On November 1, 1978, prisoners at the Tulare County Jail filed a class action lawsuit in the Superior Court of California against the County of Tulare and several of its officers. The plaintiffs brought suit under 42 U.S.C. § 1983 and state law, challenging their conditions of confinement. Specifically, they complained of unconstitutional overcrowding and unsanitary conditions, inadequate medical and dental care, failure to provide a law library and meaningful access to the courts, failure to provide educational, rehabilitative or vocational training programs, inadequate provisions for visitation, failure to properly segregate the prisoner population, inadequate and unsanitary meals, failure to advise prisoners of jail regulations, and lack of access to voter registration. Plaintiffs sought declaratory and injunctive relief.

On January 17, 1979, the defendants filed a general demurrer, and on March 19, the trial court granted it, dismissing the complaint without leave to amend. It found that there was no community of interest among the members of the proposed class and that declaratory relief was not necessary or proper when habeas relief would be more quick and efficient.

The plaintiffs appealed, and on January 5, 1982, the California Court of Appeal (Associate Justice Baca) reversed the trial court's judgment, holding that plaintiffs had standing and that declaratory relief was proper. , 180 Cal. Rptr. 347 (Cal. Ct. App. 1982). It directed the trial court to allow plaintiffs to amend their pleadings.

As of the date of this summary, we have no information about subsequent developments in this case.

Christopher Schad - 08/21/2012


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