University of Michigan Law School
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Case Name Budd v. Cambra PC-CA-0034
Docket / Court 319578 ( State Court )
State/Territory California
Case Type(s) Prison Conditions
Attorney Organization Prison Law Office
Case Summary
On March 13, 2001, attorneys of the Prison Law Office in California filed suit in the San Francisco Superior Court on behalf of California taxpayers, Drs. Diane Budd and William-Zakee McGill, to challenge the failure of the California Department of Corrections (CDC) to comply with the California ... read more >
On March 13, 2001, attorneys of the Prison Law Office in California filed suit in the San Francisco Superior Court on behalf of California taxpayers, Drs. Diane Budd and William-Zakee McGill, to challenge the failure of the California Department of Corrections (CDC) to comply with the California Health and Safety Code § 1253.

On August 14, 2002 the San Francisco Superior Court (Judge A. James Robertson II) granted plaintiffs' motion for summary judgment and ruled that the CDC was in violation of the California Health and Safety Code § 1253 by failing to license all Correctional Treatment Centers (CTCs), which provided treatment to California state inmates, with the Department of Health Services (DHS). The Court issued a permanent injunction which ordered the CDC to comply with the law and outlined certain corrective actions to be taken by the CDC. That injunction was modified by a stipulation of the parties on November 14, 2005.

Pursuant to an agreement reached by the parties in August of 2003, the CDC agreed to pay initial attorneys fees to plaintiffs in the amount of $185,000. The CDC agreed to pay additional fees for subsequent work.

Note that the Budd case is related to Plata v. Davis (PC-CA-18), a class-action civil rights case pending in U.S. District Court for the Northern District of California, which challenged the operation of all aspects of California's prison health system. Attorneys from the Prison Law Office also represented the plaintiffs' in the Plata case.

As of the date of this summary, the Budd case was still active.

Dan Dalton - 03/08/2007


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Issues and Causes of Action
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Issues
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) California Department of Corrections and Rehabilitation (CDCR)
Plaintiff Description Two medical doctors filing as individuals and taxpayers
Indexed Lawyer Organizations Prison Law Office
Class action status sought No
Class action status granted No
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 2002 - n/a
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
CGC-01-319578 (State Trial Court) 03/26/2001
PC-CA-0034-9000 PDF | Detail
CGC-01-319578 (State Trial Court) 05/18/2001
PC-CA-0034-9002 PDF | Detail
CGC-01-319578 (State Trial Court) 03/08/2007
PC-CA-0034-9001 PDF | Detail
General Documents
Order Granting Plaintiffs' Motion for Summary Judgment and Permanent Injunction and Entering Judgment 08/14/2002
PC-CA-0034-0001 PDF | Detail
Stipulation Granting Attorneys' Fees and Costs; Order 08/23/2003
PC-CA-0034-0003 PDF | Detail
Stipulated Modification to the Order Granting Plaintiffs' Motion for Summary Judgment and Permanent Injunction and Entering Judgment 11/14/2005
PC-CA-0034-0002 PDF | Detail
Judges Borick, Arlene T. Court not on record
PC-CA-0034-9002
Dondero, Robert L. Court not on record
PC-CA-0034-9002
Quidachay, Ronald E. Court not on record
PC-CA-0034-0002 | PC-CA-0034-9002
Robertson, A. James II (State Trial Court, FISC)
PC-CA-0034-0001 | PC-CA-0034-0003 | PC-CA-0034-9002
Monitors/Masters None on record
Plaintiff's Lawyers Godbold, Penny (California)
PC-CA-0034-0002
Katznelson, Zachary (Kansas)
PC-CA-0034-9002
Specter, Donald H. (California)
PC-CA-0034-0003
Defendant's Lawyers Anderson, Monica (California)
PC-CA-0034-0002 | PC-CA-0034-0003
Fayard, Gregory T. (California)
PC-CA-0034-9002
Grunder, Frances T. (California)
PC-CA-0034-0002 | PC-CA-0034-0003
Humes, James M. (California)
PC-CA-0034-0002
Kamberian, Van (California)
PC-CA-0034-9001
Lemos, Judi (California)
PC-CA-0034-9002
Lockyer, Bill (California)
PC-CA-0034-0002 | PC-CA-0034-0003 | PC-CA-0034-9001
Lusich, Sandra L. (California)
PC-CA-0034-0002
Perkins, Stephen W. (California)
PC-CA-0034-0003
Tillman, Lisa Anne (California)
PC-CA-0034-9001
Williams, Michael J. (California)
PC-CA-0034-0003 | PC-CA-0034-9001 | PC-CA-0034-9002
Other Lawyers None on record

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