Case: Porter v. Speirs

06AS03654 | California state trial court

Filed Date: Dec. 19, 2006

Clearinghouse coding complete

Case Summary

On December 19, 2006, a taxpayer filed an amended complaint in the Sacramento County, California, Superior Court naming, as defendants, the county's chief probation officer and the county's superintendent of schools. Plaintiff sought declaratory relief and to enjoin expenditure of public funds for alleged illegal conduct at the county's two juvenile halls. (We do not have information on when the original complaint was filed nor the allegations made.) Plaintiff had private counsel, including …

On December 19, 2006, a taxpayer filed an amended complaint in the Sacramento County, California, Superior Court naming, as defendants, the county's chief probation officer and the county's superintendent of schools. Plaintiff sought declaratory relief and to enjoin expenditure of public funds for alleged illegal conduct at the county's two juvenile halls. (We do not have information on when the original complaint was filed nor the allegations made.) Plaintiff had private counsel, including attorneys from a large firm and from the Prison Law Office, both of whom were also involved as plaintiffs' counsel in similar California cases, Farrell v. Harper, Hixon v. Hope, and Waters v. Woodford (cases JI-CA-13, JI-CA-14, and JI-CA-16, respectively, in this database).

The amended complaint set out numerous categories in which the halls, as operated, allegedly failed to meet state statutory standards, including inadequate physical safety (e.g., excessive staff use of force, including overuse of pepper spray and a practice called "dipping," in which juvenile wards were forced to the ground by staff, who then kneeled on them, as well as subjected to verbal and emotional abuse); living conditions far from statutorily-mandated "homelike conditions" (e.g., poor meals, overcrowding, extended housing in rooms without plumbing, filthy conditions, and denial of writing materials, of child visitation and of telephone access); lack of educational and rehabilitative programs, especially in "lock-up" units, and absence of special education combined with failure to provide required Individualized Education Plans (IEPs); inadequate medical and mental health care (including failure to obtain parental consent for medical procedures); and lack of accommodations for those with physical or mental disabilities (such as for learning disabled or deaf residents). Citing numerous provisions of the state's constitution and statutes, the plaintiff sought declaratory and injunctive relief, attorneys' fees and costs, and for the court to retain jurisdiction over the case until it found sufficient compliance by the defendant with remedial orders plaintiff sought.

We have no further information about activity in the case; however, a June 2007, legislative proposal (S.B. 518) in the California Assembly to create a youth bill of rights for juveniles within state prisons or juvenile facilities mentions that serious allegations of substandard conditions for juvenile wards have been made in several pending cases, including this one. A copy of a legislative analysis of the proposed bill is in this database.

Summary Authors

Mike Fagan (5/20/2008)

People


Judge(s)

Arguelles, James P (California)

Cadei, Raymond M. (California)

Chang, Shelleyanne W. L. (California)

Attorney for Plaintiff

Agarwal, Monty (California)

Barker, Diane (California)

Attorney for Defendant

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Documents in the Clearinghouse

Document

06AS03654

Amended Complaint for Injunctive and Declaratory Relief

Dec. 19, 2006

Dec. 19, 2006

Complaint

Assembly Committee on Public Safety [Analysis of Senate Bill 518]

No Court

June 26, 2007

June 26, 2007

Press Release

06AS03654

Stipulated Consent Decree

Porter v. Spiers

Dec. 15, 2009

Dec. 15, 2009

Settlement Agreement

Docket

Last updated Jan. 24, 2024, 9:21 a.m.

ECF Number Description Date Link Date / Link
1

CMP Packet

Oct. 31, 2007

Oct. 31, 2007

2

Porter, David added as a Plaintiff effective 08/28/2006 .

Nov. 19, 2007

Nov. 19, 2007

3

Gordon, David added as a Defendant effective 08/28/2006 .

Nov. 19, 2007

Nov. 19, 2007

4

Speirs, Vernon added as a Defendant effective 08/28/2006 .

Nov. 19, 2007

Nov. 19, 2007

5

Norman, Sara added as a effective 08/28/2006 .

Nov. 19, 2007

Nov. 19, 2007

6

Trujillo, Phillip added as a effective 08/28/2006 .

Nov. 19, 2007

Nov. 19, 2007

7

Deutsch, Craig E added as a effective 08/28/2006 .

Nov. 19, 2007

Nov. 19, 2007

8

Case assigned to Department 39 .

Nov. 19, 2007

Nov. 19, 2007

9

Case Management Statement filed.

Nov. 28, 2007

Nov. 28, 2007

11

Case Notes generated .

Dec. 6, 2007

Dec. 6, 2007

12

Tentative Ruling for Case Management Conference - Case Management Program set on 12/13/2007 08:30:00 AM published .

Dec. 7, 2007

Dec. 7, 2007

14

The Trial Setting Conference - Trial Setting Conference is scheduled for 03/17/2008 at 11:00 AM in Department 47.

Dec. 14, 2007

Dec. 14, 2007

15

Minutes finalized for Case Management Conference - Case Management Program heard on 12/13/2007 08:30:00 AM .

Dec. 14, 2007

Dec. 14, 2007

13

Trial Setting Conference - Trial Setting Conference scheduled for 03/17/2008 at 11:00:00 AM in Department 47 at Gordon D Schaber Courthouse and the Notice of Hearing has been generated .

Dec. 17, 2007

Dec. 17, 2007

16

Case Management Statement filed.

March 3, 2008

March 3, 2008

17

Trial Setting Conference - Trial Setting Conference scheduled for 07/21/2008 at 11:00:00 AM in Department 47 at Gordon D Schaber Courthouse and the Notice of Hearing has been generated .

March 19, 2008

March 19, 2008

33

Correspondence (Returned Notice From Post Office) filed.

April 1, 2008

April 1, 2008

18

Notice of Hearing, Clerks Certificate of Service by Mail (to Phillip Trujillo ret'd mail)

April 3, 2008

April 3, 2008

19

Notice of Change of Address filed.

April 17, 2008

April 17, 2008

20

Notice of Change of Address filed.

June 5, 2008

June 5, 2008

21

Motion - Other (for a Continuance of the Trial Date) filed.

July 28, 2008

July 28, 2008

22

Memorandum of Points and Authorities filed.

July 28, 2008

July 28, 2008

23

Declaration - Other (of Donald Specter in Support of Motion for Continuance of the Trial Date) filed.

July 28, 2008

July 28, 2008

24

Proof of Service - MAILING filed.

July 28, 2008

July 28, 2008

25

Motion to Continue Trial - PJ Law and Motion scheduled for 08/21/2008 at 09:30:00 AM in Department 47 at Gordon D Schaber Courthouse .

July 28, 2008

July 28, 2008

26

Notice - Other (Of Errata RE Plaintiffs Motion For A Continuance Of The Trial) filed.

July 30, 2008

July 30, 2008

27

Opposition to Noticed Motion filed.

Aug. 1, 2008

Aug. 1, 2008

28

Opposition (Defendant David Gordon's Opposition to Plaintiff's Motion to Contibue Trial; Memorandum of Points and Authorities) filed.

Aug. 7, 2008

Aug. 7, 2008

29

Reply - Other (Plaintiffs Reply Brief In Support Of Motion For A Continuance Of The Trial Date) filed.

Aug. 14, 2008

Aug. 14, 2008

30

Minutes finalized for Motion to Continue Trial - PJ Law and Motion heard on 08/21/2008 09:30:00 AM .

Aug. 21, 2008

Aug. 21, 2008

31

Case Referred to Master Calendar Department for Parties' selection of Trial date and Mandatory Settlement Conference date within 60 days.

Aug. 21, 2008

Aug. 21, 2008

32

Stipulation and Order Re Leave to File Fourth Amended Complaint

Sept. 15, 2008

Sept. 15, 2008

34

Motion to Compel Discovery (Inspection Of Educational Facilities) filed.

Sept. 22, 2008

Sept. 22, 2008

36

Memorandum of Points and Authorities (in support of motion to compel) filed.

Sept. 22, 2008

Sept. 22, 2008

37

Declaration - Other (Richard B Ulmer Jr in support of motion to compel inspection) filed.

Sept. 22, 2008

Sept. 22, 2008

38

Declaration - Other (Peter E Leone in support of motion to compel inspection) filed.

Sept. 22, 2008

Sept. 22, 2008

39

Statement - Other (separate statement in support of motion to compel inspection) filed.

Sept. 22, 2008

Sept. 22, 2008

40

Proof of Service filed.

Sept. 22, 2008

Sept. 22, 2008

35

Answer filed.

Sept. 25, 2008

Sept. 25, 2008

41

Motion to Compel Discovery - Civil Law and Motion scheduled for 10/15/2008 at 09:00:00 AM in Department 54 at Gordon D Schaber Courthouse .

Sept. 26, 2008

Sept. 26, 2008

44

Notice - Other (of errata in reference to Plaintiff's notice of motion and motion to compel inspection of educational facilities) filed.

Oct. 1, 2008

Oct. 1, 2008

42

Joinder in Motion (to Defendant Gordon's Opposition to Plaintiff's Motoin to Compel Inspection of Educational Facilities) filed.

Oct. 2, 2008

Oct. 2, 2008

48

Opposition (to motion) filed.

Oct. 2, 2008

Oct. 2, 2008

49

Declaration - Other filed.

Oct. 2, 2008

Oct. 2, 2008

50

Declaration - Other filed.

