University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hixon v. Hope JI-CA-0014
Docket / Court CV 029154 ( State Court )
State/Territory California
Case Type(s) Juvenile Institution
Attorney Organization Prison Law Office
Case Summary
On April 26, 2006, taxpaying parents of a juvenile son incarcerated in the San Joaquin Juvenile Hall filed a complaint in the San Joaquin County, California, Superior Court naming, as defendant, the county's chief probation officer and seeking to enjoin expenditure of public funds for alleged ... read more >
On April 26, 2006, taxpaying parents of a juvenile son incarcerated in the San Joaquin Juvenile Hall filed a complaint in the San Joaquin County, California, Superior Court naming, as defendant, the county's chief probation officer and seeking to enjoin expenditure of public funds for alleged illegal conduct at the juvenile hall. Plaintiffs had private counsel from a large firm and from the Prison Law Office, both of whom were also involved as plaintiffs' counsel in similar California cases in this database, Farrell v. Harper (JI-CA-13), Porter v. Speirs (JI-CA-15), and Waters v. Woodford (JI-CA-16).


The complaint set out numerous categories in which the hall, as operated, allegedly failed to meet state statutory standards, including inadequate physical safety (e.g., excessive staff use of force and physical restraints, staff-promoted fights, abuse of vulnerable juveniles, homemade weapons, and gangs), living conditions far from statutorily-mandated "homelike conditions" (e.g., poor meals, overcrowding, uncomfortable temperatures, broken plumbing, gang graffiti, and filth), administrative segregation ("ad seg") deficiencies (e.g., lockdown-type conditions, absence of rehabilitative programs or educational opportunities, failure to provide required Individualized Education Plans (IEPs), limited clothing, excessive isolation, and due process violations), inadequate medical and mental health care, inadequate provision of rehabilitative or educational programs for non-ad seg wards, and deficient grievance procedures exacerbated by staff misconduct. Citing numerous provisions of the state's constitution and statutes, the plaintiffs sought declaratory and injunctive relief, attorneys' fees and costs, and for the court to retain jurisdiction over the case until it found sufficient compliance by the defendant with remedial orders plaintiff sought.

The defendant filed a demurrer to the complaint and sought to have the court (Judge Bobby W. McNatt) strike portions of the pleading. The most recent docket entries we have for the case indicate that, as of June 2006, the defense requests had not been resolved and the case continued.

We have no further information about activity in the case.

Mike Fagan - 05/16/2008


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Confinement/isolation
Education
Food service / nutrition / hydration
Rehabilitation
Religious programs / policies
Sanitation / living conditions
Special education
Totality of conditions
Visiting
Medical/Mental Health
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) San Joaquin County
Plaintiff Description Taxpayers who bring this action to enjoin expenditure of funds to promulgate, administer, and enforce illegal policies, practices, and procedures in the San Joaquin County Juvenile Hall.
Indexed Lawyer Organizations Prison Law Office
Class action status sought None on record
Class action status granted No
Prevailing Party Unknown
Public Int. Lawyer No
Nature of Relief Unknown
Source of Relief Unknown
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
CV029154 (State Trial Court) 06/27/2006
JI-CA-0014-9000 PDF | Detail
General Documents
Complaint for Injunctive and Declaratory Relief 04/25/2006
JI-CA-0014-0001 PDF | Detail
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Chavez, Mark A. (California)
JI-CA-0014-0001
Kahn, Michael D. (California)
JI-CA-0014-9000
Keith, Traci M. (California)
JI-CA-0014-0001
Lee, Belinda S. (California)
JI-CA-0014-0001
Norman, Sara Linda (California)
JI-CA-0014-0001
Palamountain, Kathryn C. (California)
JI-CA-0014-0001
Park, Ju Y. (California)
JI-CA-0014-0001
Specter, Donald H. (California)
JI-CA-0014-0001
Ulmer, Richard Jr. (California)
JI-CA-0014-0001
Wang, Philip J. (California)
JI-CA-0014-0001
Defendant's Lawyers Gutierrez, Gilberto (California)
JI-CA-0014-9000
Suntag, Dana A. (California)
JI-CA-0014-9000
Other Lawyers None on record

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