Case: Cherco v. County of Sonoma

3:80-cv-00334 | U.S. District Court for the Northern District of California

Filed Date: Feb. 8, 1980

Closed Date: 1994

Clearinghouse coding complete

Case Summary

On February 8, 1980, prisoners at the Sonoma County Jail in Santa Rosa filed a class action lawsuit in the U.S. District Court for the Northern District of California, San Francisco Division, against the County of Sonoma. The plaintiffs brought suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief. We have limited documentation of this case - only the docket is available to us, and it does not include en…

On February 8, 1980, prisoners at the Sonoma County Jail in Santa Rosa filed a class action lawsuit in the U.S. District Court for the Northern District of California, San Francisco Division, against the County of Sonoma. The plaintiffs brought suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief. We have limited documentation of this case - only the docket is available to us, and it does not include entries for the first decade of litigation -- but we do have the following information:

The District Court appointed Thomas Lonergan as a monitor for this case in December 1982 and he served in that capacity until the Court dismissed the case in June 1994. Madrid v. Gomez, 889 F. Supp. 1146, 1282 n.231 (N.D. Cal. 1995).

In 1985, the parties reached a settlement. Lynn J. Lund, Mark J. Morrise & Alton Jordan, Nat'l Inst. of Corr., 136 Nebraska Jail Bulletin 9 (1997), available at http://www.ncc.ne.gov/pdf/jail_standards/jail_bulletins/136.pdf. It covered, among other things, disciplinary actions, classification decisions, medical treatment, mental health services (including use of force by staff, suicides, attempt suicides, and in-custody deaths), recreation, general living conditions, and adequacy of food, with the monitor tasked with ensuring compliance. Curricula Vitae of Patrick T. Maher, available at http://ca-sanbernardinoschools.civicplus.com/archives/152/June%2008%202011%20Agenda%20package.pdf. The Court also awarded the plaintiffs $2,000,000 in attorneys' fees. Lund et al., supra, at 9.

The docket informs us that construction of a new jail was also a part of the litigation: on August 14, 1991, the Court (Judge Thelton E. Henderson) ordered the County to complete occupation of the new jail by October 18 of that year or be fined $8,000 per day of lateness. The Court also issued an order regarding double celling, but the exact content of that order is unclear from the docket.

On June 22, 1994, the Court (Judge Henderson) dismissed the case with prejudice and declared all prior orders and judgments to be of no further effect, presumably because a new jail had been constructed and occupied.

Summary Authors

Christopher Schad (8/21/2012)

People

Judge(s)

Henderson, Thelton Eugene (California)

Attorney for Defendant

Bolton, Bennett E. (California)

Sykes, Jeffrey A. (California)

Expert/Monitor/Master/Other

Grove, Jesse B. (California)

Niece, William Samuel (California)

Documents in the Clearinghouse

3:80-cv-00334

Docket (PACER)

Cherco v. Sonoma County

July 22, 1994

July 22, 1994

Docket

Docket

Last updated March 28, 2025, 8:05 a.m.

ECF Number Date Description Link
1 Feb. 8, 1980

COMPLAINT (Summons(es) issued) (dm, COURT STAFF) (Entered: 12/07/1990)

PACER
885 Dec. 6, 1990

ORDER by Judge Thelton E. Henderson that the order of 11/1/90 be modified. See file for exaxt text change.(cc: all counsel) (dm, COURT STAFF) (Entered: 12/07/1990)

PACER
886 Dec. 11, 1990

MOTION by defendant Sonoma County for association in of counsel (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
Dec. 11, 1990

RECEIVED order to associate in counsel submitted by defendant Sonoma County re: [886−1] (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
887 Dec. 12, 1990

MOTION by defendant Sonoma County for protective order , and and settlement agreement and enforcement of protective order with Notice set for 1/14/91 @ 10:00 (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
888 Dec. 12, 1990

MEMORANDUM by defendant Sonoma County in support of motion for protective order [887−1], of motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
889 Dec. 12, 1990

DECLARATION of Neil Baker by defendant Sonoma County re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
890 Dec. 12, 1990

DECLARATION E. Bennett Bolton by defendant Sonoma County re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
891 Dec. 12, 1990