Oct. 2, 2008

Oct. 2, 2008

43

Answer filed.

Oct. 3, 2008

Oct. 3, 2008

53

Reply - Other (brief in support of motion to compel inspection of education facilities) filed.

Oct. 7, 2008

Oct. 7, 2008

45

Proof of Service - MAILING filed.

Oct. 8, 2008

Oct. 8, 2008

46

Declaration - Other (Declaration in Support of Reply Brief) filed.

Oct. 8, 2008

Oct. 8, 2008

47

Reply - Other (Reply Brief in Support of Motion to Compel) filed.

Oct. 8, 2008

Oct. 8, 2008

51

Minutes finalized for Motion to Compel Discovery - Civil Law and Motion heard on 10/15/2008 09:00:00 AM .

Oct. 15, 2008

Oct. 15, 2008

52

Motion to Compel Discovery - Civil Law and Motion scheduled for 10/23/2008 at 09:00:00 AM in Department 54 at Gordon D Schaber Courthouse .

Oct. 15, 2008

Oct. 15, 2008

54

Statement - Other (Regarding Setting of Trial Date and Mandatory Settlement Conference) filed.

Oct. 20, 2008

Oct. 20, 2008

60

Declaration - Other filed.

Oct. 21, 2008

Oct. 21, 2008

61

Statement - Other filed.

Oct. 21, 2008

Oct. 21, 2008

55

Civil Trial Assignment - Long Cause - Civil Trial Assignment scheduled for 04/07/2009 at 08:30:00 AM in Department 47 at Gordon D Schaber Courthouse and the No Forms has been generated .

Oct. 22, 2008

Oct. 22, 2008

56

Civil Settlement Conference - Civil Settlement Conference scheduled for 03/09/2009 at 08:30:00 AM in Department 59 at Gordon D Schaber Courthouse and the No Forms has been generated .

Oct. 22, 2008

Oct. 22, 2008

57

Notice of Hearing generated .

Oct. 23, 2008

Oct. 23, 2008

58

Notice of Hearing generated .

Oct. 23, 2008

Oct. 23, 2008

59

Notice of Hearing generated .

Oct. 23, 2008

Oct. 23, 2008

62

Matter taken under submission

Oct. 23, 2008

Oct. 23, 2008

63

Minutes finalized for Motion to Compel Discovery - Civil Law and Motion heard on 10/23/2008 09:00:00 AM .

Oct. 23, 2008

Oct. 23, 2008

64

Submitted matter decided

Oct. 23, 2008

Oct. 23, 2008

65

Minutes finalized for Motion to Compel Discovery - Civil Law and Motion heard on 2008-10-23 09:00:00.0 .

Oct. 23, 2008

Oct. 23, 2008

66

Minutes finalized for Motion to Compel Discovery - Civil Law and Motion heard on 10/23/2008 02:30:28 PM .

Oct. 23, 2008

Oct. 23, 2008

76

Stipulation Only - Other (Re: Electronic Service of Documents) filed.

Oct. 23, 2008

Oct. 23, 2008

67

Notice of Change of Address and Telephone filed.

Oct. 27, 2008

Oct. 27, 2008

68

Notice of Entry - Other (of Order Granting Motion to Compel Inspection of Educational Facilities) filed.

Oct. 28, 2008

Oct. 28, 2008

69

Motion for Continuance of Trial filed.

Nov. 3, 2008

Nov. 3, 2008

70

Memorandum of Points and Authorities filed.

Nov. 3, 2008

Nov. 3, 2008

71

Declaration - Other (Of Unavailabilty In Support Of Defendant Speirs' Motion For Continuance Of The Trial Date) filed. filed by Speirs, Vernon(Defendant)

Nov. 3, 2008

Nov. 3, 2008

72

Motion for Continuance of Trial filed.

Nov. 12, 2008

Nov. 12, 2008

73

Memorandum of Points and Authorities filed.

Nov. 12, 2008

Nov. 12, 2008

74

Declaration - Other filed.

Nov. 12, 2008

Nov. 12, 2008

75

Motion to Continue Trial - PJ Law and Motion scheduled for 12/12/2008 at 09:30:00 AM in Department 47 at Gordon D Schaber Courthouse .

Nov. 12, 2008

Nov. 12, 2008

78

Notice - Other (Notice Of Subpoena For Personal Appearance To Person Most Knowledgeable At California Corrections Standards RE: Records Of Don Allen) filed.

Nov. 21, 2008

Nov. 21, 2008

77

Response (Response To Defendant Speirs Motion For A Continuance Of The Trial Date) filed.

Dec. 1, 2008

Dec. 1, 2008

79

Tentative Ruling for Motion to Continue Trial - PJ Law and Motion set on 12/12/2008 09:30:00 AM published .

