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Case Name Jordan v. Fitzharris PC-CA-0008
Docket / Court No. 44786 ( N.D. Cal. )
State/Territory California
Case Type(s) Prison Conditions
Special Collection Solitary confinement
Case Summary
In approximately 1966, an inmate at the California Correctional Training Facility at Soledad filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who initially brought the ... read more >
In approximately 1966, an inmate at the California Correctional Training Facility at Soledad filed a lawsuit under 42 U.S.C. § 1983 against the California Department of Corrections in the U.S. District Court for the Northern District of California. The plaintiff, who initially brought the proceeding on his own behalf and then was represented by court-appointed private counsel, asked the court for injunctive and monetary relief, alleging that he was subjected to cruel and unusual punishment in violation of his Eighth Amendment rights. Specifically, the plaintiff claimed that his confinement for twelve days in a "strip cell," one which was approximately six by eight feet in size, had no furnishings except a toilet, no interior source of light, was not cleaned regularly, and had no means for the prisoner to clean himself, violated his Eighth Amendment rights.

After a hearing, the court (Judge George B. Harris) issued an opinion on September 6, 1966, enjoining the defendants from denying inmates the basic elements necessary to maintain a level of cleanliness in accord with civilized standards. Jordan v. Fitzharris, 257 F. Supp. 674 (N.D. Cal. 1966). The court denied the plaintiff's request for money damages. It also noted that this case represented one of the first such actions in the U.S. District courts.

