University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Topete v. County of San Bernardino JC-CA-0125
Docket / Court 5:16-cv-00355 ( C.D. Cal. )
State/Territory California
Case Type(s) Jail Conditions
Attorney Organization Prison Law Office
Case Summary
On February 29th, 2016, a convicted prisoner filed a class action against the San Bernardino County. The lawsuit was filed pursuant to the 42 U.S.C.§1983 and the Eighth and Fourteenth Amendments to the United States Constitution, the Americans with Disabilities Act (ADA), the Rehabilitation Act. ... read more >
On February 29th, 2016, a convicted prisoner filed a class action against the San Bernardino County. The lawsuit was filed pursuant to the 42 U.S.C.§1983 and the Eighth and Fourteenth Amendments to the United States Constitution, the Americans with Disabilities Act (ADA), the Rehabilitation Act. The lawsuit was filed in the U.S. District Court for the Central District of California.

The plaintiffs alleged that the county is violating the Fourteenth Amendment and Eighth Amendment rights of the nearly 6,000 people it incarcerates in its jails. Specifically, the plaintiffs alleged that the jail medical, mental health, and dental care is so deficient; jail staff uses excessive force against people and fails to take the basic steps to prevent violence; jail staff discriminates against people with disabilities by locking them in housing units inaccessible to toilets and by locking people with mental health problems in tiny cells for 22 hours a day.

Plaintiffs seek a declaration that San Bernardino County’s ongoing practices violate their constitutional and statutory rights, and seek injunctive relief compelling the county to address the issues alleged by providing adequate health care, protecting people from violence, providing equal access to programs, services, and activities, and ceasing the excessive use of force.

The litigation is still in its early stages.

Sihang Zhang - 10/16/2016


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Constitutional Clause
Cruel and Unusual Punishment
Equal Protection
Defendant-type
Corrections
Disability
Mental impairment
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Conditions of confinement
Medical/Mental Health
Dental care
Medical care, general
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) County of San Bernardino
Plaintiff Description a convicted prisoner and a pretrail detainee with disability
Indexed Lawyer Organizations Prison Law Office
Class action status sought Yes
Class action status granted Unknown
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Order Duration 2016 - n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
  Bravo v. Board of Commissioners of Dona Ana County
http://www.bazelon.org/
Date: 2017
By: The Bazelon Center (The Bazelon Center)
[ Detail ] [ External Link ]

Docket(s)
5:16-cv-00355 (C.D. Cal.)
JC-CA-0125-9000.pdf | Detail
Date: 09/25/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action First Amended Class Action Complaint for Injunctive and Declaratory Relief [ECF# 29]
JC-CA-0125-0002.pdf | Detail
Date: 09/30/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Bristow, David T. (C.D. Cal.) [Magistrate]
JC-CA-0125-9000
Phillips, Virginia A. (C.D. Cal.)
JC-CA-0125-9000
Plaintiff's Lawyers Knapp, Kelly Jean (California)
JC-CA-0125-9000
Mendelson, Margot Knight (California)
JC-CA-0125-0002 | JC-CA-0125-9000
Specter, Donald H. (California)
JC-CA-0125-0002 | JC-CA-0125-9000
Defendant's Lawyers Dodd, Martin H. (California)
JC-CA-0125-9000
Dupree, Jamie L (California)
JC-CA-0125-9000
Kowalski, Miles (California)
JC-CA-0125-9000
Touchstone, Jaime Godin (California)
JC-CA-0125-9000

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -