Case: Hawkins v Compartet-Cassani

2:98-cv-05605 | U.S. District Court for the Central District of California

Filed Date: July 13, 1998

Closed Date: 2002

Clearinghouse coding complete

Case Summary

On July 13, 1998, a person who was a convicted burglar filed a civil complaint pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Central District of California. He was represented by private counsel and later aided by amicus counsel who appeared in the case on behalf of Amnesty International. The plaintiff alleged that his Fourth and Eighth Amendment constitutional rights were violated when the defendants (the state court judge, Los Angeles County, and associated officials respo…

On July 13, 1998, a person who was a convicted burglar filed a civil complaint pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Central District of California. He was represented by private counsel and later aided by amicus counsel who appeared in the case on behalf of Amnesty International. The plaintiff alleged that his Fourth and Eighth Amendment constitutional rights were violated when the defendants (the state court judge, Los Angeles County, and associated officials responsible for plaintiff's safety during his burglary sentencing proceeding, as well as the municipal and superior courts, themselves) made him wear a stun belt, which they activated during the proceeding at the judge's direction as a behavior control device. Plaintiff's complaint requested: (1) a declaratory judgment that using the stun belt was unconstitutional; (2) an injunction prohibiting the defendants from using the stun belt; (3) compensatory damages against all defendants, (4) punitive damages against all defendants except Los Angeles County, (5) punitive damages of $50,000,000 against the judge, and (6) attorney's fees and costs.

On January 25, 1999, District Judge Dean Pregerson, in ruling upon several pre-trial motions, held that: (1) the Eleventh Amendment barred the plaintiff's civil rights claims for damages and injunctive relief against both the municipal court and superior court; (2) his claims for damages against the judge, in her official capacity, were barred by the Eleventh Amendment and by the doctrine of judicial immunity; (3) quasi-judicial immunity also barred the damages claim against a deputy who activated the device at the direction of the judge; (4) likewise, the sheriff had Eleventh Amendment immunity from plaintiff's damages claim (upon reconsideration, approximately two weeks later, the judge withdrew the Eleventh Amendment aspect of the ruling); (5) the plaintiff's allegations were sufficient to state a § 1983 claim against the sheriff in his individual capacity; (6) the county was not responsible for the judge's actions under § 1983; (7) prerequisites for class certification were met; and (8) prisoner was entitled to preliminary injunction. Hawkins v. Comparet-Cassani, 33 F.Supp.2d 1244 (C.D. Cal. 1999). Judge Pregerson refused to create a new cause of action permitting a plaintiff to allege a claim of torture in violation of international law, apart from any treaty obligations. Reviewing five "treaties" that plaintiff or amicus curiae claimed the United States had signed (the Universal Declaration of Human Rights; the Declaration on the Protection of All Persons from Being Subjected to Torture; the American Convention on Human Rights; the International Covenant on Civil and Political Rights; and the European Convention for the Protection of Human Rights and Fundamental Freedoms) which allegedly provided a basis for civil relief because they were violated by the defendants' conduct, the court ruled that the first two were not treaties at all (but non-binding U.N. resolutions), the third had not been ratified by the U.S., the fourth had neither been signed nor ratified by the U.S., and the fifth had been ruled as not self-executing. Thus, none of these international treaties or declarations provided a basis for a private right of action which would permit a plaintiff to state a claim for relief.

The judge defined the class as all persons who (1) are in custody of the Los Angeles County Sheriff, (2) are appearing in either a Los Angeles County municipal or superior court, (3) who engage in conduct that is perceived to be disruptive, and (4) upon whom the custodial officer may subject use of the stun belt. Largely because of the availability of other options to control disruptive courtroom behavior, the importance of the courtroom as an institution, and the chilling effect and potential compromise of the defense flowing from the mere wearing of the belt, the judge issued the requested preliminary injunction. Id., at 1262.

