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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
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 granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Order Duration 1966 - n/a
Case Ongoing No
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)
No docket sheet currently in the collection
General Documents
Stipulation and Order Concerning Correction of the Reporter's Transcript of Proceedings at Trial (N.D. Cal.)
PC-CA-0008-0041.pdf | Detail
Date:
Source: Papers of Charles Cohler
Resubmission For Petition For a Writ of Habeas Corpus
PC-CA-0008-0004.pdf | Detail
Date: 09/30/1965
Source: Papers of Charles Cohler
Petition For Writ of Habeas Corpus
PC-CA-0008-0005.pdf | Detail
Date: 10/14/1965
Source: Papers of Charles Cohler
Order Allowing Petitioner to File in Forma Pauperis (N.D. Cal.)
PC-CA-0008-0006.pdf | Detail
Date: 10/27/1965
Source: Papers of Charles Cohler
Order to Show Cause (N.D. Cal.)
PC-CA-0008-0007.pdf | Detail
Date: 10/27/1965
Source: Papers of Charles Cohler
Motion and Petition for Appointment of Legal Counsel
PC-CA-0008-0008.pdf | Detail
Date: 10/29/1965
Source: Papers of Charles Cohler
Untitled
PC-CA-0008-0009.pdf | Detail
Date: 10/29/1965
Source: Papers of Charles Cohler
Motion and Petition for Appointment of Legal Counsel
PC-CA-0008-0010.pdf | Detail
Date: 10/29/1965
Source: Papers of Charles Cohler
Order (N.D. Cal.)
PC-CA-0008-0012.pdf | Detail
Date: 11/05/1965
Source: Papers of Charles Cohler
Order of Continuance in Re Order to Show Cause (N.D. Cal.)
PC-CA-0008-0015.pdf | Detail
Date: 11/05/1965
Source: Papers of Charles Cohler
Petition for Writ of Mandate
PC-CA-0008-0020.pdf | Detail
Date: 11/08/1965
Source: Papers of Charles Cohler
Order (N.D. Cal.)
PC-CA-0008-0011.pdf | Detail
Date: 11/11/1965
Source: Papers of Charles Cohler
Untitled
PC-CA-0008-0017.pdf | Detail
Date: 11/12/1965
Source: Papers of Charles Cohler
Petition For a Writ of Mandate in Re: Jordan v. Fitzharris on Habeus Corpus
PC-CA-0008-0013.pdf | Detail
Date: 11/17/1965
Source: Papers of Charles Cohler
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
Date: 11/22/1965
Source: Papers of Charles Cohler
Petitioners' Traverse Return on Order to Show Cause Return of Respondent
PC-CA-0008-0016.pdf | Detail
Date: 11/24/1965
Source: Papers of Charles Cohler
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
Date: 11/24/1965
Source: Papers of Charles Cohler
Traverse to the Return of Respondents to Order to Show Cause
PC-CA-0008-0019.pdf | Detail
Date: 11/26/1965
Source: Papers of Charles Cohler
Complaint
PC-CA-0008-0026.pdf | Detail
Date: 01/31/1966
Source: Papers of Charles Cohler
Docket
PC-CA-0008-0021.pdf | Detail
Date: 02/14/1966
Source: Papers of Charles Cohler
Amended Complaint for Injunction and Damages Under Federal Civil Rights Acts
PC-CA-0008-0025.pdf | Detail
Date: 03/23/1966
Source: Papers of Charles Cohler
Motion to Add Parties Under Rule 21
PC-CA-0008-0023.pdf | Detail
Date: 03/24/1966
Source: Papers of Charles Cohler
Order to Add Parties (N.D. Cal.)
PC-CA-0008-0022.pdf | Detail
Date: 03/25/1966
Source: Papers of Charles Cohler
First Set of Interrogatories Propounded to Defendant Cletus J. Fitzharris by Plaintiff Robert Charles Jordan, Jr.
PC-CA-0008-0027.pdf | Detail
Date: 04/20/1966
Source: Papers of Charles Cohler
First Defense
PC-CA-0008-0028.pdf | Detail
Date: 05/23/1966
Source: Papers of Charles Cohler
Memorandum in Support of Motion to Dismiss Pursuant to Rule 12(b)
PC-CA-0008-0029.pdf | Detail
Date: 05/23/1966
Source: Papers of Charles Cohler
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
Date: 05/23/1966
Source: Papers of Charles Cohler
Plaintiff Memo in Opposition to Defendants' Motions for Summary Judgment and for Dismissal
PC-CA-0008-0031.pdf | Detail
Date: 06/16/1966
Source: Papers of Charles Cohler
Corrected interrogatories
PC-CA-0008-0032.pdf | Detail
Date: 07/28/1966
Source: Papers of Charles Cohler
Proceedings at Trial Reporter's Transcript [Transcript 1 of 3]
PC-CA-0008-0042.pdf | Detail
Date: 08/09/1966
Source: Papers of Charles Cohler
Reporter's Transcript Evidentiary Hearing [Transcript 2 of 3]
PC-CA-0008-0043.pdf | Detail
Date: 08/12/1966
Source: Papers of Charles Cohler
Memorandum Opinion and Order (257 F.Supp. 674) (N.D. Cal.)
PC-CA-0008-0033.pdf | WESTLAW| LEXIS | Detail
Date: 09/06/1966
Source: Papers of Charles Cohler
Supplemental Order Respecting Findings of Fact and Conclusions of Law (N.D. Cal.)
PC-CA-0008-0034.pdf | Detail
Date: 09/07/1966
Source: Papers of Charles Cohler
Docket
PC-CA-0008-0024.pdf | Detail
Date: 09/23/1966
Source: Papers of Charles Cohler
Statement of Points and Designation of Record on Appeal
PC-CA-0008-0036.pdf | Detail
Date: 12/09/1966
Source: Papers of Charles Cohler
Appellee Cross-Appellant's Statement of Points and Counter-Designation of Record
PC-CA-0008-0037.pdf | Detail
Date: 12/12/1966
Source: Papers of Charles Cohler
Appellee Cross Appellant's Statement of Points and Counter-Designation of Record
PC-CA-0008-0038.pdf | Detail
Date: 12/13/1966
Source: Papers of Charles Cohler
Stipulation Dismissing Case
PC-CA-0008-0039.pdf | Detail
Date: 06/05/1967
Source: Papers of Charles Cohler
Entry of Dismissal
PC-CA-0008-0040.pdf | Detail
Date: 06/08/1967
Source: Papers of Charles Cohler
Final Judgment and Decree (N.D. Cal.)
PC-CA-0008-0035.pdf | Detail
Date: 09/07/2017
Source: Papers of Charles Cohler
Judges Harris, George Bernard Court not on record
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
Plaintiff's Lawyers Cohler, Charles B. (California)
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)
PC-CA-0008-0014
Granucci, Robert R. (California)
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)
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)
PC-CA-0008-0028 | PC-CA-0008-0029 | PC-CA-0008-0030 | PC-CA-0008-0041
Oakes, John (California)
PC-CA-0008-0036 | PC-CA-0008-0039 | PC-CA-0008-0041
Other Lawyers Crosby, Kristen Wenstrup (Illinois)
PC-CA-0008-0016

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