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1 JEFFREY BORNSTEIN – 99358

ERNEST GALVAN – 196065

2 KARA JANSSEN – 274762

HUGO CABRERA – 309289

3 ROSEN BIEN GALVAN & GRUNFELD LLP

101 Mission Street, Sixth Floor

4 San Francisco, California 94105-1738

Telephone: (415) 433-6830

5 Facsimile: (415) 433-7104

Email:

jbornstein@rbgg.com

6

7 Attorneys for Plaintiffs

8

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

12 ASHOK BABU, ROBERT BELL, IBRAHIM KEEGAN-HORNSBY, DEMAREA
13 JOHNSON, BRANDON JONES, STEPHANIE NAVARRO, ROBERTO
14 SERRANO, and ALEXANDER WASHINGTON on behalf of themselves and
15 all others similarly situated,

16

Plaintiffs,

v.

17 COUNTY OF ALAMEDA; GREGORY J.

18

AHERN in his official capacity as Sheriff of the Alameda County Sheriff’s Office; CAROL

19

BURTON in her official capacity as Interim Director of the Alameda County Behavioral

20

Health Care Services Agency; and DOES 1 to 20, inclusive,

21

Defendants.

22

23

24

25

26

27

Case No. CV CIVIL COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF CLASS ACTION (1) Cruel and Unusual Use of
Isolation: Violations of 8th and 14th Amendments of U.S. Constitution, and Article I, Sections 7 and 17 of California Constitution (2) Failure to Provide Due Process to Prisoners: Violations of 14th Amendments of U.S. Constitution, and Article I, Section 7 of California Constitution (3) Failure to Provide Adequate Mental Health Care to Prisoners: Violations of 8th and 14th Amendments of U.S. Constitution, and Article I, Sections 7 and 17 of California Constitution (4) Failure to Provide Reasonable Accommodations to Prisoners with Disabilities: Violations of Americans with Disabilities Act, Rehabilitation Act, and California Government Code § 11135

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1

NATURE OF ACTION

2

1. The Alameda County Jail system is broken, especially when it comes to the

3 way it treats people with psychiatric disabilities. Due to understaffing, poor management,

4 and lack of treatment space, Alameda County relies almost entirely on the unconstitutional

5 use of isolation to manage prisoners, including prisoners with significant disabilities and

6 mental health needs, resulting in horrific suffering. Alameda County’s use of isolation has

7 had tragic consequences and, over the last five years, at least thirty-three individuals

8 incarcerated in the Alameda County Jails have died, including thirteen individuals who

9 committed suicide with many more unsuccessful attempts. These deaths are not isolated

10 tragedies but rather are indicative of the harsh and unconstitutional conditions in the Jails.

11

2. Instead of working to ensure prisoners with psychiatric disabilities are cared

12 for adequately, per Alameda County policy, these prisoners are classified as “mentally

13 disordered” and held in either the Behavioral Health Units or in Administrative

14 Segregation because of their disabilities and with little to no access to programming,

15 minimal out of cell time, practically no access to the outside, and no meaningful mental

16 health treatment. Mental health treatment is virtually non-existent at the Jails, even on the

17 Behavioral Health unit – which is designated as the unit for prisoners with significant

18 psychiatric disabilities. Jail staff are untrained or otherwise unresponsive to the mental

19 health needs of prisoners and fail to respond to emergency call buttons pressed by

20 prisoners who are mentally ill and in the midst of a crisis. Jail staff also fail to check on

21 the well-being of prisoners who are suicidal, resulting in preventable deaths. Mental

22 health appointments are incredibly brief, often lasting only a few minutes, and occur cell

23 side or at open tables on the unit where other prisoners and custody staff can hear

24 everything being said.

25

3. Prisoners with psychiatric disabilities are frequently punished for their

26 disability-related behaviors by being put in Administrative Segregation, which is even

27 more restrictive than the Behavioral Health Units. Prisoners in Administrative Segregation

28 are only allowed five hours of out of cell time per week and rarely, if ever, are allowed to

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1 go outside. Alameda County uses isolation as punishment, in what is referred to in its

2 policies as “Disciplinary Isolation”, and fails to provide prisoners in isolation generally, or

3 in the Administrative Segregation units specifically, with due process and a meaningful

4 method of challenging their placements.

