any specific part of the prison was unconstitutional, but the Court felt that the conditions as a whole were not good enough. The defendants appealed. On March 13, 1981, the U.S. Court of Appeals for the Ninth Circuit (Judge Joseph Tyree Sneed III) vacated the preliminary injunction and remanded the case for reconsideration. The Court found that the District Court had erred in its use of the "totality of conditions" approach, finding that only specific unconstitutional conditions may be remedied by the Eighth Amendment. The Ninth Circuit chided the District Court for trying to institute a prison reform program on its own under the guise of correcting cruel and unusual punishment. Wright v. Rushen, 642 F.2d 1129 (9th Cir. 1981).

On remand two years later, the District Court (Judge Weigel) re-issued the preliminary injunction, finding that specific conditions of confinement, including double-celling in small, window-less cells, inadequate lighting, heating, ventilation and plumbing, poor sanitation, inadequate food service, and inadequate medical care, were unconstitutional because they violated the Eighth Amendment prohibition on cruel and unusual punishment. Toussaint v. Rushen, 553 F.Supp. 1366 (N.D.Cal. 1983).

The defendants appealed, and on January 5, 1984, the Ninth Circuit (Judge William Cameron Canby, Jr.) partially affirmed and partially vacated the District Court's issuance of the preliminary injunction, finding that the District Court's finding that double-celling engendered violence, tension, and psychiatric problems, as well as the finding that physical conditions of the cells were inadequate, were valid. The Ninth Circuit vacated the portion of the injunction specifying the types and quantities of food that the inmates must be provided was invalid and must be overturned. Toussaint v. Yockey, 722 F.2d 1490 (9th Cir. 1984).

On October 18, 1984, following a trial on the merits, the District Court held that the conditions of confinement were unconstitutional with respect to double-celling, heating, ventilation, lighting, noise, plumbing, food preparation and storage, access to courts, clothing, laundry, and bedding. Toussaint v. McCarthy, 597 F.Supp. 1388 (N.D.Cal. 1984). The defendants appealed.

On September 30, 1986, the Ninth Circuit (Judge Robert R. Beezer) partially affirmed and partially vacated the District Court's opinion, remanding it for reconsideration. Specifically, the Ninth Circuit held that 1) due process required only that prison officials hold an informal nonadversary hearing within a reasonable time after the prisoner is placed in segregation, inform him of the charges against him, and give him an opportunity to present his views, 2) that it was error for the District Court to substitute its views for those of the prison administrator in determining when a prisoner should be released, 3) that review of segregation should be conducted more frequently than annually, 4) that the decision to place a prisoner in segregated confinement must be supported by some evidence, 5) that complaints about medical care did not rise to the level of an Eighth Amendment violation, and 6) that the denial of contact visits and work programs did not violate the Eighth Amendment. Toussaint v. McCarthy 801 F.2d 1080 (9th Cir. 1986). The parties sought Supreme Court review, and on May 26, 1987, the U.S. Supreme Court denied the petition for writ of certiorari. McCarthy v. Toussaint, 481 U.S. 1069 (1987).

On remand on April 20, 1989, the District Court (Judge Weigel) held that the review of indeterminate segregation decisions was required to occur every 90 days, that the defendants must undergo special procedures before placing inmates in indeterminate segregation, and that the defendants could not rely on polygraph examinations regarding gang affiliations as the basis for assigning prisoners to segregation. Toussaint v. Rowland, 711 F.Supp. 536 (N.D.Cal. 1989).

Both parties appealed, and on October 30, 1990, the Ninth Circuit (Judge John T. Noonan, Jr.) partially affirmed and partially reversed, holding that the continued appointment of a monitor to review decisions to assign inmates to segregation for administrative reasons was unwarranted. Toussaint v. McCarthy, 926 F.2d 800 (9th Cir. 1990). The parties sought Supreme Court review, and on October 7, 1991, the U.S. Supreme Court denied the petition for writ of certiorari. Toussaint v. McCarthy, 502 U.S. 874 (1991).

