University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Hernandez v. County of Monterey JC-CA-0107
Docket / Court 5:13-cv-02354-PSG ( N.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection California's Prisoners' Rights Bar article
Post-PLRA enforceable consent decrees
Solitary confinement
Attorney Organization ACLU Chapters (any)
ACLU National (all projects)
ACLU National Prison Project
Legal Services/Legal Aid
Rosen, Bien, Galvan & Grunfeld
Case Summary
On May 23, 2013, prisoners or recently released prisoners from Monterey County Jail filed this lawsuit in the US District Court for the Northern District of California. The plaintiffs sued the County of Monterey and the California Forensic Medical Group (CFMG) under 42 U.S.C. § 1983 and state law. ... read more >
On May 23, 2013, prisoners or recently released prisoners from Monterey County Jail filed this lawsuit in the US District Court for the Northern District of California. The plaintiffs sued the County of Monterey and the California Forensic Medical Group (CFMG) under 42 U.S.C. § 1983 and state law. The plaintiffs, represented by attorneys from the American Civil Liberties Union (ACLU) of Northern California, the ACLU National Prison Project, the Monterey Public Defender, and private attorneys, asked for declaratory and injunctive relief. Specifically, the plaintiffs claimed that the conditions in the Monterey County Jail (the "Jail") violated federal and state law due to failures to protect prisoners from violence, provide adequate medical and mental health care, and provide reasonable accommodations to prisoners with disabilities.

On April 25, 2015, the County and Sheriff's Office filed a motion to dismiss, and the CFMG filed a motion to dismiss on May 2, 2014. The District Court (Magistrate Judge Paul Singh Grewal) denied both motions on September 29, 2014. 2014 WL 4843945 (N.D. Cal. 2014). First, the Court found that plaintiffs had standing even if they are no longer incarcerated, due to the short average length of stay of prisoners in the putative class and the slow speed of legal action. Second, the Court addressed the issue of whether a private provider of jail medical facilities are "services" which can face scrutiny under Title III of the Americans with Disabilities Act (ADA). The Court found that plaintiffs sufficiently plead that CFMG is subject to Title III of the ADA because it operates a "professional office of a health care provider, hospital, or other service establishment" within the jail. The Court further explained that while the "place" of a jail falls under Title II of the ADA as a public entity, courts have consistently found that Title III applies to "places of public accommodation" within places that normally don't fit under Title III either because they are owned by or operated for other purposes by a public entity.

On April 29, 2014, the plaintiffs filed a motion seeking certification of a prisoner class consisting of all current and future prisoners in the jail, and a subclass of prisoners with disabilities, consisting of all current and future prisoners who have a qualifying disability. Then on August 26, 2014, the plaintiffs filed a motion for preliminary injunction, requesting that the Court order defendants to fix six of the conditions at the Jail that place the plaintiffs and class members at risk of serious injury and death.

On January 29, 2015, Magistrate Judge Grewal certified the class. 2015 WL 399975 (N.D. Cal. 2015). Then on April 14, 2015, Magistrate Judge Grewal also granted the plaintiff's motion for a preliminary injunction.

On May 11, 2015, the parties settled the case. The jail agreed to set new standards for the medical and mental health care provided to inmates and to expand accessibility for prisoners with disabilities. The parties agreed to retain experts as neutral monitors for a limited term of oversight.

On August 18, 2015, Magistrate Judge Grewal approved the settlement. As of October 15, 2015, litigation regarding attorneys' fees is ongoing. The settlement agreement only set upper limits for attorneys' fees.