5

4. Prisoners who are suicidal are thrown into what are referred to as “safety

6 cells” where they are stripped naked and given only a smock to cover themselves. The

7 safety cells contain no furniture and only a hole in the ground for prisoners to use as a

8 bathroom, meaning that prisoners have to sleep and eat on the same floor that they must

9 also urinate and defecate on and are also unable to wash their hands after going to the

10 bathroom. Prisoners in the safety cells are not allowed any out of cell time and are not

11 allowed to keep any personal possessions in the safety cells, including reading material and

12 toilet paper. By Jail policy, prisoners can be confined for up to 72 hours in these cells.

13 Yet, prisoners have been forced to stay in such cells for a week or more at a time.

14 Conditions so bad, prisoners have stopped reporting suicidal feelings to staff in order to

15 avoid being thrown into safety cells.

16

5. This civil rights class action lawsuit seeks to remedy the dangerous,

17 discriminatory, and unconstitutional conditions in the Glenn Dyer Detention Facility

18 (“Glenn Dyer”) in Oakland, California and the Santa Rita Jail (“Santa Rita” and

19 collectively the “County Jails” or “Jails”) in Dublin, California. The eight individual

20 Plaintiffs in the Jails bring this action on behalf of themselves and those similarly situated

21 against Defendants County of Alameda (“Alameda County” or the “County”), Gregory J.

22 Ahern (“Ahern”) in his official capacity as Sheriff of the Alameda County Sheriff’s Office

23 (“Sheriff’s Office”), and Carol Burton (“Burton”) in her official capacity as Interim

24 Director of Alameda County Behavioral Healthcare Services (“BHCS”) (collectively,

25 “Defendants”).

26

6. Plaintiffs seek a declaration that Defendants’ ongoing policies and practices

27 violate their constitutional and statutory rights, and further, such injunctive relief

28 compelling Defendants to (1) cease the harmful, excessive and unconstitutional use of

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1 isolation; (2) provide due process to prisoners regarding their placement in isolation; (3)

2 provide prisoners with psychiatric disabilities meaningful access to the Jails’ programs,

3 services, and activities, including by housing them in the least restrictive setting

4 appropriate to their needs; (4) provide constitutionally adequate mental health care; and (5)

5 stop and/or limit the use of safety cells to only those prisoners who are truly in crisis for

6 the shortest term possible before they are transferred to a hospital.

7

JURISDICTION

8

7. This Court has jurisdiction over the claims brought under federal law

9 pursuant to 28 U.S.C. §§ 1331 and 1343. This Court has jurisdiction over the claims

10 brought under California law pursuant to 28 U.S.C. § 1367. Plaintiffs seek declaratory and

11 injunctive relief under 28 U.S.C. §§ 1343, 2201, and 2202, 29 U.S.C. § 794a, 42 U.S.C.

12 §§ 1983 and 12117(a), California Government Code § 11135, and Article I, Sections 7 and

13 17 of the California Constitution.

14

VENUE

15

8. Venue is proper in this Court, pursuant to 28 U.S.C. § 1391(b)(1), in that

16 Plaintiffs’ claims for relief arose in this District and one or all of the Defendants reside in

17 this District.

18

PARTIES

19 I. PLAINTIFFS

20

9. PLAINTIFF ASHOK BABU is a California detainee and has been held at

21 Santa Rita since on or around August 6, 2017. He is housed in Unit 09, which is the

22 Behavioral Health unit, in A pod and has been placed on Intensive Observation Log

23 (“IOL”) for most of his stay at Santa Rita. IOL is a form of suicide watch. Individuals on

24 IOL are not allowed to have socks or underwear and cannot participate in programming,

25 including classes and yard time. While on IOL, BABU is confined to his cell for 23 to 24

26 hours per day. BABU was first placed on IOL on or around August 18, 2017.

