Case: Batchelder v. Geary

5:71-cv-02017 | U.S. District Court for the Northern District of California

Filed Date: Oct. 20, 1971

Closed Date: 2010

Clearinghouse coding complete

Case Summary

On October 20, 1971, inmates in the Santa Clara County Jail filed a civil rights lawsuit in the U.S. District Court for the Northern District of California, challenging the conditions of confinement at the Santa Clara County Jails. Due to the age of this case, our information on the procedural history is limited.On April 13, 1973 District Court Judge Robert Francis Peckham issued a preliminary injunction against the County, finding that inmates were being denied adequate access to the courts a…

On October 20, 1971, inmates in the Santa Clara County Jail filed a civil rights lawsuit in the U.S. District Court for the Northern District of California, challenging the conditions of confinement at the Santa Clara County Jails. Due to the age of this case, our information on the procedural history is limited.

On April 13, 1973 District Court Judge Robert Francis Peckham issued a preliminary injunction against the County, finding that inmates were being denied adequate access to the courts and procedural guarantees in the disciplinary system. The Court ordered the parties to submit remedial plans to correct the deficiencies. The parties submitted plans and the District Court entered two consent decrees: (1) the "Access to the Courts Decree," which required the County to establish a law library for inmates; and (2) the "Amended Disciplinary Procedures Decree," which required the County to create a written code of rules and procedures to govern the imposition of in-jail disciplinary offenses.

In 1987, the Santa Clara County Department of Corrections began operating the County's jail system. It closed the jail libraries in 2003 and contracted with Legal Research Associates ("LRA") to serve inmates' legal research needs. Throughout the period of 1973 to 2005 both Decrees remained in effect.

The County then moved to terminate the Decrees under the Prison Litigation Reform Act (PLRA), 18 U.S.C. § 3626(b). On November 15, 2005, the District Court (District Judge Ronald M. Whyte) terminated the Access to the Courts Decree and the Amended Disciplinary Procedures Decree in its entirety except to the extent that it entitled inmates to a written statement of the evidence upon which the disciplinary panel relied. On August 30, 2006 the Court issued an order leaving in effect the Amended Disciplinary Procedures Decree's written statement clause, but advised the County it could move to terminate that provision in one year, upon a showing that they were in full compliance with the written statement requirement. A final judgment, which restated the Court's orders regarding termination, was entered on March 6, 2007. The judgment order also allowed plaintiff's counsel to seek attorney's fees. Plaintiffs appealed.

On November 3, 2009, the Ninth Circuit (Circuit Judges Ferdinand Francis Fernandez and Sidney Runyan Thomas and Senior District Judge Ann Aldrich sitting by designation) dismissed the appeal for lack of juridiction because it was untimely. On January 5, 2010, the Ninth Circuit panel denied Plaintiffs' motions for rehearing and rehearing in banc.

There was no further activity in the district court, and the case is now closed.

Summary Authors

Timothy Shoffner (6/18/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5764781/parties/batchelder-v-geary/


Judge(s)

Aldrich, Ann (Ohio)

Attorney for Plaintiff

Baines, Robert A. (California)

Faulkner, William (California)

Attorney for Defendant

Berkman, Marcy L. (California)

Carr, Brian L. (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document

5:71-cv-02017

Docket [PACER]

June 15, 2007

June 15, 2007

Docket

07-15788

Docket [PACER - 9th Cir.]

U.S. Court of Appeals for the Ninth Circuit

March 16, 2008

March 16, 2008

Docket
355

5:71-cv-02017

Order on Motions to Terminate Consent Decrees

Nov. 15, 2005

Nov. 15, 2005

Order/Opinion
389

5:71-cv-02017

Order on the Amended Disciplinary Procedures Decrees Written Statement Requirement and Remedy for Contempt

Aug. 30, 2006

Aug. 30, 2006

Order/Opinion
390

5:71-cv-02017

Judgment Terminating Access to the Court's Decree and Terminating in Part Amended Disciplinary Procedures Decree

