Case: Hydrick v. Wilson

2:98-cv-07167 | U.S. District Court for the Central District of California

Filed Date: Sept. 2, 1998

Clearinghouse coding complete

Case Summary

On September 2, 1998, a group of sexual offenders who had been civilly confined in a state psychiatric hospital under California's Sexually Violent Predators Act (SVP Act) filed a class action lawsuit, pro se, under 42 U.S.C. § 1983. Plaintiffs filed suit in the United States District Court for the Central District of California against the California Department of Corrections, Atascadero State Hospital, and hospital officials in both their official and individual capacities. Plaintiffs challen…

On September 2, 1998, a group of sexual offenders who had been civilly confined in a state psychiatric hospital under California's Sexually Violent Predators Act (SVP Act) filed a class action lawsuit, pro se, under 42 U.S.C. § 1983. Plaintiffs filed suit in the United States District Court for the Central District of California against the California Department of Corrections, Atascadero State Hospital, and hospital officials in both their official and individual capacities. Plaintiffs challenged the constitutionality of their confinement, and sought class certification, declaratory and injunctive relief, and monetary damages against defendants in their individual capacities.

The District Court (Judge Terry J. Hatter) granted plaintiffs' motion for class certification on April 13, 2001.

On February 21, 2003, defendants filed a motion to dismiss on grounds that plaintiffs' suit was barred by the Eleventh Amendment, the state abstention doctrine, or qualified immunity. Judge Hatter summarily denied defendants' motion to dismiss on August 26, 2003. Defendants appealed to the United States Court of Appeals for the Ninth Circuit. By opinion issued June 1, 2006 and amended September 28, 2006, the Ninth Circuit affirmed in part and reversed in part the District Court's summary denial of defendants' motion to dismiss. Hydrick v. Hunter, 466 F.3d 676 (9th Cir. 2006) (amending Hydrick v. Hunter, 449 F.3d 978 (9th Cir. 2006)). Plaintiffs petitioned the Ninth Circuit for panel rehearing and for rehearing en banc; both motions were denied. The Circuit Court withdrew Hydrick v. Hunter, 466 F.3d 676 (9th Cir. 2006) and replaced it with a revised opinion. Hydrick v. Hunter, 500 F.3d 978 (9th Cir. 2007). The Circuit Court held that state hospital officials had qualified immunity to the extent that plaintiffs' claims relied on a First Amendment right not to participate in treatment sessions, but not to the extent that plaintiffs' claims alleged retaliation for filing lawsuits. The Circuit Court further held that plaintiffs stated a § 1983 claim for violations of their Fourth Amendment rights, and that hospital officials were entitled to qualified immunity with regard to procedural due process claims but not substantive due process claims.

On January 23, 2008, plaintiffs filed a petition for certiorari to the United States Supreme Court. On June 12, 2009, the Supreme Court granted plaintiffs' petition, vacated the judgment, and remanded to the Ninth Circuit for further consideration in light of the pleading standards of Ashcroft v. Iqbal, 556 U.S. 662 (2009). Hunter v. Hydrick, 556 U.S. 1256 (2009). The Ninth Circuit directed the parties to submit briefing on the application of Iqbal. On January 12, 2012, the Ninth Circuit held that defendants were entitled to qualified immunity on plaintiffs' claims for money damages, because plaintiffs had inadequately pled defendants' individual liability for money damages. The Ninth Circuit permitted plaintiffs to proceed with their claims for declaratory and injunctive relief. Hydrick v. Hunter, 669 F.3d 937 (9th Cir. 2012).

The parties then engaged in settlement negotiations which were ultimately unsuccessful.

On December 28, 2013, plaintiffs filed a Motion for Leave to File Third Amended Complaint, which was denied by the District Court (Judge Terry Hatter) on July 7, 2014 on grounds of futility. Judge Hatter held that venue was improper because plaintiffs were transferred to a different facility and sought to amend their complaint to include allegations against their current conditions of confinement. Judge Hatter held that the underlying events plaintiffs sought to add occurred in Coalinga, CA, and thus plaintiffs needed to bring a separate action in the Eastern District of California where venue was proper to raise these claims. Plaintiffs filed a motion for reconsideration on July 23, 2014, claiming that the District Court misapplied controlling legal standards governing leave to amend and federal venue principles. Plaintiffs asserted that the appropriate action would be to grant leave to amend and then transfer the case to the Eastern District of California. On October 16, 2014, Judge Hatter denied reconsideration because plaintiffs "[were] not arguing newly discovered evidence, the emergence of any new law or an error by the Court."

