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Case Name Romero v. Securus Technologies, Inc. PC-CA-0075
Docket / Court 3:16-cv-01283-JM-MDD ( S.D. Cal. )
State/Territory California
Case Type(s) Prison Conditions
Case Summary
On May 27, 2016, former California state prisoners filed this class action lawsuit against Securus Technologies, Inc., a prison phone service provider, in the U.S. District for the Southern District Court of California. Represented by private counsel, the plaintiffs sought class action ... read more >
On May 27, 2016, former California state prisoners filed this class action lawsuit against Securus Technologies, Inc., a prison phone service provider, in the U.S. District for the Southern District Court of California. Represented by private counsel, the plaintiffs sought class action certification, declaratory, injunctive relief and monetary damages. The lawsuit asserted claims under the California Invasion of Privacy Act — which could bring statutory damages of $5,000 for every unlawfully recorded call — and also alleged negligence.

The complaint alleged that Securus recorded confidential attorney-client phone calls without permission of all parties and that Securus shared recordings with law enforcement personnel. Based on the the Intercept's article that 70 million phone call recordings were made by Securus, the plaintiffs estimated that half a million calls between public defenders and clients were unlawfully recorded each year.

The class was specified as all persons and his or her attorneys in California whose conversation was eavesdropped on or recorded by Securus from June 1, 2008 to May 27, 2016, without permission, while in custody of law enforcement officer or agency.
The plaintiffs sought declaratory, injunctive relief and monetary damages.

This case was assigned to Judge Jeffrey T. Miller. On July 5, 2016, the defendant moved to dismiss the complaint, claiming that plaintiffs lacked standing because their phone calls were not recorded and they are no longer in prison.

The plaintiffs filed the first amended complaint on July 26, 2016, which included additional causes of action, such as fraudulent concealment/intentional omission of material facts, fraud and intentional misrepresentation, unjust enrichment, and conversion. The defendants moved to dismiss this amended complaint on August 26, 2016.

On October 24, 2016, Judge Miller granted in part and denied in part the defendants' motion. 2016 WL 6157953. The court dismissed the plaintiffs’ conversion claim without leave to amend and dismissed the plaintiffs’ fourth cause of action for fraudulent misrepresentation with leave to amend. The court denied the remainder of the defendant’s motion. The plaintiffs timely amended the fourth cause of action in its second amended complaint on November 7, 2016. The defendant again moved to dismiss the second amended complaint on November 25, 2016.

On January 26, 2017, Judge Miller granted in part and denied in part the defendant's motion to dismiss the second amended complaint. The court held that the plaintiffs failed to satisfy Rule 9(b) and California law in alleging misrepresentations that defendant made. 2017 WL 385743.

On February 8, 2017, the plaintiffs filed a third amended complaint to satisfy the fraud claim under Rule 9(b).

As of February 17, 2017, this case is ongoing.

Susie Choi - 02/01/2017


compress summary

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Issues and Causes of Action
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Issues
General
Phone
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Securus Technologies, Inc.
Plaintiff Description Former prisoners at San Diego County detention facility were represented by Ronald A. Marron, Alexis Wood and Kas Gallucci of the Law Offices of Ronald A. Marron and Robert L. Teel, Law Office Of Robert L. Teel.
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
3:16−cv−01283−JM−MDD (S.D. Cal.)
PC-CA-0075-9000.pdf | Detail
Date: 02/08/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Damages and Injunctive Relief Pursuant to California Penal Code §636 and Based on Negligence [ECF# 1]
PC-CA-0075-0001.pdf | Detail
Date: 05/27/2016
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint [ECF# 8]
PC-CA-0075-0002.pdf | Detail
Date: 07/26/2016
Source: PACER [Public Access to Court Electronic Records]
Order Granting In Part And Denying In Part Defendant's Motion to Dismiss And Denying Defendant's Motion to Strike Class Action Allegations [ECF# 21] (2016 WL 6157953) (S.D. Cal.)
PC-CA-0075-0004.pdf | WESTLAW | Detail
Date: 10/24/2016
Source: PACER [Public Access to Court Electronic Records]
Second Amended Complaint [ECF# 22]
PC-CA-0075-0003.pdf | Detail
Date: 11/07/2016
Source: PACER [Public Access to Court Electronic Records]
Order Granting in Part and Denying in Part Defendant's Motion to Dismiss Second Amended Complaint [ECF# 29] (2017 WL 385743) (S.D. Cal.)
PC-CA-0075-0005.pdf | WESTLAW | Detail
Date: 01/26/2017
Source: PACER [Public Access to Court Electronic Records]
Third Amended Complaint [ECF# 30]
PC-CA-0075-0006.pdf | Detail
Date: 02/08/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Miller, Jeffrey T. (S.D. Cal.)
PC-CA-0075-0004 | PC-CA-0075-0005 | PC-CA-0075-9000
Plaintiff's Lawyers Marron, Ronald (California)
PC-CA-0075-0001 | PC-CA-0075-0002 | PC-CA-0075-0003 | PC-CA-0075-0006 | PC-CA-0075-9000
Resendes, Beatrice Skye (California)
PC-CA-0075-9000
Richards, William Bradford Jr. (California)
PC-CA-0075-9000
Teel, Robert (Washington)
PC-CA-0075-0001 | PC-CA-0075-0002 | PC-CA-0075-0003 | PC-CA-0075-0006 | PC-CA-0075-9000
Defendant's Lawyers Fox, Adam R. (California)
PC-CA-0075-9000

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