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Case Name Anderson v. Kern County JC-CA-0068
Docket / Court 1:90-cv-00205-GEB-JFM ( E.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Special Collection California Jail Population Caps
Attorney Organization Hadsell, Stormer & Renick
Prisoners Rights Union
Case Summary
Because this case predates pacer, we have limited information on what occurred.

On April 9th, 1990, prisoners in Kern County filed a complaint in the Eastern District of California against the county. Their team of attorneys from private firms and the Prisoner Rights Union filed the ... read more >
Because this case predates pacer, we have limited information on what occurred.

On April 9th, 1990, prisoners in Kern County filed a complaint in the Eastern District of California against the county. Their team of attorneys from private firms and the Prisoner Rights Union filed the complaint under 48 USC §1983 based on the plaintiffs' first, fourth, eighth, and fourteenth amendment rights. The complaint revolved around allegedly inadequate conditions. The plaintiffs claimed that overcrowding led to issues with inedible food, not enough beds for prisoners to sleep, inadequate medical and mental health care, and other poor living conditions. The plaintiffs sought injunctive relief and attorney’s fees from the county.

The plaintiffs requested a preliminary injunction and class certification along with their initial complaint. Judge Garland Burrell certified the class on March, 21st 1991. He also granted the preliminary injunction on October 2nd, 1990. The order for preliminary injunction required the defendant to maintain a cap on their prison population, provide all prisoners with beds, give certain prisoners access to day rooms, and changes in their processing procedures. This preliminary injunction was modified for unknown reasons in unknown ways before the trial.

A jury trial lasted from May, 1991 to June, 1991. The available documents do not indicate exactly what this trial was about or what the outcome was.

On October 8th, 1992 the court granted plaintiffs' request for a permanent injunction. This injunction ordered defendants to give all prisoners better access to the law library, place a cap on inmate populations, have more staff on duty, have translators on staff when inmates who request them were seeking medical or mental health services, allow certain inmates in administrative segregation better access to exercise equipment, and ensure all the prisoners get beds. However, the district court refused to order the defendants to stop using padded safety cells for suicidal inmates. On September 30th, 1996 Judge Burrell awarded the plaintiffs attorney fees in the amount of $380,451.08

The defendants and plaintiffs filed cross-appeals to the 9th circuit court two months later. The plaintiff’s appealed the court’s refusal to bar the use of safety cells. The defendants appealed the district court’s order for the exercise policy to be changed and for the prison to provide non-inmate translators.

On appeal the 9th circuit court affirmed the lower court’s decision in part and reversed the decision in part. It affirmed the lower court’s decisions with regards to the safety cells and the non-inmate translators and reversed the lower court’s decision regarding the exercise policy. After this appeal, there was further litigation about more attorney’s fees, but this was dropped from the calendar and the case was dismissed with prejudice on February 9th, 1998.

The case is now closed.

- 07/03/2012
Sarah Reasoner - 02/21/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Content of Injunction
Hire
Recordkeeping
Crowding
Crowding / caseload
Pre-PLRA Population Cap
Defendant-type
Corrections
General
Conditions of confinement
Disciplinary procedures
Disciplinary segregation
Restraints : physical
Suicide prevention
Medical/Mental Health
Medical care, general
Mental health care, general
Self-injurious behaviors
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) County of Kern
Plaintiff Description Prisoners in Kern County
Indexed Lawyer Organizations Hadsell, Stormer & Renick
Prisoners Rights Union
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Filing Year 1990
Case Closing Year 1998
Case Ongoing No
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
1:90-cv-00205-GEB -JFM (E.D. Cal.)
JC-CA-0068-9000.pdf | Detail
Date: 02/09/1998
Source: PACER [Public Access to Court Electronic Records]
General Documents
First Amended Complaint for Declaratory and Injunctive Relief
JC-CA-0068-0002.pdf | Detail
Date: 08/01/1990
Source: District Court
Order (E.D. Cal.)
JC-CA-0068-0003.pdf | Detail
Date: 09/28/1990
Source: District Court
Order (E.D. Cal.)
JC-CA-0068-0004.pdf | Detail
Date: 03/22/1991
Source: District Court
Order (E.D. Cal.)
JC-CA-0068-0005.pdf | Detail
Date: 03/25/1991
Source: District Court
Order (E.D. Cal.)
JC-CA-0068-0006.pdf | Detail
Date: 03/27/1991
Source: District Court
Findings and Recommendations (E.D. Cal.)
JC-CA-0068-0007.pdf | Detail
Date: 11/02/1991
Source: District Court
Order and Permanent Injunction (E.D. Cal.)
JC-CA-0068-0008.pdf | Detail
Date: 10/08/1992
Source: District Court
Judgment in a Civil Case (E.D. Cal.)
JC-CA-0068-0009.pdf | Detail
Date: 10/26/1992
Source: District Court
Stipulation and Order (E.D. Cal.)
JC-CA-0068-0010.pdf | Detail
Date: 11/09/1992
Source: District Court
[Ninth Circuit] Opinion [Affirming in Part and Reversing in Part] (45 F.3d 1310)
JC-CA-0068-0001.pdf | WESTLAW| LEXIS | Detail
Date: 01/13/1995
show all people docs
Judges Burrell, Garland Ellis Jr. (E.D. Cal.) show/hide docs
JC-CA-0068-0008 | JC-CA-0068-0010 | JC-CA-0068-9000
Coyle, Robert Everett (E.D. Cal.) show/hide docs
JC-CA-0068-0003 | JC-CA-0068-0004 | JC-CA-0068-0005 | JC-CA-0068-0006
Moulds, John F. (E.D. Cal.) [Magistrate] show/hide docs
JC-CA-0068-0003 | JC-CA-0068-0006 | JC-CA-0068-0007 | JC-CA-0068-9000
Poole, Cecil F. (N.D. Cal., Ninth Circuit) show/hide docs
JC-CA-0068-0001
Plaintiff's Lawyers Berry, Gina S. (California) show/hide docs
JC-CA-0068-9000
Comiskey, Paul Wayne (California) show/hide docs
JC-CA-0068-0002 | JC-CA-0068-0010 | JC-CA-0068-9000
Derevan, Richard (California) show/hide docs
JC-CA-0068-0010 | JC-CA-0068-9000
Fabricant, Deborah (California) show/hide docs
JC-CA-0068-0010 | JC-CA-0068-9000
Herman, Richard P. (California) show/hide docs
JC-CA-0068-0002 | JC-CA-0068-0010 | JC-CA-0068-9000
Persons, Paul Turner (California) show/hide docs
JC-CA-0068-0002 | JC-CA-0068-0010 | JC-CA-0068-9000
Rosen, Sanford Jay (California) show/hide docs
JC-CA-0068-9000
Sala, H. A. (California) show/hide docs
JC-CA-0068-0002 | JC-CA-0068-0010 | JC-CA-0068-9000
Stormer, Dan Lewis (California) show/hide docs
JC-CA-0068-0002 | JC-CA-0068-0010 | JC-CA-0068-9000
Webb, Michael Joseph (California) show/hide docs
JC-CA-0068-0002 | JC-CA-0068-0010 | JC-CA-0068-9000
Defendant's Lawyers Barmann, Bernard Charles (California) show/hide docs
JC-CA-0068-0006 | JC-CA-0068-9000
Gallagher, Holly (California) show/hide docs
JC-CA-0068-0010 | JC-CA-0068-9000
Hagar, John H. Jr. (California) show/hide docs
JC-CA-0068-0006 | JC-CA-0068-9000

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