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Case Name Prison Legal News v. Tilton PC-CA-0042
Docket / Court 2007-00883573 ( State Court )
State/Territory California
Case Type(s) Prison Conditions
Special Collection Prison Legal News
Attorney Organization Rosen, Bien, Galvan & Grunfeld
Case Summary
On December 18, 2007, Prison Legal News ("PLN"), a non-profit organization that reports on news and litigation involving detention facilities, filed suit against the California Department of Corrections and Rehabilitation ("CDCR") and its secretary in the California Superior Court for the City and ... read more >
On December 18, 2007, Prison Legal News ("PLN"), a non-profit organization that reports on news and litigation involving detention facilities, filed suit against the California Department of Corrections and Rehabilitation ("CDCR") and its secretary in the California Superior Court for the City and County of Sacramento. The plaintiff sought disclosure of documents under the California Public Records Act, California Government Code, ยงยง 6250 et seq. The plaintiff requested declaratory and injunctive relief for immediate disclosure of the requested records.

On November 9, 2007, the plaintiff had submitted a Public Record Act request to the respondent in which it requested documents pertaining to torts, overcrowding, and civil rights claims filed against the CDCR. While the Public Records Act mandated disclosure within 10 days, the plaintiff alleged that the defendant did not respond in any way; this suit followed.

In an order from December 23, 2009, the Superior Court (Judge Chang) noted that in the two years the litigation had been pending, the respondents had done nothing of any significance to comply with the request except "to complain that the request is unduly burdensome." The court ordered the the respondents to produce the records by March 1, 2010: specifically, those documents related to "Paid Adult Legal Claims" from 2002-2007 in cases where the CDCR paid out more than $25,000 in settlement or judgment. The respondents claimed that he might not have possession of the final versions of each document and would have to redact the documents for privileged or exempt information. The court ordered production of identifying information, including case numbers, for all 742 cases by February 1, 2010 so that the plaintiff could determine if any of the documents were available online.

By June 10, 2010, the respondents had complied with the court's order for the production of the documents. On September 29, 2010, the parties filed a settlement agreement with the court. All issues of production had been resolved and the parties agreed to dismiss the case with prejudice, with the respondents providing attorney's fees and costs to the petitioner.

Dan Dalton - 12/20/2007
Samantha Kirby - 12/02/2014
Chelsea Rinnig - 03/05/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Required disclosure
Defendant-type
Corrections
General
Records Disclosure
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) California Department of Corrections and Rehabilitation
Plaintiff Description Prison Legal News, a non-profit organization that reports on news and litigation involving detention facilities
Indexed Lawyer Organizations Rosen, Bien, Galvan & Grunfeld
Class action status sought No
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief Attorneys fees
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Filing Year 2007
Case Closing Year 2011
Case Ongoing No
Additional Resources
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  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

  Prison Legal News Homepage
Prison Legal News
By: Prison Legal News
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
Verified Petition for Injunctive and Declaratory Relief
PC-CA-0042-0001.pdf | Detail
Date: 12/18/2007
Order Directing Disclosure of Public Records
PC-CA-0042-0002.pdf | External Link | Detail
Date: 12/23/2009
Source: Prison Legal News
Settlement Agreement and Stipulation re Petitioner's Entitlement to Attorney's Fees
PC-CA-0042-0003.pdf | Detail
Date: 08/29/2010
Judges Chang, Shelleyanne W. L. (State Trial Court)
PC-CA-0042-0002
Plaintiff's Lawyers Galvan, Ernest (California)
PC-CA-0042-0003
Rifkin, Lori Ellen (California)
PC-CA-0042-0001
Rosen, Sanford Jay (California)
PC-CA-0042-0001
Walczak, Kenneth M. (California)
PC-CA-0042-0001 | PC-CA-0042-0003
Whelan, Amy E. (California)
PC-CA-0042-0001
Defendant's Lawyers Brown, Edmund G. Jr. (California)
PC-CA-0042-0003
Woods, Douglas J. (California)
PC-CA-0042-0003
Other Lawyers Wright, Paul (Washington)
PC-CA-0042-0001

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