March 8, 2007

March 8, 2007

Order/Opinion

07-15788

Appellants' Opening Brief

U.S. Court of Appeals for the Ninth Circuit

Nov. 5, 2007

Nov. 5, 2007

Pleading / Motion / Brief
80-1

07-15788

Order Dismissing Appeal for Lack of Jurisdiction

U.S. Court of Appeals for the Ninth Circuit

Nov. 3, 2009

Nov. 3, 2009

Order/Opinion

352 Fed.Appx. 352

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5764781/batchelder-v-geary/

Last updated Feb. 9, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT No Process Fee status ifp [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/11/1996)

Oct. 20, 1971

Oct. 20, 1971

124

STIPULATION and ORDER by Senior Judge Robert F. Peckham : dismissing case (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/11/1996)

June 3, 1975

June 3, 1975

128

NOTICE OF MOTION AND MOTION by defendant James M. Geary to vacate consent decrees and court orders [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/11/1996)

Oct. 2, 1996

Oct. 2, 1996

129

ORDER by Assignment Committee Case reassigned to Judge James Ware ( Date Entered: 10/11/96) (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/11/1996)

Oct. 11, 1996

Oct. 11, 1996

130

PROOF OF SERVICE by defendant James M. Geary of motion to vacate consent decrees and court orders [128−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/16/1996)

Oct. 16, 1996

Oct. 16, 1996

131

STIPULATION and ORDER by Judge James Ware : setting hearing on motion to vacate consent decrees and court orders [128−1] 9:00 2/3/97; Opposition filed by 1/13/97; reply filed by 1/20/97. (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/29/1996)

Oct. 29, 1996

Oct. 29, 1996

132

MEMORANDUM by Plaintiff Eugene Batchelder in opposition to motion to vacate consent decrees and court orders [128−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

133

DECLARATION by A. T. Vasquez on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

134

DECLARATION by A. Little on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF)

Jan. 13, 1997

Jan. 13, 1997

136

DECLARATION by J. Ramirez on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

137

DECLARATION by M. A. McCord on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

138

DECLARATION by R. Womack Jr., on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

139

DECLARATION by J. Burns on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

140

DECLARATION by J. Gomez on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

141

DECLARATION by S. Percelle on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

142

DECLARATION by S. Kirchick on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

143

DECLARATION by M. Millen on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

144

DECLARATION by P. Fox on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

145

DECLARATION by G. V. Zanten on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

146

DECLARATION by B. Hamilton on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

147

DECLARATION by D. M. McRae on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

148

DECLARATION by S. Yim on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

149

DECLARATION by C. Gartner on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

150

DECLARATION by C. A. Burdick on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

151

DECLARATION by J. Tait on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

153

DECLARATION by E. Chaidez on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

154

DECLARATION by R. Carrasco on behalf of Plaintiff Eugene Batchelder re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

155

NOTICE by Plaintiff Eugene Batchelder of claim [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

156

PROOF OF SERVICE by Plaintiff Eugene Batchelder of opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/14/1997)

Jan. 13, 1997

Jan. 13, 1997

157

STIPULATION and ORDER by Judge James Ware : setting hearing on motion to vacate consent decrees and court orders [128−1] 9:00 4/28/97 (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 01/16/1997)

Jan. 15, 1997

Jan. 15, 1997

158

STIPULATION and ORDER by Judge James Ware : setting hearing on motion to vacate consent decrees and court orders [128−1] 9:00 5/12/97 (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 02/26/1997)

Feb. 25, 1997

Feb. 25, 1997

159

REPLY by defendant James M. Geary re opposition memorandum [132−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

160

DECLARATION by Captain Virgil King on behalf of defendant James M. Geary [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

161

DECLARATION by Captain Robert Bravo on behalf of defendant James M. Geary [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

162

DECLARATION by J. Durante on behalf of defendant James M. Geary re motion to vacate consent decrees and court orders [128−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

163

DECLARATION by S. M. Woodside on behalf of defendant James M. Geary re motion to vacate consent decrees and court orders [128−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

