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Case Name Jewett v. California Forensic Medical Group JC-CA-0126
Docket / Court 2:13-cv-00882-MCE-AC ( E.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Jail Conditions
Special Collection Post-WalMart decisions on class certification
Case Summary
On May 6, 2013, a prisoner with limited mobility disability filed this class action lawsuit in the US Federal District Court for the Eastern District of California. The plaintiff sued California Forensic Medical Group and Shasta County Sheriff's Department under the American with Disabilities Act, ... read more >
On May 6, 2013, a prisoner with limited mobility disability filed this class action lawsuit in the US Federal District Court for the Eastern District of California. The plaintiff sued California Forensic Medical Group and Shasta County Sheriff's Department under the American with Disabilities Act, Section 504 of the Rehabilitation Act, and state law. This case was assigned to Chief Judge Morrison C. England, Jr and Magistrate Judge Allison Claire.

This petition began as a pro se civil complaint, where the plaintiff claimed that he was mistreated while he was an inmate at Shasta County Jail. As an inmate with a documented mobility disability, he was not placed in areas that accommodated his needs. He complained of being placed on a top bunk six feet off the ground and on the second floor of a cell block that required him to go up and down stairs. In an attempt to help prisoners with a medical disability, the defendant placed the plaintiff in administrative segregation, which prevented him and other medical inmates from using a dayroom, going to religious services, and engaging in other prison activities. Furthermore, whenever he would submit written complaints about this grievance, there was no judicial process for reviewing—the requests were simply denied.

While in prison the plaintiff filed this civil complaint, and subsequent first, second, and third amended complaints. After filing the third amended complaint in March 2014, the plaintiff was released from prison and obtained counsel to represent him, submitting a fourth amended complaint. Plaintiff also acquired counsel from the Disability Rights Legal Center. The parties moved to discovery, after which the plaintiff filed a fifth amended complaint.

Then, on January 27, 2017, the plaintiff moved to certify a class defined as “[a]ll current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications, services, and and/or physical access in accordance with federal and state disability laws." On March 13, 2017, Magistrate Judge Claire recommended that this motion be granted. Adopting this recommendation in full, Judge England granted class certification on April 5, 2017.

Over the summer, the parties reached a settlement. On August 11, 2017, the parties filed a memorandum with the court outlining the settlement agreement. Principally, the agreement required that the defendants and class counsel to agree on reforms to jail conditions for prisoners with mobility disabilities. This would include reforming the prisoners' access to grievance forms and daily living. These policies were to be offered by experts in the area of disability and accessibility. In addition, the defendants were to be monitored during the two year term of the agreement to ensure compliance and were required to adopt an improved grievance/dispute resolution process, disclose these new policies to relevant class members, train jail staff in the administration of the new policies, and provide their own reports on the matter.

On January 23, 2018, the parties jointly moved for preliminary approval of the class action settlement and for certification of the settlement class. On March 21, 2018, the court granted preliminary approval and set a fairness hearing for final approval for June 28, 2018.

On April 11, 2018, the plaintiff filed a motion for attorneys’ fees in the amount of $1,778,254.65. The court has not yet ruled on this motion. As of June 22, the case is ongoing.

Erica Christianson - 09/27/2016
Jake Parker - 06/22/2018


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Issues and Causes of Action
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Issues
Content of Injunction
Develop anti-discrimination policy
Implement complaint/dispute resolution process
Monitor/Master
Monitoring
Reasonable Accommodation
Recordkeeping
Reporting
Required disclosure
Training
Defendant-type
Corrections
Hospital/Health Department
Disability
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Administrative segregation
Conditions of confinement
Confinement/isolation
Failure to train
Grievance Procedures
Placement in detention facilities
Reasonable Accommodations
Reasonable Modifications
Solitary confinement/Supermax (conditions or process)
Staff (number, training, qualifications, wages)
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
State law
Defendant(s) California Forensic Medical Group
Shasta County
Plaintiff Description All current and future detainees and prisoners at Shasta County Jail with mobility disabilities who, because of their disabilities, need appropriate accommodations, modifications, services, and and/or physical access in accordance with federal and state disability laws.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Declaratory Judgment
Attorneys fees
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2018 - 2020
Filing Year 2013
Case Closing Year 2020
Case Ongoing Yes
Docket(s)
2:13−cv−00882−MCE−AC (E.D. Cal.)
JC-CA-0126-9000.pdf | Detail
Date: 06/20/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
JC-CA-0126-0001.pdf | Detail
Date: 05/06/2013
Source: PACER [Public Access to Court Electronic Records]
Order to amend Second Amended Complaint [ECF# 11] (C.D. Cal.)
JC-CA-0126-0003.pdf | Detail
Date: 01/21/2014
Source: PACER [Public Access to Court Electronic Records]
Fifth Amended Complaint [ECF# 65]
JC-CA-0126-0002.pdf | Detail
Date: 06/02/2016
Source: PACER [Public Access to Court Electronic Records]
Order and Amended Findings and Recommendations [ECF# 90] (2017 WL 980446)
JC-CA-0126-0004.pdf | WESTLAW | Detail
Date: 03/13/2017
Source: PACER [Public Access to Court Electronic Records]
Order [ECF# 96] (2017 WL 1356054) (E.D. Cal.)
JC-CA-0126-0005.pdf | WESTLAW | Detail
Date: 04/05/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Understanding Regarding Settlement and Class Action Settlement Agreement and Release of Claims [ECF# 116]
JC-CA-0126-0006.pdf | Detail
Date: 08/11/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Claire, Allison Court not on record [Magistrate]
JC-CA-0126-0003 | JC-CA-0126-0004 | JC-CA-0126-9000
England, Morrison C. Jr. (E.D. Cal.)
JC-CA-0126-0005 | JC-CA-0126-9000
Plaintiff's Lawyers Atabek, Jon Ali (California)
JC-CA-0126-0002 | JC-CA-0126-0006 | JC-CA-0126-9000
Barajas, Maronel (California)
JC-CA-0126-0006 | JC-CA-0126-9000
Gibson, Jonathan (California)
JC-CA-0126-9000
Gooch, Joseph Taylor (California)
JC-CA-0126-0002 | JC-CA-0126-0006 | JC-CA-0126-9000
Janssen, Kara J. (California)
JC-CA-0126-0002 | JC-CA-0126-9000
Krishnan, Ajay (California)
JC-CA-0126-0002 | JC-CA-0126-0006 | JC-CA-0126-9000
Muzzio, Franco E. (California)
JC-CA-0126-9000
Ragland, Steven P (California)
JC-CA-0126-0002 | JC-CA-0126-0006 | JC-CA-0126-9000
Rivera, Anna Mercedes (California)
JC-CA-0126-0002 | JC-CA-0126-0006 | JC-CA-0126-9000
Sepler-King, Mallory L. (California)
JC-CA-0126-9000
Defendant's Lawyers Brickwood, Gary Charles (California)
JC-CA-0126-0006 | JC-CA-0126-9000
Varanini, Jerome Martin (California)
JC-CA-0126-0006 | JC-CA-0126-9000

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