On June 29, 1992, the District Court (Stanley Weigel) entered a judgment that noted that the case was being "dismissed," but apparently continuing post-judgment monitoring. (We have only the docket sheet, not the order itself.) The state appealed this and other orders relating to fees, but the parties then agreed to dismissal of those appeals in July 1994. In January 1997, the parties jointly applied to vacate the injunctions and finally dismiss the case. The Court agreed, dismissing the case with prejudice on Feb. 13, 1997.

Summary Authors

Kristen Sagar (10/8/2007)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/9455925/parties/wright-v-enomoto/


Judge(s)

Beezer, Robert R. (Washington)

Brazil, Wayne D. (California)

Canby, William Cameron Jr. (Arizona)

Chambers, Richard Harvey (Arizona)

Kennedy, Anthony McLeod (District of Columbia)

Kozinski, Alex (California)

Noonan, John T. Jr. (California)

Rea, William J. (California)

Schroeder, Mary Murphy (Arizona)

Sneed, Joseph Tyree III (California)

Judge(s)

Beezer, Robert R. (Washington)

Brazil, Wayne D. (California)

Canby, William Cameron Jr. (Arizona)

Chambers, Richard Harvey (Arizona)

Kennedy, Anthony McLeod (District of Columbia)

Kozinski, Alex (California)

Noonan, John T. Jr. (California)

Rea, William J. (California)

Schroeder, Mary Murphy (Arizona)

Sneed, Joseph Tyree III (California)

Weigel, Stanley Alexander (California)

Wiggins, Charles Edward (California)

Wright, Eugene Allen (Washington)

Attorneys(s) for Plaintiff

Arriola, Anita P. (California)

Asaro, Andrea G. (California)

Baller, Morris J. (California)

Bergesen, B. E. III (California)

Comiskey, Paul Wayne (California)

Fama, Steven (California)

Fiering, Susan S. (California)

Fins, Deborah (New York)

Flanagan, Sarah G. (California)

Goldblatt, Ellen Sue (California)

Greenberg, Jack (New York)

Hulett, Denise M. (California)

Jones, Constance M. (California)

Lew, David (California)

Littlefield, Margaret (California)

Martinez, Vilma S. (California)

Miller, Samuel R. (California)

Phillips, Barbara Y. (California)

Resnick, Andrea (California)

Reynolds, Gary P. (California)

Rosen, Sanford Jay (California)

Satris, Michael H. (California)

Smith, James F. (California)

Specter, Donald H. (California)

Sturdevant, James C. (California)

Ternus, Frances (California)

Turner, William Bennett (California)

Wolinsky, Sidney M. (California)

Zimmerman, Bernard S. (California)

Attorneys(s) for Defendant

Buzzell, C. Michael (California)

Cuneo, James B. (California)

Dove, Thomas P. (California)

Gifford, Paul D. (California)

Lungren, Daniel E. (California)

Mayer, Karl S. (California)

Murphy, John T. (California)

OReilley, Michael D. (California)

Prahl, William G. (California)

Prince, George D. (California)

Rivlin, Catherine A. (California)

Siggins, Peter J. (California)

Slavin, Bruce Michael (California)

Stein, William D. (California)

Utz, Jerome C. (California)

Van de Kamp, John K. (California)

Williamson, George H. (California)

Younger, Evelle J. (California)

Other Attorney(s)

Hernandez, Antonia (California)

Expert/Monitor/Master

Chavez, Mark A. (California)

Documents in the Clearinghouse

Document

3:73-cv-01422

Docket (PACER)

Wright v. Enomoto

Nov. 25, 1997

Nov. 25, 1997

Docket

3:73-cv-01422

Findings of Fact, Conclusions of Law and Judgment

Wright v. Enomoto

462 F.Supp. 397, 1972 U.S.Dist.LEXIS 12946

Sept. 30, 1976

Sept. 30, 1976

Order/Opinion

77-00504

Memo Decision

Enomoto v. Wright

Supreme Court of the United States

434 U.S. 1052, 98 S.Ct. 1223, 55 L.Ed.2d 756

Feb. 21, 1978

Feb. 21, 1978

Order/Opinion

80-04534

Opinion

Wright v. Rushen

U. S. Court of Appeals for the Ninth Circuit

642 F.2d 1129, 1981 U.S.App.LEXIS 19307

Feb. 12, 1981

Feb. 12, 1981

Order/Opinion

3:73-cv-01422

Findings of Fact and Conclusions of Law on Granting Preliminary Injunction

Toussaint v. Rushen

553 F.Supp. 1365, 1983 U.S.Dist.LEXIS 20013

Jan. 14, 1983

Jan. 14, 1983

Order/Opinion

83-01678

83-01775

Reported Opinion

Toussaint v. Yockey

U. S. Court of Appeals for the Ninth Circuit

722 F.2d 1490, 1984 U.S.App.LEXIS 26698

Jan. 5, 1984

Jan. 5, 1984

Order/Opinion

3:73-cv-01422

Findings of fact, conclusions of law, and order on motion for adjudication of contempt

Toussaint v. McCarthy

597 F.Supp. 1427, 1984 U.S.Dist.LEXIS 22654

Oct. 18, 1984

Oct. 18, 1984

Order/Opinion

3:73-cv-01422

Findings of Fact and Conclusions of Law

Toussaint v. McCarthy

597 F.Supp. 1388, 1984 U.S.Dist.LEXIS 22653

Oct. 18, 1984

Oct. 18, 1984

Order/Opinion

84-02833

85-02526

85-01878

85-01507

Reported Opinion

Toussaint v. McCarthy

U. S. Court of Appeals for the Ninth Circuit

801 F.2d 1080, 1986 U.S.App.LEXIS 31429

Sept. 30, 1986

Sept. 30, 1986

Order/Opinion

86-01587

Opinion

Toussaint v. McCarthy

Supreme Court of the United States

481 U.S. 1069, 107 S.Ct. 2462, 95 L.Ed.2d 871

May 26, 1987

May 26, 1987

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9455925/wright-v-enomoto/

Last updated Aug. 1, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link

RECORD on Appeal to USCA RETURNED in the form of transcipt #2600, cnsl notified. (dm, COURT STAFF) (Entered: 08/16/1991)

Jan. 10, 1991

Jan. 10, 1991

RECORD on Appeal to USCA RETURNED in the form of transcipt #2600, cnsl notified. (dm, COURT STAFF)

Jan. 10, 1991

Jan. 10, 1991

PACER
3135

OBJECTIONS by plaintiff to the sixth report of the monitor, as modified (lc, COURT STAFF)

Feb. 6, 1991

Feb. 6, 1991

PACER
3136

NOTICE by monitor re seventy-sixth itemized statement of fees and expenses of monitor (lc, COURT STAFF)

Feb. 7, 1991

Feb. 7, 1991

PACER
3137

REPLY by defendant re [3135-1] (lc, COURT STAFF)

Feb. 13, 1991

Feb. 13, 1991

PACER
3138

DECLARATION by Samuel R. Miller on behalf of plaintiff Joseph Toussaint regarding plaintiffs' twenty-second quarterly statement of fees for monitoring compliance with the permanent injunction (Fourth Quarter 1990). (ma, COURT STAFF)

March 1, 1991

March 1, 1991

PACER
3239

NOTICE by plaintiff of change of address of Sidney Wolinsky to: 2212 Sixth Street, Berkeley, CA 94710 415-644-2627 (dm, COURT STAFF)

March 7, 1991

March 7, 1991

PACER
3139

Seventy-Seventh Monthly itemized STATEMENT of Fees and Expenses of Monitor. (ma, COURT STAFF)

March 13, 1991

March 13, 1991

PACER
3140

SIXTH REPORT OF THE MONITOR (cc: all counsel) (ma, COURT STAFF)