27 / / /

28 / / /

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1

10. After being on IOL for approximately six weeks, BABU was transferred to

2 John George Psychiatric Hospital (“John George”) on September 30, 2017 on a 5150 on

3 the grounds of danger to self and grave disability.

4

11. When BABU was discharged from John George on October 13, 2017 he was

5 placed back on IOL and held in the Outpatient Housing Unit (“OPHU”) for seven days in a

6 cell for 24 hours a day without access to outside yards, programming, or even day room

7 facilities. While he was held in the OPHU all his mental health visits were conducted

8 either through his closed cell door or at his cell with the door open.

9

12. Once BABU was moved back to Unit 09 he remained on IOL status until it

10 was discontinued on January 30, 2018. However, BABU was placed back on IOL less

11 than a month later, on February 19, 2018. BABU has remained on IOL status for more

12 than ten months, since February, and in total, he has spent nearly 15 months on IOL status.

13 Defendants have given him no indication that he will be removed from IOL in the

14 foreseeable future.

15

13. Since arriving at the Jail, BABU has not been able to go outside to the

16 exercise yard. With no access to books, classes, or programs, BABU spends his time

17 sleeping and crying. He also experiences shaking and dizziness and while incarcerated

18 began using a cane for mobility. Being housed on IOL has not helped to stabilize him.

19 BABU regularly hears voices telling him that he is “living in a cemetery” and “falling into

20 a creek” and he continues to be suicidal, depressed and additionally suffers from anxiety

21 attacks. According to Defendants records, BABU has been diagnosed as having “other

22 specified schizophrenia spectrum and other psychotic disorder” consisting of “Depressive

23 Disorder with Psychotic Features and ‘Schizophrenia Unspecified.” BABU is a person

24 with a disability as defined in 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and California

25 Government Code § 12926(j) and (m).

26

14. PLAINTIFF ROBERT BELL is a California detainee held at Santa Rita.

27 BELL was initially held at Glen Dyer, beginning on or around January 9, 2018, but after

28 making suicidal statements BELL was placed on IOL and transferred to the Behavioral

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1 Health Unit at Santa Rita. BELL remained on IOL for over four months, until May 21,

2 2018. While on IOL, BELL was confined to his cell for at least 23 to 24 hours per day,

3 was not allowed to wear socks or underwear, and rarely received clean clothing. In order

4 to get off of IOL, BELL informed mental health clinicians that he was no longer suicidal

5 so that he could receive more time out of his cell. BELL’s mental health improved after

6 being discharged from IOL and his desire to commit suicide decreased because, at that

7 time, he could spend more time outside of his cell.

8

15. Even though he still feels suicidal from time-to-time, BELL does not report

9 that to mental health staff or deputies because he fears being placed back on IOL. BELL

10 hears voices and takes psychotropic medications to address his mental health needs, which

11 include auditory hallucinations, anxiety, insomnia, and depression. According to

12 Defendants’ records, BELL has been found to have Major Depressive Disorder, Post

13 Traumatic Stress Disorder, and Panic Disorder. BELL is a person with a disability as

14 defined in 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and California Government Code

15 § 12926(j) and (m).

16

16. PLAINTIFF IBRAHIM KEEGAN-HORNSBY is a California pretrial

17 detainee held at Santa Rita. KEEGAN-HORNSBY was previously incarcerated at the

18 County Jails in 2016 and 2017 and was housed in Unit 09, the Behavioral Health Unit, for

19 the duration of each of his prior incarcerations. KEEGAN-HORNSBY was booked back

20 into Santa Rita Jail on December 28, 2017 following an approximately one week stay for

21 inpatient treatment at John George.

