Case: Padilla v. Ryan

5:98-cv-20309 | U.S. District Court for the Northern District of California

Filed Date: April 7, 1998

Closed Date: Sept. 1, 1999

Clearinghouse coding complete

Case Summary

On April 7, 1998, several past and present prisoners at and visitors to Santa Clara County jail facilities who are deaf and rely on sign language for effective communication filed a class action lawsuit in the U.S. District Court for the Northern District of California, San Jose Division, against the Santa Clara Department of Corrections. The plaintiffs, represented by the Disability Rights Education & Defense Fund, the California Center for Law and the Deaf, AIDS Legal Services and private cou…

On April 7, 1998, several past and present prisoners at and visitors to Santa Clara County jail facilities who are deaf and rely on sign language for effective communication filed a class action lawsuit in the U.S. District Court for the Northern District of California, San Jose Division, against the Santa Clara Department of Corrections. The plaintiffs, represented by the Disability Rights Education & Defense Fund, the California Center for Law and the Deaf, AIDS Legal Services and private counsel, filed suit under 42 U.S.C. § 1983; Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. §§ 12131-34; and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794, claiming that they were being excluded from a wide range of correctional programs and services on the basis of their disabilities. Specifically, the plaintiffs alleged that the defendant had discriminated against deaf and hard of hearing prisoners by failing to provide appropriate auxiliary aids and services where necessary for effective communication, failing to provide notice to deaf and hard of hearing inmates of their rights under the ADA, and failing to make available, to deaf and hard of hearing inmates, information about the existence and location of accessible services. The plaintiffs sought declaratory and injunctive relief.

On April 21, 1998, the plaintiffs moved the court to certify the class action and to grant a preliminary injunction. On April 29, the defendants moved to dismiss the case for failure to state a claim. On June 29, 1998, the United States filed a motion to participate as amicus curiae and a memorandum in support of plaintiffs' motion for preliminary injunction.

The District Court (Judge Ronald M. Whyte) set hearings for all motions in the August and September, but these hearings were postponed as the parties attempted to settle the case. They reached an agreement in the first few months of 1999. Under the terms of the settlement, the defendants agreed to provide disability training for all staff, to consider disabilities during classification to determine whether a prisoners requires special placement, to provide a cell with a telecommunications device for the deaf ("TDD") machine, to have arresting officers note any arrestee disabilities on their forms, to individually relay public announcements to deaf and hard of hearing prisoners, and to complete an assessment interview of prisoners with disabilities within 72 hours of intake to ensure equal access to correctional programs.

The Court (Judge Whyte) certified a settlement class action on March 8, 1999, approved plaintiffs' attorneys' fees in the amount of $196,454.86, with an additional $9,841 for disbursements, on April 28, and granted final approval of the settlement agreement on June 14.

The docket indicates that on September 1, 1999, one of the plaintiffs moved the court to set aside the judgment and decertify the class, but there are no further entries, and as of the date of this summary, we have no further information on this case.

Summary Authors

Christopher Schad (8/20/2012)

People


Judge(s)

Infante, Edward A. (California)

Attorney for Plaintiff

Cheng, Michelle Lee (California)

Fowler, John W. (California)

Kilb, Linda D. (California)

Kresse, John Kendrick (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

5:98-cv-20309

Docket (PACER)

Sept. 10, 1999

Sept. 10, 1999

Docket

5:98-cv-20309

Memorandum of Amicus Curiae United States in Support of Plaintiffs' Motion for Preliminary Injunction

June 29, 1998

June 29, 1998

Pleading / Motion / Brief

Resources

Docket

Last updated March 26, 2025, 9:24 a.m.

ECF Number Date Description Link
1 April 7, 1998

COMPLAINT Summons(es) issued; Fee status pd entered on 4/7/98 in the amount of $ 150.00 ( Receipt No. 504723); jury demand [5:98−cv−20309] (cm, COURT STAFF) (Entered: 04/13/1998)

PACER
2 April 7, 1998

ORDER RE COURT PROCEDURE and SCHEDULE by Judge Ronald M. Whyte : Proof of service to be filed by 5/22/98 ; counsels' case management statement to be filed by 7/28/98 ; initial case management conference will be held 10:30 8/7/98 . (cc: all counsel) (cm, COURT STAFF) (Entered: 04/13/1998)

PACER
4 April 13, 1998

RETURN OF SERVICE on the Office of County counsel. executed on 4/9/98 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/13/1998)

PACER
5 April 21, 1998

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert to certify class action with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/21/1998)

