University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Cooper v. Rimmer CJ-CA-0006
Docket / Court 04-0436 ( N.D. Cal. )
State/Territory California
Case Type(s) Criminal Justice (Other)
Case Summary
On February 2, 2004, a prisoner at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who was scheduled to be executed by lethal ... read more >
On February 2, 2004, a prisoner at the California State Prison at San Quentin filed a lawsuit under 42 U.S.C. Section 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who was scheduled to be executed by lethal injection, asked the court to enjoin the defendants from carrying out the execution, arguing that the lethal injection procedure inflicts unnecessary pain and torture in violation of his Eighth Amendment right to be free from cruel and unusual punishment.

On February 6, 2004, the U.S. District Court for the Northern District of California (Judge Jeremy Fogel) denied the plaintiff's request for an injunction, holding that the lawsuit had been brought for the sole purpose of unnecessarily delaying the execution. Cooper v. Rimmer, No. 04-436, 2004 WL 231325 (N.D.Cal. 2004). The plaintiff appealed.

On April 23, 2004, the defendants asked the District Court to dismiss the case because the plaintiff failed to exhaust his administrative remedies before bringing the lawsuit. On October 14, 2004, the District Court (Judge Fogel) granted the defendants' request and dismissed the case without prejudice.

On August 11, 2005, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court's judgment and closed the case. Our docket, which is accurate as of August 27, 2007, records no further activity in this case and labels it closed.

Kristen Sagar - 08/27/2007


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Death Penalty
Lethal Injection - General
Plaintiff Type
Private Plaintiff
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) California Department of Corrections
Plaintiff Description State prisoner seeking to prevent defendants from executing him pursuant to California's lethal injection protocol
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party Defendant
Public Int. Lawyer No
Nature of Relief None
Source of Relief None
Filing Year 2004
Case Closing Year 2005
Case Ongoing No
Docket(s)
04-436 (N.D. Cal.)
CJ-CA-0006-9000.pdf | Detail
Date: 10/02/2006
Source: PACER [Public Access to Court Electronic Records]
General Documents
Order Denying Motions for Temporary Restraining Order and Preliminary Injunction and for Expedited Discovery (2004 WL 231325) (N.D. Cal.)
CJ-CA-0006-0002.pdf | WESTLAW | Detail
Date: 02/06/2004
Motion to Dismiss [ECF# 21]
CJ-CA-0006-0001.pdf | Detail
Date: 04/23/2004
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Fogel, Jeremy D. (N.D. Cal.) show/hide docs
CJ-CA-0006-0002 | CJ-CA-0006-9000
Plaintiff's Lawyers Alexander, David T (California) show/hide docs
CJ-CA-0006-9000
Grele, John R. (California) show/hide docs
CJ-CA-0006-9000
Hawkins, E. Anne (California) show/hide docs
CJ-CA-0006-9000
Hile, Norman C. (California) show/hide docs
CJ-CA-0006-9000
Kazemi, Ali (California) show/hide docs
CJ-CA-0006-9000
Schull, Lisa Marie (California) show/hide docs
CJ-CA-0006-9000
Yuhas, George Alan (California) show/hide docs
CJ-CA-0006-9000
Defendant's Lawyers Anderson, Robert R. (California) show/hide docs
CJ-CA-0006-0001
Binsacca, Anya M. (California) show/hide docs
CJ-CA-0006-9000
Cattermole, Austin Jacobs (California) show/hide docs
CJ-CA-0006-0001 | CJ-CA-0006-9000
Gillette , Dane R. (California) show/hide docs
CJ-CA-0006-9000
Grunder, Frances T. (California) show/hide docs
CJ-CA-0006-0001
Lockyer, Bill (California) show/hide docs
CJ-CA-0006-0001
Wolff, Jonathan L. (California) show/hide docs
CJ-CA-0006-0001

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