University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Kinale v. Dowe JC-CA-0095
Docket / Court 73-00374 ( S.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection California Jail Population Caps
Case Summary
In 1973, prisoners in the San Diego County jail system filed a class action lawsuit in the U.S. District Court for the Southern District of California, challenging their conditions of confinement. The plaintiffs, represented by California Indian Legal Services and the Native American Rights Fund, ... read more >
In 1973, prisoners in the San Diego County jail system filed a class action lawsuit in the U.S. District Court for the Southern District of California, challenging their conditions of confinement. The plaintiffs, represented by California Indian Legal Services and the Native American Rights Fund, alleged among other things that they were being denied access to their mail and to counsel, subjected to discipline without due process, provided with inadequate exercise and unsanitary clothing and conditions, and being kept in overcrowded facilities. They sought declaratory and injunctive relief.

On October 29, 1973, the District Court granted a preliminary injunction. The injunction restrained prison officials from interfering with prisoner mail unless they could prove it was being used to smuggle contraband and required them to implement due process protections in their disciplinary procedure, segregate pre-trial detainees from other prisoners per California law, and allow plaintiffs' attorneys access to their clients in private.

On April 30, 1974, the parties settled, and the County agreed to a population cap and other measures to prevent overcrowding, as well as an improvement in sanitation (including provision of fresh clothing and linens) and an increase in outdoor exercise opportunities.

As of the time of this writing, we have no further information about the case.

Christopher Schad - 08/16/2012


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Crowding
Crowding / caseload
Pre-PLRA Population Cap
Defendant-type
Corrections
General
Access to lawyers or judicial system
Administrative segregation
Disciplinary procedures
Mail
Recreation / Exercise
Sanitation / living conditions
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) County of San Diego
Plaintiff Description prisoners at the San Diego County Jail
Indexed Lawyer Organizations None on record
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
Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1973 - n/a
Case Closing Year n/a
Case Ongoing Unknown
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)
No docket sheet currently in the collection
General Documents
Court Grants Preliminary Injunction (7 Clearinghouse Review 501-02) 12/01/1973
JC-CA-0095-0001.pdf | Detail
County Agrees to Upgrade Facilities (8 Clearinghouse Review 216) 07/01/1974
JC-CA-0095-0002.pdf | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Albu, Ronald (California)
JC-CA-0095-0001 | JC-CA-0095-0002
Echohawk, John (Colorado)
JC-CA-0095-0001 | JC-CA-0095-0002
Fix, Barbara (California)
JC-CA-0095-0001 | JC-CA-0095-0002
Greene, Bruce (California)
JC-CA-0095-0001 | JC-CA-0095-0002
Haber, Roy (Colorado)
JC-CA-0095-0001 | JC-CA-0095-0002
Lamb, William (California)
JC-CA-0095-0001 | JC-CA-0095-0002
Defendant's Lawyers None on record
Other Lawyers None on record

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