Samantha Kirby - 10/05/2014
Jessica Kincaid - 10/15/2015


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Content of Injunction
Monitor/Master
Monitoring
Preliminary relief granted
Recordkeeping
Reporting
Crowding
Crowding / caseload
Defendant-type
Corrections
Jurisdiction-wide
Disability
Hearing impairment
Mental impairment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Assault/abuse by residents/inmates/students
Classification / placement
Conditions of confinement
Disciplinary procedures
Disciplinary segregation
Failure to train
Food service / nutrition / hydration
Grievance Procedures
Phone
Record-keeping
Recreation / Exercise
Sanitation / living conditions
Solitary confinement/Supermax (conditions or process)
Staff (number, training, qualifications, wages)
Suicide prevention
TTY/Close Captioning/etc.
Medical/Mental Health
Dental care
Hepatitis
Intellectual/Developmental Disability
Medical care, general
Medication, administration of
Mental health care, general
Suicide prevention
Untreated pain
Vision care
Wound care
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Non-government for profit
Causes of Action State law
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
42 U.S.C. § 1983
Defendant(s) California Forensic Medical Group
County of Monterey, Monterey County Sheriff's Office
Plaintiff Description Inmates or recently released inmates from Monterey County Jail
Indexed Lawyer Organizations ACLU Chapters (any)
ACLU National (all projects)
ACLU National Prison Project
Legal Services/Legal Aid
Rosen, Bien, Galvan & Grunfeld
Class action status sought Yes
Class action status granted Pending
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2015 - 2021
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
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)
5:13−cv−02354 (N.D. Cal.) 06/30/2015
JC-CA-0107-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Civil Class Action Complaint [For Declaratory and Injunctive Relief] 05/23/2013
JC-CA-0107-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and [Proposed] Order 01/14/2014 (N.D. Cal.)
JC-CA-0107-0002.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Second Amended Civil Class Action Complaint [For Declaratory And Injunctive Relief] 04/11/2014
JC-CA-0107-0003.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
NOTICE OF MOTION AND MOTION OF DEFENDANTS COUNTY OF MONTEREY AND MONTEREY COUNTY SHERIFF’S OFFICE TO DISMISS PLAINTIFFS, ROBERT YANCEY, RICHARD MURPHY, DENNIS GUYOT, GLENDA HUNTER, MARTHA GOMEZ, WESLEY MILLER, JEFFREY NICHOLS, SARAB SARABI, and ALBER 04/25/2014
JC-CA-0107-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
DEFENDANT CALIFORNIA FORENSIC MEDICAL GROUP, INC.’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS’ SECOND AMENDED COMPLAINT 05/02/2014
JC-CA-0107-0005.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendants' Motions to Dismiss 09/29/2014 (70 F.Supp.3d 963) (N.D. Cal.)
JC-CA-0107-0006.pdf | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion to Certify Class and Denying Motion to Strike 01/29/2015 (2015 WL 399975) (E.D. Cal.)
JC-CA-0107-0007.pdf | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Order Granting Motion for Preliminary Injunction 04/14/2015 (N.D. Cal.)
JC-CA-0107-0008.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement 05/11/2015
JC-CA-0107-0009.pdf | Detail
Document Source: Plaintiffs' counsel
Order Granting Stipulated Motion for Preliminary Approval of Class Action Settlement and Extension of Time for Preliminary Injunction Compliance 05/15/2015 (N.D. Cal.)
JC-CA-0107-0010.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Cousins, Nathanael M. (N.D. Cal.) [Magistrate]
JC-CA-0107-9000
Grewal, Paul Singh (N.D. Cal.) [Magistrate]
JC-CA-0107-0006 | JC-CA-0107-0007 | JC-CA-0107-0008 | JC-CA-0107-0010 | JC-CA-0107-9000
Monitors/Masters None on record
Plaintiff's Lawyers Alexander, Sarah Pascal (California)
JC-CA-0107-9000
Balaban, Eric G. (District of Columbia)
JC-CA-0107-0002 | JC-CA-0107-0003 | JC-CA-0107-0009 | JC-CA-0107-9000
Bien, Michael W. (California)
JC-CA-0107-0009 | JC-CA-0107-9000
Cooppan, Sumana (California)
JC-CA-0107-9000
Davis, Micaela (California)
JC-CA-0107-9000
Egar, James (California)
JC-CA-0107-0001 | JC-CA-0107-0002 | JC-CA-0107-0003 | JC-CA-0107-0009 | JC-CA-0107-9000
Freedman, Michael Louis (California)
JC-CA-0107-9000
Galvan, Ernest (California)
JC-CA-0107-9000
Grunfeld, Gay Crosthwait (California)
JC-CA-0107-0001 | JC-CA-0107-0002 | JC-CA-0107-0003 | JC-CA-0107-9000
Landis, Donald Earl (California)
JC-CA-0107-9000
Schlosser, Alan Lawrence (California)
JC-CA-0107-0002 | JC-CA-0107-0003 | JC-CA-0107-0009 | JC-CA-0107-9000
Stone-Manista, Krista Michelle (California)
JC-CA-0107-9000
Swearingen, Richard Van (California)
JC-CA-0107-9000
Takei, Carl (District of Columbia)
JC-CA-0107-9000
Defendant's Lawyers Bertling, Peter George (California)
JC-CA-0107-0002 | JC-CA-0107-0009 | JC-CA-0107-9000
Blitch, Susan K. (California)
JC-CA-0107-0002 | JC-CA-0107-0004 | JC-CA-0107-9000
McKee, Charles J (California)
JC-CA-0107-0009
Philippi, Michael Rudolph (California)
JC-CA-0107-9000
Saunders, Jemma Allison Parker (California)
JC-CA-0107-0005 | JC-CA-0107-9000
Singer, Paul David (California)
JC-CA-0107-9000
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -