Case: California First Amendment Coalition v. California Department of Correction

3:96-cv-01291 | U.S. District Court for the Northern District of California

Filed Date: April 9, 1996

Closed Date: June 17, 2003

Clearinghouse coding complete

Case Summary

In 1996, nonprofit organizations whose members include journalists (California First Amendment Coalition and Society of Professional Journalists, Northern California Chapter), represented by the ACLU of Northern California and private counsel, sued officials at the San Quentin Prison and California Department of Corrections in the United States District Court for the Northern District of California. Plaintiffs challenged a regulation barring public viewing of lethal injection execution procedu…

In 1996, nonprofit organizations whose members include journalists (California First Amendment Coalition and Society of Professional Journalists, Northern California Chapter), represented by the ACLU of Northern California and private counsel, sued officials at the San Quentin Prison and California Department of Corrections in the United States District Court for the Northern District of California. Plaintiffs challenged a regulation barring public viewing of lethal injection execution procedures prior to the actual administration of the lethal injection, arguing that the regulation violated the First Amendment.

On May 1, 1996, the District Court (Judge Vaughn R. Walker) entered a preliminary injunction prohibiting defendants from preventing observations of executions. On August 5, 1996, the Court of Appeals for the Ninth Circuit (Judges Proctor Hug, Jr., Mary M. Schroeder, and A. Wallace Tashima) affirmed the preliminary injunction in an unpublished memorandum disposition. Cal. First Amend. Coalition v. Calderon, 92 F.3d 1191, 1996 WL 442471 (9th Cir. 1996).

On February 27, 1997, the District Court granted plaintiffs' motion for summary judgment. Cal First Amend. Coalition v. Calderon, 956 F.Supp. 883 (N.D. Cal. 1997). Defendants appealed. On July 23, 1998, the Court of Appeals reversed and remanded for determination of whether the plaintiffs had produced sufficient evidence to show that the prison regulation was an exaggerated response to the defendants' security and safety concerns. Cal. First Amend. Coalition v. Calderon, 150 F.3d 976 (9th Cir. 1998).

On remand, the District Court heard evidence regarding defendants' security concerns and the reasonableness of the regulation in addressing them. On July 26, 2000, the District Court permanently enjoined the defendants from preventing viewing of the execution procedures. Cal. First Amend. Coalition v. Woodford, No. C-9601291-VRW, 2000 WL 33173913 (N.D. Cal. 2000). Defendants appealed again.

On August 2, 2002, the Court of Appeals (Judges Myron H. Bright, Betty B. Fletcher, and Raymond C. Fisher) affirmed. Writing for the court, Judge Fisher held that the public enjoys a First Amendment right to view executions, and that the prison regulation impermissibly restricted this right. Cal. First Amend. Coalition v. Woodford, 299 F.3d 868 (9th Cir. 2002).

Summary Authors

Chris Sullivan (7/28/2005)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/10430765/parties/calif-first-amend-v-calderon/


Judge(s)

Browning, James Robert (California)

Fisher, Jeffrey L. (California)

Attorney for Plaintiff

Coffin, Lynne S. (California)

Evans, Kelli M. (California)

Attorney for Defendant

Druliner, David P. (California)

Documents in the Clearinghouse

Documents in this case

3:96-cv-01291

3:96−cv−01291−VRW

California First Amendment Coalition v. Calderon

Feb. 15, 2005

Feb. 15, 2005

Docket

96-15798

3:96-cv-01291

Memorandum [Affirming Preliminary Injunction]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

Aug. 5, 1996

Aug. 5, 1996

Order/Opinion

92 F.3d 1191

61

3:96-cv-01291

Order [Granting Motion for Summary Judgment]

California First Amendment Coalition v. Calderon

Feb. 28, 1997

Feb. 28, 1997

Order/Opinion

956 F.Supp. 883

97-15493

3:96-cv-01291

Opinion [USCA Reversing and Remanding to District Court]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

April 28, 1998

April 28, 1998

Order/Opinion

138 F.3d 1298

97-15493

Order [USCA Reversing and Remanding to District Court]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

July 23, 1998

July 23, 1998

Order/Opinion

150 F.3d 976

116

3:96-cv-01291

Order [Denying Motion for Summary Judgment]

California First Amendment Coalition v. Calderon

Jan. 28, 2000

Jan. 28, 2000

Order/Opinion

88 F.Supp.2d 1083

155

3:96-cv-01291

Opinion [Granting Judgment in Favor of Plaintiffs]

California First Amendment Coalition v. Calderon

July 26, 2000

July 26, 2000

Order/Opinion

2000 WL 33173913

00-16752

3:96-cv-01291

Opinion [USCA Affirming Permanent Injunction]

California First Amendment Coalition v. Calderon

U.S. Court of Appeals for the Ninth Circuit

Aug. 2, 2002

Aug. 2, 2002

Order/Opinion

299 F.3d 868

Docket

See docket on RECAP: https://www.courtlistener.com/docket/10430765/calif-first-amend-v-calderon/

Last updated April 6, 2025, 4:09 p.m.