On December 13, 2015, plaintiffs filed a motion for change of venue to the Eastern District of California. On January 22, 2016, Judge Hatter denied the motion, saying that the transfer of venue would tax rather than conserve judicial resources. On April 12, 2016, defendants filed a motion to dismiss for lack of subject matter jurisdiction, saying that because the Ninth Circuit dismissed the plaintiff’s damages claims against the defendants in their individual capacities, plaintiffs only had prospective claims for declaratory and injunctive relief against defendants in their official capacities as (former) Executive Directors of Atascadero State Hospital. But plaintiffs had not been treated at Atascadero since 2005, when they were moved to Coalinga, and so had no effective remedy for declaratory or injunctive relief against the current administrators of Atascadero. The court agreed that the case was now moot, and granted the motion to dismiss on May 13, 2016. Judge Hatter suggested the plaintiffs file a new suit in the Eastern District of California to remedy their complaints against Coalinga.

On June 9, 2015, plaintiffs filed an appeal to the 9th circuit, which affirmed the District Court’s decision on September 26, 2017. 711 Fed.Appx. 813. The case is now closed.

Summary Authors

Vidhya Reddy (2/26/2008)

Samantha Kirby (10/21/2014)

Rachel Carpman (10/25/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6346914/parties/james-a-hydrick-v-peter-wilson/


Judge(s)

Block, Robert N. (California)

Hatter, Terry J. Jr. (California)

Pregerson, Harry (California)

Sagar, Alka (California)

Schroeder, Mary Murphy (Arizona)

Trott, Stephen S. (Idaho)

Attorneys(s) for Plaintiff

Abascal, Manuel A. (California)

Comar, Dave Inder (California)

Davis, Kathryn M. (California)

Delgin, Jared A. (California)

Judge(s)

Block, Robert N. (California)

Hatter, Terry J. Jr. (California)

Pregerson, Harry (California)

Sagar, Alka (California)

Schroeder, Mary Murphy (Arizona)

Trott, Stephen S. (Idaho)

Attorneys(s) for Plaintiff

Abascal, Manuel A. (California)

Comar, Dave Inder (California)

Davis, Kathryn M. (California)

Delgin, Jared A. (California)

Eberwine, Patricia A. (California)

Flick, Wayne S. (California)

Hayes, Matthew B. (California)

Krischer, Joel E. (California)

Kuo, Luke (California)

Landes, Ezra D. (California)

Malionek, Robert J. (California)

Nielson, Stuart G. (California)

Oberman, Jasmine Rebecca (California)

Rahnema, Shireen B. (California)

Spertus, James W. (California)

Wu, Anita P. (California)

Attorneys(s) for Defendant

Ackerson-Brazille, Karen (California)

Bates, Eric D. (California)

Floyd, Cynthia S. (California)

Humes, James M. (California)

Kim, Jennifer M. (California)

Lepkowsky, Darrell Lee (California)

Lockyer, Bill (California)

Murphy, Randall R. (California)

Nagler, Patricia L. (California)

Rich, Jonathan E. (California)

Sanders, John H. (California)

Snuggs, Carmen (California)

Waldow, Richard T. (California)

Documents in the Clearinghouse

Document

03-56712

Docket (Westlaw)

Hydrick v. Demorales

U. S. Court of Appeals for the Ninth Circuit

Jan. 28, 2008

Jan. 28, 2008

Docket

2:98-cv-07167

Docket [PACER]

Oct. 19, 2017

Oct. 19, 2017

Docket

03-56712

Defendants-Appellants' Opening Brief (Ninth Circuit)

Hydrick v. Davis

U. S. Court of Appeals for the Ninth Circuit

Feb. 11, 2004

Feb. 11, 2004

Pleading / Motion / Brief

03-56712

Plaintiffs-Appellee's Answering Brief (Ninth Circuit)

U. S. Court of Appeals for the Ninth Circuit

July 2, 2004

July 2, 2004

Pleading / Motion / Brief

03-56712

Defendants-Appellants' Reply to Appellees' Answering Brief (Ninth Circuit)