REQUEST by defendant Sonoma County for judicial notice (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
892 Dec. 12, 1990

NOTICE by defendant Sonoma County of association of attorney James H. Wulfsberg, Jeffrey A. Sykes, Cindy Lee, Bennett E. Bolton (dm, COURT STAFF) (Entered: 12/13/1990)

PACER
Dec. 12, 1990

RECEIVED proposed order submitted by defendant Sonoma County re: [887−1], re: [887−2] (dm, COURT STAFF) (Entered: 12/12/1990)

PACER
893 Dec. 13, 1990

AMENDED PROOF OF SERVICE by defendant Sonoma County of motion for interpretation, mem in support, application to ass. in counsel, decl of Neil Baker, request for judicial notice, decl of E, Bennett Bolton, propposed order, order ass counsel. (dm, COURT STAFF) (Entered: 12/14/1990)

PACER
894 Dec. 18, 1990

MOTION to intervene filed by Dillingham Construction (dm, COURT STAFF) (Entered: 12/18/1990)

PACER
895 Dec. 18, 1990

DECLARATION of James P. Wiezel by intervenor Dillingham Construct motion to intervene re motion to intervene [894−1] (dm, COURT STAFF) (Entered: 12/18/1990)

PACER
Dec. 18, 1990

RECEIVED complaint by intervenor submitted by intervenor Dillingham Construct (dm, COURT STAFF) (Entered: 12/18/1990)

PACER
Dec. 18, 1990

RECEIVED order permitting intervention submitted by intervenor Dillingham Construct motion to intervene re: [894−1] (dm, COURT STAFF) (Entered: 12/18/1990)

PACER
896 Dec. 19, 1990

ORDER by Judge Thelton E. Henderson granting motion to intervene [894−1] ; All motions hrg 1/14/90 re motion for interpretation and enforcement of protective order by county of sonoma. (cc: all counsel) (dm, COURT STAFF) (Entered: 12/21/1990)

PACER
897 Dec. 21, 1990

PROOF OF SERVICE by intervenor Dillingham Construct of complaint in intervention (dm, COURT STAFF) (Entered: 12/26/1990)

PACER
899 Dec. 28, 1990

DECLARATION of James P. Wiezel, in opposition, by intervenor Dillingham Construct re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/04/1991)

PACER
900 Dec. 28, 1990

BRIEF FILED, in opposition, by intervenor Dillingham Construct regarding motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/04/1991)

PACER
901 Jan. 4, 1991

LETTER dated 1/4/91 with two corrected pages of brief of Intervenor Dillingham Construction in opposition to motion for interpretation and enforcement (dm, COURT STAFF) (Entered: 01/08/1991)

PACER
902 Jan. 7, 1991

REPLY MEMORANDUM by defendant Sonoma County in support of motion for protective order [887−1], of motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/08/1991)

PACER
903 Jan. 7, 1991

SUPPLEMENTAL DECLARATION of E. Bennett Bolton by defendant Sonoma County re motion for protective order [887−1], re motion and settlement agreement and enforcement of protective order [887−2] (dm, COURT STAFF) (Entered: 01/08/1991)

PACER
904 Jan. 10, 1991

AMENDED PROOF OF SERVICE by defendant Sonoma County of reply memorandum and supplemental declaration (dm, COURT STAFF) Modified on 01/11/1991 (Entered: 01/11/1991)

PACER
905 Jan. 18, 1991

ORDER by Judge Thelton E. Henderson granting motion for protective order [887−1] denying motion and settlement agreement and enforcement of protective order [887−2] (cc: all counsel) (dm, COURT STAFF) (Entered: 01/22/1991)

PACER
906 Aug. 14, 1991

ORDER by Chief Judge Thelton E. Henderson that defendants shall complete occupation of the new jail by 10/18/91 or be fined $8,000.00 per day. Defendants shall commence plainning of the MADF expansion forthwith. ( Date Entered: 8/15/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 08/15/1991)

PACER
907 Nov. 4, 1991

ORDER by Judge Thelton E. Henderson notifying parties of Court's intention to extend its jurisdiction until the new pod is completed. ( Date Entered: 11/5/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 11/05/1991)