22

17. When he was admitted to Santa Rita on December 28, 2017, BHCS

23 recommended that he be returned to John George for additional care because he was still

24 suicidal. However, the Sergeant on duty disagreed with the recommendation and the

25 Sheriff’s Office overrode BHCS’ clinical judgement and instead placed KEEGAN-

26 HORNSBY into a safety cell in the OPHU, which has no programming, day room, or

27 outside area for recreation. KEEGAN-HORNSBY was placed in the safety cell for a day

28 without his clothes and with only blankets, which he used to sleep on the floor. After

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1 begging mental health staff to release him to a normal cell, KEEGAN-HORNSBY was

2 moved to the Behavioral Health Unit and placed on IOL for the next five months. During

3 this time, KEEGAN-HORNSBY was kept on IOL status even though mental health

4 providers noted that he presented as calm, cooperative, and without suicidal ideation on

5 multiple occasions. While on IOL, KEEGAN-HORNSBY was not allowed to wear

6 underwear or socks and was also not allowed to take classes or go outside. Since being

7 released from IOL status, KEEGAN-HORNSBY fears sharing information about his

8 mental health state with staff because he does not want to be returned to a safety cell or be

9 put back on IOL. Instead of talking to mental health staff KEEGAN-HORNSBY tries to

10 manage his own mental health by reading religious texts.

11

18. Mental health staff have also refused to prescribe KEEGAN-HORNSBY the

12 same psychotropic medications that he received at John George. He has been struggling

13 with the side-effects of the medications that the Jail has instead prescribed for him.

14 According to Defendants’ records, KEEGAN-HORNSBY has been diagnosed with

15 Adjustment Disorder with Depressed and Anxious Mood. KEEGAN-HORNSBY is a

16 person with a disability as defined in 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and

17 California Government Code § 12926(j) and (m).

18

19. PLAINTIFF DEMAREA JOHNSON is a California pretrial detainee and has

19 been held at Santa Rita on and off since 2012. He was most recently booked into Santa

20 Rita on June 27, 2018 and has been housed in an Administrative Segregation unit, in Unit

21 01, since arriving at Santa Rita. During previous stays at Santa Rita, JOHNSON was

22 housed in the Behavioral Health Unit. Typically, JOHNSON is let out of his cell for one

23 hour every other day, meaning that he usually spends 23 to 24 hours a day in his cell.

24 According to Defendants’ records, JOHNSON has been diagnosed with schizophrenia and

25 his psychiatric history includes self-harm and command auditory hallucinations.

26 JOHNSON is a person with a disability as defined in 42 U.S.C. § 12102, 29 U.S.C.

27 § 705(9)(B), and California Government Code § 12926(j) and (m).

28 / / /

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20. PLAINTIFF BRANDON JONES is a federal pretrial detainee held at Santa

2 Rita. JONES was previously incarcerated at Santa Rita for portions of 2016, 2017 and in

3 the Winter and Spring of 2018. JONES was most recently booked back into Santa Rita on

4 or around July 5, 2018. Throughout his prior incarcerations and in his current stay JONES

5 has been housed in the Behavioral Health unit. On December 7, 2016 JONES was placed

6 in an isolation cell and severely decompensated. Custody staff requested assistance from

7 mental health after observing JONES flooding his cell, peeing on the floor, and dumping

8 his food and water on the floor. When mental health staff arrived they noted that JONES

9 was “standing naked in his cell and his mattress was on the floor and everything was wet.”

10 Mental health staff transferred JONES to John George but he was returned to Santa Rita on

11 December 8, 2016, less than 24 hours later, and placed in a safety cell in the OPHU.

12 Prisoners in the OPHU have no access to the yard or a day room and are held in their cells

13 for 24 hours a day. After returning from John George on December 8th, JONES was held

14 in the OPHU for more than 72 hours in 24-hour-a-day solitary confinement, until at least

15 December 11th, despite having been cleared by classification to return to the Behavioral

16 Health unit two days earlier, on December 9th. When JONES returned to the Behavioral

17 Health Unit he was placed back into an isolation cell similar to the one he had

18 decompensated in only days prior. The only interactions JONES had with mental health

19 staff prior to being sent to John George and after returning from John George were

20 conducted at his cell door, frequently through a slot in the door, referred to as the cuffing

21 portal.

