Case: U.S. v. San Diego

3:91-cv-00764 | U.S. District Court for the Southern District of California

Filed Date: June 5, 1991

Closed Date: 1996

Clearinghouse coding complete

Case Summary

On June 5, 1991, the Department of Justice (DOJ) filed suit in the District Court for the Southern District of California, seeking an injunction barring San Diego County from denying the DOJ full access to the San Diego jail system. The DOJ sought to conduct a preliminary investigation for violations of constitutional rights under the Civil Rights of Institutionalized Persons Act (CRIPA). On July 22, 1991, the District Court (Judge John Rhoades) determined that the county's attempts to use sta…

On June 5, 1991, the Department of Justice (DOJ) filed suit in the District Court for the Southern District of California, seeking an injunction barring San Diego County from denying the DOJ full access to the San Diego jail system. The DOJ sought to conduct a preliminary investigation for violations of constitutional rights under the Civil Rights of Institutionalized Persons Act (CRIPA). On July 22, 1991, the District Court (Judge John Rhoades) determined that the county's attempts to use state confidentiality laws, or any other state procedure, to limit the DOJ's access to the county jails frustrate the purpose of CRIPA and were therefore preempted. U.S. v. San Diego, No. 91-cv-764, 1991 WL 642768, at *2 (S.D. Cal. July 22, 1991). The court ordered that the preliminary injunction be granted.

The DOJ conducted an investigation in late 1991 but due to the system being in transition, the DOJ deferred making any findings until after conducting another investigation in March and April of 1993. On August 15, 1994, the DOJ sent San Diego County a findings letter, listing the unconstitutional conditions in its jail system. Violations included inadequate staffing, crowding, classification, dangerous practices, fire safety, and inadequate medical staff and procedures.

On December 12, 1995, the DOJ sent a letter to San Diego County stating that the minimum corrective measures seemed to be in place, and that further action under CRIPA was unwarranted. The DOJ suspended the investigation pending completion of a new intake facility, and closing of the Central Detention Facility. On February 15, 1996 the DOJ closed the file.

Summary Authors

Jaclyn Adams (2/24/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9858633/parties/united-states-v-county-of-san-diego/


Judge(s)
Attorney for Plaintiff

Barrick, Andrew J. (District of Columbia)

Cornwell, John C. xx (District of Columbia)

Attorney for Defendant

Fan, Ian (California)

Gattey, James M. (California)

Gilbreath, Vicki Lee (California)

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Documents in the Clearinghouse

Document

3:91-cv-00764

Docket (PACER)

Oct. 25, 1993

Oct. 25, 1993

Docket
22

3:91-cv-00764

Order Granting Motion for Preliminary Injunction

July 22, 1991

July 22, 1991

Order/Opinion

1991 WL 1991

3:91-cv-00764

Findings Letter re: CRIPA Investigation of San Diego County Jail System

No Court

July 1, 1994

July 1, 1994

Findings Letter/Report

3:91-cv-00764

Memorandum re: Findings Letter re: CRIPA Investigation of San Diego County Jail System

No Court

Aug. 15, 1994

Aug. 15, 1994

Findings Letter/Report

3:91-cv-00764

FOIA Request

California state trial court

Nov. 21, 1994

Nov. 21, 1994

FOIA Request

3:91-cv-00764

Notice of Closed File re: San Diego Jails

Dec. 15, 1995

Dec. 15, 1995

Correspondence

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9858633/united-states-v-county-of-san-diego/

Last updated March 23, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

Complaint for injunctive relief filed; Summons(es) not issued as of 6/7/91 (referred to Magistrate Harry R. McCue ) Receipt No/Amt of Fee: wv (mam) (Entered: 06/07/1991)

June 5, 1991

June 5, 1991

PACER

Summons issued on 6/10/91 as to defendant Leon L Williams (mam)

June 10, 1991

June 10, 1991

PACER

Summons issued on 6/10/91 as to defendant Jim Roache (mam)

June 10, 1991

June 10, 1991

PACER

Summons issued on 6/10/91 as to defendant Susan Golding (mam)

June 10, 1991

June 10, 1991

PACER

Summons issued on 6/10/91 as to defendant John MacDonald (mam)

June 10, 1991

June 10, 1991

PACER

Summons issued on 6/10/91 as to defendant George Bailey (mam)

June 10, 1991

June 10, 1991

PACER

Summons issued on 6/10/91 as to defendant Brian Bilbray (mam)

June 10, 1991

June 10, 1991

PACER
2

Notice of Motion by plaintiff USA for preliminary injunction, and for permanent injunction [ motion(s) referred to Judge Edward J. Schwartz ], [ motion(s) referred ]7/22/91 10:30 (dkt clerk) (Entered: 06/17/1991)