PACER
908 Nov. 4, 1991

ORDER by Judge Thelton E. Henderson cancelling all federal release orders( Date Entered: 11/5/91) (cc: all counsel) (dm, COURT STAFF) (Entered: 11/05/1991)

PACER
909 Nov. 27, 1991

DECLARATION by Mark Ihde on behalf of defendants re occupancy of main adult detention facility (dm, COURT STAFF) (Entered: 12/02/1991)

PACER
910 Dec. 16, 1991

ORDER by Judge Thelton E. Henderson Cases C−80−0334 TEH, C−91−2814 CAL and C−91−2815 CAL are related ; Cases C−91−2814 and C−91−2815 are reassigned to Judge Thelton E. Henderson ( Date Entered: 12/17/91) (cc: all counsel) (mp, COURT STAFF) (Entered: 12/17/1991)

PACER
911 Dec. 20, 1991

MAIL [910−1] addressed to Chris Tarkington returned from Post Office (ab, COURT STAFF) (Entered: 12/23/1991)

PACER
912 Jan. 27, 1992

ORDER: Cases C82−3767 TEH and C91−3227 TEH are related ( Date Entered: 1/28/92) (cc: all counsel) (ab, COURT STAFF) (Entered: 01/28/1992)

PACER
913 May 22, 1992

STATUS REPORT by defendant Sonoma County (ab, COURT STAFF) (Entered: 05/22/1992)

PACER
914 Sept. 9, 1992

STATUS REPORT by defendant Sonoma County (ab, COURT STAFF) (Entered: 09/10/1992)

PACER
915 Feb. 2, 1993

ORDER by Judge Thelton E. Henderson for parties to file a written response, including any objections, tothe Monitor's recomendantion and the experts report ( Date Entered: 2/4/93) (cc: all counsel) (mq, COURT STAFF) (Entered: 02/04/1993)

PACER
917 Feb. 23, 1993

RESPONSE by Sonoma County to Monitor's recomendations (mq, COURT STAFF) (Entered: 03/01/1993)

PACER
918 April 1, 1993

ORDER by Judge Thelton E. Henderson that the monitor's recommendations are adopted. see copy of order for details (mq, COURT STAFF) (Entered: 04/07/1993)

PACER
919 May 14, 1993

LETTER dated 4/30/93 Dee Schilling to Judge Henderson re:Court's order of 4/1/93. (mq, COURT STAFF) (Entered: 05/19/1993)

PACER
920 May 14, 1993

ORDER by Judge Thelton E. Henderson the court will hear argument on other issues raised in the parties written responses to the Monitor's recomendation of 1/26/93, if the parties wish to address those issues. motions will be heard by 10:00 6/7/93 ; ( Date Entered: 5/19/93) (cc: all counsel) (mq, COURT STAFF) (Entered: 05/19/1993)

PACER
921 Aug. 4, 1993

ORDER by Judge Thelton E. Henderson that the court's 4/1/93 order is modified and the court's extended jurisdiction over the limited issue of double celling will end on 7/15/94 (cc: all counsel) [see order for more info.] (tn, COURT STAFF) (Entered: 08/09/1993)

PACER
922 July 22, 1994

JUDGMENT: by Judge Thelton E. Henderson that the case is dismissed with prejudice and all prior orders and judgments are of no further effect; each party is to bear its own costs to the extent not previously reimbursed (Date Entered: 7/27/94) (cc: all counsel) [3:80−cv−00334] (tn, COURT STAFF) (Entered: 07/27/1994)

PACER

Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Healthcare Access and Reproductive Issues

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: Feb. 8, 1980

Closing Date: 1994

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners at the Sonoma County Jail in Santa Rosa, California

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

County of Sonoma

Defendant Type(s):

Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Other Dockets:

Northern District of California 3:80-cv-00334

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitor/Master

Amount Defendant Pays: $2,000,000 (atty fees)

Issues

General/Misc.:

Classification / placement

Conditions of confinement

Disciplinary procedures

Food service / nutrition / hydration

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Recreation / Exercise

Medical/Mental Health Care:

Medical care, general

Mental health care, general

Suicide prevention

Policing:

Excessive force

Recommended Citation