Case: Toussaint v. McCarthy / Wright v. Enonmoto

3:73-cv-01422 | U.S. District Court for the Northern District of California

Filed Date: Aug. 15, 1973

Closed Date: Feb. 13, 1997

Clearinghouse coding complete

Case Summary

In 1973, prisoners confined in administrative segregation in four California state prisons - San Quentin, Folsom, Dueul Vocational Institute at Tracy, and the Correctional Training Facility at Soledad - filed a class-action 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 plaintiffs sought relief on two claims: 1) that they had been placed in administrative segregation without any procedural …

In 1973, prisoners confined in administrative segregation in four California state prisons - San Quentin, Folsom, Dueul Vocational Institute at Tracy, and the Correctional Training Facility at Soledad - filed a class-action 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 plaintiffs sought relief on two claims: 1) that they had been placed in administrative segregation without any procedural examination of whether they should be there, and 2) that they had been subjected to cruel and unusual punishment due to the poor conditions in which they were confined.

The administrative segregation claim was tried in a separate case called Wright v. Enomoto. In that lawsuit, a three-judge panel granted relief, finding that the plaintiffs' rights had been violated by a lack of due process when they were placed into administrative segregation. Wright v. Enomoto, 462 F.Supp. 397 (N.D.Cal. 1976). The defendants appealed this finding, and the Supreme Court affirmed it two years later. Wright v. Enomoto, 434 U.S. 1052 (1978).

This case involved the second claim for relief, in which the plaintiffs argued that their constitutional rights had been violated by poor conditions of confinement, including physical conditions, sanitation, food services, educational practices, medical services, placement and retention procedures, and the psychological impact of confinement in administrative segregation. On November 3, 1980, the District Court (Judge Stanley A. Weigel) granted a preliminary injunction to the plaintiffs, finding that the totality of conditions at Deuel, San Quentin, and Soledad were unconstitutional. The Court did not find that any specific part of the prison was unconstitutional, but the Court felt that the conditions as a whole were not good enough. The defendants appealed. On March 13, 1981, the U.S. Court of Appeals for the Ninth Circuit (Judge Joseph Tyree Sneed III) vacated the preliminary injunction and remanded the case for reconsideration. The Court found that the District Court had erred in its use of the "totality of conditions" approach, finding that only specific unconstitutional conditions may be remedied by the Eighth Amendment. The Ninth Circuit chided the District Court for trying to institute a prison reform program on its own under the guise of correcting cruel and unusual punishment. Wright v. Rushen, 642 F.2d 1129 (9th Cir. 1981).

On remand two years later, the District Court (Judge Weigel) re-issued the preliminary injunction, finding that specific conditions of confinement, including double-celling in small, window-less cells, inadequate lighting, heating, ventilation and plumbing, poor sanitation, inadequate food service, and inadequate medical care, were unconstitutional because they violated the Eighth Amendment prohibition on cruel and unusual punishment. Toussaint v. Rushen, 553 F.Supp. 1366 (N.D.Cal. 1983).

The defendants appealed, and on January 5, 1984, the Ninth Circuit (Judge William Cameron Canby, Jr.) partially affirmed and partially vacated the District Court's issuance of the preliminary injunction, finding that the District Court's finding that double-celling engendered violence, tension, and psychiatric problems, as well as the finding that physical conditions of the cells were inadequate, were valid. The Ninth Circuit vacated the portion of the injunction specifying the types and quantities of food that the inmates must be provided was invalid and must be overturned. Toussaint v. Yockey, 722 F.2d 1490 (9th Cir. 1984).

On October 18, 1984, following a trial on the merits, the District Court held that the conditions of confinement were unconstitutional with respect to double-celling, heating, ventilation, lighting, noise, plumbing, food preparation and storage, access to courts, clothing, laundry, and bedding. Toussaint v. McCarthy, 597 F.Supp. 1388 (N.D.Cal. 1984). The defendants appealed.

