On December 19, 2018, a female inmate incarcerated in the Sacramento County Jail filed a class action complaint against the Sacramento County Sheriff, Sacramento County Sheriff’s Department, and the California Board of State and Community Corrections (BSCC) in the Superior Court of the State of California for the County of Sacramento. The plaintiff, who proposed a class of present and future female menstruating inmates incarcerated in the Sacramento County Jail, alleged that the Sheriff’s Department required women to pay 25 cents to the Department to get a tampon.

The plaintiff alleged violations of the California Constitution’s Equal Protection Clause and Due Process Clause and the California Penal Code 4025 (which grants Sheriffs the authority to operate a commissary at county jails). The plaintiff sought: (1) a temporary restraining order, preliminary injunction, and permanent injunction restraining the Defendants from charging money to female inmates for tampons; (2) an order compelling the Defendants to comply with the California Constitution; (3) an order compelling the Defendants to freely issue sanitary napkins and tampons as needed to female inmates; (4) an order compelling BSCC to direct all California County Sheriff’s Departments and/or County Jails to provide menstruation products to inmates without charge; (5) an order declaring that California Penal Code Section 4025 does not allow Sheriffs to charge women inmates for tampons; (6) attorneys’ fees and costs.

As of April 10, 2019, the case is ongoing. There is a case management conference scheduled for April 26, 2019.

Lisa Limb - 04/10/2019


compress summary