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Case: Pierce v. Orange County

8:01-cv-00981 | U.S. District Court for the Central District of California

Filed Date: Oct. 18, 2001

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On October 18, 2001, pretrial detainees represented by attorney Barry Litt initiated a class action suit under 42 U.S.C. § 1983 in the United States District Court for the Central District of California, challenging the conditions of confinement at the Orange County Jail (the "Jail"). Plaintiffs alleged that they were detained for unreasonable periods of time following the order for their release, denied rights under Stewart v. Gates (e.g., holding cell seats, outdoor exercise, dayroom and pho…

On October 18, 2001, pretrial detainees represented by attorney Barry Litt initiated a class action suit under 42 U.S.C. § 1983 in the United States District Court for the Central District of California, challenging the conditions of confinement at the Orange County Jail (the "Jail"). Plaintiffs alleged that they were detained for unreasonable periods of time following the order for their release, denied rights under Stewart v. Gates (e.g., holding cell seats, outdoor exercise, dayroom and phone access) [See JC-CA-0054], and denied reasonable accommodations under the Americans with Disabilities Act (ADA).

The District Court (Judge Gary L. Taylor) certified two classes, one for equitable relief and one for injunctive relief, on October 15, 2003. The injunctive relief class was later decertified on March 1, 2004. In response to various motions to dismiss, Plaintiffs filed several amended complaints, culminating in the final operative pleading, the Fifth Amended Complaint. The claims that survived dismissal involved meals, overcrowded holding cells, outdoor exercise, dayroom access, religious services, and access for people with disabilities.

On March 10, 2004, Judge Taylor sua sponte consolidated this action with Stewart v. Gates, 450 F.Supp. 583 (C.D.Cal. 1978), for the December 2004 trial. The Stewart case involved an injunction against the Jail that had been in effect since the mid-1970s. [See JC-CA-0054].

One plaintiff's personal injury claim was bifurcated from the main case and settled in December 2005.

On April 27, 2005, Judge Taylor entered judgment for the defendants on all claims. Plaintiffs appealed.

On March 24, 2008, the United States Court of Appeals for the Ninth Circuit affirmed much of the District Court's decision modifying and terminating portions of prior injunctive decrees. The Court of Appeals reversed the District Court's decision regarding the plaintiffs' right-to-worship, cruel and unusual punishment, and ADA claims. The appellate ruling stated that the religious services portion of the Stewart injunction was both narrowly drawn and needed to protect the freedom of these pretrial detainees to worship, so it should not have been modified by the District Court. The Ninth Circuit also held that providing only ninety minutes per week (about thirteen minutes per day) of out-of-cell exercise for pretrial prisoners in administrative segregation did not meet constitutional standards. Likewise, failure to provide accommodations for mobility- and dexterity-impaired pretrial prisoners did not comply with ADA requirements. The defendants' failure to remove certain physical barriers or make accommodations for disabled prisoners to navigate these barriers, as well as the Jail's inadequate accommodations of disabled prisoners' educational, recreational, and vocational programming needs, constituted ADA non-compliance. The Ninth Circuit also restored one disabled plaintiff's claims for damages based upon alleged mental and emotional harms, finding that these harms allegedly resulted from the ADA violations and should not have been dismissed by the District Court. Pierce v. County of Orange, 519 F.3d 985 (9th Cir. 2008). This order was amended on May 15, 2008 as part of the denial of rehearing en banc. Pierce v. County of Orange, 526 F.3d 1190 (9th Cir. 2008).

The case was remanded to the District Court for further fact-finding on the state of physical barriers to adequate access to bathrooms, showers, exercise areas, dayrooms, dining rooms, cells and all other areas to which disabled persons should have access, and to order remedial remedies as required.

On January 7, 2011, after another six-day bench trial, the District Court (Judge Audrey B. Collins) confirmed the ADA sub-class as pretrial detainees with either a mobility or dexterity impairment, and made detailed findings of fact as to the conditions in the various facilities. Judge Collins found ADA violations including physical barriers for disabled inmates, disparate access to services, recreation and programming, and noncompliant bathroom, shower, and living facilities. Judge Collins ordered the defendants to draft a comprehensive plan to correct these deficiencies. Pierce v. County of Orange, 761 F. Supp. 2d 915 (C.D. Cal. 2011).

