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Case Name Hall v. Mims JC-CA-0069
Docket / Court 1:11-cv-02047-LJO-BAM ( E.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Special Collection California Jail Population Caps
California's Prisoners' Rights Bar article
Post-PLRA enforceable consent decrees
Attorney Organization NDRN/Protection & Advocacy Organizations
Prison Law Office
Case Summary
On December 13, 2011, four inmates of the Fresno County Adult Detention Facilities filed a class action complaint in the U.S. District Court for the Eastern District of California. The plaintiffs sued the Fresno County Sheriff's Office under 42 U.S.C. § 1983. 2011 WL 11557976. The plaintiffs, ... read more >
On December 13, 2011, four inmates of the Fresno County Adult Detention Facilities filed a class action complaint in the U.S. District Court for the Eastern District of California. The plaintiffs sued the Fresno County Sheriff's Office under 42 U.S.C. § 1983. 2011 WL 11557976. The plaintiffs, represented by the Prison Law Office, Disability Rights California, and private counsel, sought injunctive and declaratory relief. The plaintiffs claimed that the defendant violated prisoners' Constitutional rights by failing to provide minimally adequate health care and failing to protect prisoners from injury and violence from other prisoners.

The case was assigned to Judge Lawrence J. O'Neill and Magistrate Judge Barbara A. McAuliffe. On January 25, 2012, the plaintiffs amended their complaint to add three individual plaintiffs to the suit, and brought additional claims against the defendants under the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The plaintiffs also expanded the scope of the injunctive relief requested, seeking the compulsion of reasonable accommodations to prisoners with disabilities.

The defendants moved to dismiss the amended complaint due to failure to state a claim for which the court could provide a remedy. Judge O'Neill denied this motion on May 16, 2012, finding that the plaintiffs' complaint had sufficiently pleaded their claims. 2012 WL 1799179.

The parties stipulated to and the Court ordered the substitution of the individual defendants with the county of Fresno on November 16, 2012. This stipulation also dismissed the claims of three of the named plaintiffs, without prejudice.

On May 28, 2015, the parties filed a joint motion for preliminary approval of the consent decree they had drafted. The parties agreed to an extensive remedial plan to be implemented by the defendants covering all of the substantive areas in dispute: health care, personal safety, and disability discrimination. The plaintiffs' counsel agreed to be responsible for monitoring compliance with the consent decree and the remedial plan. The decree was court enforceable, and the parties agreed it would last for four years after its approval -- unless the court earlier determined that the defendants were in substantial
compliance, or it was extended based on non-compliance. The defendant also agreed to pay the plaintiffs' counsel $900,000 in attorneys' fees and $40,000 per year for monitoring fees and expenses. On July 21, 2015, Judge O'Neill preliminarily approved the settlement, setting it for a fairness hearing at the end of September.

That hearing was held before Magistrate Judge McAuliffe on September 28, 2015; on October 7, 2015, she recommended approval of the decree without amendment. 2015 WL 5916741. On November 2, 2015, Judge O'Neill adopted Magistrate Judge McAuliffe's recommendations in full, granted final approval to the consent decree, granted certification of the settlement class, approved attorneys' fees for class counsel, and retained jurisdiction for monitoring of the consent decree. The class was defined as "all prisoners who are now, or at some time in the future during the terms of this Consent Decree are, incarcerated in the Fresno County Jail."

On December 11, 2015, Magistrate Judge McAuliffe denied a motion to unseal court records filed by a non-party to this action and sought support for a separate civil rights action against the Fresno County Jail. 2015 WL 13236882. She found that compelling reasons to keep them sealed, such as potential prejudice to the defendants if expert reports were unsealed, outweighed any minimal prejudice to the non-party. On February 1, 2016, she denied the non-party's motion for reconsideration. 2016 WL 374550. On February 12, 2016, the non-party sought a writ of mandamus from the Ninth Circuit, which was denied on April 4, 2016.

On February 11, 2016, Judge O'Neill granted the parties' joint request for appointment of a court expert to complete a comprehensive review of the facilities and report on the County's progress regarding the remedial plan. A second expert was appointed on April 11, 2016.

On October 3, 2018, Judge O'Neill granted additional attorneys' fees to plaintiffs's counsel to compensate their monitoring work which had become more intensive than previously anticipated.

The case remains open until 2019 for monitoring of the consent decree.

