University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Benson v. County of Orange JC-CA-0078
Docket / Court 8:90-cv-01964 ( C.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection California Jail Population Caps
Attorney Organization Hadsell, Stormer & Renick
Prisoners Rights Union
Case Summary
In 1990, prisoners in the Orange County jail system filed a class action lawsuit in the U.S. District Court for the Central District of California, Southern Division, against the County of Orange. The plaintiffs, represented by the Prisoner Rights Union and private counsel, brought suit under 42 U. ... read more >
In 1990, prisoners in the Orange County jail system filed a class action lawsuit in the U.S. District Court for the Central District of California, Southern Division, against the County of Orange. The plaintiffs, represented by the Prisoner Rights Union and private counsel, brought suit under 42 U.S.C § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief.

In May of 1991, the District Court made the injunctions issued in the companion case Stewart v. Gates, 2:75-cv-03075 (C.D. Cal.) [JC-CA-0054] applicable in this case as well. (See the Clearinghouse entry on that case for subsequent developments related to those injunctions.)

In March of 1992, plaintiffs moved the Court to issue a temporary restraining order and preliminary injunction barring the reduction of visiting time to two days a week and requiring the County to provide prisoners with easier access to plaintiffs' counsel's staff. The Court denied the motion for a temporary restraining order and held a hearing on the preliminary injunction. On April 6, 1992, the Court (Judge Gary L. Taylor) also denied that relief, finding that the reduction in visiting hours and the current access to plaintiffs' counsel's staff violated neither the Stewart orders nor the Constitution. Benson v. Cnty. of Orange, 788 F. Supp. 1123 (C.D. Cal. 1992).

As of this time, we have no further information on this case. (July 13, 2012)

Christopher Schad - 07/13/2012


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
Pre-PLRA Population Cap
Defendant-type
Corrections
General
Access to lawyers or judicial system
Conditions of confinement
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) County of Orange
Plaintiff Description prisoners in the Orange County jail system
Indexed Lawyer Organizations Hadsell, Stormer & Renick
Prisoners Rights Union
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1991 - n/a
Case Closing Year n/a
Case Ongoing Yes
Case Listing JC-CA-0054 : Stewart v. Gates (C.D. Cal.)
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)
8:90-cv-01964-GLT (C.D. Cal.) 10/06/1999
JC-CA-0078-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Order Denying Motion for Preliminary Injunction 04/06/1992 (788 F.Supp. 1123) (C.D. Cal.)
JC-CA-0078-0001.pdf | WESTLAW| LEXIS | Detail
Judges Taylor, Gary L. (C.D. Cal.)
JC-CA-0078-0001 | JC-CA-0078-9000
Monitors/Masters None on record
Plaintiff's Lawyers Herman, Richard P. (California)
JC-CA-0078-9000
Hoffman, Paul L. (California)
JC-CA-0078-9000
McClung, Charles Elmquist Jr. (California)
JC-CA-0078-9000
Stormer, Dan Lewis (California)
JC-CA-0078-9000
Defendant's Lawyers None on record
Other Lawyers None on record

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