On February 18, 2011, defendants submitted a Proposed Plan for addressing the issues presented in the January 7 ruling. After plaintiffs submitted their reply on March 11, 2011, the Proposed Plan was amended.

On June 28, 2011, the District Court entered judgment for the plaintiffs and accepted the defendant's final proposed plan for addressing the physical barriers identified in the factual findings and ensuring that disabled detainees are provided with equal access to programs, services, and activities as discussed therein. The Court's order also called for the appointment of a Monitor. Over the next year, the parties litigated attorneys' fees and issues regarding the Jail's compliance with the judgment.

On February 1, 2012, Judge Collins noted that while defendants had made substantial progress on the required physical modifications during the first six months following the Court's Order, they had not complied with several significant parts of the Order, including the housing of class members and the implementing of programmatic changes, as indicated in the Monitor's January 2012 report. The parties then resolved many of these issues. After receiving another quarterly report, on August 27, 2012, Judge Collins again noted that there were still key areas of noncompliance with the Order, particularly with regard to the programmatic aspects such as outdoor recreation.

On March 8, 2012, Judge Collins ordered defendants to pay approximately $2.99 million in attorneys' fees and $225,147.52 in litigation expenses. Pierce v. Cnty. of Orange, 905 F. Supp. 2d 1017 (C.D. Cal. 2012).

The injunction was due to expire on June 27, 2013. On June 3, 2013, plaintiffs filed a motion to stay the termination of the injunction and extend injunctive relief for two more years. Plaintiffs claimed that while defendants had made limited progress, the Jail remained largely out of compliance with the Court's Order in key respects, particularly with regard to 1) the classification and booking of class members, 2) the Department's policies and procedures, and 3) physical modifications.

Defendants filed an opposition to plaintiffs' motion, but the parties agreed that briefing should not proceed further until the Monitor issued his Eighth Quarterly Report in July 2013. On August 12, 2013, defendants filed a motion to terminate the injunction under the Prison Litigation Reform Act on the grounds that there were no current and ongoing violations of prisoners' federal rights.

Briefing on the cross-motions to extend and terminate injunctive relief was delayed as a result of a discovery issue regarding inmate medical records and the Health Insurance Portability and Accountability Act. On February 10, 2014, Judge Collins denied plaintiffs' motion to extend injunctive relief and granted defendant's motion to terminate the injunction. Judge Collins held that none of the three areas in which plaintiffs sought to extend the injunction presented current or ongoing violations of prisoners' federal rights.

On August 6, 2014, the District Court (Chief Judge George H. King) ordered that, pursuant to the parties' stipulation, defendant would pay plaintiffs' attorneys $115,000 to fully resolve all remaining fees and costs.

Summary Authors

Timothy Shoffner (6/29/2012)

Samantha Kirby (11/18/2014)

Related Cases

Stewart v. Gates, Central District of California (1975)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5804444/parties/fred-pierce-v-county-of-orange-et/


Judge(s)

Bybee, Jay S. (Nevada)

Collins, Audrey B. (California)

Fletcher, Betty Binns (Washington)

Goldman, Marc L (California)

King, George H. (California)

McKeown, M. Margaret (California)

Taylor, Gary L. (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Baltodano, Hernaldo J. (California)

Herman, Richard P. (California)

Judge(s)

Bybee, Jay S. (Nevada)

Collins, Audrey B. (California)

Fletcher, Betty Binns (Washington)

Goldman, Marc L (California)

King, George H. (California)

McKeown, M. Margaret (California)

Taylor, Gary L. (California)

Wistrich, Andrew J. (California)

Attorneys(s) for Plaintiff

Baltodano, Hernaldo J. (California)

Herman, Richard P. (California)

Keeny, Christy Virginia (California)

Litt, Barrett S. (California)

Miller, Bryan Barnet (California)

Panuco, Cindy (California)

Sainath, Radhika (California)

Stormer, Dan Lewis (California)

Teukolsky, Lauren K. (California)

Attorneys(s) for Defendant

Beach, Paul B (California)

Golden, Jack W. (California)

Harrell, S. Frank (California)

Lawrence, David D. (California)

Li, Haiyang (California)

Phillips, Wendy J. (California)

Roberts, Jason S. (California)

Sprenger, Christina M. (California)

Szu, Raymond (California)

Turner, James L. (California)

Documents in the Clearinghouse

Document

8:01-cv-00981

2:75-cv-03075

05-55829

Docket [PACER]

Pierce v. County of Orange

Sept. 30, 2014

Sept. 30, 2014

Docket
46

8:01-cv-00981

Order Granting Defendants' Motion to Dismiss in Part, Denying Defendants' Motion for a More Definite Statement, and Granting Plaintiffs' Motion to Amend

Aug. 26, 2002

Aug. 26, 2002

Order/Opinion
62

8:01-cv-00981

Civil Minutes - Order Denying Defendants' Motion to Dismiss and Motion for a More Definite Statement

Nov. 26, 2002

Nov. 26, 2002

Order/Opinion
94

8:01-cv-00981

Stipulation to Dismiss "Over-Detention Claims" of All Plaintiffs Except Plaintiff Fred Pierce; Order

March 13, 2003

March 13, 2003

Order/Opinion
126

8:01-cv-00981

Stipulation to Dismiss Plaintiff Fred Pierce's "Over-Detention Claim"; Order

June 23, 2003

June 23, 2003

Order/Opinion
130

8:01-cv-00981

Stipulation to Dismiss Plaintiffs' State Law Causes of Action Against Defendant County of Orange; Order

July 1, 2003

July 1, 2003

Order/Opinion
169

8:01-cv-00981

Order Granting Plaintiffs' Motion for Class Certification

Oct. 15, 2003

Oct. 15, 2003

Order/Opinion
309

8:01-cv-00981

Order on Defendants' Motions

March 1, 2004

March 1, 2004

Order/Opinion
368

8:01-cv-00981

Judgment as to Defendant Carona

May 26, 2004

May 26, 2004

Order/Opinion
376

8:01-cv-00981

Order on Defendant's Motion to Dismiss the Fifth Amended Complaint

June 4, 2004

June 4, 2004

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5804444/fred-pierce-v-county-of-orange-et/

Last updated Nov. 1, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link

MINUTES; Ex parte communication from party representative. The Court has received the attached ex parte letter from a representative of the Orange County Sheriffs Department. The attachments to the letter are not attached to this minute order. Although undoubtedly intended to be helpful, this sort of communication must come through counsel with proper notice to opposing parties. The Court orders all counsel to instruct their clients on the rules for dealing with their cases and ensure that the clients observe those rules. before Judge Gary L. Taylor : Court Reporter: n/a. (jag, ) (Entered: 02/23/2004)

April 25, 2003

April 25, 2003

Ombudsmans memorandum to the Court; Beatings and the Hunger Strike of July 2003. (jag, ) (Entered: 02/23/2004)

July 31, 2003

July 31, 2003

MEMORANDUM regarding Violation of Court Order filed by plaintiffs (jag, ) (Entered: 02/23/2004)

Sept. 26, 2003

Sept. 26, 2003

MEMORANDUM to the Court filed by plaintiffs (jag, ) (Entered: 02/23/2004)

Oct. 1, 2003

Oct. 1, 2003

1

SCHEDULING ORDER, AND ORDER FOR CONSOLIDATION AND REVIEW by Judge Gary L. Taylor. Discovery cutoff 8/5/04; Pretrial conference 11/5/04 at 1:30 p.m. Trial month December 2004 (exact date to be assigned at pretrial conference). On the court's own motion, the court orders that Stewart v. Gates, CV 75-3075, is consolidated with Pierce v. County of Orange, SACV 01-981 GLT(MLGx), for purposes of the December 2004 trial hearing. The court waives normal discovery time limits to permit the parties to agree to any acceleration of discovery that might be appropriate.(twdb, ) (Entered: 03/12/2004)

March 11, 2004

March 11, 2004

PRIOR TO 3/11/04 THIS CASE HAD NO CONTROL NUMBERS.(lm ) (Entered: 03/12/2004)

March 11, 2004

March 11, 2004

2

MINUTES In Chambers ; preparation Status Conferences. By order of 3/11/04 the court sets December 2004 trial on remaining Pierce issues and simultaneous hearing to review existing Stewart orders, preceded by August and September 2004 briefing on designated topics. In order to prepare for the briefing and hearing on the matters, the court sets two additional conferences: On 3/29/04 at 11:00 a.m. the court will conduct a status conference to discuss, and answer any questions about, the scope of the December trial hearing and the briefing to precede it. On 7/26/04, at 11:00 a.m. the court will conduct a status conference with counsel to discuss counsels' preparation for the briefing to be filed shortly thereafter: before Judge Gary L. Taylor : Court Reporter: not present. (twdb, ) (Entered: 03/18/2004)

March 17, 2004

March 17, 2004

3

MINUTES In Chambers; Status Conference. Cause called for hearing. Court and counsel discuss the status of this case and the future briefing. The court sets this matter for trial. Trial set for 11/30/2004 09:00 AM before Honorable Gary L. Taylor. Court Reporter: Deborah Parker. (twdb, ) (Entered: 03/30/2004)

March 29, 2004

March 29, 2004

4

MINUTES In Chambers; Pending over-all review of Stewart Orders. Confirming the clarification stated at the 3/29/04, status conference: the December 2004 hearing will include an over-all review of all existing Stewart orders, rather than simply those Stewart orders that may apply to the Pierce case; before Judge Gary L. Taylor : Court Reporter: none present. (twdb, ) (Entered: 04/05/2004)

April 2, 2004

April 2, 2004

5

MINUTES In Chambers. Status conference. Cause is called for hearing with counsel present. Court and counsel discuss the status of this case and the briefing schedule before Judge Gary L. Taylor :Court Reporter: Deborah Parker. (twdb, ) (Entered: 07/27/2004)

July 26, 2004

July 26, 2004

6

MINUTES [ In Chambers] by Judge Gary L. Taylor, Pretrial Conference advanced to 11/2/2004 01:30 PM before Honorable Gary L. Taylor.Court Reporter: none. (dmjr, ) (Entered: 10/08/2004)

Oct. 8, 2004

Oct. 8, 2004

7

MINUTES OF Final Pretrial Conference held before Judge Gary L. Taylor :, motions in limine to be filed by 11/12/04, oppositions by 11/19/04. Witness statements, amended witness and exhibit lists by 11/23/04, closing arguments by briefingCourt Reporter: D Parker. (dmjr, ) (Entered: 11/09/2004)

Nov. 3, 2004

Nov. 3, 2004

8

MINUTES OF Pretrial Conference held before Judge Gary L. Taylor : The Court allocates 6 days for the trial, with the time divided equally. All motions in limine shall be filed and personally served, faxed, or emailed by the close of business on or before 11/12/04. All oppositions shall be filed and personally served, faxed or emailed by the close of business on or before 11/19/04, whereupon the motions stand submitted. All witness statements (subject to cross-exmaination at time of trial), the trial brief, amended witness and exhibits lists shall be filed with the Court and personally served, faxed or emailed by the close of business on or before 11/23/04. Court Reporter: D Parker. (dmjr, ) (Entered: 12/06/2004)

Nov. 3, 2004

Nov. 3, 2004

Judge Gary L. Taylor added. Judge Consuelo B. Marshall no longer assigned to case. (dmjr, ) (Entered: 11/09/2004)

Nov. 9, 2004

Nov. 9, 2004

13

MINUTES Ruling on Motions in Limine, IN CHAMBERS ORDER by Judge Gary L. Taylor : Court Reporter: not present. (twdb, ) (Entered: 12/14/2004)

Nov. 22, 2004

Nov. 22, 2004

9

MINUTES Court Trial (1st day )held before Judge Gary L. Taylor : Opening statements made by each side. Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Motion of plaintiff to strike defendants trial brief is ORDERED DENIED. Plaintiffs' due process objection (filed 11/24/04) to allotted time for trial is DENIED. The court orders subpoenaed witnesses Pierpont, Palacios, Carisma and Lee be placed on call to counsel for the defendants and are ordered to return upon notice from counsel. Case continued for further jury deliberations Bench Trial set for 12/1/2004 09:00 AM before Honorable Gary L. Taylor.Court Reporter:

