On February 14, 2008, a pretrial detainee filed a lawsuit in the United States District Court for the Northern District of California under 42 U.S.C. § 1983 against Transcor America, LLC. The plaintiff, represented by private counsel, asked the court for declaratory and injunctive relief, and compensatory and punitive damages. Plaintiff claimed that the defendant's policy, practice, or custom of transporting pretrial detainees and prisoners in poor conditions amounted to cruel and unusual punishment. Specifically, plaintiff claimed that Transcor America's transported pretrial detainees and prisoners in small metal cages in which the prisoner could neither stand up nor lie down, for more than 24 hours at a time, handcuffed, chained, and in shackles. In addition, Transcor was accused of failing to provide pretrial detainees and prisoners with adequate foods fluids, exercise, hygiene, and medical care.
Plaintiff also claims that after four days of traveling, two individual defendants sprayed him with pepper spray in his face, and then walked him into poles, and, along with an unknown Transcor employee, punched him. Plaintiff was not allowed to shower or change clothes or see a nurse or a doctor until approximately two days later. Plaintiff initiated this action pro se on behalf of himself and all persons similarly situated.
On August 11, 2008, the United States District Court for the Northern District of California (Judge Susan Illston), granted part of the defendant's motion to dismiss the complaint, and denied part of the defendant's motion. Schilling v. Transcor America, 2008 U.S. Dist. LEXIS 64016.
On October 14, 2009, the United Stated District Court for the Northern District of California (Judge Illston) denied the defendants' motion to transfer venue and granted the plaintiffs' motion to file a second amended complaint. Schilling v. Transcor America, 2009 U.S. Dist. LEXIS 100447.
On February 16, 2010, the Court (Judge Illston), granted the plaintiff's motion for class certification. Schilling v. Transcor America, U.S. Dist. LEXIS 20786.
On April 21, 2011, the United States Court of Appeals for the Ninth Circuit, (Judges Raymond Fisher and Milan Smith Jr.) denied defendants' petition to appeal the District Court's class action certification, and on January 24, 2011, the United States Supreme Court denied defendants' petition for writ of certiorari. Transcor v. Schilling, 131 S. Ct. 1044, 2011.
The parties are presently engaged in briefing on cross-motions for summary judgment. Denise Heberle - 08/03/2012