March 15, 1991

March 15, 1991

PACER
3141

REQUEST by defendant James Rowland et al for Status Conference [L.R. 235-3 (ma, COURT STAFF)

March 18, 1991

March 18, 1991

PACER
3142

Original U.S. Marshal Process Receipt and Return of Writ of Execution/Notice of Levy as to Account No. 148-2-80005 Bank of America EXECUTED 02/22/91. (ma, COURT STAFF)

March 18, 1991

March 18, 1991

PACER

RECEIVED order to show cause submitted by plaintiff re: [3148-1] (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3143

RESPONSE by plaintiff to defendant's request for status conference (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3144

APPLICATION by plaintiff for an order granting leave to file memorandum in support of motion for comtempt and other relief exceeding 25 pages (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3145

DECLARATION by James C. Sturdevant on behalf of plaintiff re application to file memorandum in excess of 25 pages [3144-1] (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3146

DECLARATION in support of motion for contempt and other relief by James C. Sturdevant on behalf of plaintiff (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3147

SEPARATE APPENDIX filed by plaintiff in support of motion for contempt and other reliefs (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3148

APPLICATION by plaintiff for Order to Show Cause (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3149

PROOF OF SERVICE by plaintiff of documents numbered [3143-3148] (dm, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3150

MOTION by plaintiff Joseph Toussaint for contempt and other relief with Notice set for unnoticed. (fs, COURT STAFF)

March 21, 1991

March 21, 1991

PACER
3151

MEMORANDUM of Points and Authorities by plaintiff Joseph Toussaint in support of motion for contempt and other relief [3150-1]. (ma, COURT STAFF)

March 25, 1991

March 25, 1991

PACER
3152

ORDER by Senior Judge Stanley A. Weigel granting leave to file memorandum of points and authorities in support of motion for contempt and other relief exceeding twenty five pages [3144-1]. (cc: all counsel) (ma, COURT STAFF)

March 25, 1991

March 25, 1991

PACER
3153

ORDER TO SHOW CAUSE: by Senior Judge Stanley A. Weigel James Rowland and Eddie Meyers to appear before this court 05/9/91 at 2:15 pm to show cause why they should not be held in contempt of Court for violating Court's preliminary injunction entered 01/14/83. (cc: all counsel) (ma, COURT STAFF)

March 26, 1991

March 26, 1991

PACER
3154

NOTICE by plaintiff of filing Declaration of Joseph Melchor (dm, COURT STAFF)

March 28, 1991

March 28, 1991

PACER
3155

DECLARATION by Joseph Anthony Melchar on behalf of plaintiff re motion for contempt and other relief [3150-1] (dm, COURT STAFF)

March 28, 1991

March 28, 1991

PACER
3156

PROOF OF SERVICE by plaintiff of OSC; order re leave to file memorandum (dm, COURT STAFF)

March 28, 1991

March 28, 1991

PACER

RECEIVED Stipulation and Proposed Protective Order by defendant James D. Rowland et al for information disclosed in discovery. (ma, COURT STAFF)

April 4, 1991

April 4, 1991

PACER
3157

LETTER, dated 03/22/91, from Peter J. Siggins to Judge Stanley Weigel re: in the interest of economy it may be desirable to schedule this matter for trial on all issues, including the Deuel Vocational Institution at Tracy. (ma, COURT STAFF)

April 5, 1991

April 5, 1991

PACER
3158

STIPULATION and Protective ORDER by Judge Stanley A. Weigel : plaintiffs, agents, attorneys, and staff of their attorneys' offices shall not, except upon express leave of this Court, divulge any "identifying information" disclosed in discovery . (cc: all counsel) (ma, COURT STAFF)

April 5, 1991

April 5, 1991

PACER
3159

Seventy-Eighth monthly itemized statement of fees and expenses of monitor. (ma, COURT STAFF)