June 11, 1991

June 11, 1991

PACER
3

Motion by plaintiff USA for preliminary injunction, and for permanent injunction [ motion(s) referred to Judge Edward J. Schwartz ], [ motion(s) referred ] t/w xhbts and certif of svc by mail l (dkt clerk) (Entered: 06/17/1991)

June 11, 1991

June 11, 1991

PACER
4

Minutes: Enter Order by Judge Edward J. Schwartz recuses himself and req case be reassigned Case reassigned to Judge John S. Rhoades (cc: all counsel) Court Reporter: n/a (mam) (Entered: 06/19/1991)

June 18, 1991

June 18, 1991

PACER
5

Minutes: Enter Order by Judge John S. Rhoades ;Status conf held 6/25/91, Status conf cont to 10:30 7/22/91 Court Reporter: Mindi Ccolchico (mam) (Entered: 06/26/1991)

June 25, 1991

June 25, 1991

PACER
6

Return of Service executed upon defendant George Bailey on 6/21/91 by USM (dkt clerk) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

PACER
7

Return of Service executed upon defendant Leon L Williams on 6/21/91 served by USM (dkt clerk) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

PACER
8

Return of Service executed upon defendant Susan Golding on 6/21/91 served by USM (dkt clerk) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

PACER
9

Return of Service executed upon defendant Brian Bilbray on 6/21/91 served by USM (dkt clerk) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

PACER
10

Return of Service executed upon defendant John MacDonald on 6/21/91 served by USM (dkt clerk) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

PACER
11

Return of Service executed upon defendant County of San Diego, defendant Board of Supervisors, defendant Jim Roache on 6/21/91 served by USM (dkt clerk) (Entered: 06/26/1991)

June 26, 1991

June 26, 1991

PACER
12

Ex Parte Application by intervenors and declaration for order shortening time for motion to intervene as a dft t/w decl of svc (mam) (Entered: 07/09/1991)

July 8, 1991

July 8, 1991

PACER
13

Ex Parte Order by Magistrate Harry R. McCue shortening time for motion to intervene as dft; mtn hrg set for 7/12/91 @ 10:00 AM (mam) (Entered: 07/09/1991)

July 8, 1991

July 8, 1991

PACER
14

Motion to intervene San Diego County Deputy Sheriff's Assoc [ motion(s) referred to Magistrate Harry R. McCue ] hrg set for 7/12/91 @ 10:00 AM t/w points and authorities in support of motion (mam) (Entered: 07/09/1991)

July 8, 1991

July 8, 1991

PACER
15

Opposition by intervenor-defendant San Diego County Deputy Sheriff's Assoc to motion for preliminary injunction [3-1], motion for permanent injunction [3-2], motion for preliminary injunction [2-1], motion for permanent injunction [2-2] hrg set for 7/22/91 @ 10:30 AM (mam) (Entered: 07/09/1991)

July 8, 1991

July 8, 1991

PACER
16

Opposition by defendant County of San Diego to motion for preliminary injunction [3-1], motion for permanent injunction [3-2], motion for preliminary injunction [2-1], motion for permanent injunction [2-2] t/w decl of Diane Bardsley, Deborah Peterson-Lee, Marian Hewett and Richard L Pinckard and notice of lodging of federal cases t/w cert of svc (mam) (Entered: 07/10/1991)

July 8, 1991

July 8, 1991

PACER
19

Answer to comp for inunctive relief by defendant Jim Roache t/w prf of svc (mam) (Entered: 07/15/1991)

July 11, 1991

July 11, 1991

PACER
17

Minutes: Enter Order by Magistrate Harry R. McCue Settlement conf held, no settlement made, case to continue (mam) (Entered: 07/12/1991)

July 12, 1991

July 12, 1991

PACER
18

Opposition by plaintiff USA to motion to intervene San Diego County Deputy Sheriff's Assoc [14-1] t/w prf of svc (mam) (Entered: 07/15/1991)

July 12, 1991

July 12, 1991

PACER
20

Reply by plaintiff USA to dfts' opposition to motion for preliminary injunction [3-1], motion for permanent injunction [3-2] t/w exhibits (mam) (Entered: 07/19/1991)

July 16, 1991

July 16, 1991

PACER
21

Minutes: Enter Order by Judge John S. Rhoades granting pla's motion for preliminary injunction, order filed and stayed for 10 days, pla to prepare more detailed order within 10 days (cc: all counsel received copies at hrg) Court Reporter: Mindi Colchico (mam) (Entered: 07/23/1991)

July 22, 1991

July 22, 1991

PACER
22

Order by Judge John S. Rhoades granting pla's motion for preliminary injunction [3-1] (cc: all counsel furnished copies in court) (mam) (Entered: 07/23/1991)

