Case: Roy v. County of Yolo

2:90-cv-00393 | U.S. District Court for the Eastern District of California

Filed Date: March 29, 1990

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On March 29, 1990, prisoners at the Yolo County Jail filed a class action lawsuit in the U.S. District Court for the Eastern District of California against the County of Yolo and the County Sheriff. The plaintiffs, represented by the Prisoner Rights Union and private counsel, filed suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief.On July 2, 1990, the District Court (Senior Judge Milton L. Schwartz) c…

On March 29, 1990, prisoners at the Yolo County Jail filed a class action lawsuit in the U.S. District Court for the Eastern District of California against the County of Yolo and the County Sheriff. The plaintiffs, represented by the Prisoner Rights Union and private counsel, filed suit under 42 U.S.C. § 1983, challenging the constitutionality of their conditions of confinement. They sought declaratory and injunctive relief.

On July 2, 1990, the District Court (Senior Judge Milton L. Schwartz) certified the case as a class action on behalf of all prisoners in the Yolo County Jail as of the day of filing and set the terms for a preliminary injunction, the content of which is unclear form the docket. It is likely that the decree included some measures relating to jail population.

On July 16, 1991, the parties lodged a consent decree with the Court for its approval, and on December 11, 1991, the Court (Magistrate Judge John F. Moulds) approved the decree and dismissed the case. The content of this decree, too, is unfortunately unclear from the docket. According to the 2008-2009 Yolo County Grand Jury Final Report, pg. 11-12, the decree required that each inmate housed at the facility has an assigned bed and thereby limits the number of inmates that can be housed to the number of beds.

On February 11, 1992, the Court (Magistrate Judge Moulds) awarded the plaintiffs $42,150.99 in attorneys' fees and costs. Five years later, on August 25, 1997, the Court (Magistrate Judge Moulds) issued an order regarding modification of the consent decree, the content of which is again unknown. No further substantive entries appear on the docket, and as of the time of this writing we have no further information on this case.

Summary Authors

Christopher Schad (8/27/2012)

Samantha Kirby (10/25/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29715507/parties/pc-roy-v-yolo-county-of/

Judge(s)

Moulds, John F. (California)

Attorney for Plaintiff

Comiskey, Paul Wayne (California)

Herman, Richard P. (California)

Persons, Paul Turner (California)

Attorney for Defendant

Mack, Charles R. (California)

Documents in the Clearinghouse

2:90-cv-00393

Docket (PACER)

Sept. 2, 1997

Sept. 2, 1997

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/29715507/pc-roy-v-yolo-county-of/

Last updated April 7, 2025, 2:03 p.m.

ECF Number Date Description Link
5 May 15, 1990

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : defts to 6/17/90 to file appr in action and to 5/31/90 to resp to req for prod of docs. (cc: all counsel) (old) (Entered: 05/24/1990)

RECAP
6 May 23, 1990

PROOF OF SERVICE by defendant of stipulation [5-1] (old) (Entered: 05/29/1990)

RECAP
7 June 7, 1990

LETTER to JFM fr County Counsel, Charles Mack re proposed stip and ord (amd) w/corrections in paragraphs 2 and 11. (old) (Entered: 06/12/1990)

RECAP
8 June 15, 1990

ANSWER by defendant Yolo County of, defendant Gary E Lipert (old) (Entered: 06/18/1990)

RECAP
9 July 2, 1990

STIPULATION and ORDER by Senior Judge Milton L. Schwartz : this lawsuit is certified as a class action on behalf of all prisoners in the Yolo County Jail as of 3/29/90 and sets terms of this preliminary injunction.(cc: all counsel) (old) (Entered: 07/03/1990)

RECAP
10 July 23, 1990

PROOF OF SERVICE by plaintiff of stipulation [9-1] (old) (Entered: 07/23/1990)

RECAP
11 Jan. 31, 1991

NOTICE by plaintiff of Change of law firm; Litt and Stormer a law partnership is now Litt and Stormer a law corporation as of 1/1/91 (kh) (Entered: 02/07/1991)

