Case: Baumgartner v. City of Long Beach

C54-7482 | California state trial court

Filed Date: May 14, 1985

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Case Summary

On May 14, 1985, a resident of the City of Long Beach and the County of Los Angeles, filed suit under California State Law alleging violations of the 8th and 14th Amendments, in the Superior Court of the State of California for the County of Los Angeles. The suit was filed against the City of Long Beach, the Mayor, Chief of Police, several City Councilors, and the County of Los Angeles as well as its Board of Supervisors, Director of Public Social Services, and Director of Children's Services. …

On May 14, 1985, a resident of the City of Long Beach and the County of Los Angeles, filed suit under California State Law alleging violations of the 8th and 14th Amendments, in the Superior Court of the State of California for the County of Los Angeles. The suit was filed against the City of Long Beach, the Mayor, Chief of Police, several City Councilors, and the County of Los Angeles as well as its Board of Supervisors, Director of Public Social Services, and Director of Children's Services. The plaintiff, represented by the Public Justice Foundation of Santa Monica California and the Youth Law Center of San Francisco, California, sought injunctive relief against the practice of incarcerating minors in the City Jail, and alleged cruel and unusual punishment and violations of due process. Specifically, the complaint alleged unsanitary conditions, inadequate medical or mental health facilities, unlawful holding of child abuse victims, holding children without prior judicial hearings.

On February 11, 1986, the California Superior Court (Judge M. Ross Bigelow) issued a preliminary injunction against a variety of specified processing and confinement practices as violative of Welfare & Institutions Code 206, 207 and 208.

On January 1, 1987, the relevant sections of the Juvenile Court Law were amended to reflect the changes necessary to comply with California and U.S. law.

On February 13, 1987, the Court (Judge Bigelow) entered a Stipulated Judgment and Permanent Injunction against the City. The City agreed to take all steps to comply with the injunction, which required the City to make renovations and banned them from holding minors in the same buildings as adults. The Court also ordered that the stipulations have the effect of City departmental procedures and administrative regulations. Plaintiff's counsel retained the right to gather any necessary documents for monitoring purposes, and the City retained the right to dissolve any part of the Injunction after sufficient compliance. PACER has no docket and we have no further information on this case.

Summary Authors

Kristen Sagar (10/26/2007)

Megan Dolan (12/5/2014)

People


Judge(s)

Bigelow, M. Ross (California)

Attorney for Plaintiff

Gephart, Randall L. (California)

McFlynn, Timothy (California)

Attorney for Defendant

Calhoun, John R. (California)

Honda, Arthur Y. (California)

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Documents in the Clearinghouse

Document

C-5474-82

First Amended Complaint for Injunctive Relief [CCP Section 526, 526a, 527; CC Section 3422]

June 5, 1985

June 5, 1985

Complaint

C-5474-82

Stipulated Judgment and Permanent Injunction

Feb. 11, 1987

Feb. 11, 1987

Order/Opinion

Docket

Last updated Aug. 30, 2023, 2:06 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: California

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: May 14, 1985

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A taxpayer challenging the practice of incarcerating children within the Long Beach City Jail.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Youth Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

Long Beach City Jail, City

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

Cruel and Unusual Punishment

Available Documents:

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Order Duration: 1987 - 0

Content of Injunction:

Preliminary relief granted

Issues

General:

Access to lawyers or judicial system

Counseling

Over/Unlawful Detention

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Youth / Adult separation

Affected Sex or Gender:

Male

Medical/Mental Health:

Medical care, general

Mental health care, general