On September 30, 1986, the Ninth Circuit (Judge Robert R. Beezer) partially affirmed and partially vacated the District Court's opinion, remanding it for reconsideration. Specifically, the Ninth Circuit held that 1) due process required only that prison officials hold an informal nonadversary hearing within a reasonable time after the prisoner is placed in segregation, inform him of the charges against him, and give him an opportunity to present his views, 2) that it was error for the District Court to substitute its views for those of the prison administrator in determining when a prisoner should be released, 3) that review of segregation should be conducted more frequently than annually, 4) that the decision to place a prisoner in segregated confinement must be supported by some evidence, 5) that complaints about medical care did not rise to the level of an Eighth Amendment violation, and 6) that the denial of contact visits and work programs did not violate the Eighth Amendment. Toussaint v. McCarthy 801 F.2d 1080 (9th Cir. 1986). The parties sought Supreme Court review, and on May 26, 1987, the U.S. Supreme Court denied the petition for writ of certiorari. McCarthy v. Toussaint, 481 U.S. 1069 (1987).

On remand on April 20, 1989, the District Court (Judge Weigel) held that the review of indeterminate segregation decisions was required to occur every 90 days, that the defendants must undergo special procedures before placing inmates in indeterminate segregation, and that the defendants could not rely on polygraph examinations regarding gang affiliations as the basis for assigning prisoners to segregation. Toussaint v. Rowland, 711 F.Supp. 536 (N.D.Cal. 1989).

Both parties appealed, and on October 30, 1990, the Ninth Circuit (Judge John T. Noonan, Jr.) partially affirmed and partially reversed, holding that the continued appointment of a monitor to review decisions to assign inmates to segregation for administrative reasons was unwarranted. Toussaint v. McCarthy, 926 F.2d 800 (9th Cir. 1990). The parties sought Supreme Court review, and on October 7, 1991, the U.S. Supreme Court denied the petition for writ of certiorari. Toussaint v. McCarthy, 502 U.S. 874 (1991).

On June 29, 1992, the District Court (Stanley Weigel) entered a judgment that noted that the case was being "dismissed," but apparently continuing post-judgment monitoring. (We have only the docket sheet, not the order itself.) The state appealed this and other orders relating to fees, but the parties then agreed to dismissal of those appeals in July 1994. In January 1997, the parties jointly applied to vacate the injunctions and finally dismiss the case. The Court agreed, dismissing the case with prejudice on Feb. 13, 1997.

Summary Authors

Kristen Sagar (10/8/2007)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9455925/parties/wright-v-enomoto/


Judge(s)

Beezer, Robert R. (Washington)

Attorney for Plaintiff

Arriola, Anita P. (California)

Asaro, Andrea G. (California)

Baller, Morris J. (California)

Bergesen, B. E. III (California)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

3:73-cv-01422

Docket (PACER)

Wright v. Enomoto

Nov. 25, 1997

Nov. 25, 1997

Docket

3:73-cv-01422

Findings of Fact, Conclusions of Law and Judgment

Wright v. Enomoto

Sept. 30, 1976

Sept. 30, 1976

Order/Opinion

462 F.Supp. 397

77-00504

Memo Decision

Enomoto v. Wright

Supreme Court of the United States

Feb. 21, 1978

Feb. 21, 1978

Order/Opinion

434 U.S. 1052

80-04534

Opinion

Wright v. Rushen

U.S. Court of Appeals for the Ninth Circuit

Feb. 12, 1981

Feb. 12, 1981

Order/Opinion

642 F.2d 1129

3:73-cv-01422

Findings of Fact and Conclusions of Law on Granting Preliminary Injunction

Toussaint v. Rushen

Jan. 14, 1983

Jan. 14, 1983

Order/Opinion

553 F.Supp. 1365

83-01678

83-01775

Reported Opinion

Toussaint v. Yockey

U.S. Court of Appeals for the Ninth Circuit

Jan. 5, 1984

Jan. 5, 1984

Order/Opinion

722 F.2d 1490

3:73-cv-01422

Findings of Fact and Conclusions of Law

Toussaint v. McCarthy

Oct. 18, 1984

Oct. 18, 1984

Order/Opinion

597 F.Supp. 1388

3:73-cv-01422

Findings of fact, conclusions of law, and order on motion for adjudication of contempt