164

DECLARATION by R. Conroy on behalf of defendant James M. Geary [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/18/1997)

April 18, 1997

April 18, 1997

165

PROOF OF SERVICE by defendant James M. Geary of reply [159−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/24/1997)

April 21, 1997

April 21, 1997

166

STIPULATION and ORDER by Judge James Ware : setting hearing on motion to vacate consent decrees and court orders [128−1] 9:00 9/8/97; Notice of Intervention brief filed by 5/16/97; opposition filed by 6/30/97; reply filed by 7/28/97. (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 05/09/1997)

May 9, 1997

May 9, 1997

167

STIPULATION and ORDER by Judge James Ware : (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 05/16/1997)

May 14, 1997

May 14, 1997

168

EX−PARTE APPLICATION to intervene concerning the constitutionality of challenged provisions of the prison litigation reform act [5:71−cv−02017] (cv, COURT STAFF) (Entered: 05/16/1997)

May 15, 1997

May 15, 1997

169

MEMORANDUM by Intervenor USA motion to intervene concerning the constitutionality of challenged provisions of the prison litigation reform act [168−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 05/16/1997)

May 16, 1997

May 16, 1997

170

ORDER by Judge James Ware granting motion to intervene concerning the constitutionality of challenged provisions of the prison litigation reform act [168−1] ( Date Entered: 5/16/97) (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 05/16/1997)

May 16, 1997

May 16, 1997

172

REPLY by defendant James M. Geary re opposition memorandum [171−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 07/24/1997)

July 23, 1997

July 23, 1997

173

REPLY by Intervenor USA re opposition memorandum [171−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 07/28/1997)

July 28, 1997

July 28, 1997

174

NOTICE by Intervenor USA of recent decision [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/13/1997)

Aug. 13, 1997

Aug. 13, 1997

175

NOTICE by Plaintiff Eugene Batchelder of statement of recent decision [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/28/1997)

Aug. 28, 1997

Aug. 28, 1997

176

NOTICE by Intervenor USA of recent decision [5:71−cv−02017] (cm, COURT STAFF) (Entered: 09/02/1997)

Sept. 2, 1997

Sept. 2, 1997

177

ORDER by Judge James Ware setting hearing on motion to vacate consent decrees and court orders [128−1] 3:00 10/9/97 ( Date Entered: 9/11/97) (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 09/11/1997)

Sept. 11, 1997

Sept. 11, 1997

178

ORDER by Judge James Ware recusing and requesting that case be reassigned. ( Date Entered: 10/1/97) (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/01/1997)

Oct. 1, 1997

Oct. 1, 1997

179

ORDER by Assignment Committee Case reassigned to Mag. Judge Edward A. Infante ( Date Entered: 10/8/97) (cc: all counsel) [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/08/1997)

Oct. 8, 1997

Oct. 8, 1997

181

MAIL [179−2] returned from Post Office addressed to Douglas J. Sorenson [5:71−cv−02017] (cm, COURT STAFF) (Entered: 10/20/1997)

Oct. 14, 1997

Oct. 14, 1997

180

MAIL [179−2] addressed to Plaintiff returned from Post Office [5:71−cv−02017] (cm, COURT STAFF) (Entered: 10/20/1997)

Oct. 15, 1997

Oct. 15, 1997

182

ORDER by Mag. Judge Edward A. Infante recusing ( Date Entered: 10/20/97) (cc: all counsel) [5:71−cv−02017] (cm, COURT STAFF) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

183

ORDER by Assignment Committee re [182−2] to reassign to Judge Ronald M. Whyte ( Date Entered: 11/3/97) (cc: all counsel) [5:71−cv−02017] (cm, COURT STAFF) (Entered: 11/03/1997)

Oct. 23, 1997

Oct. 23, 1997

184

NOTICE by Intervenor USA of recent decision [5:71−cv−02017] (cv, COURT STAFF) (Entered: 11/19/1997)

