University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Nick O. v. Terhune JI-CA-0008
Docket / Court 89-0755 ( E.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Juvenile Institution
Attorney Organization Youth Law Center
Case Summary
On May 25, 1989, a youth confined at the Northern Reception Center Clinic (NRCC) of the California Youth Authority (CYA) filed a class action lawsuit against the NRCC and the CYA pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), the Rehabilitation Act of 1973, and the due ... read more >
On May 25, 1989, a youth confined at the Northern Reception Center Clinic (NRCC) of the California Youth Authority (CYA) filed a class action lawsuit against the NRCC and the CYA pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), the Rehabilitation Act of 1973, and the due process and equal protection clauses of the Fourteenth Amendment. The class consisted of all current and future residents of the NRCC who are educationally handicapped and who are in need of special education and related services. At least 25% of the population at NRCC fell into this class. The class, represented by the Youth Law Center and private counsel, specifically alleged that defendants routinely failed to identify and assess special education needs and develop individual educational plans for youth confined at their facilities. Plaintiff sought declaratory and injunctive relief.

On February 15, 1990, the parties filed a stipulation and order with the United States District Court for the Eastern District of California. Defendants agreed to provide class members with free public education that included special education and related services. Related services included speech and hearing services, physical and occupational therapy, and psychological and counseling services. Defendants also agreed to implement policies and procedures to promptly identify and assess the educational needs of the youth confined at the NRCC facility and to develop and individual education program for all class members. The parties agreed that the settlement would be in effect for three years, and that monitors would evaluate defendants' compliance with the agreement.

On May 7, 1990, the district court (Judge Samuel P. King) entered a final judgment incorporating the terms of the stipulation and agreement. The court maintained jurisdiction to award attorneys fees and costs and to monitor and enforce the terms of the stipulation and order. The agreement continued to be extended until July 11, 2000, and the docket continued to May 21, 2001 with the settlement of attorneys' fees and costs approved and the case dismissed.

Emilee Baker - 05/18/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Counseling
Education
Individualized planning
Special education
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
42 U.S.C. § 1983
Defendant(s) California Department of Corrections
Plaintiff Description All current and future residents of the Northern Reception Center Clinic who are educationally handicapped and who are in need of special education and related services.
Indexed Lawyer Organizations Youth Law Center
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 None on record
Order Duration 1990 - 2000
Case Closing Year 2001
Case Ongoing No
Docket(s)
89-0755 (E.D. Cal.) 05/21/2001
JI-CA-0008-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint Class Action 05/25/1989
JI-CA-0008-0001 PDF | Detail
Stipulation and Order 02/15/1990 (E.D. Cal.)
JI-CA-0008-0002 PDF | Detail
Notice of Proposed Settlement of Class Action Lawsuit and Opportunity to Present Objections 02/15/1990
JI-CA-0008-0005 PDF | Detail
Aviso de Acuerdo Propuesto de Demanda de Accion Clasista, y Opportunidad Para Presentar Objeciones 02/15/1990
JI-CA-0008-0006 PDF | Detail
[Decree] 02/15/1990
JI-CA-0008-0007 PDF | Detail
Judgment 05/07/1990 (E.D. Cal.)
JI-CA-0008-0003 PDF | Detail
[California Legislative History] 05/14/2001
JI-CA-0008-0008 PDF | Detail
Judges Burrell, Garland Ellis Jr. (E.D. Cal.)
JI-CA-0008-9000
King, Samuel Pailthorpe (D. Haw.)
JI-CA-0008-0003
Monitors/Masters Hollows, Gregory G. (California)
JI-CA-0008-9000
Plaintiff's Lawyers Burrell, Susan L. (California)
JI-CA-0008-0001 | JI-CA-0008-0002 | JI-CA-0008-0007
Kulkin, Sylvie (California)
JI-CA-0008-0002 | JI-CA-0008-0007
Meltzer, Timothy A. (California)
JI-CA-0008-0001 | JI-CA-0008-0002 | JI-CA-0008-0007
Olson, Ann T. (California)
JI-CA-0008-0001
Pearl, Richard M (California)
JI-CA-0008-9000
Pierpoint, Marta (California)
JI-CA-0008-0001 | JI-CA-0008-0002 | JI-CA-0008-0007
Soler, Mark I. (California)
JI-CA-0008-0001 | JI-CA-0008-0002 | JI-CA-0008-0007
Sparks, John E. (California)
JI-CA-0008-0001 | JI-CA-0008-0002 | JI-CA-0008-0007
Warboys, Loren M. (California)
JI-CA-0008-0001 | JI-CA-0008-0002 | JI-CA-0008-0007 | JI-CA-0008-9000
Defendant's Lawyers Ching, James (California)
JI-CA-0008-0002 | JI-CA-0008-0007
Doyle, Dan C. (California)
JI-CA-0008-0007
Iglehart, Richard B. (California)
JI-CA-0008-0002 | JI-CA-0008-0007
Radillo, Antonia (California)
JI-CA-0008-0002 | JI-CA-0008-0007 | JI-CA-0008-9000
Van de Kamp, John K. (California)
JI-CA-0008-0002 | JI-CA-0008-0007
Other Lawyers None on record

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