ECF Number Date Description Link
April 9, 1996

RECEIVED − Request for Judicial Notice and Order ( Plaintiff) [3:96−cv−01291] (lh, COURT STAFF) (Entered: 04/09/1996)

PACER
1 April 9, 1996

COMPLAINT Summons(es) issued; Fee status pd entered on 4/9/96 in the amount of $ 120.00 ( Receipt No. 120906) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

RECAP
2 April 9, 1996

ORDER RE COURT PROCEDURE and SCHEDULE (ADR Pilot) by Judge Vaughn R. Walker : Proof of service to be filed by 5/24/96 ; counsels' case management statement to be filed by 8/6/96 ; initial case management conference will be held 9:00 8/16/96 . (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

RECAP
3 April 9, 1996

ORDER by Judge Vaughn R. Walker GRANTING motion to shorten time for service and hearing of motion for a prelimnary injunction [3-1] ( Date Entered: 4/9/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

RECAP
4 April 9, 1996

CERTIFICATION by Plaintiffs in support of motion to shorten time for service and hearing of motion for a prelimnary injunction [3-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

RECAP
5 April 9, 1996

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Vaughn R. Walker by Plaintiff for preliminary injunction with Notice set for 4/30/96 at 10:00am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

RECAP
6 April 9, 1996

DECLARATIONS by Jason Beaubien, Terry Francke, Mark Hedlund, Dennis McCarthy, Anthony Moor, James W.L.Park, Michael L. Radelet, Michael Roquemore and Peter Y. Sussman on behalf of Plaintiffs in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

RECAP
7 April 9, 1996

PLAINTIFF'S EXHIBITS IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/09/1996)

RECAP
April 9, 1996

RECEIVED - Request for Judicial Notice and Order ( Plaintiff) [3:96-cv-01291] (lh, COURT STAFF)

April 9, 1996

RECEIVED (Proposed) Order ( Plaintiffs) re: [5-1] [3:96-cv-01291] (lh, COURT STAFF)

April 9, 1996

Received Document

April 19, 1996

RECEIVED (Proposed) Order ( defendants) re: Counter−motion [9−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 04/19/1996)

PACER
8 April 19, 1996

ANSWER by defendants to complaint [1-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

RECAP
9 April 19, 1996

NOTICE OF COUNTER-MOTION AND COUNTER-MOTION by defendants for judgment on the pleadings with Notice set for 4/30/96 at 10:00am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

RECAP
10 April 19, 1996

MEMORANDUM by defendants in support of counter-motion for judgment on the pleadings [9-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

RECAP
11 April 19, 1996

MEMORANDUM by defendants in opposition to motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

RECAP
12 April 19, 1996

DECLARATION by Lawrence Hodges and Arthur Calderon on behalf of defendants in support of opposition memorandum [11-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/19/1996)

RECAP
April 19, 1996

RECEIVED (Proposed) Order ( defendants) re: Counter-motion [9-1] [3:96-cv-01291] (lh, COURT STAFF)

April 19, 1996

Received Document

13 April 24, 1996

REPLY MEMORANDUM by Plaintiff in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

RECAP
14 April 24, 1996

OPPOSITION by Plaintiffs to Defendants' motion for judgment on the pleadings [9-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

RECAP
15 April 24, 1996

REPLY DECLARATIONS by Alan B. Steinbach, Ph.D., M.D. and Lonny Shavelson, M.D. on behalf of Plaintiffs in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

RECAP
16 April 24, 1996

PROOF OF SERVICE by Plaintiffs of declarations [15-1], opposition [14-1], reply [13-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/25/1996)

RECAP
17 April 24, 1996

CLERK'S NOTICE setting hearing on motion for judgment on the pleadings [9-1] 10:00 5/1/96, setting hearing on motion for preliminary injunction [5-1] 10:00 5/1/96 [3:96-cv-01291] (lh, COURT STAFF) (Entered: 04/29/1996)