PACER
6 April 21, 1998

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert for preliminary injunction with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/21/1998)

PACER
7 April 29, 1998

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian to dismiss for failure to state a claim with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1998)

PACER
8 April 29, 1998

REQUEST FOR JUDICIAL NOTICE by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian motion to dismiss for failure to state a claim [7−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1998)

PACER
9 May 1, 1998

NOTICE of hearing by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian setting motion to dismiss for failure to state a claim [7−1] ; hearing set for 9:00 7/31/98 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 05/05/1998)

PACER
10 June 26, 1998

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert to certify class action for declaratory and injunctive relief with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
11 June 26, 1998

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert for preliminary injunction with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
12 June 26, 1998

DECLARATION by A. K. Wilson on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re: submission of unsigned declarations of A. Padilla &B. Lambert [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
13 June 26, 1998

DECLARATION by A. K. Wilson on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
14 June 26, 1998

DECLARATION by J. W. Fowler on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
15 June 26, 1998

DECLARATION by J. K. kresse on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
16 June 26, 1998

DECLARATION by L. D. Kilb on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
17 June 26, 1998

DECLARATION by J. Brown on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
18 June 26, 1998

DECLARATION by C. Brown on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
19 June 26, 1998

DECLARATION by N. Frishberg on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
20 June 26, 1998

DECLARATION by D. Herron−Rhodes on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
21 June 26, 1998

DECLARATION by E. Shipley−Conner on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
22 June 26, 1998

DECLARATION by G. Born−Healy on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
23 June 26, 1998

DECLARATION by D. L. Wolfe on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
24 June 26, 1998

DECLARATION by J. Garcia on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
25 June 26, 1998

DECLARATION by M. Strong Ph.D. on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
26 June 26, 1998

DECLARATION by J. D. Vandivere on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
28 June 26, 1998

DECLARATION by K. L. West on behalf of Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
29 June 26, 1998

PROOF OF SERVICE by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert of declaration [28−1], declaration [27−1], declaration [26−1], declaration [25−1], declaration [24−1], declaration [23−1], declaration [22−1], declaration [21−1], declaration [20−1], declaration [19−1], declaration [18−1], declaration [17−1], declaration [16−1], declaration [15−1], declaration [14−1], declaration [13−1], declaration [12−1], motion for preliminary injunction [11−1], motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
30 June 29, 1998

NOTICE OF MOTION AND MOTION WITH MEMORANDUM OF POINTS AND AUTHORITIES before Judge Ronald M. Whyte by United States as Amicus Curiae for participate as amicus curiae with Notice set for 7/31/98 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
31 June 29, 1998

MEMORANDUM in support of motion for preliminary injunction [11−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/29/1998)

PACER
32 July 2, 1998

PROOF OF SERVICE by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert of motion for participate as amicus curiae [30−1], motion for preliminary injunction [11−1], motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/06/1998)

PACER
33 July 6, 1998

DECLARATION by A. Padilla on behalf of Plaintiff Anthony Padilla re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/07/1998)

PACER
34 July 6, 1998

DECLARATION by B. Lambert on behalf of Plaintiff Anthony Padilla re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/07/1998)

PACER
35 July 6, 1998

PROOF OF SERVICE by Plaintiff Anthony Padilla of declaration [34−1], declaration [33−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/07/1998)

PACER
36 July 13, 1998

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for preliminary injunction [11−1] 9:00 9/18/98, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 9:00 9/18/98,; Opposition filed by 8/28/98; reply filed by 9/4/98 setting hearing on motion to dismiss for failure to state a claim [7−1] 9:00 9/18/98,; opposition 8/28/98; reply filed by 9/4/98. setting hearing on motion for preliminary injunction [6−1] 9:00 9/18/98, setting hearing on motion to certify class action [5−1] 9:00 9/18/98 (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 07/14/1998)

PACER
37 Aug. 4, 1998

STIPULATION and ORDER by Judge Ronald M. Whyte : Settlement conf. (Mag) at 2:30 8/18/98 ; Status conference set for 10:30 9/4/98 ; Case Management Statement is due 8/25/98 ; (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/12/1998)

PACER
38 Aug. 11, 1998

DECLARATION by M. Cheng on behalf of Plaintiff Anthony Padilla in support of order authorizing department of justice. [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/12/1998)

PACER
40 Aug. 13, 1998

ORDER by Mag. Judge Edward A. Infante for special appearance of plaintiff Anthony Padilla and Bruce Lambert to participate in settlement conference by telephone. ( Date Entered: 8/14/98) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/14/1998)

PACER
41 Aug. 24, 1998

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 8/18/98) Settlement conference held , sched. Settlement conf. (Mag) at 1:30 8/31/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 08/25/1998)

PACER
42 Sept. 2, 1998

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 8/31/98) Settlement conference held , Settlement conference will be held 2:30 9/28/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/08/1998)

PACER
43 Sept. 9, 1998

LETTER dated 9/4/98 from Amanda K. Wilson Re: to confirm dates [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/10/1998)

PACER
44 Sept. 11, 1998

MINUTES: ( C/R none) ( Hearing Date: 9/4/98) Status conference set for 10:30 11/20/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/15/1998)

PACER
46 Oct. 7, 1998

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/7/98) Settlement conference held , Settlement conf. (Mag) at 9:30 10/22/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 10/15/1998)

PACER
45 Oct. 13, 1998

LETTER dated 10/12/98 from Amanda K. Wilson re: Settlement conference [5:98−cv−20309] (cv, COURT STAFF) (Entered: 10/14/1998)

PACER
48 Oct. 20, 1998

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/20/98) Settlement conference held , Settlement conf. (Mag) at 9:30 10/22/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/04/1998)

PACER
49 Oct. 22, 1998

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/22/98) Settlement conference held [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/04/1998)

PACER
47 Oct. 29, 1998

ORDER by Mag. Judge Edward A. Infante Status conference set for 10:30 2/19/99 ; setting hearing on motion for preliminary injunction [11−1] 9:00 2/19/99, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 9:00 2/19/99, setting hearing on motion to dismiss for failure to state a claim [7−1] 9:00 2/19/99,; Any opposition filed by 1/29/99; Any Reply filed by 2/5/99 ( Date Entered: 11/3/98) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/03/1998)

PACER
50 Oct. 29, 1998

SETTLEMENT CONFERENCE MINUTES: ( C/R none) ( Hearing Date: 10/29/98) , Settlement conf. (Mag) at 9:00 11/19/98 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 11/04/1998)

PACER
51 Jan. 15, 1999

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert for approve fees with Notice set for 2/19/99 at 9:00 [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
52 Jan. 15, 1999

MEMORANDUM by Plaintiff Anthony Padilla in support of motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
53 Jan. 15, 1999

DECLARATION by J. Kendrick on behalf of Plaintiff Anthony Padilla re motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
54 Jan. 15, 1999

DECLARATION by L. D. Jilb on behalf of Plaintiff Anthony Padilla re motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
55 Jan. 15, 1999

DECLARATION by J. w. Folwer on behalf of Plaintiff Anthony Padilla re motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
57 Jan. 15, 1999

PROOF OF SERVICE by Plaintiff Anthony Padilla of declaration [56−1], declaration [55−1], declaration [54−1], declaration [53−1], memorandum [52−1], motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
58 Jan. 22, 1999

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for approve fees [51−1] 2/19/99, re [30−1], setting hearing on motion for preliminary injunction [11−1] 2/19/99, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 2/19/99, re [7−1], setting hearing on motion for preliminary injunction [6−1] 2/19/99, setting hearing on motion to certify class action [5−1] 2/19/99; stipulate joint motion on 2/5/99. (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
59 Jan. 22, 1999

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for approve fees [51−1] 9:00 3/5/99, setting hearing on motion for preliminary injunction [11−1] 9:00 3/5/99, setting hearing on motion to certify class action for declaratory and injunctive relief [10−1] 9:00 3/5/99, setting hearing on motion for preliminary injunction [6−1] 9:00 3/5/99, setting hearing on motion to certify class action [5−1] 9:00 3/5/99 (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 01/22/1999)

PACER
60 Feb. 12, 1999

OPPOSITION by defendant Timothy Ryan, defendant Susan Chavez, defendant Blanca Alvarado, defendant James D. Beall, defendant Donald F. Gage, defendant Peter McHugh, defendant S. Joseph Simitian to motion for approve fees [51−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

PACER
61 Feb. 12, 1999

DECLARATION by R. Singh on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

PACER
62 Feb. 12, 1999

DECLARATION by N. Mirabella on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

PACER
63 Feb. 12, 1999

DECLARATION by T. Boley on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

PACER
64 Feb. 12, 1999

DECLARATION by B. L. Carr on behalf of defendant S. Joseph Simitian, defendant Peter McHugh, defendant Donald F. Gage, defendant James D. Beall, defendant Blanca Alvarado, defendant Susan Chavez [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/16/1999)