Nov. 19, 1997

Nov. 19, 1997

185

NOTICE by Intervenor USA of recent decision [5:71−cv−02017] (cv, COURT STAFF) (Entered: 12/04/1997)

Dec. 4, 1997

Dec. 4, 1997

186

NOTICE by Intervenor USA of amendments [5:71−cv−02017] (cv, COURT STAFF) (Entered: 12/11/1997)

Dec. 11, 1997

Dec. 11, 1997

187

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by defendant James M. Geary to vacate consent decrees &court orders with Notice set for 8/21/98 at 9:00 [5:71−cv−02017] (cv, COURT STAFF) (Entered: 04/01/1998)

April 1, 1998

April 1, 1998

188

NOTICE by Intervenor USA of recent decision [5:71−cv−02017] (cv, COURT STAFF) (Entered: 05/07/1998)

May 7, 1998

May 7, 1998

189

NOTICE by Plaintiff Eugene Batchelder of recent decision [5:71−cv−02017] (cv, COURT STAFF) (Entered: 05/07/1998)

May 7, 1998

May 7, 1998

190

ORDER by Judge Ronald M. Whyte setting hearing on motion to vacate consent decrees &court orders [187−1] 9/18/98 ( Date Entered: 7/24/98) (cc: all counsel) [5:71−cv−02017] (gm, COURT STAFF) (Entered: 07/24/1998)

July 22, 1998

July 22, 1998

191

SUPPLEMENTAL MEMORANDUM by Intervenor USA concerning the constitutionality of challenged provisions of the prison litigation reform act

Aug. 13, 1998

Aug. 13, 1998

193

MOTION with memorandum in support before Judge Ronald M. Whyte by defendant to modify consent decrees with Notice set for 9/18/98 at 9:00 [5:71−cv−02017] (gm, COURT STAFF) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

194

DECLARATION by Robert Conroy on behalf of defendant [5:71−cv−02017] (gm, COURT STAFF) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

195

DECLARATION by Captain Virgil King on behalf of defendant [5:71−cv−02017] (gm, COURT STAFF) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

196

DECLARATION by Captain Robert Bravo on behalf of defendant [5:71−cv−02017] (gm, COURT STAFF) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

197

PROOF OF SERVICE by defendant of declaration [196−1], declaration [195−1], declaration [194−1], motion to modify consent decrees [193−1], join/joinder [192−1] [5:71−cv−02017] (gm, COURT STAFF) (Entered: 08/14/1998)

Aug. 13, 1998

Aug. 13, 1998

198

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion to modify consent decrees [193−1] 9:00 9/18/98; opposition due 10/23/98; reply 11/6/98 (cc: all counsel) [5:71−cv−02017] (gm, COURT STAFF) (Entered: 08/25/1998)

Aug. 24, 1998

Aug. 24, 1998

199

SUPPLEMENTAL MEMORANDUM by Plaintiff in opposition to motion to vacate consent decrees &court orders [187−1] [5:71−cv−02017] (gm, COURT STAFF) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

RECEIVED Proposed Order to continue hearing ( Plaintiff) [5:71−cv−02017] (gm, COURT STAFF) (Entered: 11/02/1998)

Oct. 29, 1998

Oct. 29, 1998

200

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion to modify consent decrees [193−1] 9:00 3/26/99 (cc: all counsel) [5:71−cv−02017] (gm, COURT STAFF) (Entered: 11/25/1998)

Nov. 24, 1998

Nov. 24, 1998

201

NOTICE by defendant withdrawing motion to modify consent decrees [193−1] [5:71−cv−02017] (gm, COURT STAFF) (Entered: 03/18/1999)

March 16, 1999

March 16, 1999

202

EX−PARTE APPLICATION before Judge Ronald M. Whyte by Plaintiff Eugene Batchelder application , Order to show cause re: contempt for violation of court order. [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

203

MEMORANDUM by Plaintiff Eugene Batchelder in support of motion application [202−1], of motion Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

204

DECLARATION by R. Reyes on behalf of Plaintiff Eugene Batchelder re motion application [202−1], re motion Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

205

DECLARATION by J. Zahradka on behalf of Plaintiff Eugene Batchelder re motion application [202−1], re motion Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

RECEIVED proposed order submitted by Plaintiff Eugene Batchelder re: [202−1] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

206

PROOF OF SERVICE by Plaintiff Eugene Batchelder of document received [0−0], declaration [205−1], declaration [204−1], memorandum [203−1], motion application [202−1], motion Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 08/13/2004)

Aug. 12, 2004

Aug. 12, 2004

208

NOTICE by Plaintiff [207−1] of entry of order to show cause [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 09/30/2004)

Sept. 29, 2004

Sept. 29, 2004

209

PROOF OF SERVICE by Plaintiff of notice [208−1] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 09/30/2004)

Sept. 29, 2004

Sept. 29, 2004

RECEIVED stip &order to cont hearing on order to show cause re: contempt for violation of court order. submitted by Plaintiff Eugene Batchelder [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/05/2004)

Oct. 4, 2004

Oct. 4, 2004

210

PROOF OF SERVICE by Plaintiff Eugene Batchelder of document received [0−0] [5:71−cv−02017] (cv, COURT STAFF) (Entered: 10/05/2004)

Oct. 4, 2004

Oct. 4, 2004

211

STIPULATION and ORDER by Judge Ronald M. Whyte : Order to Show Cause hearing continued to 9:00 11/12/04 ; (cc: all counsel) [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 10/07/2004)

Oct. 6, 2004

Oct. 6, 2004

212

NOTICE by Plaintiff [211−2] of entry of order [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

213

PROOF OF SERVICE by Plaintiff of notice [212−1] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 10/14/2004)

Oct. 14, 2004

Oct. 14, 2004

214

RESPONSE by Respondent County of Santa to order to show cause [207−1] re: Contempt for Violation of Court Order. [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

215

AFFIDAVIT of Linda Deacon in support of response to order to show cause re: contempt [214−1] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

216

AFFIDAVIT of Richard L. Williams in support of response to order to show cause re: contempt [214−1] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

217

AFFIDAVIT of Toby K. Wong in support of response to order to show cause re: contempt [214−1] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 10/22/2004)

Oct. 21, 2004

Oct. 21, 2004

218

OBJECTIONS by Plaintiff to evidence submitted in support of defendants' response to order to show cause re: contempt for violation of court order [214−1] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

219

REPLY MEMORANDUM by Plaintiff in support of application [202−1] for Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

220

DECLARATION by David Edwards on behalf of Plaintiff in support of application [202−1] for Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

221

DECLARATION by Jay Fuller on behalf of Plaintiff in support of application [202−1] for Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

222

DECLARATION by Theotis Golden on behalf of Plaintiff in support of application [202−1] for Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

223

DECLARATION by Kevin Hopkins on behalf of Plaintiff in support of application [202−1], re motion Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

224

DECLARATION by Kyra Kazantzis on behalf of Plaintiff in support of application [202−1] for Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

226

DECLARATION by Timphony Walker on behalf of Plaintiff in support of application [202−1] for Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

227

DECLARATION by James Zahradka on behalf of Plaintiff in support of application [202−1] for Order to show cause re: contempt for violation of court order. [202−2] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

228

PROOF OF SERVICE by Plaintiff of declaration [227−1], declaration [226−1], declaration [225−1], declaration [224−1], declaration [223−1], declaration [222−1], declaration [221−1], declaration [220−1], reply [219−1], objection [218−1] [5:71−cv−02017] (dhm, COURT STAFF) (Entered: 11/02/2004)

Nov. 2, 2004

Nov. 2, 2004

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Oct. 20, 1971

Closing Date: 2010

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates detained by Santa Clara County ("County") and in its jails.

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County of Santa Clara (Santa Clara), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1973 - 2007

Content of Injunction:

Preliminary relief granted

Issues

General:

Disciplinary procedures

Jails, Prisons, Detention Centers, and Other Institutions:

Law library access

Affected Sex or Gender:

Female

Male

Type of Facility:

Government-run