Nov. 30, 2004

Nov. 30, 2004

11

MINUTES Court Trial (3rd day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Case continued for further trial. Bench Trial set for 12/3/2004 08:00 AM before Honorable Gary L. Taylor.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/08/2004)

Dec. 2, 2004

Dec. 2, 2004

12

MINUTES Court Trial (4th day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Plaintiffs rest subject to court considering excerpts of deposition testimony. Defendant reserves right to make a motion upon the court's consideration of the excerpts of testimony. Case continued for further trial. Bench Trial set for 12/7/2004 09:00 AM before Honorable Gary L. Taylor.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/08/2004)

Dec. 3, 2004

Dec. 3, 2004

18

MINUTES Court Trial (5th day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Motion of defendant for judgment as matter of law is DENIED. Case continued to 12/8/04 at 9:00 a.m. for further trial.Court Reporter: Deborah Parker/John Turman. (twdb, ) (Entered: 12/16/2004)

Dec. 7, 2004

Dec. 7, 2004

19

MINUTES Court Trial (6th day )held before Judge Gary L. Taylor : Witnesses called, sworn and testified. Exhibits identified. Exhibits admitted. Defendant rests. By stipulation of the parties, the closing arguments shall be by briefs. Plaintiffs' brief shall be filed and personally served, faxed or emailed on opposing counsel on or before 12/17/04. Defendant's brief shall be filed and personally served, faxed or emailed on opposing counsel on or before 1/7/05. Plaintiffs' closing brief shall be filed and personally served, faxed or emailed on opposing counsel on or before 1/18/05 whereupon the matter stands submitted. Submitted.Court Reporter: Deborah Parker. (twdb, ) (Entered: 12/16/2004)

Dec. 8, 2004

Dec. 8, 2004

15

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/1/04, 7/26/04 Court Reporter: Deborah Parker. (ghap, ) (Entered: 12/15/2004)

Dec. 10, 2004

Dec. 10, 2004

16

TRANSCRIPT filed for proceedings held on 11/1/04. Court Reporter: Deborah Parker. (ghap, ) (Entered: 12/15/2004)

Dec. 10, 2004

Dec. 10, 2004

17

TRANSCRIPT filed for proceedings held on 7/26/04. Court Reporter: Deborah Parker. (ghap, ) (Entered: 12/15/2004)

Dec. 10, 2004

Dec. 10, 2004

14

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 12/8/04 Court Reporter: Katherine Stride. (ghap, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

20

ORDER VACATING EARLIER ORDERS AND DISMISSING CASE by Judge Gary L. Taylor: The Stewart orders are VACATED. This case is DISMISSED. (see document for further details)(mu, ) (Entered: 04/27/2005)

April 27, 2005

April 27, 2005

21

LIST OF EXHIBITS AND WITNESSES at trial. (ca, ) (Entered: 04/29/2005)

April 27, 2005

April 27, 2005

22

RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on Joint exhibits list are returned to counsel for respective party(ies) Except the following exhibits: (none listed). (mu, ) (Entered: 05/11/2005)

May 10, 2005

May 10, 2005

24

REPRESENTATION STATEMENT re Appeal to Circuit Court, [23]. (ghap, ) (Entered: 05/31/2005)

May 26, 2005

May 26, 2005

Civil Appeals Docketing Statement received from plaintiffs Jerry E Stewart, Fred Pierce, Timothy Lee Conn, Fermin Valenzuela, Laurie D. Ellerston forwarded to 9th CCA. RE: Appeal to Circuit Court, [23]. (ghap, ) (Entered: 05/31/2005)

May 26, 2005

May 26, 2005

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, [23]. (ghap, ) (Entered: 06/01/2005)

June 1, 2005

June 1, 2005

25

TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/30/04, 12/01/04, 12/02/04 (afternoon only), 12/03/04, 12/07/04, 12/08/04 (morning only), 11/03/04, 11/01/04, 3/5/05, 7/30/04, 11/01/01, 12/02/04, CR: D. Parker; Court Reporter: 12/08/04, CR: K. Stride ; 12/07/04k, CR: J. Turman; Court of Appeals Case Number: 05-55845; Re: Appeal to Circuit Court, [23], Transcript[16] (fvap, ) (Entered: 06/22/2005)