The sheriff appealed to the U.S. Court of Appeals for the Ninth Circuit, where the United States also filed as amicus curiae. A panel of that court reversed the class certification, saying that it was error to define the class as all persons in the sheriff's custody, since the plaintiff could not serve as a representative for those prisoners not yet convicted. On remand, the plaintiff would be required to separate convicted and non-convicted class members and seek an appropriate representative for the latter class or to otherwise refashion his case to remedy the class defects. Additionally, said the appellate court, the district court erred in prohibiting the use of the stun belt to protect courtroom security, as distinguished from prohibiting its use to prevent mere verbal disruptions. Sixth Amendment concerns weighed less heavily in the violent disruption context and the wearing of the belt, being less obtrusive, was less likely to prejudice its' wearer in the jury's eyes. Accordingly, the case was remanded to the district court for modification of the preliminary injunction. Hawkins v. Comparet-Cassani, 251 F.3d 1230 (9th Cir. 2001) (Circuit Judge James R. Browning).

On remand, the defendants submitted to the district court on September 7, 2001, a revised policy that specifically prohibited activation of the stun belt solely for verbal disruptive outbursts. Judge Pregerson, in an unpublished February 6, 2002, order, found that the new policy complied with federal law, leaving nothing left to enjoin. Additionally, the court found that since the plaintiff had, by that point, settled his claims with the defendants and no prisoners had stepped forward to serve as class representatives, there were no class representatives to maintain claims on behalf of the class, which the judge de-certified. His order dissolved the preliminary injunction.

No further activity occurred in this case.

Summary Authors

Mike Fagan (6/2/2008)

People


Judge(s)

Browning, James Robert (California)

King, Samuel Pailthorpe (Hawaii)

Pregerson, Dean D. (California)

Tashima, Atsushi Wallace (California)

Woehrle, Carla M. (California)

Attorneys(s) for Plaintiff

Bloomfield, Kathryn S. (California)

Millard, Richard H. (California)

Reichmann, Joseph (California)

Yagman, Marion R. (California)

Attorneys(s) for Defendant

Aguilar, Lou V. (California)

Judge(s)

Browning, James Robert (California)

King, Samuel Pailthorpe (Hawaii)

Pregerson, Dean D. (California)

Tashima, Atsushi Wallace (California)

Woehrle, Carla M. (California)

Attorneys(s) for Plaintiff

Bloomfield, Kathryn S. (California)

Millard, Richard H. (California)

Reichmann, Joseph (California)

Yagman, Marion R. (California)

Attorneys(s) for Defendant

Aguilar, Lou V. (California)

Ambrose, S. Robert (California)

Brazile, Kevin C. (California)

Fitts, Michael D. (California)

Granbo, Roger H. (California)

Hoffman, Paul L. (California)

Pellman, Lloyd W. (California)

Other Attorney(s)

Aceves, William (California)

Sturgill, Lowell V. Jr. (District of Columbia)

Documents in the Clearinghouse

Document

Docket (PACER)

Feb. 6, 2002 Docket
81

Order Granting in Part and Denying in Part Defendant's Motion to Dismiss; Granting Plaintiff's Motion for Class Certification [in part]

33 F.Supp.2d 1244

Jan. 25, 1999 Order/Opinion
91

Amended Order Granting in Part and Denying in Part Defendant's Motion to Dismiss; Granting Plaintiff's Motion for Class Certification [in part]

1999 U.S.Dist.LEXIS 4473

Feb. 5, 1999 Order/Opinion
86

Order Granting in Part and Denying in Part Plaintiff's Motion for Reconsideration

1999 U.S.Dist.LEXIS 8078

Feb. 5, 1999 Order/Opinion
162

Judgment; Opinion (9th Circuit)

U. S. Court of Appeals for the Ninth Circuit

251 F.3d 1230

July 2, 2001 Order/Opinion
173

Order Dissolving Injunction, De-Certifying Class & Dismissing the Action with Prejudice with prej

2002 WL 227081

Feb. 6, 2002 Order/Opinion

Docket

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

ECF Number Description Date Link
1

COMPLAINT filed Summons(es) Issued referred to Discovery Carla M. Woehrle (bg) (Entered: 07/14/1998)

July 13, 1998
2

ORDER TO REASSIGN PURS TO GO 224 by Judge Edward Rafeedie Case reassigned to Judge Dean D. Pregerson for all further proceedings . Case will now read CV98-5605 DDP (CWx) (cc all counsel) (jc) (Entered: 07/23/1998)