22

21. JONES was booked back into Santa Rita on or around July 5, 2018 but was

23 not seen by mental health staff until September 4, 2018, nearly two months later, despite

24 his history of requiring mental health treatment during his prior incarcerations and despite

25 being again housed in the Behavioral Health Unit. The records from the September 4 visit

26 note that JONES was not seen upon arrival at the Jail and that although classification

27 officers at booking noted JONES’ “history of ‘mental’ classification” they transferred

28 JONES to the Behavioral Health unit without notifying mental health.

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1

22. According to Defendants’ records, JONES has been diagnosed with

2 schizophrenia and bipolar disorder. JONES is a person with a disability as defined in 42

3 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and California Government Code § 12926(j) and

4 (m).

5

23. PLAINTIFF ROBERTO SERRANO is a federal pretrial detainee and has

6 been held at Glenn Dyer since on or around April 22, 2017. SERRANO has been housed

7 in isolation in Administrative Segregation since arriving at Glenn Dyer over a year ago.

8 On a typical day, SERRANO is locked in his cell for 23 to 24 hours a day and has

9 sometimes gone months without being able to go outside for exercise and recreation.

10 SERRANO has been given no meaningful opportunity to challenge his placement in

11 isolation. SERRANO has and continues to suffer significant harm from his prolonged

12 isolation and, he now experiences paranoia, fear and distrust of others, loss of social skills,

13 chronic insomnia, anxiety, agitation, and depression as a result of his continued isolated

14 confinement.

15

24. PLAINTIFF STEPHANIE NAVARRO, who is also known as JAMEE ANN

16 NAVARRO, is a California pretrial detainee in custody at Santa Rita. NAVARRO has

17 been held at Santa Rita before and during a prior stay in 2014, NAVARRO was confined

18 in two separate safety cells. NAVARRO was most recently booked into Santa Rita on

19 March 14, 2017 and has been housed in isolation in Housing Unit 21, the woman’s

20 Behavioral Health unit referred to on BCHS forms as the “mental pod”, and in Housing

21 Unit 24, which is the woman’s Administrative Segregation Unit. In November of 2017,

22 NAVARRO was transferred to Napa Psychiatric State Hospital for competency restoration

23 and was returned to Santa Rita on February 13, 2018. NAVARRO is currently housed in

24 Housing Unit 24 where NAVARRO is confined to her cell for 23 to 24 hours per day.

25 NAVARRO’s housing pod holds many prisoners with serious mental illnesses, including

26 prisoners who scream throughout the day and night, which causes NAVARRO to hear a

27 constant buzzing noise in her head. In the community, NAVARRO is prescribed

28 medications to treat her PTSD, but Santa Rita mental health staff have refused to prescribe

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1 the same medications. NAVARRO has been designated as “mental classification” by

2 Defendants, which she has been told means that she cannot be housed in any units besides

3 the women’s Behavioral Health unit and the woman’s Administrative Segregation unit.

4 According to Defendants’ records, NAVARRO has been diagnosed with bipolar disorder,

5 Borderline Personality Disorder, and PTSD and is a person with a disability as defined in

6 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B), and California Government Code § 12926(j)

7 and (m).

8

25. PLAINTIFF ALEXANDER WASHINGTON is a California pretrial

9 detainee held at Santa Rita. WASHINGTON was initially booked into Santa Rita in

10 March of 2017. Upon intake WASHINGTON was identified as suicidal and was initially

11 placed on IOL and assigned to the Behavioral Health Unit, Unit 09. However, the

12 following day WASHINGTON was placed into an isolation cell in the Administrative

13 Segregation Unit, Unit 02. Once placed in the isolation cell WASHINGTON

14 decompensated and began flooding his cell, banging his head, and yelling that he wanted

15 to die. He was then moved to a safety cell in Unit 02 where he was held for an additional

16 day before being returned to Administrative Segregation. Safety cells contain no furniture

17 and only a hole in the floor to use as a toilet. WASHINGTON was not allowed any of his

18 possessions or clothes and was instead only provided with a “modesty garment” and

19 blanket to cover himself. In addition, the safety cell he was kept in did not have a working

20 light and was covered in feces and blood from previous occupants. On March 19, 2017,

21 BHCS recommended that WASHINGTON be moved to Housing Unit 09. Despite BHCS’

22 recommendation, WASHINGTON was kept in Administrative Segregation on Unit 02 for

23 an additional six weeks, through at least May 5, 2017. WASHINGTON was subsequently

24 released but was arrested again on August 16, 2018 and sent to John George before being

25 booked back into Santa Rita on August 17, 2018.