PACER
65 Feb. 19, 1999

JOINDER by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert re motion for preliminary injunction [11−1], re motion to certify class action for declaratory and injunctive relief [10−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 02/22/1999)

PACER
66 March 3, 1999

STIPULATION and ORDER by Judge Ronald M. Whyte : setting hearing on motion for approve fees [51−1] 9:00 3/5/99 (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/04/1999)

PACER
67 March 5, 1999

MINUTES: ( C/R Lee−Anne Shortridge) ( Hearing Date: 3/5/99) Final approval hearing motions will be heard by 9:00 6/11/99 ; [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/08/1999)

PACER
68 March 8, 1999

ORDER by Judge Ronald M. Whyte granting motion to certify class action for declaratory and injunctive relief [10−1] certifying of settlement class action , Settlement Hearing will be held 9:00 6/11/99 ; ( Date Entered: 3/9/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/09/1999)

PACER
70 March 19, 1999

DECLARATION by A. Wilson on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

PACER
71 March 19, 1999

DECLARATION by R. J. Rice on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

PACER
72 March 19, 1999

DECLARATION by P. M. Lucas on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

PACER
73 March 19, 1999

DECLARATION by N. J. Blears on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

PACER
74 March 19, 1999

DECLARATION by J. Kendrick on behalf of Plaintiff Anthony Padilla re reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

PACER
75 March 19, 1999

PROOF OF SERVICE by Plaintiff Anthony Padilla of declaration [74−1], declaration [73−1], declaration [72−1], declaration [71−1], declaration [70−1], reply [69−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 03/22/1999)

PACER
76 April 16, 1999

MINUTES: ( C/R Lee−anne Shortridge) ( Hearing Date: 4/16/99) that the motion for approve fees [51−1] is submitted [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1999)

PACER
77 April 28, 1999

ORDER by Judge Ronald M. Whyte granting motion for approve fees [51−1] in the amount of $196,454.86 In addition to Plaintiff's awarded $9,841 for disbursements. ( Date Entered: 4/30/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 04/30/1999)

PACER
78 May 28, 1999

RESPONSE by Plaintiff Anthony Padilla, Plaintiff Criss Brown, Plaintiff Jill Brown, Plaintiff Bruce Lambert of settlement class to notice of proposed settlement of action [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/01/1999)

PACER
79 May 28, 1999

PROOF OF SERVICE by Plaintiff Anthony Padilla of response [78−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/01/1999)

PACER
80 June 11, 1999

MINUTES: ( C/R none) ( Hearing Date: 6/11/99) Final approval hearing for settlement [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/22/1999)

PACER
81 June 14, 1999

ORDER by Judge Ronald M. Whyte Granting final approval of settlement agreement dismissing case ( Date Entered: 6/30/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/30/1999)

PACER
82 June 14, 1999

ORDER by Judge Ronald M. Whyte Granting final approval of proposed settlement. ( Date Entered: 6/30/99) (cc: all counsel) [5:98−cv−20309] (cv, COURT STAFF) (Entered: 06/30/1999)

PACER
83 Sept. 1, 1999

IN FORMA PAUPERIS AFFIDAVIT by Plaintiff Anthony Padilla for leave to proceed in forma pauperis [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/02/1999)

PACER
84 Sept. 1, 1999

NOTICE OF MOTION AND MOTION before Judge Ronald M. Whyte by Plaintiff Anthony Padilla to set aside judgment and order to decertify class [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/02/1999)

PACER
85 Sept. 10, 1999

PROOF OF SERVICE by Plaintiff Anthony Padilla of response [78−1] [5:98−cv−20309] (cv, COURT STAFF) (Entered: 09/14/1999)

PACER

Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Disability Rights

Special Collection(s):

Deaf or Blind in Jail/Prison

Key Dates

Filing Date: April 7, 1998

Closing Date: Sept. 1, 1999

Case Ongoing: No

Plaintiffs

Plaintiff Description:

several past and present prisoners at and visitors to Santa Clara County jail facilities who are deaf and rely on sign language for effective communication, filing on behalf of themselves and similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Disability Rights Education & Defense Fund (DREDF)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

County of Santa Clara

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Other Dockets:

Northern District of California 5:98-cv-20309

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief request withdrawn/mooted

Order Duration: 1999 - 1999

Issues

Disability and Disability Rights:

Disability, unspecified

Hearing impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation