Case: Nick O. v. Terhune

2:89-cv-00755 | U.S. District Court for the Eastern District of California

Filed Date: May 25, 1989

Closed Date: 2001

Clearinghouse coding complete

Case Summary

On May 25, 1989, a youth confined at the Northern Reception Center Clinic (NRCC) of the California Youth Authority (CYA) filed a class action lawsuit against the NRCC and the CYA pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), the Rehabilitation Act of 1973, and the due process and equal protection clauses of the Fourteenth Amendment. The class consisted of all current and future residents of the NRCC who are educationally handicapped and who are in need of special ed…

On May 25, 1989, a youth confined at the Northern Reception Center Clinic (NRCC) of the California Youth Authority (CYA) filed a class action lawsuit against the NRCC and the CYA pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), the Rehabilitation Act of 1973, and the due process and equal protection clauses of the Fourteenth Amendment. The class consisted of all current and future residents of the NRCC who are educationally handicapped and who are in need of special education and related services. At least 25% of the population at NRCC fell into this class. The class, represented by the Youth Law Center and private counsel, specifically alleged that defendants routinely failed to identify and assess special education needs and develop individual educational plans for youth confined at their facilities. Plaintiff sought declaratory and injunctive relief.

On February 15, 1990, the parties filed a stipulation and order with the United States District Court for the Eastern District of California. Defendants agreed to provide class members with free public education that included special education and related services. Related services included speech and hearing services, physical and occupational therapy, and psychological and counseling services. Defendants also agreed to implement policies and procedures to promptly identify and assess the educational needs of the youth confined at the NRCC facility and to develop and individual education program for all class members. The parties agreed that the settlement would be in effect for three years, and that monitors would evaluate defendants' compliance with the agreement.

On May 7, 1990, the district court (Judge Samuel P. King) entered a final judgment incorporating the terms of the stipulation and agreement. The court maintained jurisdiction to award attorneys fees and costs and to monitor and enforce the terms of the stipulation and order. The agreement continued to be extended until July 11, 2000, and the docket continued to May 21, 2001 with the settlement of attorneys' fees and costs approved and the case dismissed.

Summary Authors

Emilee Baker (5/18/2006)

People


Judge(s)

Burrell, Garland Ellis Jr. (California)

King, Samuel Pailthorpe (Hawaii)

Attorney for Plaintiff
Attorney for Defendant

Ching, James (California)

Doyle, Dan C. (California)

Iglehart, Richard B. (California)

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Documents in the Clearinghouse

Document

2:89-cv-00755

Docket [PACER]

May 21, 2001

May 21, 2001

Docket

2:89-cv-00755

Complaint Class Action

May 25, 1989

May 25, 1989

Complaint

2:89-cv-00755

[Decree]

Feb. 15, 1990

Feb. 15, 1990

Settlement Agreement

2:89-cv-00755

Stipulation and Order

Feb. 15, 1990

Feb. 15, 1990

Order/Opinion

2:89-cv-00755

Notice of Proposed Settlement of Class Action Lawsuit and Opportunity to Present Objections

Feb. 15, 1990

Feb. 15, 1990

Notice Letter

2:89-cv-00755

Aviso de Acuerdo Propuesto de Demanda de Accion Clasista, y Opportunidad Para Presentar Objeciones

Feb. 15, 1990

Feb. 15, 1990

Notice Letter

2:89-cv-00755

Judgment

May 7, 1990

May 7, 1990

Order/Opinion

[California Legislative History]

No Court

May 14, 2001

May 14, 2001

Press Release

Docket

Last updated Feb. 23, 2024, 4:43 a.m.