26

26. Since August 17, 2018, WASHINGTON has been housed in the Behavioral

27 Health Unit on Unit 09. After one day, WASHINGTON was moved to IOL, where he

28 remained for one month. When he was finally visited by mental health staff,

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1 WASHINGTON told mental health staff that he was no longer suicidal so that he could be

2 discharged from IOL. During his current incarceration at Santa Rita, WASHINGTON has

3 tried discussing traumatic events in his life with therapists at Santa Rita but cannot do so

4 safely because custody staff insist on listening in to his appointments. WASHINGTON

5 has sometimes gone significant periods of time without seeing a psychiatrist and once had

6 to endure painful side effects of psychotropic medications for approximately four to six

7 weeks before being able to see a doctor who could adjust his medications. According to

8 Defendants’ records, WASHINGTON has been diagnosed with PTSD and Depressive

9 Disorder. WASHINGTON is a person with a disability as defined in 42 U.S.C. § 12102,

10 29 U.S.C. § 705(9)(B), and California Government Code § 12926(j) and (m).

11 II. DEFENDANTS

12

27. DEFENDANT COUNTY OF ALAMEDA (the “County” or “Alameda

13 County”) is a public entity, duly organized and existing under the laws of the State of

14 California. The County employs 50 or more persons. Defendant Alameda County

15 operates and manages the County Jails including through the County’s management and

16 operation of the Alameda County Sheriff’s Office (“Sheriff’s Office”), and Alameda

17 County Behavioral Health Care Services (“BHCS”). Defendant Alameda County is, and

18 was at all relevant times mentioned herein, responsible for the actions and/or inactions and

19 the policies, procedures, practices, and customs of the Sheriff’s Office and BHCS, and

20 their respective employees and/or agents. The County is responsible for ensuring that the

21 basic human needs of individuals in its custody are met, and for ensuring that individuals

22 are not at risk of serious harm, including by providing appropriate funding, oversight, and

23 corrective action to ensure adequate conditions. The County is also responsible for

24 ensuring that jail policies and practices do not violate prisoners’ constitutional rights. The

25 County by law possesses ultimate authority over and responsibility for the mental health

26 care, treatment, and safekeeping of Plaintiffs and the class and subclass they seek to

27 represent. The County receives state and federal funds for use in the operation of the

28 County Jails.

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1

28. DEFENDANT GREGORY J. AHERN (“AHERN”) is the elected Sheriff of

2 the County of Alameda and, as Sheriff, is responsible for overseeing all Alameda County

3 detention facilities run by the Alameda County Sheriff’s department, including Glenn Dyer

4 and Santa Rita. AHERN is sued in his official capacity only.

5

29. DEFENDANT CAROL BURTON (“BURTON”) is the Interim Director of

6 the Alameda County Behavioral Health Care Services Agency. As Interim Director,

7 BURTON is responsible for the provision of mental health care in the Jails. BURTON is

8 sued in her official capacity only.

9

30. Plaintiffs are ignorant of the true names and capacities of defendants sued in

10 this complaint as DOES 1 through 20, inclusive, and therefore sue these defendants by

11 such fictitious names. Plaintiffs will amend this complaint to allege their true names and

12 capacities when ascertained. Plaintiffs are informed and believe and thereon allege that

13 each of the fictitiously named Defendants is responsible in some manner for the

14 occurrences alleged in this complaint.

15

31. At all times mentioned in this complaint, each Defendant was the agent of

16 the others, was acting within the course and scope of this agency, and all acts alleged to

17 have been committed by any one of them was committed on behalf of every other

18 Defendant.

19

FACTUAL ALLEGATIONS

20 I. DEFENDANTS’ JAIL FACILITIES

21

32. Defendants operate and control two Jail facilities in Alameda County, Glenn

22 Dyer Detention Facility (“Glenn Dyer”) in Oakland, California and the Santa Rita Jail

23 (“Santa Rita”) in Dublin, California, (collectively, the “Jails”).