July 22, 1991

July 22, 1991

Clearinghouse
23

Stipulation and Order by Judge John S. Rhoades that service made on Barbara Wong, sec'y to Lloyd M Harmon Jr, County Counsel, by the USM Service on 6/21/91 constitutes effective svc of the sm and cmp on the Cty, Bd of Supervisors, and on each member of the Bd; that the ans of dft Jim Roache to pla's cmp for injunctive relief dated 7/11/91 be regarded as ans to said cmp on behalf of the county, the Board of Supervisors, and each member of Bd; that the Ct's order with respect to pla's motion for preliminary and permanent injunction may accordingly be entered immediately; that the effect of the court's order is stayed for ten days, the date to run from the date of entry of Court's order (cc: all counsel) (mam) (Entered: 08/01/1991)

July 31, 1991

July 31, 1991

PACER
24

Minutes: Enter Order by Judge John S. Rhoades Status conf held on 10:30 7/22/91 Court Reporter: Mindi Colchico (mam) (Entered: 08/28/1991)

Aug. 27, 1991

Aug. 27, 1991

PACER
25

Supplemental Memorandum by plaintiff USA in support of proposed order t/w attachments (mam) (Entered: 08/29/1991)

Aug. 27, 1991

Aug. 27, 1991

PACER
26

Memorandum of points and authorities by San Diego Co Deputy Sheriffs Assoc in support of their motion to intervene as dfts [26-1] hrg set for 11/18/91 at 10:30 AM Ctrm 5 t/w exhbts and prf of svc (mam) (Entered: 09/19/1991)

Sept. 18, 1991

Sept. 18, 1991

PACER
27

Minutes: Enter Order by Judge John S. Rhoades Status conf held and cont to 9/27/91 at 11:00 AM Court Reporter: Mindi Colchico (mam) (Entered: 09/20/1991)

Sept. 20, 1991

Sept. 20, 1991

PACER
28

Minutes: Enter Order by Judge John S. Rhoades Status conf set for this date vacated Court Reporter: Mindi Colchicco (mam) (Entered: 09/27/1991)

Sept. 27, 1991

Sept. 27, 1991

PACER
29

Stipulation and Order by Judge John S. Rhoades : vacating [26-1] motion by SD Co Deputy Sheriffs' Assoc to intervene as dfts, stipulation being entered into on basis of letter from counsel to counsel (cc: all counsel) (mam) (Entered: 11/20/1991)

Nov. 15, 1991

Nov. 15, 1991

PACER
30

Notice of hearing (In-House) Order to show cause set for 11/1/93 at 10:30am re: dismissal to want of prosecution (cc: all counsel) (dkt clerk) (Entered: 09/28/1993)

Sept. 28, 1993

Sept. 28, 1993

PACER
30

Notice of hearing (In-House) Order to show cause set for 11/1/93 at 10:30am re: dismissal to want of prosecution (cc: all counsel) (dkt clerk) (Entered: 09/28/1993)

Sept. 28, 1993

Sept. 28, 1993

PACER
31

Stipulation and Order by Judge John S. Rhoades: to dismiss case w/out prej JS6 on 10/28/93 (cc: all counsel) (dkt clerk) (Entered: 10/28/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
31

Stipulation and Order by Judge John S. Rhoades: to dismiss case w/out prej JS6 on 10/28/93 (cc: all counsel) (dkt clerk) (Entered: 10/28/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
31

Stipulation and Order by Judge John S. Rhoades: to dismiss case w/out prej JS6 on 10/28/93 (cc: all counsel) (dkt clerk) (Entered: 10/28/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
32

Minutes: Enter Order by Judge John S. Rhoades hrg to dismiss off calendar (dkt clerk) (Entered: 10/29/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
32

Minutes: Enter Order by Judge John S. Rhoades hrg to dismiss off calendar (dkt clerk) (Entered: 10/29/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER
32

Minutes: Enter Order by Judge John S. Rhoades hrg to dismiss off calendar (dkt clerk) (Entered: 10/29/1993)

Oct. 25, 1993

Oct. 25, 1993

PACER

Case Details

State / Territory: California

Case Type(s):

Jail Conditions

Special Collection(s):

Civil Rights Division Archival Collection

Key Dates

Filing Date: June 5, 1991

Closing Date: 1996

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

San Diego County (San Diego), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

None

Source of Relief:

Unknown

Form of Settlement:

Voluntary Dismissal

Order Duration: 1991 - 1996

Content of Injunction:

Preliminary relief granted

Issues

General:

Classification / placement

Fire safety

Staff (number, training, qualifications, wages)

Totality of conditions

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run