Hydrick v. Davis

U. S. Court of Appeals for the Ninth Circuit

July 2, 2004

July 2, 2004

Pleading / Motion / Brief

03-56712

Appellate Decision

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

449 F.3d 978

June 1, 2006

June 1, 2006

Order/Opinion

03-56712

Amended Appellate Decision

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

466 F.3d 676

Sept. 28, 2006

Sept. 28, 2006

Order/Opinion

03-56712

Order [Withdrawing and Replacing 466 F.3d 676]

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

500 F.3d 978

Aug. 30, 2007

Aug. 30, 2007

Order/Opinion

03-56712

Opinion [Reversing and Remanding Case]

Hydrick v. Hunter

U. S. Court of Appeals for the Ninth Circuit

669 F.3d 937

Jan. 12, 2012

Jan. 12, 2012

Order/Opinion
324

2:98-cv-07167

Order

May 13, 2016

May 13, 2016

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6346914/james-a-hydrick-v-peter-wilson/

Last updated Aug. 8, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL RIGHTS COMPLAINT Pur to 42 U.S.C. 1983 referred to Magistrate Judge Robert N. Block; summons issued; jury demand (jp) (Entered: 09/03/1998)

Sept. 2, 1998

Sept. 2, 1998

PACER
2

NOTICE and ORDER of Reference to Magistrate Judge Robert N. Block (jp) (Entered: 09/03/1998)

Sept. 2, 1998

Sept. 2, 1998

PACER
3

MOTION by plaintiff James Allen Hydrick for temporary restraining order Lodged Proposed Order Show Cause for TRO. (jp) (Entered: 09/03/1998)

Sept. 2, 1998

Sept. 2, 1998

PACER
4

MEMORANDUM OF LAW by plaintiff James Allen Hydrick in support of motion for temporary restraining order and/or preliminary injunction [3-1] (jp) (Entered: 09/03/1998)

Sept. 2, 1998

Sept. 2, 1998

PACER
5

DECLARATION in support by plaintiff James Allen Hydrick re motion for temporary restraining order [3-1] (jp) (Entered: 09/03/1998)

Sept. 2, 1998

Sept. 2, 1998

PACER
6

MINUTES Ord tht the plfs' mot for TRO, fld on 9/2/98 is ref to Mag Judge Block for his consideration & rec by Judge Terry J. Hatter CR: N/A (lori) (Entered: 09/14/1998)

Sept. 3, 1998

Sept. 3, 1998

PACER
7

NOTICE OF CHANGE Of Address filed James A. Hydrick (pbap) (Entered: 09/23/1998)

Sept. 11, 1998

Sept. 11, 1998

PACER
9

NOTICE OF CHANGE Of Address filed Willie Washington (pbap) (Entered: 09/23/1998)

Sept. 11, 1998

Sept. 11, 1998

PACER
8

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the chg of address rcvd on 9/11/98 (1st pg) is to be filed and processed; remaining pages are NOT to be fld, but REJ and is ORd rtnd. (pbap) (Entered: 09/23/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
10

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the chg of address rcvd on 9/11/98 is to be fld and processed. (pbap) (Entered: 09/23/1998)

Sept. 14, 1998

Sept. 14, 1998

PACER
11

REQUEST by plaintiff James Allen Hydrick for protection of plfs frm act described in affidavit w/lv to fiel suppl cmp. (pbap) (Entered: 09/24/1998)

Sept. 16, 1998

Sept. 16, 1998

PACER
13

REQUEST by plaintiff James Allen Hydrick for ord & decl in supprt (pbap) (Entered: 09/24/1998)

Sept. 17, 1998

Sept. 17, 1998

PACER
12

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the req for protection of plfs frm act discribed in afdt w/lv to fle suppl cmp rcvd on 9/16/98 is to be filed and processed. (pbap) (Entered: 09/24/1998)

Sept. 21, 1998

Sept. 21, 1998

PACER
14

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block the req for ord & decl in supprt rcvd on 9/17/98 is to be fld and processed. (pbap) (Entered: 09/24/1998)

Sept. 21, 1998

Sept. 21, 1998

PACER
16

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 09/29/1998)

Sept. 21, 1998

Sept. 21, 1998

PACER
20

NOTICE OF CHANGE Of Address filed by P. David Lanphere (pbap) (Entered: 09/29/1998)

