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Case Name Hall v. Mims JC-CA-0069
Docket / Court 1:11-cv-02047-LJO-BAM ( E.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection California Jail Population Caps
California's Prisoners' Rights Bar article
Post-PLRA enforceable consent decrees
Attorney Organization NDRN/Protection & Advocacy Organizations
Prison Law Office
Case Summary
On December 13, 2011, four inmates of the Fresno County Adult Detention Facilities filed this class action lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the Fresno County Sheriff's Office under 42 U.S.C. § 1983. The plaintiffs, represented by public ... read more >
On December 13, 2011, four inmates of the Fresno County Adult Detention Facilities filed this class action lawsuit in the U.S. District Court for the Eastern District of California. The plaintiffs sued the Fresno County Sheriff's Office under 42 U.S.C. § 1983. The plaintiffs, represented by public interest counsel, sought injunctive and declaratory relief. The plaintiffs claimed that the defendant violated prisoners' Constitutional rights by failing to provide minimally adequate health care and failing to protect prisoners from injury and violence from other prisoners.

On January 25, 2012, the plaintiffs amended their complaint to add three individual plaintiffs to the suit, and brought additional claims against the defendants under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The plaintiffs also expanded the scope of the injunctive relief requested, seeking the compulsion of reasonable accommodations to prisoners with disabilities. The defendants moved to dismiss this amended complaint, though the District Court (Judge Lawrence J. O'Neill) denied this motion on May 16, 2012.

The parties stipulated to and the Court ordered the substitution of the individual defendants with the county of Fresno on November 16, 2012. This stipulation also dismissed the claims of three of the named plaintiffs, without prejudice.

On May 28, 2015, the parties filed a joint notion for preliminary approval of the consent decree they had created. The parties agreed to extensive remedial plan to be implemented by the defendants covering all of the substantive areas in dispute: health care, personal safety, and disability discrimination. The plaintiffs' counsel agreed to be responsible for monitoring compliance with the consent decree and the remedial plan. The decree is court enforceable, and the parties agreed it would last for four years after its approval -- unless the court earlier determined that the defendants were in substantial
compliance, or it was extended based on non-compliance. The defendant also agreed to pay the plaintiffs' counsel $900,000 in attorneys' fees and $40,000 per year for monitoring fees and expenses. On July 21, 2015, the District Court (Judge O'Neill) preliminarily approved the settlement, setting it for a fairness hearing at the end of September.

That hearing was held before Magistrate Judge Barbara McAuliffe on September 28; on October 7, she recommended approval of the decree without amendment. The matter awaits final approval by the District Court.

Greg in den Berken - 06/08/2014
Jessica Kincaid - 10/14/2015


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Cruel and Unusual Punishment
Content of Injunction
Develop anti-discrimination policy
Hire
Monitoring
Reporting
Crowding
Crowding / caseload
Defendant-type
Corrections
Disability
Mental impairment
General
Administrative segregation
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Classification / placement
Conditions of confinement
Counseling
Disciplinary segregation
Excessive force
Failure to train
Record-keeping
Restraints : physical
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Suicide prevention
Medical/Mental Health
Dental care
Medical care, general
Mental health care, general
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Declaratory Judgment Act, 28 U.S.C. § 2201
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) Fresno County Sheriff's Office
Plaintiff Description All adult men and women now, or in the future, in the custody of the Fresno County Sheriff and now, or in the future, subject to an unreasonable risk of harm due to the following policies and practices: (a) Denial of minimally adequate medical care, (b) Denial of minimally adequate mental health care, (c) Denial of minimally adequate dental care, and (d) Denial of protection from injury and violence from other prisoners.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Prison Law Office
Class action status sought Yes
Class action status granted Pending
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2015 - 2019
Case Closing Year 2015
Case Ongoing Yes
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
1:11-cv-02047-LJO-BAM (E.D. Cal.) 10/12/2015
JC-CA-0069-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
DOJ National Institute of Corrections Report [Jail and Justice System Assessment of Fresno County] 11/10/2006
JC-CA-0069-0005.pdf | Detail
Class Action Complaint for Injunctive and Declaratory Relief 12/13/2011
JC-CA-0069-0001.pdf | Detail
Document Source: Plaintiffs' counsel
First Amended Class Action Complaint for Injunctive and Declaratory Relief 01/25/2012
JC-CA-0069-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order [Dismissing Individual Defendants and Substituting County of Fresno, and Dismissing Certain Individual Plaintiffs Without Prejudice] 11/15/2012 (E.D. Cal.)
JC-CA-0069-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order & Writ of Habeas Corpus Ad Testificandum to Transport Brian Murphy 11/21/2012 (E.D. Cal.)
JC-CA-0069-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Joint Notice of Motion and Motion for Preliminary Approval of Consent Decree and Notice to the Class 05/28/2015
JC-CA-0069-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Findings and Recommendations Granting Preliminary Approval of Class Action Settlement 07/01/2015 (E.D. Cal.)
JC-CA-0069-0007.pdf | Detail
Document Source: Bloomberg Law
Order Adopting Findings and Recommendations in Full 07/21/2015 (E.D. Cal.)
JC-CA-0069-0008.pdf | Detail
Document Source: Bloomberg Law
Findings and Recommendations Granting Final Approval of Class Action Settlement 10/07/2015
JC-CA-0069-0009.pdf | Detail
Document Source: Bloomberg Law
Judges McAuliffe, Barbara A. (E.D. Cal.) [Magistrate]
JC-CA-0069-0002 | JC-CA-0069-0007 | JC-CA-0069-0009 | JC-CA-0069-9000
O'Neill, Lawrence Joseph (E.D. Cal.) [Magistrate]
JC-CA-0069-0004 | JC-CA-0069-0008 | JC-CA-0069-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alger, Maureen P. (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-9000
Berk, Andrew N (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-9000
Bird, Melinda R. (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-0006 | JC-CA-0069-9000
Coelho, Monisha Ann (California)
JC-CA-0069-0004 | JC-CA-0069-9000
Kelley, Mary Kathryn (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-0006 | JC-CA-0069-9000
Kelly, Mary Kathryn (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-9000
Knapp, Kelly Jean (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-9000
Panchalam, Srividya Seshan (California)
JC-CA-0069-9000
Scherer, Rachel Ann (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-9000
Sherman, Monique R (California)
JC-CA-0069-9000
Sorrells, Shannon Leigh (California)
JC-CA-0069-0006 | JC-CA-0069-9000
Specter, Donald H. (California)
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-9000
Williams, Agnes Akabogu (California)
JC-CA-0069-9000
Defendant's Lawyers Linden, Michael Robert (California)
JC-CA-0069-9000
Stirrup, Adam Benjamin (California)
JC-CA-0069-0004 | JC-CA-0069-9000
Woods, Michael Gary (California)
JC-CA-0069-0004 | JC-CA-0069-0006 | JC-CA-0069-9000
Other Lawyers None on record

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