Toussaint v. McCarthy

Oct. 18, 1984

Oct. 18, 1984

Order/Opinion

597 F.Supp. 1427

84-02833

85-02526

85-01878

85-01507

Reported Opinion

Toussaint v. McCarthy

U.S. Court of Appeals for the Ninth Circuit

Sept. 30, 1986

Sept. 30, 1986

Order/Opinion

801 F.2d 1080

86-01587

Opinion

Toussaint v. McCarthy

Supreme Court of the United States

May 26, 1987

May 26, 1987

Order/Opinion

481 U.S. 1069

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/9455925/wright-v-enomoto/

Last updated April 4, 2025, 10:26 a.m.

ECF Number Date Description Link
Jan. 10, 1991

RECORD on Appeal to USCA RETURNED in the form of transcipt #2600, cnsl notified. (dm, COURT STAFF) (Entered: 08/16/1991)

PACER
Jan. 10, 1991

RECORD on Appeal to USCA RETURNED in the form of transcipt #2600, cnsl notified. (dm, COURT STAFF)

3135 Feb. 6, 1991

OBJECTIONS by plaintiff to the sixth report of the monitor, as modified (lc, COURT STAFF)

RECAP
3136 Feb. 7, 1991

NOTICE by monitor re seventy-sixth itemized statement of fees and expenses of monitor (lc, COURT STAFF)

RECAP
3137 Feb. 13, 1991

REPLY by defendant re [3135-1] (lc, COURT STAFF)

RECAP
3138 March 1, 1991

DECLARATION by Samuel R. Miller on behalf of plaintiff Joseph Toussaint regarding plaintiffs' twenty-second quarterly statement of fees for monitoring compliance with the permanent injunction (Fourth Quarter 1990). (ma, COURT STAFF)

RECAP
3239 March 7, 1991

NOTICE by plaintiff of change of address of Sidney Wolinsky to: 2212 Sixth Street, Berkeley, CA 94710 415-644-2627 (dm, COURT STAFF)

RECAP
3139 March 13, 1991

Seventy-Seventh Monthly itemized STATEMENT of Fees and Expenses of Monitor. (ma, COURT STAFF)

RECAP
3140 March 15, 1991

SIXTH REPORT OF THE MONITOR (cc: all counsel) (ma, COURT STAFF)

RECAP
3141 March 18, 1991

REQUEST by defendant James Rowland et al for Status Conference [L.R. 235-3 (ma, COURT STAFF)

RECAP
3142 March 18, 1991

Original U.S. Marshal Process Receipt and Return of Writ of Execution/Notice of Levy as to Account No. 148-2-80005 Bank of America EXECUTED 02/22/91. (ma, COURT STAFF)

RECAP
3143 March 21, 1991

RESPONSE by plaintiff to defendant's request for status conference (dm, COURT STAFF)

RECAP
3144 March 21, 1991

APPLICATION by plaintiff for an order granting leave to file memorandum in support of motion for comtempt and other relief exceeding 25 pages (dm, COURT STAFF)

RECAP
3145 March 21, 1991

DECLARATION by James C. Sturdevant on behalf of plaintiff re application to file memorandum in excess of 25 pages [3144-1] (dm, COURT STAFF)

RECAP
3146 March 21, 1991

DECLARATION in support of motion for contempt and other relief by James C. Sturdevant on behalf of plaintiff (dm, COURT STAFF)

RECAP
3147 March 21, 1991

SEPARATE APPENDIX filed by plaintiff in support of motion for contempt and other reliefs (dm, COURT STAFF)

RECAP
3148 March 21, 1991

APPLICATION by plaintiff for Order to Show Cause (dm, COURT STAFF)

RECAP
3149 March 21, 1991

PROOF OF SERVICE by plaintiff of documents numbered [3143-3148] (dm, COURT STAFF)

RECAP
3150 March 21, 1991

MOTION by plaintiff Joseph Toussaint for contempt and other relief with Notice set for unnoticed. (fs, COURT STAFF)

RECAP
March 21, 1991

RECEIVED order granting application submitted by plaintiff re: [3144−1] (dm, COURT STAFF) (Entered: 03/25/1991)

PACER
March 21, 1991

RECEIVED order to show cause submitted by plaintiff re: [3148-1] (dm, COURT STAFF)

March 21, 1991

RECEIVED order to show cause submitted by plaintiff re: [3148−1] (dm, COURT STAFF) (Entered: 03/25/1991)

PACER
3151 March 25, 1991

MEMORANDUM of Points and Authorities by plaintiff Joseph Toussaint in support of motion for contempt and other relief [3150-1]. (ma, COURT STAFF)

RECAP
3152 March 25, 1991

ORDER by Senior Judge Stanley A. Weigel granting leave to file memorandum of points and authorities in support of motion for contempt and other relief exceeding twenty five pages [3144-1]. (cc: all counsel) (ma, COURT STAFF)

RECAP
3153 March 26, 1991

ORDER TO SHOW CAUSE: by Senior Judge Stanley A. Weigel James Rowland and Eddie Meyers to appear before this court 05/9/91 at 2:15 pm to show cause why they should not be held in contempt of Court for violating Court's preliminary injunction entered 01/14/83. (cc: all counsel) (ma, COURT STAFF)

RECAP
3154 March 28, 1991

NOTICE by plaintiff of filing Declaration of Joseph Melchor (dm, COURT STAFF)

RECAP
3155 March 28, 1991

DECLARATION by Joseph Anthony Melchar on behalf of plaintiff re motion for contempt and other relief [3150-1] (dm, COURT STAFF)

RECAP
3156 March 28, 1991

PROOF OF SERVICE by plaintiff of OSC; order re leave to file memorandum (dm, COURT STAFF)

RECAP
April 4, 1991

RECEIVED Stipulation and Proposed Protective Order by defendant James D. Rowland et al for information disclosed in discovery. (ma, COURT STAFF) (Entered: 04/05/1991)

PACER
April 4, 1991

RECEIVED Stipulation and Proposed Protective Order by defendant James D. Rowland et al for information disclosed in discovery. (ma, COURT STAFF)

3157 April 5, 1991

LETTER, dated 03/22/91, from Peter J. Siggins to Judge Stanley Weigel re: in the interest of economy it may be desirable to schedule this matter for trial on all issues, including the Deuel Vocational Institution at Tracy. (ma, COURT STAFF)

RECAP
3158 April 5, 1991

STIPULATION and Protective ORDER by Judge Stanley A. Weigel : plaintiffs, agents, attorneys, and staff of their attorneys' offices shall not, except upon express leave of this Court, divulge any "identifying information" disclosed in discovery . (cc: all counsel) (ma, COURT STAFF)

RECAP
3159 April 8, 1991

Seventy-Eighth monthly itemized statement of fees and expenses of monitor. (ma, COURT STAFF)

RECAP
3187 April 16, 1991

STIPULATION and ORDER by Magistrate Joan S. Brennan : plaintiffs to voluntarily pay the undisputed amount and any legal interest owing in full no later than 15 days after the date each quarterly order is signed by the magistrate ; if payment is not voluntarily made by the 15th day, counsel for plaintiffs may obtain said amount by writ of execution upon state funds and/or other appropriate accounts by certification under penalty of perjury that voluntary payment had not been made . (cc: all counsel) (ma, COURT STAFF)

RECAP
3188 April 16, 1991

ORDER by Magistrate Joan S. Brennan granting stipulation [3187-2] the following sums became collectable and legal interest began accruing on such sums as of the date indicated: Quarterly Statement 21st ; Amount $21,125.06 ; Interest Rate 6.62% ; Daily Interest $3.83 ; Date Interest Began Accruing 01/31/91 . (cc: all counsel) (ma, COURT STAFF)

RECAP
3160 April 18, 1991

Emergency APPLICATION by plaintiff Joseph Toussaint et al for an Order granting entry into CTF-Soledad by plaintiffs' representatives on 04/19/91 to interview class members. (ma, COURT STAFF)

RECAP
3161 April 18, 1991

DECLARATION by James C. Sturdevant on behalf of plaintiff Joseph Toussaint et al in support of emergency application for an order granting entry into CTF-Soledad by plaintiffs' representatives on 04/19/91 to interview class members [3160-1]. (ma, COURT STAFF)

RECAP
3162 April 18, 1991

PROOF OF SERVICE by plaintiff Joseph Toussaint et al of: Plaintiff's Emergency Application for an Order ; Declaration of James C. Sturdevant ; and Proposed Order. (ma, COURT STAFF)

RECAP
3163 April 18, 1991

DECLARATION by Peter J. Siggins on behalf of defendant James Rowland et al in opposition to emergency application for order to interview class members [3160-1]. (ma, COURT STAFF)

RECAP
3164 April 18, 1991

Opposition by defendant James Rowland et al to emergency application for order to interview class members [3160-1]. (ma, COURT STAFF)

RECAP
3165 April 18, 1991

MINUTES: (C/R Colleen Stone) granting plaintiffs' application for an order allowing entry into CTF Soledad by plaintiff's representatives for inmate interviews [3160-1] ; plaintiff's counsel allowed entry as follows: on 04/19/91 8:00 am - 12:00 pm ; 04/22/91 11:00 am - 4:00 pm ; 04/24/91 9:00 am - 4:00 pm ; 04/26/91 8:00 am - 12:00 pm ; 04/29/91 11:00 am - 4:00 pm ; 05/01/91 9:00 am - 4:00 pm ; to conduct the proposed 18 inmate interviews. (ma, COURT STAFF)

RECAP
April 18, 1991

RECEIVED Proposed Order denying emergency application [3160−1]. (ma, COURT STAFF) (Entered: 04/18/1991)

PACER
April 18, 1991

RECEIVED Proposed Order by plaintiff Joseph Toussaint et al granting plaintiffs' emergency application for entry into CTF−Soledad by plaintiffs' representatives on 04/19/91 to interview class members [3160−1]. (ma, COURT STAFF) (Entered: 04/18/1991)

PACER
April 18, 1991

RECEIVED Proposed Order denying emergency application [3160-1]. (ma, COURT STAFF)

3166 April 19, 1991

ORDER by Chief Judge Thelton E. Hendersn granting plaintiffs' emergency application for entry into CTF-Soledad by Plaintiffs' Representatives to Interview Class Members [3160-1]. (cc: all counsel) (ma, COURT STAFF)

RECAP
3167 April 19, 1991

COPY of USCA Order: Judgment of District Court is hereby affirmed in part and reversed in part. (ma, COURT STAFF)

RECAP
3168 April 19, 1991

CLERK's letter spreading the mandate to counsel. (ma, COURT STAFF)

RECAP
3169 April 25, 1991

PROOF OF SERVICE by plaintiff Joseph Toussaint et al of Order granting plaintiffs' emergency application for entry into CTF-Soledad. (ma, COURT STAFF)

RECAP
3170 April 25, 1991

Cross-MOTION by defendant James Rowland to strike plaintiff's declarations and points and authorities in support thereof with Notice set for 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3171 April 25, 1991

MEMORANDUM of Points and Authorities by defendant James Rowland et al in opposition to motion for contempt and other relief [3150-1] set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3172 April 25, 1991

APPENDIX of Declarations filed by defendant James Rowland et al in support of memorandum of points and authorities in opposition to motion for contempt [3171-1]. (ma, COURT STAFF)

RECAP
3173 April 25, 1991

RECEIPT from USCA Docket Nos.: 2936, 2937, 2938, 2939, 2940, 2941, 2942, 2943, 2732, 2724, 2725, 2979, 3009, 2935, and 2905. (ma, COURT STAFF)

RECAP
3174 May 2, 1991

MEMORANDUM of Points and Authorities by plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3175 May 2, 1991

DECLARATION by James C. Sturdevant on behalf of plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3176 May 2, 1991

Separate APPENDIX filed by plaintiff Joseph Toussaint et al of class member declarations in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3177 May 2, 1991

Opposition by plaintiff Joseph Toussaint et al to defendants' cross-motion to strike plaintiffs' declarations set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3178 May 2, 1991

MOTION by plaintiff Joseph Toussaint et al to strike defendants' declarations and points and authorities in support thereof with Notice set for 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3179 May 2, 1991

SUPPLEMENTAL Declaration by plaintiff Joseph Toussaint et al in support of plaintiffs' motion to strike and plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3175-1] set 05/09/91 at 2:15 pm. (ma, COURT STAFF)

RECAP
3180 May 2, 1991

PROOF OF SERVICE by plaintiff Joseph Toussaint et al of: Memorandum of Points and Authorities in support ; Declaration of James C. Sturdevant ; Declaration of Sallyanne Campbell (filed under seal) ; Declaration of Dana L. Rees (filed under seal) ; Separate Appendix ; Plaintiffs' Opposition ; Plaintiffs' Motion to Strike ; and Supplemental Declaration of James C. Sturdevant. (ma, COURT STAFF)

RECAP
3181 May 2, 1991

DECLARATION by Sallyanne Campbell on behalf of plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (FILED UNDER SEAL) (ma, COURT STAFF)

RECAP
3182 May 2, 1991

DECLARATION and Exhibits thereto by Dana L. Rees on behalf of plaintiff Joseph Toussaint et al in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief set 05/09/91 at 2:15 pm. (FILED UNDER SEAL) (ma, COURT STAFF)

RECAP
3183 May 2, 1991

EXHIBITS by plaintiff Joseph Toussaint et al to declaration of Dana L. Rees in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3182-1] set 05/09/91 at 2:15 pm. Volume II of IV, Exhibits 4, 5a-f. (FILED UNDER SEAL) (ma, COURT STAFF) Modified on 05/03/1991

RECAP
3184 May 2, 1991

EXHIBITS by plaintiff Joseph Toussaint et al of Dana L. Rees in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3182-1] set 05/09/91 at 2:15 pm. Volume III of IV, Exhibits 5g-1. (FILED UNDER SEAL) (ma, COURT STAFF) Modified on 05/03/1991

RECAP
3185 May 2, 1991

EXHIBITS by plaintiff Joseph Toussaint et al to declaration of Dana L. Rees in support of plaintiffs' reply to defendants' opposition to motion for contempt and other relief [3182-1] set 05/09/91 at 2:15 pm. Volume IV of IV, Exhibits 5m-g. (FILED UNDER SEAL) (ma, COURT STAFF)

RECAP
3186 May 3, 1991

CLERK'S NOTICE motions hrg 05/23/91 at 2:15 pm . (ma, COURT STAFF)

RECAP
3189 May 7, 1991

Western Union Telegram, dated 05/06/91, from The Cabot Family to Judge Weigel re: Gilbert A. Cabot scheduled to be transferred to San Quentin instead of CRC (NORCO); requesting Court Order to send him to CRC. (ma, COURT STAFF)

RECAP
3190 May 9, 1991

MEMORANDUM by defendants Rowland et al in opposition motion to strike defendants' declarations and points and authorities in support thereof [3178-1] (cb, COURT STAFF)

RECAP
3192 May 9, 1991

DECLARATION by James Whala on behalf of defendants re opposition memorandum [3190-1] (cb, COURT STAFF)

RECAP
3193 May 10, 1991

DECLARATION by Anthony Lamarque on behalf of defendants re opposition memorandum [3190-1] (cb, COURT STAFF)

RECAP
3194 May 10, 1991

DECLARATION by James Whala on behalf of defendant James Rowland re opposition memorandum [3190-1] (cb, COURT STAFF)

RECAP
3196 May 10, 1991

ORDER by Judge Stanley A. Weigel that the cases 90-1509, 79-1630 and 73-1422 are NOT related. (cc: all counsel) ( Date Entered 5/10/91) (dm, COURT STAFF)

RECAP
3191 May 14, 1991

DECLARATION by Anthony Lamarque on behalf of defendants re opposition memorandum [3190-1] (cb, COURT STAFF)

RECAP
3195 May 16, 1991

REPLY by defendant James Rowland to response to motion to strike plaintiff's declarations and points and authorities in support thereof [3170-1] (cb, COURT STAFF)

RECAP
3197 May 20, 1991

CLERK'S NOTICE ; All motions hrg continued to 5/30/91 at 2:15 (dm, COURT STAFF)

RECAP
3198 May 30, 1991

DECLARATION by Samuel R. Miller on behalf of plaintiff Joseph Toussaint re Quarterly Statement (cb, COURT STAFF)

RECAP
3200 May 30, 1991

ORDER by Judge Stanley A. Weigel for appointment of a monitor (cc: all counsel) (cb, COURT STAFF)

RECAP
3199 May 31, 1991

MINUTES: ( C/R Traci Martins) denying motion to strike defendants' declarations and points and authorities [3178-1], denying motion to strike plaintiff's declarations and points and authorities [3170-1], denying motion for contempt [3150-1], granting motion for appointment of a Monitor[3140-1] (cb, COURT STAFF)

RECAP
3201 June 6, 1991

ORDER of Reference to Special Master by Judge Stanley A. Weigel (cc: all counsel) (dm, COURT STAFF)

RECAP
3202 June 6, 1991

STIPULATION re referral order [3201-1] such that it is agreed that Robert Riggs may be chosen as Soledad Monitor (dm, COURT STAFF)

RECAP
3203 June 13, 1991

BRIEF FILED by defendants re: duties and format of monitor's review of conditions at the correctional training facility at Soledad (th, COURT STAFF)

RECAP
3204 June 13, 1991

BRIEF FILED by plaintiffs re: memorandum of Soledad monitorship procedures (th, COURT STAFF)

RECAP
3205 June 17, 1991

RESPONSE by plaintiff re brief [3203-1] regarding duties and format of monitor's review of conditions at the correctional facility at soledad (th, COURT STAFF)

RECAP
3206 June 19, 1991

REPORTER'S TRANSCRIPT of 5/30/91 (bc, COURT STAFF)

RECAP
3207 June 20, 1991

ORDER by Judge Stanley A. Weigel (cc: all counsel) ( Date Entered 6/17/91) for inspection tour of Soledad Prison (bc, COURT STAFF)

RECAP
3208 June 24, 1991

MOTION by plaintiff Joseph Toussaint, et al. to compel payment with Notice set for 7/23/91 at 3:00 (bc, COURT STAFF)

RECAP
3209 June 24, 1991

MEMORANDUM by plaintiff Joseph Toussaint in support of motion to compel payment [3208-1] (bc, COURT STAFF)

RECAP
3210 June 24, 1991

DECLARATION by Donald Spector on behalf of plaintiff James C. Wright et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

RECAP
3211 June 24, 1991

DECLARATION by Sidney Wolinsky on behalf of plaintiff Joseph Toussaint et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

RECAP
3212 June 24, 1991

DECLARATION by James Sturdevant on behalf of plaintiff Joseph Toussaint, et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

RECAP
3213 June 24, 1991

DECLARATION by Samuel Miller on behalf of plaintiff Joseph Toussaint et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

RECAP
3214 June 24, 1991

DECLARATION by Sanford Jay Rosen on behalf of plaintiff Joseph Toussaint, et al. re motion to compel payment [3208-1] (bc, COURT STAFF)

RECAP
3215 June 27, 1991

ORDER by Judge Stanley A. Weigel (cc: all counsel) ( Date Entered 6/27/91) (bc, COURT STAFF)

RECAP
3216 July 8, 1991

ORDER by Magistrate Joan S. Brennan confirming attorney fees on the 22 quarterly statement (cc: all counsel) ( Date Entered 7/8/91) (th, COURT STAFF)

RECAP
3217 July 10, 1991

CLERK'S NOTICE motion to compel payment; In-court hearing 7/23/91 at 3:00p.m. before Magistrate Breenan (th, COURT STAFF)

RECAP
3218 July 10, 1991

STATEMENT of nonopposition by defendant in support of motion to compel payment [3208-1] of 19th, 20th, 21st, and 22nd quarterly statements of fees (th, COURT STAFF)

RECAP
3219 July 12, 1991

STATEMENT of fees and expenses of monitor (th, COURT STAFF)

RECAP
3220 July 16, 1991

ORDER by Magistrate Joan S. Brennan granting motion to compel payment [3208-1] ( Date Entered: 7/16/91) (cc: all counsel) (th, COURT STAFF)

RECAP
3221 July 22, 1991

ORDER of the monitor production of documents pertaining to CTF-Soledad ( Date Entered: 7/19/91) (cc: all counsel) (th, COURT STAFF)

RECAP
3222 July 26, 1991

SIXTH INTERIM APPLICATION for attorneys' fees and costs by plaintiff (dm, COURT STAFF)

RECAP
3223 July 26, 1991

MOTION by plaintiff for sixth interim award of attorney fees, and for order establishing periodic fee collection procedure with Notice set for 9/5/91 at 1:30 (dm, COURT STAFF)

RECAP

Case Details

State / Territory:

California

Case Type(s):

Prison Conditions

Special Collection(s):

California's Prisoners' Rights Bar article

Solitary confinement

Key Dates

Filing Date: Aug. 15, 1973

Closing Date: Feb. 13, 1997

Case Ongoing: No

Plaintiffs

Plaintiff Description:

prisoners confined in administrative segregation in four California state prisons – San Quentin, Folsom, Dueul Vocational Institute at Tracy, and the Correctional Training Facility at Soledad

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

MALDEF

Prison Law Office

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

California Department of Corrections

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Other Dockets:

Northern District of California 3:73-cv-01422

U.S. Court of Appeals for the Ninth Circuit 87-02910

U.S. Court of Appeals for the Ninth Circuit 89-15613

Supreme Court of the United States 91-5089

Supreme Court of the United States 77-504

U.S. Court of Appeals for the Ninth Circuit 80-04534

U.S. Court of Appeals for the Ninth Circuit 83-01678

U.S. Court of Appeals for the Ninth Circuit 83-01775

U.S. Court of Appeals for the Ninth Circuit 84-02833

U.S. Court of Appeals for the Ninth Circuit 85-02526

U.S. Court of Appeals for the Ninth Circuit 85-01878

U.S. Court of Appeals for the Ninth Circuit 85-01507

Supreme Court of the United States 86-1587

U.S. Court of Appeals for the Ninth Circuit 88-07078

U.S. Court of Appeals for the Ninth Circuit 90-70103

Available Documents:

Any published opinion

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief granted

Order Duration: 1976 - 1997

Issues

General/Misc.:

Bathing and hygiene

Classification / placement

Education

Fire safety

Food service / nutrition / hydration

Rehabilitation

Sanitation / living conditions

Totality of conditions

Affected Sex/Gender(s):

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Crowding (General)

Disciplinary segregation

Protective custody

Recreation / Exercise

Restraints (physical)

Solitary confinement/Supermax (conditions or process)

Visiting

Medical/Mental Health Care:

Medical care, general

Recommended Citation