Greg in den Berken - 06/08/2014
Jessica Kincaid - 10/14/2015
Veronica Portillo Heap - 11/21/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Content of Injunction
Develop anti-discrimination policy
Hire
Monitoring
Reporting
Crowding
Crowding / caseload
Defendant-type
Corrections
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Administrative segregation
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Classification / placement
Conditions of confinement
Counseling
Disciplinary segregation
Excessive force
Failure to train
Record-keeping
Restraints : physical
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Suicide prevention
Medical/Mental Health
Dental care
Medical care, general
Mental health care, general
Suicide prevention
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Declaratory Judgment Act, 28 U.S.C. § 2201
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) Fresno County Sheriff's Office
Plaintiff Description All adult men and women now, or in the future, in the custody of the Fresno County Sheriff and now, or in the future, subject to an unreasonable risk of harm due to the following policies and practices: (a) Denial of minimally adequate medical care, (b) Denial of minimally adequate mental health care, (c) Denial of minimally adequate dental care, and (d) Denial of protection from injury and violence from other prisoners.
Indexed Lawyer Organizations NDRN/Protection & Advocacy Organizations
Prison Law Office
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 Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2015 - 2019
Filing Year 2011
Case Ongoing Yes
Additional Resources
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Docket(s)
1:11-cv-02047-LJO-BAM (E.D. Cal.)
JC-CA-0069-9000.pdf | Detail
Date: 10/03/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
DOJ National Institute of Corrections Report [Jail and Justice System Assessment of Fresno County]
JC-CA-0069-0005.pdf | External Link | Detail
Date: 11/10/2006
Class Action Complaint for Injunctive and Declaratory Relief
JC-CA-0069-0001.pdf | Detail
Date: 12/13/2011
Source: Plaintiffs' counsel
First Amended Class Action Complaint for Injunctive and Declaratory Relief [ECF# 8]
JC-CA-0069-0003.pdf | Detail
Date: 01/25/2012
Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order [Dismissing Individual Defendants and Substituting County of Fresno, and Dismissing Certain Individual Plaintiffs Without Prejudice] [ECF# 55] (E.D. Cal.)
JC-CA-0069-0004.pdf | Detail
Date: 11/15/2012
Source: PACER [Public Access to Court Electronic Records]
Joint Notice of Motion and Motion for Preliminary Approval of Consent Decree and Notice to the Class [ECF# 112]
JC-CA-0069-0006.pdf | Detail
Date: 05/28/2015
Source: PACER [Public Access to Court Electronic Records]
Findings and Recommendations Granting Preliminary Approval of Class Action Settlement (E.D. Cal.)
JC-CA-0069-0007.pdf | Detail
Date: 07/01/2015
Source: Bloomberg Law
Order Adopting Findings and Recommendations in Full (E.D. Cal.)
JC-CA-0069-0008.pdf | Detail
Date: 07/21/2015
Source: Bloomberg Law
Findings and Recommendations Granting Final Approval of Class Action Settlement
JC-CA-0069-0009.pdf | Detail
Date: 10/07/2015
Source: Bloomberg Law
Order Adopting in Full the Findings and Recommendations Granting Approval of the Class Settlement and Granting in Full Plaintiff's Motion for Attorney Fees [ECF# 179] (E.D. Cal.)
JC-CA-0069-0010.pdf | Detail
Date: 11/02/2015
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges McAuliffe, Barbara A. (E.D. Cal.) show/hide docs
JC-CA-0069-0007 | JC-CA-0069-0009 | JC-CA-0069-9000
O'Neill, Lawrence Joseph (E.D. Cal.) show/hide docs
JC-CA-0069-0004 | JC-CA-0069-0008 | JC-CA-0069-0010 | JC-CA-0069-9000
Plaintiff's Lawyers Alger, Maureen P. (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-9000
Berk, Andrew N (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-9000
Bird, Melinda R. (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-0006 | JC-CA-0069-9000
Coelho, Monisha Ann (California) show/hide docs
JC-CA-0069-0004 | JC-CA-0069-9000
Hardy, Alison (California) show/hide docs
JC-CA-0069-9000
Kelley, Mary Kathryn (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-0006 | JC-CA-0069-9000
Kelly, Mary Kathryn (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-9000
Knapp, Kelly Jean (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-9000
Panchalam, Srividya Seshan (California) show/hide docs
JC-CA-0069-9000
Scherer, Rachel Ann (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-9000
Sherman, Monique R (California) show/hide docs
JC-CA-0069-9000
Sorrells, Shannon Leigh (California) show/hide docs
JC-CA-0069-0006 | JC-CA-0069-9000
Specter, Donald H. (California) show/hide docs
JC-CA-0069-0001 | JC-CA-0069-0003 | JC-CA-0069-0004 | JC-CA-0069-9000
Williams, Agnes Akabogu (California) show/hide docs
JC-CA-0069-9000
Defendant's Lawyers Cederborg, Daniel C. (California) show/hide docs
JC-CA-0069-9000
Linden, Michael Robert (California) show/hide docs
JC-CA-0069-9000
Stirrup, Adam Benjamin (California) show/hide docs
JC-CA-0069-0004 | JC-CA-0069-9000
Woods, Michael Gary (California) show/hide docs
JC-CA-0069-0004 | JC-CA-0069-0006 | JC-CA-0069-9000
Other Lawyers Navarro, Robert (California) show/hide docs
JC-CA-0069-9000

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