RECAP
21 April 26, 1996

ORDER by Judge Vaughn R. Walker : Parties shall file briefs which address questions re public right to view executions no later than 4/30/96. ( Date Entered: 5/1/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

RECAP
April 30, 1996

RECEIVED − Amended Request for Judicial Notice, Order ( Plaintiffs) [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

PACER
April 30, 1996

RECEIVED (Proposed) Order (Plaintiffs) re: [5−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

PACER
18 April 30, 1996

SUPPLEMENTAL MEMORANDUM by Plaintiff Re Historical Practices in support of preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) Modified on 05/01/1996 (Entered: 05/01/1996)

RECAP
19 April 30, 1996

SUPPLEMENTAL EXHIBITS in support of motion for preliminary injunction [5-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

RECAP
20 April 30, 1996

PROOF OF SERVICE by Plaintiffs of order received [0-0], order received [0-0], exhibits [19-1], supplemental memorandum [18-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

RECAP
22 April 30, 1996

MEMORANDUM IN RESPONSE by defendants to court's order re briefing on public access to executions [21-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

RECAP
April 30, 1996

RECEIVED - Amended Request for Judicial Notice, Order ( Plaintiffs) [3:96-cv-01291] (lh, COURT STAFF)

April 30, 1996

Received Document

April 30, 1996

RECEIVED (Proposed) Order (Plaintiffs) re: [5-1] [3:96-cv-01291] (lh, COURT STAFF)

May 1, 1996

Docket fee notification form and case information sheet to USCA [25−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

PACER
May 1, 1996

Copy of notice of appeal and docket sheet to all counsel [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/01/1996)

PACER
23 May 1, 1996

MINUTES: ( C/R Catherine Jones) GRANTING motion for preliminary injunction [5-1] ; GRANTING Request for Stay until 12 noon, 5/2/96. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

RECAP
24 May 1, 1996

ORDER by Judge Vaughn R. Walker GRANTING motion for preliminary injunction [5-1] ; Injunction shall remain in effect until further order by the court (See Order for information) ( Date Entered: 5/1/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

RECAP
25 May 1, 1996

NOTICE OF APPEAL by defendants from Dist. Court decision order [24-1] Fee status Paid; receipt 121296 [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/01/1996)

RECAP
May 1, 1996

Docket fee notification form and case information sheet to USCA [25-1] [3:96-cv-01291] (lh, COURT STAFF)

May 1, 1996

Miscellaneous Document

May 1, 1996

Copy of notice of appeal and docket sheet to all counsel [3:96-cv-01291] (lh, COURT STAFF)

May 1, 1996

Transmission of Notice of Appeal and Docket Sheet to USCA

May 2, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96−15798 [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/02/1996)

PACER
26 May 2, 1996

AMENDED PROOF OF SERVICE by Plaintiffs of service [20-1], order received [0-0], order received [0-0], supplemental exhibits [19-1], supplemental memorandum [18-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/03/1996)

RECAP
May 2, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96-15798 [3:96-cv-01291] (lh, COURT STAFF)

May 2, 1996

Notice of Appeal Notification

27 May 3, 1996

REPORTER'S TRANSCRIPT; Date of proceedings: 5/1/96 ( C/R: Catherine Jones) minutes [23-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 05/06/1996)

RECAP
May 8, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96−15798 [3:96−cv−01291] (lh, COURT STAFF) (Entered: 05/09/1996)

PACER
May 8, 1996

Notice of Appeal Notification

May 8, 1996

NOTIFICATION by Circuit Court of Appellate Docket Number 96-15798 [3:96-cv-01291] (lh, COURT STAFF)

28 July 5, 1996

CLERK'S NOTICE of ADR Phone Conference set 7/23/96 at 9:00am [3:96-cv-01291] (ga, COURT STAFF) (Entered: 07/09/1996)

RECAP
July 15, 1996

RECORD on Appeal to USCA, cnsl notified. re appeal [25−1] via certified mail − No. Z 106 219 007 (1 folder, 2 expandos) [3:96−cv−01291] (lh, COURT STAFF) (Entered: 07/15/1996)

PACER
July 15, 1996

RECORD on Appeal to USCA, cnsl notified. re appeal [25-1] via certified mail - No. Z 106 219 007 (1 folder, 2 expandos) [3:96-cv-01291] (lh, COURT STAFF)

July 15, 1996

Appeal Record Sent to USCA

29 July 22, 1996

RECEIPT from USCA - acknowlegment of file received (95-15798) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 07/23/1996)

RECAP
July 23, 1996

Telephone conference with ADR director :MRA [3:96−cv−01291] (mra, COURT STAFF) (Entered: 07/23/1996)

PACER
July 23, 1996

Telephone conference with ADR director :MRA [3:96-cv-01291] (mra, COURT STAFF)

July 23, 1996

ADR Clerk's Notice Setting ADR Phone Conference

30 Aug. 5, 1996

JOINT CASE MANAGEMENT STATEMENT and PROPOSED ORDER filed. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 08/07/1996)

RECAP
31 Aug. 6, 1996

NOTICE by Plaintiff of association of attorney David M. Fried [3:96-cv-01291] (lh, COURT STAFF) (Entered: 08/07/1996)

RECAP
32 Aug. 16, 1996

MINUTES: (C/R Not-Reported) Status/Case Management Conference - held; cross-motions for summary judgment will be heard by 10:30 11/1/96 ; [3:96-cv-01291] (lh, COURT STAFF) (Entered: 08/19/1996)

RECAP
33 Aug. 30, 1996

CERTIFIED COPY of judgment from USCA AFFIRMING the decision of the District Court [25-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/03/1996)

RECAP
34 Aug. 30, 1996

CLERK's letter spreading the mandate to counsel. re appeal [25-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/03/1996)

RECAP
35 Sept. 16, 1996

ORDER by Judge Vaughn R. Walker Cross motions for summary judgment shall be filed for hearing on 11/1/96 at 10:30am ( Date Entered: 9/17/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/17/1996)

RECAP
Sept. 26, 1996

RECEIVED −[Proposed] Decision and Order (Plaintiffs) re: motion for summary judgment [36−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 09/29/1996)

PACER
36 Sept. 26, 1996

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Vaughn R. Walker by Plaintiffs for summary judgment, and for permanent injunction with Notice set for 11/1/96 at 10:30am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
37 Sept. 26, 1996

DECLARATIONS by Jason Beaubien, Randy Groves, Nancy Osborne and Sheriff Tom Sawyer on behalf of Plaintiffs in support of motion for summary judgment [36-1], and motion for permanent injunction [36-2] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
38 Sept. 26, 1996

SECOND REQUEST FOR JUDICIAL NOTICE by Plaintiffs [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
39 Sept. 26, 1996

PROOF OF SERVICE by Plaintiffs of request [38-1], order received [0-0], declaration [37-1], motion for summary judgment [36-1], motion for permanent injunction [36-2] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
40 Sept. 26, 1996

NOTICE OF MOTION AND MOTION before Judge Vaughn R. Walker by defendants for judgment on the pleadings with Notice set for 11/1/96 at 10:30am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
41 Sept. 26, 1996

NOTICE OF MOTION AND MOTION before Judge Vaughn R. Walker by defendant for summary judgment with Notice set for 11/1/96 at 10:30am [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
42 Sept. 26, 1996

MEMORANDUM by defendants in support of motion for summary judgment [41-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
43 Sept. 26, 1996

EXHIBITS in support of defendants' motion for summary judgment [41-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 09/29/1996)

RECAP
Sept. 26, 1996

Received Document

Sept. 26, 1996

RECEIVED -[Proposed] Decision and Order (Plaintiffs) re: motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF)

Oct. 11, 1996

RECEIVED [Proposed] Order (defendants) re: denying motion for summary judgment [36−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 10/11/1996)

PACER
44 Oct. 11, 1996

OBJECTIONS by Plaintiffs to declarations submitted in support of defendants' cross-motion for summary judgment [41-1], declaration of Arthur Calderon [12-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

RECAP
45 Oct. 11, 1996

OPPOSITION by Plaintiffs to defendants' motion for summary judgment [41-1], motion for judgment on the pleadings [40-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

RECAP
46 Oct. 11, 1996

DECLARATION by Kelli M. Evans on behalf of Plaintiffs in support of opposition [45-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

RECAP
47 Oct. 11, 1996

OPPOSITION by defendants to second request for judicial notice [38-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

RECAP
48 Oct. 11, 1996

MEMORANDUM by defendants in opposition to plaintiff's motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