April 8, 1991

April 8, 1991

PACER
3187

STIPULATION and ORDER by Magistrate Joan S. Brennan : plaintiffs to voluntarily pay the undisputed amount and any legal interest owing in full no later than 15 days after the date each quarterly order is signed by the magistrate ; if payment is not voluntarily made by the 15th day, counsel for plaintiffs may obtain said amount by writ of execution upon state funds and/or other appropriate accounts by certification under penalty of perjury that voluntary payment had not been made . (cc: all counsel) (ma, COURT STAFF)

April 16, 1991

April 16, 1991

PACER
3188

ORDER by Magistrate Joan S. Brennan granting stipulation [3187-2] the following sums became collectable and legal interest began accruing on such sums as of the date indicated: Quarterly Statement 21st ; Amount $21,125.06 ; Interest Rate 6.62% ; Daily Interest $3.83 ; Date Interest Began Accruing 01/31/91 . (cc: all counsel) (ma, COURT STAFF)

April 16, 1991

April 16, 1991

PACER

RECEIVED Proposed Order denying emergency application [3160-1]. (ma, COURT STAFF)

April 18, 1991

April 18, 1991

PACER
3160

Emergency APPLICATION by plaintiff Joseph Toussaint et al for an Order granting entry into CTF-Soledad by plaintiffs' representatives on 04/19/91 to interview class members. (ma, COURT STAFF)

April 18, 1991

April 18, 1991

PACER
3161

DECLARATION by James C. Sturdevant on behalf of plaintiff Joseph Toussaint et al in support of emergency application for an order granting entry into CTF-Soledad by plaintiffs' representatives on 04/19/91 to interview class members [3160-1]. (ma, COURT STAFF)

April 18, 1991

April 18, 1991

PACER
3162

PROOF OF SERVICE by plaintiff Joseph Toussaint et al of: Plaintiff's Emergency Application for an Order ; Declaration of James C. Sturdevant ; and Proposed Order. (ma, COURT STAFF)

April 18, 1991

April 18, 1991

PACER
3163

DECLARATION by Peter J. Siggins on behalf of defendant James Rowland et al in opposition to emergency application for order to interview class members [3160-1]. (ma, COURT STAFF)

April 18, 1991

April 18, 1991

PACER
3164

Opposition by defendant James Rowland et al to emergency application for order to interview class members [3160-1]. (ma, COURT STAFF)

April 18, 1991

April 18, 1991

PACER
3165

MINUTES: (C/R Colleen Stone) granting plaintiffs' application for an order allowing entry into CTF Soledad by plaintiff's representatives for inmate interviews [3160-1] ; plaintiff's counsel allowed entry as follows: on 04/19/91 8:00 am - 12:00 pm ; 04/22/91 11:00 am - 4:00 pm ; 04/24/91 9:00 am - 4:00 pm ; 04/26/91 8:00 am - 12:00 pm ; 04/29/91 11:00 am - 4:00 pm ; 05/01/91 9:00 am - 4:00 pm ; to conduct the proposed 18 inmate interviews. (ma, COURT STAFF)

April 18, 1991

April 18, 1991

PACER
3166

ORDER by Chief Judge Thelton E. Hendersn granting plaintiffs' emergency application for entry into CTF-Soledad by Plaintiffs' Representatives to Interview Class Members [3160-1]. (cc: all counsel) (ma, COURT STAFF)

April 19, 1991

April 19, 1991

PACER
3167

COPY of USCA Order: Judgment of District Court is hereby affirmed in part and reversed in part. (ma, COURT STAFF)

April 19, 1991

April 19, 1991

PACER
3168

CLERK's letter spreading the mandate to counsel. (ma, COURT STAFF)

April 19, 1991

April 19, 1991

PACER
3169

PROOF OF SERVICE by plaintiff Joseph Toussaint et al of Order granting plaintiffs' emergency application for entry into CTF-Soledad. (ma, COURT STAFF)

April 25, 1991

April 25, 1991

PACER
3170

Cross-MOTION by defendant James Rowland to strike plaintiff's declarations and points and authorities in support thereof with Notice set for 05/09/91 at 2:15 pm. (ma, COURT STAFF)