ECF Number Description Date Link Date / Link

LODGED stipulation and order to extend period of court supervision (old) (Entered: 06/17/1993)

May 26, 1993

May 26, 1993

31

STIPULATION and ORDER by Judge Garland E Burrell GRANTING lodged stipulation to extend period of court supervision [0-0]; ORDERING: pursuant to paragraph 37 of the stipulation and order filed 2/15/90 the terms of that stipulation are CONTINUED AND EXTENDED for for an additional period of 3 years to 5/7/96; paragraph 30 of same stipulation and order MODIFIED to read " the total reimbursement for time and expenses of pltfs' compliance evaluators shall not exceed $30,000.00 in any 12 month monitoring period, and compensation for their time shall not exceed $450.00 per day per person"; in all other respects the stipulation is to remain in effect w/o modification (cc: all counsel) (old) Modified on 06/17/1993 (Entered: 06/17/1993)

June 17, 1993

June 17, 1993

3

STIPULATION AND ORDER TO EXTEND PERIOD OF COURT SUPERVISION by Judge Garland E Burrell ORDERING: final judgment was entered in this matter on 5/7/90; on the stipulation of counsel to the parties and pursuant to the Order of this court on 5/26/93 the date on which this judgment was to expire was 5/7/96; the parties to this action are in agreement pursuant to paragraph 37 that the stipulation and order of 2/15/90 should be continued and extended until 12/7/97; the parties are also in agreement that paragraph 30 of the stipulation and order should be modified to read: the total reimbursement for time and expenses of pltfs compliance evaluators shall not exceed $32,500.00 for the period of 6/30/95 to 12/7/96 and an additional $32,500.00 for the period of 12/8/96 to 12/7/97; compensation for their time shall not exceed $450.00 per day per person; in all respects the judgment and the stipulation and order is to remain in effect without modification (cc: all counsel) (old) (Entered: 04/04/1996)

April 4, 1996

April 4, 1996

LODGED Ex parte motion for temporary restraining order and garnting of third party intervener status by plaintiffs (kb) (Entered: 03/24/1997)

March 24, 1997

March 24, 1997

LODGED stipulation and order to extend period of court supervision by plaintiffs and defendants (old) (Entered: 12/08/1997)

Dec. 4, 1997

Dec. 4, 1997

5

STIPULATION AND ORDER by Judge Garland E. Burrell extending period of Court Supervision to 4/1/98 (cc: all counsel) (old) (Entered: 12/10/1997)

Dec. 10, 1997

Dec. 10, 1997

LODGED stipulation and order to extend period of court supervision (old) (Entered: 04/03/1998)

April 1, 1998

April 1, 1998

6

STIPULATION AND ORDER by Judge Garland E. Burrell ordering that the stipulation and order of 2/15/90 should be continued and extended until 6/30/98; in all other respects the judgment and the stipulation and order is to remain in effect without modification (cc: all counsel) (dd) (Entered: 04/07/1998)

April 7, 1998

April 7, 1998

LODGED stipulation and proposed order to extend period of court supervision (dd) (Entered: 07/01/1998)

June 30, 1998

June 30, 1998

7

ORDER by Judge Garland E. Burrell ORDERING lodged stipulation and order to extend period of court supervision GRANTED (cc: all counsel) (old) (Entered: 07/02/1998)

July 2, 1998

July 2, 1998

LODGED stipulation and order to extend period of court supervision by plaintiffs Nick O and Jane O (old) (Entered: 01/26/1999)

Jan. 21, 1999

Jan. 21, 1999

8

STIPULATION AND ORDER by Judge Garland E. Burrell extending the period of court supervision to 7/1/99 (cc: all counsel) (dd) (Entered: 02/01/1999)

Feb. 1, 1999

Feb. 1, 1999

LODGED stipulation and order to extend period of Court supervision (old) (Entered: 06/25/1999)

June 24, 1999

June 24, 1999

9

STIPULATION AND ORDER by Judge Garland E. Burrell ORDERING the parties are in agreement , pursuant to the stipulation and Order 2/15/90, as modified by subsequent orders of this Court, Court supervision should be continued and extended until 6/30/00; see order for more info (cc: all counsel) (old) (Entered: 06/29/1999)

June 29, 1999

June 29, 1999

10

NOTICE of change of address of attorney for plaintiff to 114 Sansome Street, San Francisco, CA 94104 (old) (Entered: 12/06/1999)

Dec. 3, 1999

Dec. 3, 1999

LODGED Stipulation and Order to extend period of court supervision by dfts Cal A Terhune and Richard Tillson (old) (Entered: 06/30/2000)

