University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Olivier v. Molina JC-CA-0106
Docket / Court 2:08-cv-07169-JFW-AGR ( C.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Case Summary
On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff ... read more >
On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff alleged that the conditions of confinement, specifically lack of beds and rodent infestation, violated his constitutional rights. Additionally, the plaintiff alleged he was denied prompt medical care when the defendant doctor failed to supply prescribed medication for 43 days. The plaintiff sought compensatory damages in the amount of $33,000 and punitive damages in the amount of $333,000.

On November 9, 2009, the defendants filed a motion to dismiss on the grounds that the plaintiff failed to exhaust his administrative remedies, which the Magistrate Judge Alicia G.Rosenberg recommended be granted in part and denied in part. On June 6, 2010, the District Court (Judge John F. Walter) adopted the Magistrate Judge's report and dismissed all claims except the claim against the Sheriff in his individual and official capacities for failure to provide adequate sleeping accommodations.

On September 14, 2010, the plaintiff filed a second amended complaint against the Los Angeles County Sheriff in his official and individual capacities, alleging substantively the same claims for conditions of confinement. In response to the defendants' motion to dismiss the Second Amended complaint, the District Court dismissed all claims except the claim against the Sheriff in his individual capacity for failure to provide adequate sleeping conditions.

On April 30, 2013, the defendant filed a motion for summary judgment on the remaining claim. The District Court granted the motion on July 18, 2013, finding that the plaintiff failed to create a genuine issue of material fact that the lice in his cell constituted a constitutional violation.

On July 30, 2013, the plaintiff filed a notice of appeal to the Ninth Circuit. As of November 14, 2013, the appellate court has not ruled on this matter.

Anjali Biala - 11/07/2013


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Equal Protection
General
Conditions of confinement
Sanitation / living conditions
Totality of conditions
Unconstitutional conditions of confinement
Medical/Mental Health
Medication, administration of
Plaintiff Type
City/County Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Los Angeles County Jail
Plaintiff Description California County Jail seeks 42 USC 1983 relief after jail officials allegedly deprived him of basic needs, such as adequate sleep conditions and outdoor exercise.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
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)
2:08-cv-07169 (C.D. Cal.) 09/12/2013
JC-CA-0106-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 11/07/2008
JC-CA-0106-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint 08/12/2009
JC-CA-0106-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Defendants' Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities and Declaration of Deputy Kevin Kelley in Support Thereof 11/09/2009
JC-CA-0106-0006.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint 08/23/2010
JC-CA-0106-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Corrected Second Amended Complaint 09/14/2010
JC-CA-0106-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Certification Pursuant to Fed.R.Civ.P 37(a)(2)(A)(B) 07/28/2011
JC-CA-0106-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order 08/27/2013
JC-CA-0106-0007.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Rosenberg, Alicia G. (C.D. Cal.) [Magistrate]
JC-CA-0106-9000
Walter, John F. (C.D. Cal.)
JC-CA-0106-9000
Monitors/Masters None on record
Plaintiff's Lawyers None on record
Defendant's Lawyers Beach, Paul B (California)
JC-CA-0106-9000
Lee, Daniel (California)
JC-CA-0106-0006 | JC-CA-0106-9000
Zuiderweg, Alexandra B (California)
JC-CA-0106-9000
Other Lawyers None on record

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