April 25, 1991

April 25, 1991

PACER
3171

MEMORANDUM of Points and Authorities by defendant James Rowland et al in opposition to motion for contempt and other relief [3150-1] set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

April 25, 1991

April 25, 1991

PACER
3172

APPENDIX of Declarations filed by defendant James Rowland et al in support of memorandum of points and authorities in opposition to motion for contempt [3171-1]. (ma, COURT STAFF)

April 25, 1991

April 25, 1991

PACER
3173

RECEIPT from USCA Docket Nos.: 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2732, 2724, 2725, 2979, 3009, 2935, and 2905. (ma, COURT STAFF)

April 25, 1991

April 25, 1991

PACER
3174

MEMORANDUM of Points and Authorities by plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3175

DECLARATION by James C. Sturdevant on behalf of plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3176

Separate APPENDIX filed by plaintiff Joseph Toussaint et al of class member declarations in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3177

Opposition by plaintiff Joseph Toussaint et al to defendants' cross-motion to strike plaintiffs' declarations set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3178

MOTION by plaintiff Joseph Toussaint et al to strike defendants' declarations and points and authorities in support thereof with Notice set for 05/09/91 at 2:15 pm. (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3179

SUPPLEMENTAL Declaration by plaintiff Joseph Toussaint et al in support of plaintiffs' motion to strike and plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3175-1] set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3180

PROOF OF SERVICE by plaintiff Joseph Toussaint et al of: Memorandum of Points and Authorities in support ; Declaration of James C. Sturdevant ; Declaration of Sallyanne Campbell (filed under seal) ; Declaration of Dana L. Rees (filed under seal) ; Separate Appendix ; Plaintiffs' Opposition ; Plaintiffs' Motion to Strike ; and Supplemental Declaration of James C. Sturdevant. (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3181

DECLARATION by Sallyanne Campbell on behalf of plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (FILED UNDER SEAL) (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3182

DECLARATION and Exhibits thereto by Dana L. Rees on behalf of plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (FILED UNDER SEAL) (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3183

EXHIBITS by plaintiff Joseph Toussaint et al to declaration of Dana L. Rees in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3182-1] set 05/09/91 at 2:15 pm. Volume II of IV, Exhibits 4, 5a-f. (FILED UNDER SEAL) (ma, COURT STAFF) Modified on 05/03/1991

May 2, 1991

May 2, 1991

PACER
3184

EXHIBITS by plaintiff Joseph Toussaint et al of Dana L. Rees in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3182-1] set 05/09/91 at 2:15 pm. Volume III of IV, Exhibits 5g-1. (FILED UNDER SEAL) (ma, COURT STAFF) Modified on 05/03/1991

May 2, 1991

May 2, 1991

PACER
3185

EXHIBITS by plaintiff Joseph Toussaint et al to declaration of Dana L. Rees in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3182-1] set 05/09/91 at 2:15 pm. Volume IV of IV, Exhibits 5m-g. (FILED UNDER SEAL) (ma, COURT STAFF)

May 2, 1991

May 2, 1991

PACER
3186

CLERK'S NOTICE motions hrg 05/23/91 at 2:15 pm . (ma, COURT STAFF)

May 3, 1991

May 3, 1991

PACER
3189

Western Union Telegram, dated 05/06/91, from The Cabot Family to Judge Weigel re: Gilbert A. Cabot scheduled to be transferred to San Quentin instead of CRC (NORCO); requesting Court Order to send him to CRC. (ma, COURT STAFF)

May 7, 1991

May 7, 1991

PACER
3190

MEMORANDUM by defendants Rowland et al in opposition motion to strike defendants' declarations and points and authorities in support thereof [3178-1] (cb, COURT STAFF)

May 9, 1991

May 9, 1991

PACER
3192

DECLARATION by James Whala on behalf of defendants re opposition memorandum [3190-1] (cb, COURT STAFF)

May 9, 1991

May 9, 1991

PACER
3193

DECLARATION by Anthony Lamarque on behalf of defendants re opposition memorandum [3190-1] (cb, COURT STAFF)