Dec. 11, 2008

Dec. 11, 2008

80

Minutes finalized for Motion to Continue Trial - PJ Law and Motion heard on 12/12/2008 09:30:00 AM .

Dec. 12, 2008

Dec. 12, 2008

81

Civil Trial Assignment - Long Cause - Civil Trial Assignment scheduled for 04/07/2009 at 08:30:00 AM in Department 47 at Gordon D Schaber Courthouse was vacated .

Dec. 12, 2008

Dec. 12, 2008

82

Case Referred to Master Calendar Department for Parties' selection of Trial date and Mandatory Settlement Conference date within 60 days.

Dec. 12, 2008

Dec. 12, 2008

83

Civil Settlement Conference - Civil Settlement Conference scheduled for 03/09/2009 at 08:30:00 AM in Department 59 at Gordon D Schaber Courthouse was vacated .

Dec. 22, 2008

Dec. 22, 2008

84

Civil Trial Assignment - Long Cause - Civil Trial Assignment scheduled for 07/27/2009 at 08:30:00 AM in Department 47 at Gordon D Schaber Courthouse and the No Forms has been generated .

March 9, 2009

March 9, 2009

85

Civil Settlement Conference - Civil Settlement Conference scheduled for 06/30/2009 at 01:30:00 PM in Department 59 at Gordon D Schaber Courthouse and the No Forms has been generated .

March 9, 2009

March 9, 2009

86

Notice of Hearing generated .

March 10, 2009

March 10, 2009

87

Notice of Hearing generated .

March 10, 2009

March 10, 2009

88

Motion for Continuance of Trial filed.

March 19, 2009

March 19, 2009

89

Declaration - Other (Dec of Rick Heyer in Support) filed.

March 19, 2009

March 19, 2009

90

Memorandum of Points and Authorities filed.

March 19, 2009

March 19, 2009

91

Declaration - Other (Dec re: Unavailability) filed.

March 19, 2009

March 19, 2009

92

Statement - Other (Plaintiff's Statement of Non-Oposition to Defendant Speirs' Motion for A Continuance of The Trial Date and Request To Continue Discovery Based On Continued Trial Date) filed.

April 1, 2009

April 1, 2009

93

Non-Opposition (Defendant David Gordon's Non-Opposition to Defendant Speirs' Motion for Continuance of Trial Date and Request to Continue All Motion Deadlines) filed.

April 2, 2009

April 2, 2009

94

Motion to Continue Trial - PJ Law and Motion scheduled for 04/16/2009 at 09:30:00 AM in Department 47 at Gordon D Schaber Courthouse .

April 3, 2009

April 3, 2009

95

Tentative Ruling for Motion to Continue Trial - PJ Law and Motion set on 04/16/2009 09:30:00 AM published .

April 15, 2009

April 15, 2009

96

Minutes finalized for Motion to Continue Trial - PJ Law and Motion heard on 04/16/2009 09:30:00 AM .

April 16, 2009

April 16, 2009

97

Civil Trial Assignment - Long Cause - Civil Trial Assignment scheduled for 07/27/2009 at 08:30:00 AM in Department 47 at Gordon D Schaber Courthouse was vacated .

April 16, 2009

April 16, 2009

98

Civil Settlement Conference - Civil Settlement Conference scheduled for 06/30/2009 at 01:30:00 PM in Department 59 at Gordon D Schaber Courthouse was vacated .

April 16, 2009

April 16, 2009

99

Case Referred to Master Calendar Department for Parties' selection of Trial date and Mandatory Settlement Conference date within 60 days.

April 16, 2009

April 16, 2009

100

Civil Trial Assignment - Long Cause - Civil Trial Assignment scheduled for 11/09/2009 at 08:30:00 AM in Department 47 at Gordon D Schaber Courthouse and the No Forms has been generated .

July 9, 2009

July 9, 2009

101

Civil Settlement Conference - Civil Settlement Conference scheduled for 10/07/2009 at 08:30:00 AM in Department 59 at Gordon D Schaber Courthouse and the No Forms has been generated .

July 9, 2009

July 9, 2009

Case Details

State / Territory: California

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Dec. 19, 2006

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Taxpayers who bring this action to enjoin expenditure of funds to promulgate, administer, and enforce illegal policies, practices, and procedures in the Sacramento County Juvenile Hall.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prison Law Office

Youth Law Center

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sacramento County Juvenile Hall (San Benito), County

Sacramento County Office of Education (Sacramento), County

Case Details

Causes of Action:

State law

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Unknown

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Education

Food service / nutrition / hydration

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Confinement/isolation

Pepper/OC spray

Assault/abuse by staff (facilities)

Disability and Disability Rights:

Special education

Hearing impairment

Mental impairment

Discrimination-basis:

Disability (inc. reasonable accommodations)

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run