University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cooper v. Rimmer CJ-CA-0006
Docket / Court 04-0436 ( N.D. Cal. )
State/Territory California
Case Type(s) Criminal Justice (Other)
Case Summary
On February 2, 2004, a prisoner at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who was scheduled to be executed by lethal ... read more >
On February 2, 2004, a prisoner at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unusual punishment.

On February 6, 2004, the U.S. District Court for the Northern District of California (Judge Jeremy Fogel) denied the plaintiff's request for an injunction, holding that the lawsuit had been brought for the sole purpose of unnecessarily delaying the execution. Cooper v. Rimmer, No. 04-436, 2004 WL 231325 (N.D.Cal. 2004). The plaintiff appealed.

On April 23, 2004, the defendants asked the District Court to dismiss the case because the plaintiff failed to exhaust his administrative remedies before bringing the lawsuit. On October 14, 2004, the District Court (Judge Fogel) granted the defendants' request and dismissed the case without prejudice.

On August 11, 2005, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's judgment and closed the case. Our docket, which is accurate as of August 27, 2007, records no further activity in this case and labels it closed.

Kristen Sagar - 08/27/2007


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Issues and Causes of Action
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Issues
Death Penalty
Lethal Injection - General
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) California Department of Corrections
Plaintiff Description State prisoner seeking to prevent defendants from executing him pursuant to California's lethal injection protocol
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Form of Settlement None on record
Order Duration not on record
Case Closing Year 2005
Case Ongoing No
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
04-436 (N.D. Cal.) 10/02/2006
CJ-CA-0006-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Denying Motions for Temporary Restraining Order and Preliminary Injunction and for Expedited Discovery 02/06/2004 (2004 WL 231325) (N.D. Cal.)
CJ-CA-0006-0002.pdf | WESTLAW | Detail
Motion to Dismiss 04/23/2004
CJ-CA-0006-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Fogel, Jeremy D. (N.D. Cal.)
CJ-CA-0006-0002 | CJ-CA-0006-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alexander, David T (California)
CJ-CA-0006-9000
Grele, John R. (California)
CJ-CA-0006-9000
Hawkins, E. Anne (California)
CJ-CA-0006-9000
Hile, Norman C. (California)
CJ-CA-0006-9000
Kazemi, Ali (California)
CJ-CA-0006-9000
Schull, Lisa Marie (California)
CJ-CA-0006-9000
Yuhas, George Alan Esq. (California)
CJ-CA-0006-9000
Defendant's Lawyers Anderson, Robert R. (California)
CJ-CA-0006-0001
Binsacca, Anya M. (California)
CJ-CA-0006-9000
Cattermole, Austin Jacobs (California)
CJ-CA-0006-0001 | CJ-CA-0006-9000
Gillette , Dane R. (California)
CJ-CA-0006-9000
Grunder, Frances T. (California)
CJ-CA-0006-0001
Lockyer, Bill (California)
CJ-CA-0006-0001
Wolff, Jonathan L. (California)
CJ-CA-0006-0001
Other Lawyers None on record

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