June 29, 2000

June 29, 2000

12

NOTICE by Nick O, Jane O of change of address to 417 Montgomery Street, Suite 900, San Francisco, CA 94104 (old) (Entered: 07/11/2000)

July 10, 2000

July 10, 2000

11

STIPULATION AND ORDER by Judge Garland E. Burrell granting an extension to the period of Court Supervision (cc: all counsel) (old) (Entered: 07/11/2000)

July 11, 2000

July 11, 2000

13

NOTICE by plaintiffs Nick O and Jane O of association of attorney Richard M Pearl (old) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

LODGED stip and order of court re time for pltf to file motion for award of reasonable attys' fees and costs by plaintiffs (old) (Entered: 02/26/2001)

Feb. 23, 2001

Feb. 23, 2001

14

STIPULATION AND ORDER by Judge Garland E. Burrell: pltf's may have until 4/2/01 to file any motion for an award of reasonable attorneys' fees and costs that they may wish to present in this matter (cc: all counsel) (old) (Entered: 02/26/2001)

Feb. 26, 2001

Feb. 26, 2001

15

MAIL returned Stipulation and Order [14-1] addressed to Loren M Warboys counsel for plaintiff Nick O (pb) (Entered: 03/05/2001)

March 5, 2001

March 5, 2001

16

NOTICE by plaintiffs' counsel's change of address to Fifth St Berkeley CA 94710 (kdc) (Entered: 03/23/2001)

March 22, 2001

March 22, 2001

LODGED further stip and order of court re time for pltfs to file motion for award of reasonable attorneys' fees and costs (old) (Entered: 03/29/2001)

March 28, 2001

March 28, 2001

17

ORDER by Judge Garland E. Burrell ORDERING that pltf may have until 05/02/01 to file any motion for an award of reasonable attorneys' fees and costs that they may wish to present in this matter (cc: all counsel) (ar) Modified on 03/29/2001 (Entered: 03/29/2001)

March 29, 2001

March 29, 2001

18

MAIL returned [17-1] addressed to Loren Warboys; forwarding address expired (kdc) (Entered: 04/09/2001)

April 6, 2001

April 6, 2001

19

LETTER to court from counsel for defendants that the matter is now closed (ndd) (Entered: 04/18/2001)

April 17, 2001

April 17, 2001

LODGED Further Stipulation and Order of Court re time for plaintiffs to file Motion for Award of Reasonable Attorneys' Fees and Costs by plaintiffs, defendants (mm1) (Entered: 05/03/2001)

May 2, 2001

May 2, 2001

20

STIPULATION AND ORDER by Judge Garland E. Burrell: motion filing ddl SET for 6/2/01 for pltfs to file any motion for award of reasonable attorneys' fees and costs (cc: all counsel) (old) (Entered: 05/04/2001)

May 4, 2001

May 4, 2001

LODGED stipulated agreement for award of reasonable attorneys' fees and costs by defendants (old) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

LODGED stipulated agreement for award of reasonable attorneys' fees and costs by defendants Cal A Terhune, and Richard Tillson (bd) (Entered: 05/14/2001)

May 11, 2001

May 11, 2001

21

MAIL returned addressed to plaintiff's Jane O atty of record (Loren M Warboys) (lm) (Entered: 05/15/2001)

May 14, 2001

May 14, 2001

22

ORDER by Judge Garland E. Burrell ORDERING the stipulated settlement of attorneys fees and costs APPROVED CASE DISMISSED (cc: all counsel) (kdc) (Entered: 05/17/2001)

May 17, 2001

May 17, 2001

23

MAIL returned [22-1], [22-2] addressed to Loren Warboys (kdc) (Entered: 05/22/2001)

May 21, 2001

May 21, 2001

Case Details

State / Territory: California

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 25, 1989

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current and future residents of the Northern Reception Center Clinic who are educationally handicapped and who are in need of special education and related services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

California Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Order Duration: 1990 - 2000

Issues

General:

Counseling

Education

Individualized planning

Disability and Disability Rights:

Special education

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Sex or Gender:

Male

Type of Facility:

Government-run