RECAP
49 Oct. 11, 1996

DEFENDANTS' EXHIBITS in support of opposition [47-1] to plaintiff's motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

RECAP
50 Oct. 11, 1996

DECLARATION AUTHENTICATING exhibits [49-1] in support of defendant's opposition [47-1], to plaintiff's motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/11/1996)

RECAP
Oct. 11, 1996

Received Document

Oct. 11, 1996

RECEIVED [Proposed] Order (defendants) re: denying motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF)

51 Oct. 18, 1996

RECORD ON APPEAL RETURNED FROM USCA [25-1] - 1 folder, two expandos. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/18/1996)

RECAP
52 Oct. 18, 1996

REPLY MEMORANDUM by Plaintiffs in support of their motion for summary judgment [36-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

RECAP
53 Oct. 18, 1996

AMENDED REQUEST FOR JUDICIAL NOTICE by Plaintiffs [38-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

RECAP
54 Oct. 18, 1996

REPLY by defendants to opposition to motion for summary judgment [41-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

RECAP
55 Oct. 18, 1996

RESPONSE by defendants to plaintiff's objections to declarations of defendant [44-1] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/21/1996)

RECAP
56 Oct. 23, 1996

ORDER by Judge Vaughn R. Walker parties are directed to file and serve supplemental memoranda re cross-motions for summary judgment no later than 10/31/96 ( Date Entered: 10/24/96) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 10/24/1996)

RECAP
57 Oct. 31, 1996

PLAINTIFFS' SUPPLEMENTAL MEMORANDUM RE: Scope of witness observation required by Penal Code Section 3605 pursuant to order [56-2] [3:96-cv-01291] (lh, COURT STAFF) (Entered: 11/01/1996)

RECAP
58 Oct. 31, 1996

DEFENDANTS' MEMORANDUM RE: Penal Code 3605 in support of motion for summary judgment [41-1] pursuant to order [56-2]. [3:96-cv-01291] (lh, COURT STAFF) (Entered: 11/01/1996)

RECAP
59 Nov. 1, 1996

MINUTES: (C/R Leo Mankiewicz) that the motion for judgment on the pleadings [40-1] is submitted, that the motion for summary judgment [36-1] is submitted, that the motion for permanent injunction [36-2] is submitted [3:96-cv-01291] (lh, COURT STAFF) (Entered: 11/05/1996)

RECAP
60 Dec. 27, 1996

CLERK'S NOTICE re ADR phone conference scheduled for 1/14/97 at 9:00am [3:96-cv-01291] (jm, COURT STAFF) (Entered: 12/27/1996)

RECAP
61 Feb. 28, 1997

ORDER by Judge Vaughn R. Walker GRANTING plaintiff's motion for summary judgment [36-1]. Defendants are directed to allow the witnesses to executions by lethal injection to view the procedure at least from the point in time just prior to the condemned being immobilized, that is strapped to the gurney or other apparatus of death, until the point in time just after the prisoner dies. (Date Entered: 3/4/97) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/04/1997)

RECAP
62 March 3, 1997

JUDGMENT: In accordance with this court's order of 2/28/97 [61-1], plaintiff's motion for summary judgment is GRANTED ; terminating case ; appeal filing ddl 4/3/97 (Date Entered: 3/4/97) (cc: all counsel) [3:96-cv-01291] (lh, COURT STAFF) (Entered: 03/04/1997)

RECAP
March 7, 1997

Docket fee notification form and case information sheet to USCA [63−1] [3:96−cv−01291] (lh, COURT STAFF) (Entered: 03/11/1997)

PACER
March 7, 1997

Copy of notice of appeal and docket sheet to all counsel [3:96−cv−01291] (lh, COURT STAFF) (Entered: 03/11/1997)

PACER

Case Details

State / Territory:

California

Case Type(s):

Criminal Justice (Other)

Key Dates

Filing Date: April 9, 1996

Closing Date: June 17, 2003

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nonprofit organizations whose members included journalists who attended and reported on state executions challenging regulation barring public viewing of lethal injection execution procedures prior to actual administration of the lethal injection

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU of Northern California

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

San Quentin State Prison

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Other Dockets:

Northern District of California 3:96-cv-01291

U.S. Court of Appeals for the Ninth Circuit 96-15798

U.S. Court of Appeals for the Ninth Circuit 97-15493

U.S. Court of Appeals for the Ninth Circuit 00-16752

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Death Penalty:

Lethal Injection - General

Recommended Citation