RECAP
12 April 3, 1991

ORDER by Magistrate John F Moulds NOTIFYING PARTIES that a Scheduling conf is scheduled for 5/16/91 at 9:00 am in ct rm 6 (cc: all counsel) (kh) (Entered: 04/03/1991)

RECAP
13 May 16, 1991

CIVIL MINUTES of Cts STATUS CONFERENCE Scheduling conf HELD, Parties read on the record a decree of settlement (kh) (Entered: 05/20/1991)

RECAP
July 16, 1991

LODGED Consent Decree by plaintiff's (kh) (Entered: 07/16/1991)

PACER
July 16, 1991

LODGED Consent Decree by plaintiff's (kh)

Sept. 24, 1991

LODGED Order Granting preliminary approval of consent decree and setting for settlement hearing (kh) (Entered: 09/25/1991)

PACER
14 Sept. 24, 1991

APPLICATION by plaintiffs for preliminary approval of consent decree, notice to class, and settlement hearing (kh) (Entered: 09/25/1991)

RECAP
Sept. 24, 1991

LODGED Order Granting preliminary approval of consent decree and setting for settlement hearing (kh)

Sept. 25, 1991

LODGED Notice of Settlement Hearing (kh) (Entered: 09/25/1991)

PACER
Sept. 25, 1991

LODGED Notice of Settlement Hearing (kh)

Oct. 16, 1991

Text not available. (Entered: 10/16/1991)

PACER
15 Oct. 16, 1991

COURT NOTICE of hearing by Honorable David F Levi ORDERING: hearing to approve Settlement SET FOR 11/21/91 at 2:00pm in crtrm 3 ( cc: all counsel) (kh) (Entered: 10/16/1991)

RECAP
16 Oct. 16, 1991

ORDER by Honorable David F Levi ORDERING: preliminary approval of consent decree (cc: all counsel) (kh) (Entered: 10/16/1991)

RECAP
Oct. 16, 1991

Text not available.

Oct. 30, 1991

LODGED Referral of Action to the magistrate (kh) (Entered: 10/31/1991)

PACER
Oct. 30, 1991

LODGED Referral of Action to the magistrate (kh)

17 Nov. 8, 1991

ORDER by Honorable David F. Levi stipulating to the referral of this action to JOHN F. MOULDS (cc: all counsel) (old) (Entered: 11/08/1991)

RECAP
18 Nov. 8, 1991

ORDER by Honorable Lawrence K. Karlton Case reassigned to Judge John F. Moulds, Case referred is vacted (cc: all counsel) (old) (Entered: 11/08/1991)

RECAP
19 Nov. 12, 1991

COURT NOTICE of hearing ORDERING: Settlement conference set for 11/21/91 is VACATED pursuant to REASSIGNMENT of action ( cc: all counsel) (kh) (Entered: 11/13/1991)

RECAP
Nov. 21, 1991

LODGED Substitution of Attorney for pltfs (old) (Entered: 11/22/1991)

PACER
Nov. 21, 1991

LODGED Substitution of Attorney for pltfs (old)

20 Dec. 3, 1991

ORDER by Judge John F. Moulds granting lodged [0-1] withdrawing attorney Dan Lewis Stormer for Henry Purcell, attorney Dan Lewis Stormer for Henry Purcell, attorney Dan Lewis Stormer for Vincent Crew, attorney Dan Lewis Stormer for Vincent Crew and substituting attorney Dan Lewis Stormer at Hadsell and Stormer (cc: all counsel) (old) (Entered: 12/03/1991)

RECAP
21 Dec. 3, 1991

ORDER by Judge John F. Moulds granting lodged Consent Decree of 7/16/91 and dismissing case (cc: all counsel) (old) (Entered: 12/03/1991)

RECAP
22 Dec. 11, 1991

PROPOSED BILL OF COSTS taxed for plaintiff in the amount of $ 120.00 against defendant (cc: all counsel) FINAL BILL OF COSTS: No corrections to proposed bill of costs (cc: all counsel) (old) Modified on 01/08/1992 (Entered: 12/12/1991)

RECAP
23 Dec. 23, 1991

NOTICE OF MOTION AND MOTION by plaintiffs for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 (old) (Entered: 12/23/1991)

RECAP
24 Dec. 23, 1991

MEMORANDUM by plaintiffs in support of motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) (Entered: 12/23/1991)

RECAP
25 Dec. 23, 1991

DECLARATIONS and EXHIBITS in support of motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) (Entered: 12/23/1991)

RECAP
26 Dec. 23, 1991

SUPPLEMENTAL EXHIBITS by plaintiffs in support of motion for attys fees 23 - Volumen 1 (old) (Entered: 12/23/1991)

RECAP
27 Dec. 23, 1991

SUPPLEMENTAL EXHIBITS by plaintiffs in support of motion for attys fees - volume 2 (old) (Entered: 12/23/1991)

RECAP
28 Jan. 9, 1992

RESPONSE by defendants to pltf's motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) (Entered: 01/10/1992)

RECAP
29 Jan. 10, 1992

MINUTE ORDER setting hearing on motion for attorney fees, costs and expenses [23-1] for 9:00 on 2/6/92 (cc: all counsel) (old) Modified on 02/11/1992 (Entered: 01/10/1992)

RECAP
30 Jan. 29, 1992

REPLY by plaintiff to response to motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] (old) Modified on 02/11/1992 (Entered: 01/30/1992)

RECAP
Feb. 6, 1992

LODGED order awarding attorney's fees, costs, and expenses − NOT TO BE SIGNED 2/13/92 (old) Modified on 02/19/1992 (Entered: 02/18/1992)

PACER
31 Feb. 6, 1992

MINUTES that the motion for attorney fees, costs and expenses; hrg set 1/23/92 at 9:00 [23-1] is submitted; order to be prepared by the court (old) Modified on 02/11/1992 (Entered: 02/10/1992)

RECAP
Feb. 6, 1992

LODGED order awarding attorney's fees, costs, and expenses - NOT TO BE SIGNED 2/13/92 (old) Modified on 02/19/1992

32 Feb. 11, 1992

ORDER by Judge John F. Moulds granting motion for attorney fees, costs and expenses [23-1]; Pltfs' counsel is awarded $41,605.00 in atty's fees and $545.00 in costs for a total award of $42,150.99; within 10 days of the date of this order pltfs' counsel may renew their request for fees and costs incurred in connection with the fees motion by filing declarations with accompanying time records to reflect hours spent on the fees motion. Failure to file may be deemed a waiver of any such fees. Defense counsel may respon d to any declarations filed by pltfs' counsel within ten days of service. The matter will be submitted for decision without further hearing. (cc: all counsel) (old) (Entered: 02/11/1992)

RECAP
33 Feb. 27, 1992

NOTICE of receipt for payment of attorney's fees and costs by plaintiffs' counsel (old) (Entered: 02/27/1992)

RECAP
36 Jan. 30, 1997

MOTION for consent decree by defendant Yolo County Motion Hearing Set 8/14/97 (old) (Entered: 10/21/1997)

RECAP
34 Aug. 25, 1997

ORDER by Magistrate Judge John F. Moulds; ORDERING re modifying consent decree [21-2] (cc: all counsel) (old) (Entered: 08/25/1997)

RECAP
35 Sept. 2, 1997

MAIL returned "Order [34-1]" addressed to Richard Herman marked fowarding expired (old) (Entered: 09/03/1997)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Jail Conditions

Special Collection(s):

California Jail Population Caps

Key Dates

Filing Date: March 29, 1990

Closing Date: 1991

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All prisoners at the Yolo County Jail

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Hadsell, Stormer & Renick

Prisoners Rights Union

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

County

County of Yolo

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:

Eastern District of California 2:90-cv-00393

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:

Preliminary relief granted

Issues

General/Misc.:

Conditions of confinement

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Crowding: Pre-PLRA Population Cap

Recommended Citation