July 23, 1998
3

STANDING ORDER by Judge Dean D. Pregerson: this ord controls this case & differs in some respects from the Local Rules (see orig ord for detailed information). (dhl) (Entered: 07/31/1998)

July 30, 1998
4

NOTICE OF MOTION AND MOTION by plaintiff Ronnie Hawkins for preliminary injunction ; motion hearing set for 10:00 8/31/98 (el) (Entered: 08/11/1998)

Aug. 6, 1998
5

NOTICE OF MOTION AND MOTION by plaintiff Ronnie Hawkins to certify class action ; motion hearing set for 10:00 8/31/98 (el) (Entered: 08/11/1998)

Aug. 6, 1998
6

NOTICE OF MOTION AND MOTION by defendant to dismiss ; motion hearing set for 10:00 9/14/98 (twdb) (Entered: 08/11/1998)

Aug. 10, 1998
6

REQUEST by defendant for judicial ntc (twdb) (Entered: 08/11/1998)

Aug. 10, 1998
7

NOTICE OF MOTION AND MOTION by defendant to dismiss ; motion hearing set for 10:00 9/14/98 (twdb) (Entered: 08/11/1998)

Aug. 10, 1998
8

STIPULATION and ORDER by Judge Dean D. Pregerson that plf who is presently incarcerated be deposed provided he agrees and consents on oral exam on 8/18/98, commencing at noon, pur to the terms set forth in the 8/3/98 letter attached. (el) (Entered: 08/17/1998)

Aug. 13, 1998
9

MEMORANDUM of P&A by dfts Los Angeles County et al in opposition to motion for preliminary injunction [4-1]; decls and exhs (el) (Entered: 08/17/1998)

Aug. 14, 1998
10

MEMORANDUM by defendants in opposition to motion to certify class action [5-1] (el) (Entered: 08/20/1998)

Aug. 17, 1998
11

REQUEST by plaintiff Ronnie Hawkins to examine declarants LR 7-7.5 (el) (Entered: 08/21/1998)

Aug. 20, 1998
12

OBJECTIONS by Los Angeles County, et al to request to examine declarants [11-1] (el) (Entered: 08/25/1998)

Aug. 20, 1998
13

Original Signature Page of declarant Dennis Kaufman by defendants to motion for preliminary injunction [4-1] (el) (Entered: 08/25/1998)

Aug. 20, 1998
15

NOTICE of lodging of transc of trial, Volume III as part of reply on his mtn for P/I by plaintiff Ronnie Hawkins (el) (Entered: 08/26/1998)

Aug. 25, 1998

LODGED (1) envelope submitted by plaintiff Ronnie Hawkins (FWD TO CRD) (el) (Entered: 08/26/1998)

Aug. 25, 1998
16

REPLY by plaintiff Ronnie Hawkins on his motion for preliminary injunction [4-1] (el) (Entered: 08/26/1998)

Aug. 25, 1998
17

REPLY by plaintiff Ronnie Hawkins on his motion to certify class action [5-1] (el) (Entered: 08/26/1998)

Aug. 25, 1998
18

VERIFIED FIRST AMENDED COMPLAINT [1-1] by plaintiff Ronnie Hawkins; adding Donna Jacobs; jury demand. Summons not issd (el) (Entered: 09/02/1998)

Aug. 31, 1998
19

EX PARTE APPLICATION filed by plaintiff Ronnie Hawkins for order advancing at least one (1) day the hrg on his mts for P/I & class certf Lodged Prop ord (el) (Entered: 09/02/1998)

Aug. 31, 1998
22

OPPOSITION by defendants to exparte motion for order advancing at least one (1) day the hrg on his mts for P/I & class certf [19-1] (el) (Entered: 09/08/1998)

Sept. 3, 1998
20

NOTICE OF MOTION AND MOTION by defendant Los Angeles County, defendant LA Municipal Court, defendant Sherman Block, defendant Joan Comparet-Cassani to dismiss first amended complaint ; motion hearing set for 10:00 9/28/98 (bg) (Entered: 09/08/1998)

Sept. 4, 1998
21

NOTICE OF MOTION AND MOTION by defendant Donna Jacobs to dismiss first amended complaint ; motion hearing set for 10:00 9/28/98 (bg) (Entered: 09/08/1998)

Sept. 4, 1998
24

ORDER by Judge Dean D. Pregerson denying request to cross exam declarants [11-1] (twdb) (Entered: 09/10/1998)

Sept. 8, 1998
23

REQUEST by defendants to take judicial ntc of decl of Judge Joan Comparet-Cassani (twdb) (Entered: 09/10/1998)

Sept. 9, 1998
25

MINUTES: Crt hears oral argument and takes the matters re motion for preliminary injunction [4-1] is submitted ; the motion to class action [5- 1] is submitted, motion to dismiss [6-1] is submitted, motion to dismiss [7-1] is submitted by Judge Dean D. Pregerson CR: Magda Flores (el) (Entered: 09/15/1998)

Sept. 14, 1998
26

EX PARTE APPLICATION filed by plaintiff Ronnie Hawkins to continue hrg on dfts' mtns to dism for 35 days frm 9/28/98 to 11/2/98 (el) (Entered: 09/15/1998)

Sept. 14, 1998
27

ORDER by Judge Dean D. Pregerson granting exparte motion to continue hrg on dfts' mtns to dism for 35 days frm 9/28/98 to 11/2/98 [26-1] the dfts' mtns to dism shl be hrd on 11/2/98. (el) (Entered: 09/22/1998)

Sept. 17, 1998
28

RESPONSE by defendants to crt's request re Sheriff's depts policy on use of electronic stun belt (el) (Entered: 09/22/1998)

Sept. 17, 1998
29

NOTICE OF SUPPL MOTION AND MOTION by dfts Joan Comparet- Cassani, Los Angeles County, LA Municipal Court, LA Superior Court, Sherman Block, Donna Jacobs to dismiss counts 1 & 2 of the 1st A/C ; motion hearing set for 10:00 11/2/98 (el) (Entered: 09/29/1998)

Sept. 25, 1998
30

REPLY by plaintiff Ronnie Hawkins re dfts' response re [28-1] (el) (Entered: 09/29/1998)

Sept. 28, 1998
31

RESPONSES and rebuttal by defendants re plf's reply [30-1] (el) (Entered: 10/05/1998)

Oct. 2, 1998
32

Rule 28(J) Analog by plaintiff Ronnie Hawkins to motion for preliminary injunction [4-1] (el) (Entered: 10/13/1998)

Oct. 6, 1998
33

EX PARTE APPLICATION filed by defendant Sherman Block, defendant Joan Comparet-Cassani for order staying taking of depo on 10/15/98 pending ruling on dfts' mtn to dism , or in the alt for protective order to preclu or limit depos of Block & Cassani ; Mem of PA, decls; Exhs in suppt Lodged Prop ord (el) (Entered: 10/13/1998)

Oct. 7, 1998
34

Adtl oppo by plaintiff Ronnie Hawkins to exparte motion for order staying taking of depo on 10/15/98 pending ruling on dfts' mtn to dism [33-1], exparte motion for protective order to preclu or limit depos of Block & Cassani [33-2] (el) (Entered: 10/13/1998)

Oct. 7, 1998
35

OPPOSITION by plaintiff Ronnie Hawkins to exparte motion for order staying taking of depo on 10/15/98 pending ruling on dfts' mtn to dism [33-1], exparte motion for protective order to preclu or limit depos of Block & Cassani [33-2] (el) (Entered: 10/13/1998)

Oct. 7, 1998
36

Objs & request to strike Rule 28(J) Analog by defendant Los Angeles County to motion for preliminary injunction [4-1] (el) (Entered: 10/13/1998)

Oct. 8, 1998
37

Sheriff's Departmnet Policy re use of stun belts (el) (Entered: 10/13/1998)

Oct. 8, 1998
38

NOTICE OF ERRATA by defendants City of Los Angeles, et al correcting decl of Kevin C Brazile (el) (Entered: 10/14/1998)

Oct. 9, 1998
39

REPLY Mem of PA by defendants in suppt of exparte motion for order staying taking of depo on 10/15/98 pending ruling on dfts' mtn to dism [33-1], exparte motion for protective order to preclu or limit depos of Block & Cassani [33-2] (el) (Entered: 10/14/1998)

Oct. 13, 1998
40

NOTICE OF ERRATA by defendant correcting motion reply [39-1] (el) (Entered: 10/14/1998)

Oct. 13, 1998
45

ORDER by Discovery Carla M. Woehrle granting exparte motion for order staying taking of depos of LA co sheriff Sherman Block and LA co Muni Crt Judge Joan Comparet-Cassani and preclued until 11/3/98 or dist crt ruling on dfts' mtn to dism [33-1] (lc) (Entered: 10/22/1998)

Oct. 13, 1998
42

EX PARTE APPLICATION filed by plaintiff Ronnie Hawkins to continue fr two wks the hrg on defts various mots to dism Lodged ord (lc) (Entered: 10/19/1998)

Oct. 15, 1998
43

OPPOSITION by defendants to exparte motion to continue fr two wks the hrg on defts various mots to dism [42-1] (lk) (Entered: 10/19/1998)

Oct. 15, 1998
44

NOTICE by plaintiff Ronnie Hawkins of suspension from the practoce of law of firm member Stephen Yagman. (lk) (Entered: 10/19/1998)

Oct. 16, 1998
46

ORDER by Judge Dean D. Pregerson granting exparte motion to continue hrg on defts various mots to dism [42-1] resetting hearing on defts motion to dismiss [29-1] [21-1] [20-1] 10:00 11/16/98 (lc) (Entered: 10/22/1998)

Oct. 16, 1998
47

MEMO OF LAW IN OPP to plf mot for sanctions (discv) by defendant Los Angeles County (lc) (Entered: 10/22/1998)

Oct. 19, 1998
48

OPPOSITION by plaintiff Ronnie Hawkins to defts motions to dismiss [29-1] [21-1] [20-1] (lc) (Entered: 10/22/1998)

Oct. 20, 1998
53

NOTICE OF MOTION AND MOTION by plaintiff Ronnie Hawkins for discovery ;disc stip; motion hearing set for 10:00 11/10/98 (lc) (Entered: 10/27/1998)

Oct. 20, 1998
50

(BLIND) OPPOSITION by plaintiff Ronnie Hawkins to exparte motion for protective order staying &/or precluding all discov until after the Dist Crt rules on the mot to dism of the dfts on immunity grounds [49-1] (jag) (Entered: 10/26/1998)

Oct. 21, 1998
51

(BLIND) OPPOSITION by plaintiff Ronnie Hawkins to exparte motion for protective order staying &/or precluding all discov until after the Dist Crt rules on the mot to dism of the dfts on immunity grounds [49-1] (jag) (Entered: 10/26/1998)

Oct. 21, 1998
52

SUPPL (BUT TIMELY) OPPOSITION by plaintiff Ronnie Hawkins to motion to dismiss counts 1 & 2 of the 1st A/C [29-1] (jag) (Entered: 10/26/1998)

Oct. 21, 1998
49

EX PARTE APPLICATION filed by defendants for protective order staying &/or precluding all discov until after the Dist Crt rules on the mot to dism of the dfts on immunity grounds ; Lodged propsd ord (jag) (Entered: 10/26/1998)

Oct. 22, 1998
54

MEMORANDUM IN SUPPORT by Los Angeles County of et al defts motion to dismiss counts 1 & 2 of the 1st A/C [29-1] (lc) (Entered: 10/28/1998)

Oct. 23, 1998
55

MEMORANDUM IN SUPPORT by Los Angeles County of, et al defts exparte motion for protective order staying &/or precluding all discov until after the Dist Crt rules on the mot to of the dfts on immunity grounds [49-1] (lc) (Entered: 10/28/1998)

Oct. 23, 1998
56

MINUTES: granting dfts' exparte motion for protective order staying &/or precluding all discov until after the Dist Crt rules on the mot to dism of the dfts on immunity grounds [49-1]; it does not appr that plf will be unduly prejudiced by a limited stay of discovery; such a stay is appro in this case. by Discovery Carla M. Woehrle CR: n/a (el) (Entered: 11/04/1998)

Oct. 26, 1998
57

SUPPLEMENTAL SUBMISSION of his discov motion by plaintiff Ronnie Hawkins (el) (Entered: 11/04/1998)

Nov. 3, 1998
58

Reply/Suppl MEMORANDUM of Law by defendants in opposition to motion for discovery [53-1] sanctions (el) (Entered: 11/13/1998)

Nov. 6, 1998
59

OBJECTIONS to length of plf's opposition papers by defendants (el) (Entered: 11/13/1998)

Nov. 6, 1998

LODGED/PROPOSED ORDER submitted by defendants Los Angeles County et al for motion for discovery [53-1] .(FWD TO CRD) (jc) (Entered: 11/13/1998)

Nov. 12, 1998
60

EX PARTE APPLICATION filed by amicus Amnesty Intl for permission to file amicus curiae br Lodged ord, amicus br (lc) (Entered: 11/16/1998)

Nov. 12, 1998
61

Ntc of filing replacement origs by amicus Amnesty Intl to exparte motion for permission to file amicus curiae br [60-1] (lc) (Entered: 11/16/1998)

Nov. 12, 1998
62

ORDER by Judge Dean D. Pregerson granting exparte motion for permission to file amicus curiae br [60-1] (lc) (Entered: 11/16/1998)

Nov. 13, 1998
63

AMICUS CURIAE BRIEF FILED by amicus Amnesty Intl (lc) (Entered: 11/17/1998)

Nov. 13, 1998
64

MINUTES: Hrg hld on mots to dism fld 9/7/98: that the motion to dismiss first amended complaint [21-1] is submitted, that the motion to dismiss first amended complaint [20-1] is submitted by Judge Dean D. Pregerson CR: Donna FitzSimons (lc) (Entered: 11/17/1998)

Nov. 16, 1998
65

REQUEST by dfts Los Angeles County, et al for clarification of tentative ruling issd on 1/16/98 (el) (Entered: 11/20/1998)

Nov. 17, 1998
66

Plf's Rule 28(J) analog in OPPOSITION by plaintiff Ronnie Hawkins to motion to dismiss first amended complaint [21-1], motion to dismiss first amended complaint [20-1], and in suppt of plf's motion for preliminary injunction [4-1] (el) (Entered: 11/20/1998)

Nov. 18, 1998
67

DECLARATION of Dennis Kaufman by Los Angeles County et al in resp to inquiries re request [65-1] (el) (Entered: 11/20/1998)

Nov. 18, 1998
69

Plf's submission of Additional Evid that might bear on iss raised on 11/16/98 motions hrg (el) (Entered: 11/20/1998)

Nov. 19, 1998
70

Partial RESPONSE by plaintiff Ronnie Hawkins re request [65-1] (el) (Entered: 11/20/1998)

Nov. 19, 1998
71

RESPONSE by defendants' to plf's 2nd and improper FRAP Rule 28(J) Analog in opp to motion to dismiss counts 1 & 2 of the 1st A/C [29-1] (el) (Entered: 11/24/1998)

Nov. 20, 1998
72

Original DECLARATION of Dennis Kaufman in response to inquiries by defendant during oral argument re minutes [64-1] (el) (Entered: 11/24/1998)

Nov. 20, 1998
73

OBJECTIONS by plaintiff Ronnie Hawkins to post-hrg evid submissions [69-1] (el) (Entered: 11/24/1998)

Nov. 20, 1998
75

ORDER by Discovery Carla M. Woehrle denying motion for discovery sanctions [53-1] that plf's req for the recovery of atty's fees is denied; dfts shl pay one-half (1/2) of the videotaping and stenographer costs of the depo. (el) (Entered: 11/25/1998)

Nov. 20, 1998
74

Revised stun belt policy pending crt's final decision re P/I by County of Los Angeles, et al (el) (Entered: 11/25/1998)

Nov. 24, 1998
76

Plf's Rule 28(J) Analog STATEMENT citing es parte Pinochet by plaintiff Ronnie Hawkins (el) (Entered: 12/03/1998)

Nov. 30, 1998
77

OBJECTIONS to rule 28(J0 analog smttm citing ex parte Pinochet by Los Angeles County defts (lc) (Entered: 12/07/1998)

Dec. 4, 1998
78

Request for judicial notice of recent crtrm violence by defendant Los Angeles County [20-1] (lc) (Entered: 12/07/1998)

Dec. 4, 1998
79

Recent Case Auth by defendants tootion to dismiss (el) (Entered: 01/07/1999)

Jan. 5, 1999
80

RESPONSE by plaintiff Ronnie Hawkins to dfts' 1/4/99 submission of recent case auth re motion to dism [79-1] & plf's submission of addtl new case auth (el) (Entered: 01/25/1999)

Jan. 21, 1999
81

ORDER by Judge Dean D. Pregerson GRANT in part DENY in part dfts' motion to dismiss: GRANTS all clms for injunc relief & damages w/prej agnst Judge Comparet-Cassani in both her indiv & offcl capacities, agnst the Los Angeles Cnty Supr Cart, agnst the LA Cnty Sheriff in his offcl capacity; DENIES dfts' mtn to dism clms for injunc relief & damages agnst the LA Cnty Sheriff in his indiv capacity; GRANTS dfts' mtn to dism all clms for dmgs w/prej. agnst Dep Donna Jacobs in both her offcl & indiv capacities; GRANTS dfts' mtn to dism all clms for injuc relief & dmgs w/prej. agnst LA Cnty; GRANTS dfts' mtn to dism all clms under counts I & II of the plf's A/C; GRANTS dfts' mtn to dism clms for dmgs under the 4th Amd in Count IV of plf's A/C; DENIES dfts' mtn to dism Count X of plf's A/C; GRANTS plf's motion to certify class action [5-1], GRANTS motion for preliminary injunction [4-1] (ENT 1/26/99) mld cpys & ntc (el) (Entered: 01/26/1999)

Jan. 25, 1999
82

REPLY by Los Angeles County et al re plf's response [80-1] (el) (Entered: 02/01/1999)

Jan. 25, 1999
83

REQUEST by plaintiff Ronnie Hawkins for Certification for publication of Crt's order granting mtn for prelim injunc (el) (Entered: 02/02/1999)

Jan. 27, 1999
84

NOTICE OF MOTION AND MOTION by plaintiff Ronnie Hawkins for reconsideration of part of 1/25/99 ord denying inj relief agst state defts ; motion hearing set for 10:00 2/22/99 (lc) (Entered: 02/04/1999)

Feb. 1, 1999
87

NOTIFICATION ofdeath of dft Sherman Block by defendants (el) (Entered: 02/08/1999)

Feb. 4, 1999
85

PRELIMINARY INJUNCTION NOTICE OF APPEAL by defendant Sherman Block to 9th C/A from Dist. Court ord fld 1/25/99, ent 1/26/99 [81-1] (cc: Kevin Brazile, Dpty County Counsel ) Fee: Paid (fvap) Modified on 02/05/1999 (Entered: 02/05/1999)

Feb. 5, 1999
86

ORDER by Judge Dean D. Pregerson GRANT in part DENY in part motion for reconsideration of part of 1/25/99 ord denying inj relief agst state defts [84-1] (el) (Entered: 02/05/1999)

Feb. 5, 1999
88

MINUTES: hrg taken off calendar and finding the plf's motion for reconsideration of part of 1/25/99 ord denying inj relief agst state defts [84-1] moot. by Judge Dean D. Pregerson CR: None present (el) (Entered: 02/09/1999)

Feb. 5, 1999
89

MEMORANDUM of PA by dfts Los Angeles County, et al in opposition to motion for reconsideration of part of 1/25/99 ord denying inj relief agst state defts [84-1] (el) (Entered: 02/09/1999)

Feb. 5, 1999
91

AMENDED ORDER by Judge Dean D. Pregerson GRANT in PART deny in PART dfts' mtn to dism as follows: GRANTS dfts' mtn to dism all clms for injunctive relief and dmgs w/prej. agnst Judge Comparet- Cassani in both her indiv & official capacities; LA County Superior Crt; LA County Municipal Crt and agnst LA County. DENIES dfts' mtn to dismiss clms for injunc relief agnst LA County Sheriff. GRANTS dfts' mtn to dism all clms for damages w/prej. agnst LA County Sheriff in his official capacity & agnst Deputy Donna Jacobs in both her official & indiv capacities; DENIES dfts' mtn to dism clms for damages agnst the LA County Sheriff in his indiv capacity. GRANTS dfts' mtn to dism all clms under Counts I (violations of jus cogens international law) and II (viol of jus dispositivum international law) of plf's A/C; GRANTS dfts' mtn to dism clms for damages under the 4th Amd in Count IV of the plf's A/C; DENIES dfts' mtn to dism Count X of plf's A/C; GRANTS plf's mtn for class certification and mtn for prelim injunction. (el) (Entered: 02/10/1999)

Feb. 5, 1999
92

AMENDED NOTICE OF APPEAL (Preliminary Injunction Appeal) by defendant Sherman Block to 9th C/A from Dist. Court amended ord fld 2/6/99 [91-1] (cc: Kevin Brazile, Dpty County Counsel ) Fee: Waived (fvap) Modified on 02/10/1999 (Entered: 02/10/1999)

Feb. 10, 1999
93

ANSWER filed by defendant Los Angeles County Sheriff to First amended complaint [18-1] (el) (Entered: 02/16/1999)

Feb. 11, 1999
94

EX PARTE APPLICATION filed by defendant Los Angeles Cnty Sheriff for order to stay any & all fur prcdgs pending the 9th Circuit's ruling on LAC Sheriff's appeal of the P/I order ; Mem of PA; Decls, Exhs; Lodged Order (el) (Entered: 02/17/1999)

Feb. 12, 1999
96

NOTICE OF MOTION AND MOTION by plaintiff Ronnie Hawkins for reconsideration of part of 2/5/99 ord denying injunc relief agnst state dfts ; motion hearing set for 10:00 3/8/99 (el) (Entered: 02/22/1999)

Feb. 16, 1999
106

Initial "Blind" OPPOSITION by plaintiff Ronnie Hawkins to exparte motion for order to stay any & all fur prcdgs pending the 9th Circuit's ruling on LAC Sheriff's appeal of the P/I order [94-1] (el) (Entered: 03/01/1999)

Feb. 16, 1999
95

Fur OPPOSITION by plaintiff Ronnie Hawkins to exparte motion for order to stay any & all fur prcdgs pending the 9th Circuit's ruling on LAC Sheriff's appeal of the P/I order [94-1] (el) (Entered: 02/19/1999)

Feb. 17, 1999
100

SECOND AMENDED NOTICE OF APPEAL by defendant Los Angeles County to 9th C/A from Dist. Court ord fld 2/5/99, ent 2/10/99 [91-1] (cc: Kevin Brazile, Principal Dep County Counsel; Stephen Yagman, Yagman and Yagman) Fee: Waived (wdc) (Entered: 02/24/1999)

Feb. 17, 1999
97

MEMORANDUM of PA by dfts Los Angeles County, et al in opposition to motion for reconsideration of part of 2/5/99 ord denying injunc relief agnst state dfts [96-1] (el) (Entered: 02/22/1999)

Feb. 18, 1999
98

Initial "Blind" OPPOSITION by plaintiff Ronnie Hawkins to exparte motion for order to stay any & all fur prcdgs pending the 9th Circuit's ruling on LAC Sheriff's appeal of the P/I order [94-1] (el) (Entered: 02/23/1999)

Feb. 18, 1999
99

ORDER by Judge Dean D. Pregerson, The crt DENIES plfs motion for reconsideration of part of 2/5/99 ord denying injunc relief agnst state dfts [96-1] (app) (Entered: 02/24/1999)

Feb. 23, 1999

State / Territory: California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: July 13, 1998

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons who are in custody of the LA County Sheriff, appearing in either LA County municipal or superior court, who engage in conduct perceived to be disruptive, and upon whom the custodial officer may subject to the use of a stun belt.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Los Angeles Municipal Court (Los Angeles), City

LA Superior Court (Los Angeles), City

Los Angeles County (Los Angeles), County

LA County Sheriff's Department (Los Angeles), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1999 - 2002

Content of Injunction:

Preliminary relief granted

Issues

Reproductive rights:

Fetus Identity

General:

Conditions of confinement

Disciplinary procedures

Excessive force

Restraints : physical