Sept. 21, 1998

Sept. 21, 1998

PACER
15

ORDER by Judge Terry J. Hatter denying request to proceed in forma pauperis [11-1], denying request to issue ord [13-1]. (ENT 9/25/98) mld cpys & ntc (pbap) (Entered: 09/25/1998)

Sept. 22, 1998

Sept. 22, 1998

PACER
17

MOTION by plaintiff James Allen Hydrick req crt intervention and or instrs on service (pbap) (Entered: 09/29/1998)

Sept. 24, 1998

Sept. 24, 1998

PACER
18

MINUTES: denying motion req crt intervention and or instrs on service [17-1] by Magistrate Judge Robert N. Block CR: n/a (pbap) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
19

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht plf's mot req Crt interv & or instruct on svc rcvd on 9/24/98 is to be filed and processed. (pbap) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
21

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht ltr to clk re addr chg subm by pltf on 9/21/98 is to be fild and processed. (pbap) (Entered: 09/29/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
22

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block ltr ord rejected & retn to sender (dmjr) (Entered: 10/01/1998)

Sept. 28, 1998

Sept. 28, 1998

PACER
23

MOTION by plaintiff Michael Wayne Stevens to join class actn [1-1] (pbap) (Entered: 10/07/1998)

Oct. 1, 1998

Oct. 1, 1998

PACER
26

NOTICE OF CHANGE Of Address filed by petitioner James Hydrick (et) (Entered: 10/08/1998)

Oct. 2, 1998

Oct. 2, 1998

PACER
24

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block plf - mot to join class actn rcvd on 10/1/98 is to be fld and processed. (pbap) (Entered: 10/07/1998)

Oct. 5, 1998

Oct. 5, 1998

PACER
25

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block re doc notc of address change of pla receivedon 10-2-98 & ORD tht the doc is to be & processed. (et) (Entered: 10/08/1998)

Oct. 5, 1998

Oct. 5, 1998

PACER
27

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block re ltr to Crt frm Jeff La Franchi re joinder & ORD the doc is NOT to be fld, but instead rejected, & is ORD returned to petitioner. (et) (Entered: 10/08/1998)

Oct. 5, 1998

Oct. 5, 1998

PACER
28

NOTICE OF MOTION AND MOTION by Miclael W Stevens for joinder in complaint (dmjr) (Entered: 10/26/1998)

Oct. 16, 1998

Oct. 16, 1998

PACER
29

NOTICE OF CHANGE Of Address filed by Douglas Samuels (pbap) (Entered: 10/30/1998)

Oct. 16, 1998

Oct. 16, 1998

PACER
31

NOTICE OF CHANGE Of Address filed James Hydrick (pbap) (Entered: 11/02/1998)

Oct. 20, 1998

Oct. 20, 1998

PACER
30

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block the chg of addr subm by plf Dougal Samuels rcvd on 10/16/98 is to be filed and processed. (pbap) (Entered: 10/30/1998)

Oct. 26, 1998

Oct. 26, 1998

PACER
32

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht plf's ntc of chg of addr rcvd on 10/20/98 is to be fld and processed. (pbap) (Entered: 11/02/1998)

Oct. 26, 1998

Oct. 26, 1998

PACER
33

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block re No proof of service attached to doc. The document is to be processed. (cc: all counsel) (yc) (Entered: 11/04/1998)

Oct. 28, 1998

Oct. 28, 1998

PACER
34

MINUTES: granting motion for promissive joinder which the crt construes as a mot for permissive joinder [23-1] by Magistrate Judge Robert N. Block CR: na (yc) (Entered: 11/04/1998)

Oct. 28, 1998

Oct. 28, 1998

PACER
35

MINUTES:That this actn is stay including the service of the dfts, pending the crt's consideration of the plf's req for appointed cnsl. by Judge Terry J. Hatter CR: na (yc) (Entered: 11/04/1998)

Oct. 28, 1998

Oct. 28, 1998

PACER

MAIL Returned [35-2] addressed to plaintiff James Allen Hydrick (ab)

Nov. 2, 1998

Nov. 2, 1998

PACER

Mail Returned

Nov. 2, 1998

Nov. 2, 1998

PACER
36

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 11/18/1998)

Nov. 17, 1998

Nov. 17, 1998

PACER
38

NOTICE OF CHANGE Of Address filed John Stephen Warren (pbap) (Entered: 12/04/1998)

Nov. 19, 1998

Nov. 19, 1998

PACER
39

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht plf's chg of addr rcvd on 11/19/98 is to be fld & processed. (pbap) (Entered: 12/04/1998)

Nov. 23, 1998

Nov. 23, 1998

PACER
40

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block tht the permissive joinder rcvd on 11/19/98 is NOT to be fld but REJ and is ORd rtnrd to cnsl. (pbap) (Entered: 12/04/1998)

Nov. 23, 1998

Nov. 23, 1998

PACER
37

NOTICE OF CHANGE Of Address filed James Hydrick (pbap) (Entered: 12/03/1998)

Dec. 2, 1998

Dec. 2, 1998

PACER
42

NOTICE OF CHANGE Of Address filed by Robert Aguallo (pbap) (Entered: 12/17/1998)

Dec. 2, 1998

Dec. 2, 1998

PACER
43

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block the chg of addr rcvd on 12/2/98 is to be fld and processed. (pbap) (Entered: 12/21/1998)

Dec. 3, 1998

Dec. 3, 1998

PACER
41

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 12/15/1998)

Dec. 10, 1998

Dec. 10, 1998

PACER

Text not available.

Dec. 11, 1998

Dec. 11, 1998

PACER

Motion for Appointment of Counsel

Dec. 11, 1998

Dec. 11, 1998

PACER
44

MOTION by plaintiff Jason Richardson for permissive joinder in complaint [1-1] (pbap) (Entered: 12/21/1998)

Dec. 11, 1998

Dec. 11, 1998

PACER
45

NOTICE OF DISCREPANCY AND ORDER by Magistrate Judge Robert N. Block on ltr re change of address frm plf ; rec'd 1-8-99; the doc is to be fld and processed. (ab) (Entered: 01/19/1999)

Jan. 8, 1999

Jan. 8, 1999

PACER
46

NOTICE OF CHANGE Of Address filed by atty James Allen Hydrick for plaintiff James Allen Hydrick. (ab) (Entered: 01/19/1999)

Jan. 8, 1999

Jan. 8, 1999

PACER
47

MOTION for permissive joinder in complaint by Robert D. Lefort (mco) (Entered: 02/26/1999)

Feb. 5, 1999

Feb. 5, 1999

PACER
48

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 03/23/1999)

March 19, 1999

March 19, 1999

PACER
49

ORDER by Judge Terry J. Hatter denying plfs' req for a TRO or, in the alter, a Prelim Inj, and Lifting stay to allow service of process on certain dfts. (ENT 4/7/99) mld cpys & ntc (pbap) Modified on 04/26/1999 (Entered: 04/07/1999)

April 5, 1999

April 5, 1999

PACER

SUMMONS issued as to defendant Robert Aguallo, defendant John Does, defendant Jerry Brown, defendant R Vandergriff, defendant Fammy Acosta, defendant Jon Lovegren, defendant Ron Bovens, defendant R Baker, defendant R Subia, defendant Dan Steele, defendant Alicia Rocha, defendant Richard Maynard, defendant E NMI Smith, defendant Douglas Wachowiak, defendant Sarah Bly, defendant Pamela Berry, defendant Marcus Cline, defendant Kevin Baucom, defendant Michelle Mudgett, defendant Shirley Hendricks, defendant Kevin O'Day, defendant Michelle McCaslin, defendant Dan Page, defendant Ed Brown, defendant Stu Sheeler, defendant Marie Neri, defendant Kathy Alex, defendant Roger Brown, defendant Steven Harris, defendant Donna Nelson, defendant Randy Morrison, defendant Mickee Valpy, defendant Kevin Miller, defendant Robert Madigan, defendant Randy Blackwell, defendant Sue Robinson, defendant Mike Groom, defendant Sherrie Collier, defendant Tim Miller, defendant Bob Burkhart, defendant James Teigen, defendant Lawrie Seawater, defendant Gary Hitchcock, defendant Richard Morey, defendant David - Saunders, defendant Frederico Benales, defendant Jean Dansereau, defendant Gabriella Paladino, defendant Dale Arnold, defendant Carmel Muller, defendant Diane Imram, defendant William Knowlton, defendant Baruch Margalit, defendant Jan Marie Alarcon, defendant Glan Mikel, defendant Elaine Sherrill, defendant Mark Kalionzes, defendant Jim Wiley, defendant Arnie Gobbell, defendant Rocky Spurgeon, defendant Mark Palmer, defendant Jack Townsend, defendant Jim Vess, defendant Michael Hughes, defendant Anita Judd, defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales, defendant Stephen Mayberg, defendant Mark Mahhoney, defendant Samuel Robinson, defendant Robert Penate, defendant Jerry Reynolds, defendant Robert McDaniel, defendant Peter Wilson, defendant Robert D Lefort (et)

April 14, 1999

April 14, 1999

PACER

Summons Issued

April 14, 1999

April 14, 1999

PACER
50

MAIL Returned [49-1] addressed to John Warren (shb) (Entered: 04/29/1999)

April 21, 1999

April 21, 1999

PACER
51

MAIL Returned [49-1] addressed to John Warren (shb) (Entered: 04/29/1999)

April 22, 1999

April 22, 1999

PACER
52

NOTICE OF CHANGE Of Address filed by pltf (dmjr) (Entered: 05/25/1999)

May 21, 1999

May 21, 1999

PACER
53

MINUTES: ; mandatory status conference set on 10:00 6/28/99 by Magistrate Judge Robert N. Block CR: none. (ab) (Entered: 06/21/1999)

June 18, 1999

June 18, 1999

PACER
54

MINUTES: ; mandatory status conference held pltf hv to 8/31/99 to file a/c, dfts hv 30 days frm srv of a/c tofile responsive pleading & are excused frm replying to cmplt. The 20 discov standstill s/not commence to run until srv of a/c by Magistrate Judge Robert N. Block CR: tape 376 (dmjr) (Entered: 06/30/1999)

June 28, 1999

June 28, 1999

PACER
55

NOTICE by plaintiff of interested parties (dmjr) (Entered: 09/03/1999)

Aug. 31, 1999

Aug. 31, 1999

PACER
56

1st AMENDED COMPLAINT [1-1] by plaintiff; jury demand. Summons not issued (dmjr) (Entered: 09/03/1999)

Aug. 31, 1999

Aug. 31, 1999

PACER
57

ORDER vac ref to Mag Judge Robert N. Block. It is furthered ordered that the Clerk assign this action to Magistrate Robert N. Block as the discovery Judge Case referred to Discovery Robert N. Block Case now reads as CV 98-7167 TJH (RNBx) (cc: all counsel) (rn) Modified on 10/20/1999 (Entered: 09/08/1999)

Sept. 8, 1999

Sept. 8, 1999

PACER
58

NOTICE OF CHANGE Of Address filed by William Thiel (shb) (Entered: 09/23/1999)

Sept. 22, 1999

Sept. 22, 1999

PACER
59

STIPULATION filed to extend time to answer amended complaint [56-1] to 11/1/99 as to defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales (shb) (Entered: 09/23/1999)

Sept. 23, 1999

Sept. 23, 1999

PACER
60

NOTICE OF MOTION AND MOTION by plaintiff to lift stay of service of first amened complaint memo of points and authorities ; motion hearing set for 9:30 10/26/99 (shb) (Entered: 10/07/1999)

Oct. 5, 1999

Oct. 5, 1999

PACER
61

DECLARATION of Robert Malionek by plaintiff re motion to lift stay of service of first amened complaint [60-1] (shb) (Entered: 10/07/1999)

Oct. 5, 1999

Oct. 5, 1999

PACER
62

ORDER by Judge Terry J. Hatter; It is ordered that ord to stay the actn, fld on 10/28/98 is hereby LIFTED (jag) (Entered: 10/08/1999)

Oct. 7, 1999

Oct. 7, 1999

PACER
63

Proof of service of sms & A/C executed upon defendant Jon DeMorales, defendant Craig Nelson, defendant Grenda Ersnt in indv capacity by srv Patricial Nagler Esq Office of Atty Gen personally on 10/15/99 (lc) (Entered: 10/20/1999)

Oct. 15, 1999

Oct. 15, 1999

PACER
64

NOTICE by plaintiff of related case(s) CV 99-7075 RSWL (EE) (rn) (Entered: 10/28/1999)

Oct. 27, 1999

Oct. 27, 1999

PACER
66

NOTICE OF MOTION AND MOTION by defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) ; motion hearing set for 10:00 11/29/99 (shb) (Entered: 11/03/1999)

Nov. 1, 1999

Nov. 1, 1999

PACER
65

STIPULATION and ORDER by Judge Terry J. Hatter granting pltf and dfts permission to file opening briefs concerning the pending mot to dism to and incl 35 pages. The time for pltfs to file mot for class certification is ext until 90 days aftr the crts ruling of dfts mot to dism. (shb) (Entered: 11/03/1999)

Nov. 2, 1999

Nov. 2, 1999

PACER
67

Lodgment of foreign authorities by defendant Grenda Ersnt, defendant Craig Nelson, defendant Jon DeMorales in suppt of motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (shb) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

PACER
68

OPPOSITION by plaintiff to motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (shb) (Entered: 11/16/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
69

Lodgment of foreign authoritie by plaintiffs in suppt of motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (shb) (Entered: 11/16/1999)

Nov. 15, 1999

Nov. 15, 1999

PACER
72

NOTICE OF CHANGE Of Address filed by atty William Thiel for defendant William Thiel (shb) (Entered: 11/26/1999)

Nov. 18, 1999

Nov. 18, 1999

PACER
70

PROOF OF SERVICE by plaintiff on 11/15/99 of opp to mot to dism by personal srv (lc) (Entered: 11/23/1999)

Nov. 19, 1999

Nov. 19, 1999

PACER
71

REPLY by Jon DeMorales, Grenda Ersnt, Craig Nelson to opp to motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (lc) (Entered: 11/24/1999)

Nov. 22, 1999

Nov. 22, 1999

PACER
73

Lodgment of foreign auth in suppt of rply to opp by Jon DeMorales, Grenda Ersnt, Craig Nelson to motion to dismiss the first amended complaint for injunctive and declaratory relief and monetary damages (class action) [66-1] (lc) (Entered: 12/03/1999)

Nov. 23, 1999

Nov. 23, 1999

PACER
74

NOTICE OF CHANGE Of Address filed by atty James Allen Hydrick for plaintiff James Allen Hydrick (shb) (Entered: 12/21/1999)

Dec. 15, 1999

Dec. 15, 1999

PACER
75

ORDER by Judge Terry J. Hatter denying deft De Morales, Craig Nelson & Grenda Ernst motion to dismiss [66-1] (lc) (Entered: 02/04/2000)

Feb. 4, 2000

Feb. 4, 2000

PACER
76

ANSWER filed by defendant Jon DeMorales, defendant Craig Nelson, defendant Grenda Ersnt in their indv & official capacities to amended complaint [56-1] (lc) (Entered: 02/16/2000)

Feb. 14, 2000

Feb. 14, 2000

PACER
77

JOINT REPORT OF EARLY MEETING OF COUNSEL filed. Estimated length of trial plf estimates 2-3 wks & dfts estimate 4-6 weeks (ir) (Entered: 03/31/2000)

March 30, 2000

March 30, 2000

PACER
78

JOINT PROTECTIVE ORDER by Discovery Robert N. Block (cc: all counsel) (ir) (Entered: 06/05/2000)

May 31, 2000

May 31, 2000

PACER
79

MINUTES: (IN CHAMBERS) In accordance w/req of cnsl ; status conference set on 2:00 7/14/00 ; On or before 7/7/00 cnsl are Ord to file a Jt status rpt by Discovery Robert N. Block CR: n/a (ir) (Entered: 06/19/2000)

June 19, 2000

June 19, 2000

PACER
80

ADDENDUM TO JOINT PROTECTIVE ORDER by Judge Terry J. Hatter attch is exh 1 of Jt Protective Ord (ir) (Entered: 06/23/2000)

June 21, 2000

June 21, 2000

PACER
81

JOINT STATUS REPORT filed (ir) (Entered: 07/07/2000)

July 7, 2000

July 7, 2000

PACER
82

MINUTES: Case called; App are made ; mandatory status conference held ; Dis iss re to case by Discovery Robert N. Block CR: Tape Nos. 452 & 453 (ir) (Entered: 07/19/2000)

July 14, 2000

July 14, 2000

PACER
83

STIPULATION and ORDER ext disc & mot deadlines by Judge Terry J. Hatter; IT IS SO ORD Jt Rpt of Early Meeting of Cnsl be ext 90 days; Ptys propose that deadlines be ext as follows: Class-based disc should be conducted excl w/out disc in the merits of the case (except as nec for such class-based disc) until 11/1/00; Merits-based fact disc should commence on 11/1/00 (along w/any nec class-based disc which could not be completed) & should be completed by 6/30/01; Ptys should designate their expert(s) & otherwise comply w/FRCP on or before 8/31/01; Expert disc should commence on 8/31/01 & should be concluded by 2/28/02. Ptys should designate rebuttal expert(s), if any on or before 1/1/02; All disc should be completed by 2/28/02; Ptys props a mot cut-off date for dispostive mots 90 days after the disc cut-off or 5/28/02 (ir) (Entered: 08/21/2000)