Laura Uberti - 06/11/2006


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Issues and Causes of Action
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Issues
Affected Gender
Male
Constitutional Clause
Cruel and Unusual Punishment
General
Bathing and hygiene
Sanitation / living conditions
Solitary confinement/Supermax (conditions or process)
Totality of conditions
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) California Department of Corrections
Plaintiff Description Prisoner claiming to have been unconstitutionally subjected to cruel and unusual punishment
Class action status sought No
Class action status outcome Not sought
Filed Pro Se Yes
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 1966 - n/a
Filed 1966
Case Closing Year 1966
Case Ongoing No
Court Docket(s)
N.D. Cal.
09/28/1966
44309
PC-CA-0008-9000.pdf | Detail
Source: Papers of Charles Cohler
General Documents
N.D. Cal.
Stipulation and Order Concerning Correction of the Reporter's Transcript of Proceedings at Trial
PC-CA-0008-0041.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
09/30/1965
Resubmission For Petition For a Writ of Habeas Corpus
PC-CA-0008-0004.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
10/14/1965
Petition For Writ of Habeas Corpus
PC-CA-0008-0005.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
10/27/1965
Order Allowing Petitioner to File in Forma Pauperis
PC-CA-0008-0006.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
10/27/1965
Order to Show Cause
PC-CA-0008-0007.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
10/29/1965
Motion and Petition for Appointment of Legal Counsel
PC-CA-0008-0008.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
10/29/1965
Untitled
PC-CA-0008-0009.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
10/29/1965
Motion and Petition for Appointment of Legal Counsel
PC-CA-0008-0010.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/05/1965
Order
PC-CA-0008-0012.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/05/1965
Order of Continuance in Re Order to Show Cause
PC-CA-0008-0015.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/08/1965
Petition for Writ of Mandate
PC-CA-0008-0020.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/11/1965
Order
PC-CA-0008-0011.pdf | Detail
Source: Papers of Charles Cohler
not recorded
11/12/1965
Untitled
PC-CA-0008-0017.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/17/1965
Petition For a Writ of Mandate in Re: Jordan v. Fitzharris on Habeus Corpus
PC-CA-0008-0013.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/17/1965
Letter
PC-CA-0008-0051.pdf | Detail
N.D. Cal.
11/22/1965
Return to Order to Show Cause and Points and Authorities in Opposition to Petition for Writ of Habeas Corpus
PC-CA-0008-0014.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/24/1965
Petitioners' Traverse Return on Order to Show Cause Return of Respondent
PC-CA-0008-0016.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/24/1965
Traverse in Re: Order to Show Cause; and Points and Authorities in Opposition To the Return of the Respondents
PC-CA-0008-0018.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
11/26/1965
Traverse to the Return of Respondents to Order to Show Cause
PC-CA-0008-0019.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
01/31/1966
Complaint
PC-CA-0008-0026.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
03/23/1966
Amended Complaint for Injunction and Damages Under Federal Civil Rights Acts
PC-CA-0008-0025.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
03/24/1966
Motion to Add Parties Under Rule 21
PC-CA-0008-0023.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
03/25/1966
Order to Add Parties
PC-CA-0008-0022.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
04/20/1966
First Set of Interrogatories Propounded to Defendant Cletus J. Fitzharris by Plaintiff Robert Charles Jordan, Jr.
PC-CA-0008-0027.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
05/23/1966
First Defense
PC-CA-0008-0028.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
05/23/1966
Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)
PC-CA-0008-0029.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
05/23/1966
Notice of Motion for Summary Judgment and Motion to Dismiss Pursuant to 12(b) of the Federal Rules of Civil Procedure
PC-CA-0008-0030.pdf | Detail
Source: Papers of Charles Cohler
S.D. Cal.
06/11/1966
Affidavit of Melvin Eugene Allison
PC-CA-0008-0046.pdf | Detail
S.D. Cal.
06/11/1966
Affidavit of Mahlon Root
PC-CA-0008-0047.pdf | Detail
S.D. Cal.
06/11/1966
Affidavit of Dick Jarrel
PC-CA-0008-0048.pdf | Detail
S.D. Cal.
06/11/1966
Affidavit of Herman Alexander
PC-CA-0008-0049.pdf | Detail
S.D. Cal.
06/11/1966
Affidavit of Anthony Estrada
PC-CA-0008-0050.pdf | Detail
N.D. Cal.
06/16/1966
Plaintiff Memo in Opposition to Defendants' Motions for Summary Judgment and for Dismissal
PC-CA-0008-0031.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
07/28/1966
Corrected interrogatories [ECF# 177]
PC-CA-0008-0032.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
08/09/1966
Proceedings at Trial Reporter's Transcript [Transcript 1 of 3]
PC-CA-0008-0042.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
08/12/1966
Reporter's Transcript Evidentiary Hearing [Transcript 2 of 3]
PC-CA-0008-0043.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
09/06/1966
Memorandum Opinion and Order (257 F.Supp. 674)
PC-CA-0008-0033.pdf | WESTLAW| LEXIS | Detail
Source: Papers of Charles Cohler
N.D. Cal.
09/07/1966
Supplemental Order Respecting Findings of Fact and Conclusions of Law
PC-CA-0008-0034.pdf | Detail
Source: Papers of Charles Cohler
U.S. Court of Appeals
12/09/1966
Statement of Points and Designation of Record on Appeal
PC-CA-0008-0036.pdf | Detail
Source: Papers of Charles Cohler
U.S. Court of Appeals
12/12/1966
Appellee Cross-Appellant's Statement of Points and Counter-Designation of Record
PC-CA-0008-0037.pdf | Detail
Source: Papers of Charles Cohler
U.S. Court of Appeals
12/13/1966
Appellee Cross Appellant's Statement of Points and Counter-Designation of Record
PC-CA-0008-0038.pdf | Detail
Source: Papers of Charles Cohler
U.S. Court of Appeals
06/05/1967
Stipulation Dismissing Case
PC-CA-0008-0039.pdf | Detail
Source: Papers of Charles Cohler
U.S. Court of Appeals
06/08/1967
Entry of Dismissal
PC-CA-0008-0040.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
09/07/2017
Final Judgment and Decree
PC-CA-0008-0035.pdf | Detail
Source: Papers of Charles Cohler
N.D. Cal.
09/17/2017
Reporter's Transcript Evidentiary Hearing [Transcript 3 of 3]
PC-CA-0008-0044.pdf | Detail
Source: Papers of Charles Cohler
show all people docs
Judges Harris, George Bernard (N.D. Cal.) show/hide docs
PC-CA-0008-0015 | PC-CA-0008-0033 | PC-CA-0008-0034 | PC-CA-0008-0035 | PC-CA-0008-0041 | PC-CA-0008-0042 | PC-CA-0008-0043 | PC-CA-0008-0044
Plaintiff's Lawyers Cohler, Charles B. (California) show/hide docs
PC-CA-0008-0023 | PC-CA-0008-0025 | PC-CA-0008-0027 | PC-CA-0008-0031 | PC-CA-0008-0037 | PC-CA-0008-0038 | PC-CA-0008-0039 | PC-CA-0008-0041
Defendant's Lawyers Granberg, Derald E. (California) show/hide docs
PC-CA-0008-0014
Granucci, Robert R. (California) show/hide docs
PC-CA-0008-0014 | PC-CA-0008-0028 | PC-CA-0008-0029 | PC-CA-0008-0030 | PC-CA-0008-0036 | PC-CA-0008-0041
Lynch, Thomas C. (California) show/hide docs
PC-CA-0008-0014 | PC-CA-0008-0028 | PC-CA-0008-0029 | PC-CA-0008-0030 | PC-CA-0008-0036 | PC-CA-0008-0041
O'Brien, Edward P. (California) show/hide docs
PC-CA-0008-0028 | PC-CA-0008-0029 | PC-CA-0008-0030 | PC-CA-0008-0041
Oakes, John (California) show/hide docs
PC-CA-0008-0036 | PC-CA-0008-0039 | PC-CA-0008-0041
Other Lawyers Crosby, Kristen Wenstrup (Illinois) show/hide docs
PC-CA-0008-0016

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