University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name Olivier v. Molina JC-CA-0106
Docket / Court 2:08-cv-07169-JFW-AGR ( C.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Case Summary
On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff ... read more >
On October 30, 2008, a pre-trial detainee of the Los Angeles City Central Jail filed a pro se complaint in the U.S. District Court for the Central District of California against Los Angeles County officials, the Los Angeles County Sheriff, and a medical doctor that served the jail. The plaintiff alleged that the conditions of confinement, specifically lack of a bed and infestation, violated his constitutional rights. Additionally, the plaintiff alleged he was denied prompt medical care when the defendant doctor failed to supply prescribed medication for 43 days. The plaintiff sought compensatory damages in the amount of $33,000 and punitive damages in the amount of $333,000.

The plaintiff had entered jail custody in July 2006, and as he was being processed, there was a string of racially charged violent disturbances at several jail facilities. Officials locked down multiple facilities, which delayed in-processing. As a result, the plaintiff was held at a facility without sufficient bench space for sleeping, and no beds or mattresses. He slept on the floor.

On November 9, 2009, the defendants filed a motion to dismiss on the grounds that the plaintiff failed to exhaust his administrative remedies, which the Magistrate Judge Alicia G. Rosenberg recommended be granted in part and denied in part. On June 6, 2010, the District Court (Judge John F. Walter) adopted the Magistrate Judge's report and dismissed all claims except the claim against the Sheriff in his individual and official capacities for failure to provide adequate sleeping accommodations.

On September 14, 2010, the plaintiff filed a second amended complaint against the Los Angeles County Sheriff in his official and individual capacities, alleging substantively the same claims for conditions of confinement. In response to the defendants' motion to dismiss the Second Amended complaint, the District Court dismissed all claims except the claim against the Sheriff in his individual capacity for failure to provide adequate sleeping conditions.

On April 30, 2013, the defendant filed a motion for summary judgment on the remaining claim. A magistrate judge found that the newly supplemented record demonstrated that the Los Angeles County jail had faced difficult exigent circumstances in the aftermath of the disturbances and lockdown, and that this meant there had been no constitutional violation. The District Court agreed, dismissing the case on July 18, 2013. 2013 WL 3791419.

Plaintiff appealed, and On July 30, 2013, the plaintiff filed a notice of appeal to the Ninth Circuit. After appointing counsel to represent the plaintiff pro bono, on January 11, 2019, the Court of Appeals affirmed in an opinion by Judge Consuelo Callahan. Olivier v. Baca, 913 F.3d 852 (9th Cir. 2019). In light of the exigent circumstances, the opinion explained, there was no constitutional violation--and the sheriff was entitled to qualified immunity.

Anjali Biala - 11/07/2013
Will McCartney - 03/22/2018
- 11/04/2019


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Equal Protection
General
Conditions of confinement
Sanitation / living conditions
Totality of conditions
Unconstitutional conditions of confinement
Medical/Mental Health
Medication, administration of
Plaintiff Type
City/County Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Los Angeles County Jail
Plaintiff Description California County Jail seeks 42 USC 1983 relief after jail officials allegedly deprived him of basic needs, such as adequate sleep conditions and outdoor exercise.
Class action status sought No
Class action status granted No
Filed Pro Se Yes
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filed 10/30/2008
Case Ongoing Yes
Additional Resources
click to show/hide detail
  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
2:08-cv-07169 (C.D. Cal.)
JC-CA-0106-9000.pdf | Detail
Date: 01/04/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Civil Rights Complaint Pursuant to 42 U.S.C. § 1983 [ECF# 3]
JC-CA-0106-0001.pdf | Detail
Date: 11/07/2008
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 16]
JC-CA-0106-0002.pdf | Detail
Date: 08/12/2009
Source: PACER [Public Access to Court Electronic Records]
Defendants' Notice of Motion and Motion to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities and Declaration of Deputy Kevin Kelley in Support Thereof [ECF# 39]
JC-CA-0106-0006.pdf | Detail
Date: 11/09/2009
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 89]
JC-CA-0106-0003.pdf | Detail
Date: 08/23/2010
Source: PACER [Public Access to Court Electronic Records]
Corrected Second Amended Complaint [ECF# 92]
JC-CA-0106-0004.pdf | Detail
Date: 09/14/2010
Source: PACER [Public Access to Court Electronic Records]
Certification Pursuant to Fed.R.Civ.P 37(a)(2)(A)(B) [ECF# 108]
JC-CA-0106-0005.pdf | Detail
Date: 07/28/2011
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 56] (913 F.3d 852)
JC-CA-0106-0007.pdf | WESTLAW| LEXIS | Detail
Date: 01/11/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Rosenberg, Alicia G. (C.D. Cal.) [Magistrate] show/hide docs
JC-CA-0106-9000
Walter, John F. (C.D. Cal.) show/hide docs
JC-CA-0106-9000
Defendant's Lawyers Beach, Paul B (California) show/hide docs
JC-CA-0106-9000
Lee, Daniel (California) show/hide docs
JC-CA-0106-0006 | JC-CA-0106-9000
Zuiderweg, Alexandra B (California) show/hide docs
JC-CA-0106-9000

- click to show/hide ALL -

new search
page permalink

- top of page -