June 21, 2005

June 21, 2005

26

NOTIFICATION by Circuit Court of Appellate Docket Number 05-55845, 9th CCA regarding Appeal to Circuit Court, [23] filed by Jerry E Stewart,. (nm, ) (Entered: 06/27/2005)

June 27, 2005

June 27, 2005

27

RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 3/29/04, 11/30/04, 12/1/04, 12/2/04, 12/3/04, 12/7/04, 12/8/04 regarding Transcript [589], Transcript [590], Transcript [591], Transcript [592], Transcript [586], Transcript [587], Transcript [588]. Court Reporter: Deborah D Parker. (mu, ) (SACV 01-981 GLT) (fvap (fvap, ) (Entered: 08/02/2005)

July 21, 2005

July 21, 2005

28

ORDER from 9th CCA filed as to Appeal to Circuit Court [23] filed by Jerry E Stewart, CCA # 05-55845. Order received in this district on 11/16/2005. The appellees motion for an extension of time in which to file the answering briefs is granted. The answering briefs are due 2/13/2006. The optional reply briefs are due 14 days after service of the latter-served answering brief. (jp, ) (Entered: 11/18/2005)

Nov. 14, 2005

Nov. 14, 2005

752

FINDINGS OF FACT AND CONCLUSIONS OF LAW signed by Judge Audrey B. Collins. (ir)

Jan. 7, 2011

Jan. 7, 2011

RECAP
780

JUDGMENT by Judge Audrey B. Collins: This matter came on for trial before the Court on February 9, 2010; the Honorable Audrey B. Collins, District Court Judge presiding. The parties have submitted post-trial briefing and objections. The evidence has been considered, the issues have been heard, and the objections have been ruled upon. Defendant has submitted its Final Proposed Plan, which the Court has reviewed. IT IS HEREBY ADJUDGED that the Court accepts Defendant's Final Proposed Plan, that Plaintiffs are the prevailing party, and that judgment be entered in favor of Plaintiffs. (MD JS-6, Case Terminated). (bm)

June 28, 2011

June 28, 2011

RECAP
857

ORDER ON THE PARTIES' JOINT DISCOVERY STIPULATION AND PROTECTIVE ORDER by Magistrate Judge Andrew J. Wistrich re Miscellaneous Document, 856 . See document for details. (yb)

Nov. 4, 2013

Nov. 4, 2013

RECAP
921

ORDER ON ISSUE OF ATTORNEYS' FEES AND COSTS AND FURTHER STATUS REPORT TO THE COURT by Chief Judge George H. King. IT IS HEREBY ORDERED THAT: Defendant shall pay to Plaintiffs' counsel the sum of $115,000.00 as full and final resolution of all claims for attorneys' fees and costs remaining in this litigation in accordance with the r terms of the Settlement Agreement and General Release entered into by the parties on June 25, 2014. The parties shall file a further Status Report on or before September 30, 2014, to advise the Court of the completion of the terms of the agreement. Re: Stipulation for Attorney Fees 920 (lw)

Aug. 6, 2014

Aug. 6, 2014

RECAP

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 18, 2001

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All pre-trial detainees held in Orange County jails after October 21, 2001, who were denied various rights under Stewart v. Gates and the ADA.

Plaintiff Type(s):

State Plaintiff

Attorney Organizations:

Hadsell, Stormer & Renick

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Orange County (Orange), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: Over $3m in attorneys fee

Order Duration: 2011 - 2014

Content of Injunction:

Reasonable Accommodation

Monitor/Master

Issues

General:

Access to public accommodations - governmental

Barrier Removal

Bathrooms

Buildings

Classification / placement

Conditions of confinement

Food service / nutrition / hydration

Over/Unlawful Detention

Phone

Reasonable Accommodations

Reasonable Modifications

Records Disclosure

Recreation / Exercise

Religious programs / policies

Totality of conditions

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run