University of Michigan Law School
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Case Name McKibben v. McMahon JC-CA-0109
Docket / Court 5:14-cv-02171 ( C.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Attorney Organization ACLU of Southern California
Case Summary
On October 22, 2014, a class of prisoners from San Bernardino County Jail filed suit in the U.S. District Court for the Central District of California, under 42 U.S.C. §1983 and various state laws, against the San Bernardino County Sheriff's Department and San Bernardino County. The plaintiffs, ... read more >
On October 22, 2014, a class of prisoners from San Bernardino County Jail filed suit in the U.S. District Court for the Central District of California, under 42 U.S.C. §1983 and various state laws, against the San Bernardino County Sheriff's Department and San Bernardino County. The plaintiffs, represented by private counsel and the ACLU of Southern California, sought damages, injunctive relief, and attorney's fees, alleging "systematic discrimination and denial of equal treatment" experienced by gay, lesbian, and transgender prisoners from San Bernardino County Jail. More specifically, the inmates argued that inmates who identified as gay, lesbian, or transgender were transferred and isolated from the general population, where they were denied equal access to opportunities to reduce their sentences, services, and programs and facilities. The inmates also alleged that they were often treated in an abusive and neglectful manner, being subject to derogatory name-calling and severe disciplinary measures.

The plaintiffs filed an amended complaint on January 14, 2015, and a second amended complaint on May 20. The plaintiffs sought to define the following four classes:

The California Damages Class consisting of "individuals who currently are, were in the past (within six months prior to the filing of Veronica Pratt’s Govt. Code §910 claim), or will be in future (until such time as the unlawful policies and practices cease or judgment is entered in this case), GBT inmates housed in the ALT."

The Federal Damages Class consisting of: "individuals who currently are, were in the past (within two years of the filing of this complaint) or will be in future (until such time as the unlawful policies and practices cease or judgment is entered in this case), GBT inmates housed in the ALT."

The California Injunctive Relief Class consisting of "individuals who currently are, or in the future without the intervention of this Court will be, GBT inmates housed in the ALT and subject to the unlawful treatment set forth in this Complaint."

The Federal Injunctive Relief Class consisting of "individuals who currently are, or in the future without the intervention of this court will be, GBT inmates housed in the ALT and subject to the unlawful treatment set forth in this Complaint."

Litigation and discovery continued as the parties progressed toward trial. As of March 2018, the case was ongoing without a ruling on the class certification.

Priyah Kaul - 10/29/2014
Virginia Weeks - 03/24/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Equal Protection
Defendant-type
Corrections
Discrimination-basis
Gender identity
Sexual orientatation
General
Administrative segregation
Assault/abuse by staff
Classification / placement
Conditions of confinement
Disciplinary procedures
Gay/lesbian/transgender
Law library access
Recreation / Exercise
Sanitation / living conditions
Totality of conditions
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
State law
Defendant(s) San Bernardino County Jail
San Bernardino County Sheriff
Plaintiff Description Gay, lesbian, and transgender prisoners at San Bernardino County Jail.
Indexed Lawyer Organizations ACLU of Southern California
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Docket(s)
5:14-cv-02171 (C.D. Cal.)
JC-CA-0109-9000.pdf | Detail
Date: 01/29/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint for Damages and Injunctive Relief [ECF# 1]
JC-CA-0109-0001.pdf | Detail
Date: 10/22/2014
Source: PACER [Public Access to Court Electronic Records]
Class Action Second Amended Complaint for Damages and Injunctive Relief [ECF# 37]
JC-CA-0109-0002.pdf | Detail
Date: 05/20/2015
Source: PACER [Public Access to Court Electronic Records]
Judges Bernal, Jesus Gilberto (C.D. Cal.)
JC-CA-0109-9000
Pym, Sheri Court not on record [Magistrate]
JC-CA-0109-9000
Plaintiff's Lawyers Battles, Lindsay B. (California)
JC-CA-0109-0002 | JC-CA-0109-9000
Eliasberg, Peter J. (California)
JC-CA-0109-0001 | JC-CA-0109-0002 | JC-CA-0109-9000
Fruitwala, Aditi (California)
JC-CA-0109-9000
Goad, Amanda C. (California)
JC-CA-0109-9000
Goodman, Melissa (California)
JC-CA-0109-0001 | JC-CA-0109-0002 | JC-CA-0109-9000
Hamme, Brendan (California)
JC-CA-0109-0001 | JC-CA-0109-0002 | JC-CA-0109-9000
Kaye, Ronald O. (California)
JC-CA-0109-0001 | JC-CA-0109-0002 | JC-CA-0109-9000
Litt, Barrett S. (California)
JC-CA-0109-0001 | JC-CA-0109-0002 | JC-CA-0109-9000
McLane, David S. (California)
JC-CA-0109-0001 | JC-CA-0109-0002 | JC-CA-0109-9000
Defendant's Lawyers Coleman, Susan E. (California)
JC-CA-0109-9000
Kim, Christopher Taewoo (California)
JC-CA-0109-9000
Oyster, Nathan A (California)
JC-CA-0109-9000

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