May 10, 1991

May 10, 1991

PACER
3194

DECLARATION by James Whala on behalf of defendant James Rowland re opposition memorandum [3190-1] (cb, COURT STAFF)

May 10, 1991

May 10, 1991

PACER
3196

ORDER by Judge Stanley A. Weigel that the cases 90-1509, 79-1630 and 73-1422 are NOT related. (cc: all counsel) ( Date Entered 5/10/91) (dm, COURT STAFF)

May 10, 1991

May 10, 1991

PACER
3191

DECLARATION by Anthony Lamarque on behalf of defendants re opposition memorandum [3190-1] (cb, COURT STAFF)

May 14, 1991

May 14, 1991

PACER
3195

REPLY by defendant James Rowland to response to motion to strike plaintiff's declarations and points and authorities in support thereof [3170-1] (cb, COURT STAFF)

May 16, 1991

May 16, 1991

PACER
3197

CLERK'S NOTICE ; All motions hrg continued to 5/30/91 at 2:15 (dm, COURT STAFF)

May 20, 1991

May 20, 1991

PACER
3198

DECLARATION by Samuel R. Miller on behalf of plaintiff Joseph Toussaint re Quarterly Statement (cb, COURT STAFF)

May 30, 1991

May 30, 1991

PACER
3200

ORDER by Judge Stanley A. Weigel for appointment of a monitor (cc: all counsel) (cb, COURT STAFF)

May 30, 1991

May 30, 1991

PACER
3199

MINUTES: ( C/R Traci Martins) denying motion to strike defendants' declarations and points and authorities [3178-1], denying motion to strike plaintiff's declarations and points and authorities [3170-1], denying motion for contempt [3150-1], granting motion for appointment of a Monitor[3140-1] (cb, COURT STAFF)

May 31, 1991

May 31, 1991

PACER
3201

ORDER of Reference to Special Master by Judge Stanley A. Weigel (cc: all counsel) (dm, COURT STAFF)

June 6, 1991

June 6, 1991

PACER
3202

STIPULATION re referral order [3201-1] such that it is agreed that Robert Riggs may be chosen as Soledad Monitor (dm, COURT STAFF)

June 6, 1991

June 6, 1991

PACER
3203

BRIEF FILED by defendants re: duties and format of monitor's review of conditions at the correctional training facility at Soledad (th, COURT STAFF)

June 13, 1991

June 13, 1991

PACER
3204

BRIEF FILED by plaintiffs re: memorandum of Soledad monitorship procedures (th, COURT STAFF)

June 13, 1991

June 13, 1991

PACER
3205

RESPONSE by plaintiff re brief [3203-1] regarding duties and format of monitor's review of conditions at the correctional facility at soledad (th, COURT STAFF)

June 17, 1991

June 17, 1991

PACER
3206

REPORTER'S TRANSCRIPT of 5/30/91 (bc, COURT STAFF)

June 19, 1991

June 19, 1991

PACER
3207

ORDER by Judge Stanley A. Weigel (cc: all counsel) ( Date Entered 6/17/91) for inspection tour of Soledad Prison (bc, COURT STAFF)

June 20, 1991

June 20, 1991

PACER
3208

MOTION by plaintiff Joseph Toussaint, et al. to compel payment with Notice set for 7/23/91 at 3:00 (bc, COURT STAFF)

June 24, 1991

June 24, 1991

PACER
3209

MEMORANDUM by plaintiff Joseph Toussaint in support of motion to compel payment [3208-1] (bc, COURT STAFF)

June 24, 1991

June 24, 1991

PACER
3210

DECLARATION by Donald Spector on behalf of plaintiff James C. Wright et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

June 24, 1991

June 24, 1991

PACER
3211

DECLARATION by Sidney Wolinsky on behalf of plaintiff Joseph Toussaint et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

June 24, 1991

June 24, 1991

PACER
3212

DECLARATION by James Sturdevant on behalf of plaintiff Joseph Toussaint, et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

June 24, 1991

June 24, 1991

PACER
3213

DECLARATION by Samuel Miller on behalf of plaintiff Joseph Toussaint et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

June 24, 1991

June 24, 1991

PACER
3214

DECLARATION by Sanford Jay Rosen on behalf of plaintiff Joseph Toussaint, et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

June 24, 1991

June 24, 1991

PACER
3215

ORDER by Judge Stanley A. Weigel (cc: all counsel) ( Date Entered 6/27/91) (bc, COURT STAFF)

June 27, 1991

June 27, 1991

PACER
3216

ORDER by Magistrate Joan S. Brennan confirming attorney fees on the 22 quarterly statement (cc: all counsel) ( Date Entered 7/8/91) (th, COURT STAFF)

July 8, 1991

July 8, 1991

PACER
3217

CLERK'S NOTICE motion to compel payment; In-court hearing 7/23/91 at 3:00p.m. before Magistrate Breenan (th, COURT STAFF)

July 10, 1991

July 10, 1991

PACER
3218

STATEMENT of nonopposition by defendant in support of motion to compel payment [3208-1] of 19th, 20th, 21st, and 22nd quarterly statements of fees (th, COURT STAFF)

July 10, 1991

July 10, 1991

PACER
3219

STATEMENT of fees and expenses of monitor (th, COURT STAFF)

July 12, 1991

July 12, 1991

PACER
3220

ORDER by Magistrate Joan S. Brennan granting motion to compel payment [3208-1] ( Date Entered: 7/16/91) (cc: all counsel) (th, COURT STAFF)

July 16, 1991

July 16, 1991

PACER
3221

ORDER of the monitor production of documents pertaining to CTF-Soledad ( Date Entered: 7/19/91) (cc: all counsel) (th, COURT STAFF)

July 22, 1991

July 22, 1991

PACER

RECEIVED order granting application submitted by plaintiff re: [3222-1] (dm, COURT STAFF)

July 26, 1991

July 26, 1991

PACER
3222

SIXTH INTERIM APPLICATION for attorneys' fees and costs by plaintiff (dm, COURT STAFF)

July 26, 1991

July 26, 1991

PACER
3223

MOTION by plaintiff for sixth interim award of attorney fees, and for order establishing periodic fee collection procedure with Notice set for 9/5/91 at 1:30 (dm, COURT STAFF)

July 26, 1991

July 26, 1991

PACER
3224

DECLARATION by James C. Sturdevant on behalf of plaintiff re sixth interim application [3222-1] for attorneys fees (dm, COURT STAFF)

July 26, 1991

July 26, 1991

PACER
3225

DECLARATION by Warren E. George on behalf of plaintiff re sixth interim application [3222-1] for attorneys' fees (dm, COURT STAFF)

July 26, 1991

July 26, 1991

PACER
3226

DECLARATION by Armando M. Menocal, III on behalf of plaintiff re sixth interim application for attorneys' fees [3222-1] (dm, COURT STAFF)

July 26, 1991

July 26, 1991

PACER
3227

DECLARATION by Sarah G. Flanagan on behalf of plaintiff re sixth interim application for attorneys' fees [3222-1] (dm, COURT STAFF)

July 26, 1991

July 26, 1991

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Solitary confinement

Key Dates

Filing Date: Aug. 15, 1973

Closing Date: Feb. 13, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners confined in administrative segregation in four California state prisons – San Quentin, Folsom, Dueul Vocational Institute at Tracy, and the Correctional Training Facility at Soledad

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

MALDEF

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

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):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1976 - 1997

Content of Injunction:

Preliminary relief granted

Issues

General:

Administrative segregation

Bathing and hygiene

Classification / placement

Disciplinary segregation

Education

Fire safety

Food service / nutrition / hydration

Protective custody

Recreation / Exercise

Rehabilitation

Restraints : physical

Sanitation / living conditions

Solitary confinement/Supermax (conditions or process)

Totality of conditions

Visiting

Crowding:

Crowding / caseload

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run