Aug. 17, 2000

Aug. 17, 2000

PACER
84

NOTICE by plaintiff James Allen Hydrick of related case(s) CV 00-9399 CAS (BQRx)& other related group. (kc) (Entered: 09/27/2000)

Sept. 12, 2000

Sept. 12, 2000

PACER
85

NOTICE by defendant of related case(s) CV 00-10759 MMM (CWx) (rn) (Entered: 11/01/2000)

Oct. 31, 2000

Oct. 31, 2000

PACER
86

NOTICE OF CHANGE Of Address filed by Rogelip Anguiano (shb) (Entered: 11/30/2000)

Nov. 28, 2000

Nov. 28, 2000

PACER
87

NOTICE OF MOTION AND MOTION by plaintiff to certify as class action P&A; decl of Joel E Krischer, Shireen B Rahnema; 3/5/01 und subm (lc) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

PACER
88

STMT OF NON OPPOSITION by defendant to motion to certify as class action [87-1] (lc) (Entered: 02/12/2001)

Feb. 9, 2001

Feb. 9, 2001

PACER
89

STIPULATION and ORDER by Judge Terry J. Hatter Merits-based fact disc should commence on 3/1/01 & should be completed by 10/31/01; Ptys should designate their expert(s) & othewise comply w/FRCP 26(a)(2) on or before 1/31/02; Expert disc should commence on 1/31/02 & should be completed by 7/31/02; Ptys should designate their rebuttal expert(s) if any on or before 6/1/02; All disc should be completed by 7/31/02; Ptys propose a Mot cut-off date for dispositive Mots 90 days after the disc cut-off or 10/31/02 (ir) (Entered: 02/27/2001)

Feb. 23, 2001

Feb. 23, 2001

PACER
90

PROOF OF SERVICE by hand delivery by plaintiffs on 2/9/01 of Ntc of Mot & Mot for Class Certificaton (See doc for fur detials) (ir) (Entered: 02/27/2001)

Feb. 26, 2001

Feb. 26, 2001

PACER
91

STIPULATION and ORDER by Judge Terry J. Hatter Having taken the matter under submission, having considered Plf's motion to certify as class action [87-1], Dfts' stmt of non-opp & the stip of the ptys & good cause appearing therefor, IT IS SO ORD (See doc for specifics) (ir) (Entered: 04/16/2001)

April 13, 2001

April 13, 2001

PACER
92

ORDER staying proceedings in CV 01-1831 TJH(RNB) Sisneroz vs Mayberg pending outcome of related case CV98-7167 TJH(RNBx) the Hydrick class actn by Judge Terry J. Hatter (send) (lc) (Entered: 04/25/2001)

April 23, 2001

April 23, 2001

PACER
93

NOTICE OF CHANGE Of Address filed by Rogelio Anguiano 284 Ave Allende, Aguililla, Michoacan, Mexico 60572 (rl) (Entered: 04/30/2001)

April 27, 2001

April 27, 2001

PACER
94

NOTICE OF REASSIGNMENT of atty w/in the office for Grenda Ersnt, Craig Nelson, Jon DeMorales CAAG atty Cynthia Floyd is no longer assigned to this case by attorney Karen Ackerson-Brazille, Randall R Murphy (rl) (Entered: 05/22/2001)

May 18, 2001

May 18, 2001

PACER

Case Details

State / Territory: California

Case Type(s):

Prison Conditions

Special Collection(s):

Strip Search Cases

Key Dates

Filing Date: Sept. 2, 1998

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Civilly committed persons and those awaiting commitment at Atascadero State Hospital pursuant to California's Sexually Violent Predators (SVP) Act.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections, State

Atascadero State Hospital, State

California Department of Mental Health, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Assault/abuse by residents/inmates/students

Assault/abuse by staff

Disciplinary procedures

Informed consent/involuntary medication

Restraints : physical

Strip search policy

Affected Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general

Type of Facility:

Government-run