24

33. Glenn Dyer is a 20-level, 234,000 square-foot, maximum-security lockup.

25 The facility provides booking, intake, and custodial services for all of Alameda County.

26 Glenn Dyer also houses federal prisoners under a contract with the U.S Marshal Service.

27 / / /

28 / / /

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1

34. Santa Rita is considered a “mega-jail” and ranks as the third largest facility

2 in California and the fifth largest in the nation. Santa Rita houses detainees who are either

3 awaiting adjudication of their pending criminal matters or serving a sentence determined

4 by the courts.

5 II. 6

DEFENDANTS ROUTINELY OVERUSE AND IMPROPERLY USE ISOLATION AND SUBJECT PRISONERS IN ISOLATION, INCLUDING PRISONERS WITH DISABILITIES, TO INHUMANE CONDITIONS

7

35. Defendants are deliberately indifferent to the substantial and obvious risk of

8 harm caused by Defendants’ policies and practices of locking prisoners in isolation,

9 including prisoners with psychiatric disabilities, for prolonged periods of time. Over the

10 last several decades, mental health and correctional experts have documented the harmful

11 effects of prolonged isolation. Common side effects of prolonged isolation include

12 anxiety, panic, withdrawal, hallucinations, self-mutilation, and suicidal thoughts and

13 behaviors. Due to these side effects, prolonged isolation is known to worsen existing

14 psychiatric disabilities and can cause prisoners without pre-existing psychiatric disabilities

15 to develop them.

16

36. Placement in isolation imposes an atypical and significant hardship on the

17 prisoner in relation to the ordinary incidents of incarcerated life, so as to create a liberty

18 interest protected by due process. Defendants fail to provide process adequate to protect

19 that liberty interest. Despite the harmful and punitive conditions in these units, Defendants

20 lack an effective, accurate classification system to determine who gets placed in isolation.

21 Prisoners are placed in isolation indefinitely, with some individuals held in isolation for

22 years while they resolve pending criminal cases. Defendants offer prisoners no

23 meaningful way to challenge their placement in isolation, despite purporting to conduct

24 regular review of these placements. Defendants assign prisoners to isolation units based

25 on their classification as mentally ill, even where those pending charges do not involve

26 acts of violence.

27

37. Defendants use multiple terms to refer to isolation including Administrative

28 Isolation, Disciplinary Isolation, and Temporary Isolation. Defendants also use the term

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1 “Special Cells” to refer to isolation cells and safety cells. Individuals housed in these areas

2 are referred to as “Special Management Inmates.” Class I Special Management Inmates

3 are defined to include all prisoners in Administrative Isolation, Disciplinary Isolation,

4 Temporary Isolation, Protective Custody, all prisoners assigned to the Behavioral Health

5 units and all prisoners in isolation cells. Class II Special Management Inmates are defined

6 as individuals on IOL status. Housing Units may also have isolation cells specific to those

7 units. Plaintiffs refer to all of the above housing statuses, collectively, as “isolation.”

8

38. Approximately 10% of all prisoners at Santa Rita and approximately 20% of

9 all prisoners at Glenn Dyer are housed in what is known as Administrative Isolation.

10 Prisoners on Administrative Isolation are housed alone in a cell and are only permitted to

11 go outside of their cell alone for extremely limited periods of time, further depriving them

12 of any social interactions.

13

39. Defendants use isolation as a form of punishment, including for behaviors

14 that are related to an individual’s psychiatric disabilities. Disciplinary Isolation is defined

15 in Defendants’ policies as “punitive segregation from the general jail population and

16 restricted privileges for an inmate who has committed a serious rule violation.” Such

17 “serious rule violations” include being generally disrespectful, excessive whistling or other

18 noise, possessing unauthorized clothing, reporting to a program late, failing to cooperate

19 with work or education programs, possessing more than 15 vending machine tokens, or

20 failing to return a tray after meal time. Individuals in Disciplinary Isolation are permitted

21 to leave their cells for up to one hour a day, five days a week. There is no cap on the use

22 of Disciplinary Isolation and prisoners may be held in Disciplinary Isolation for more than

23 30 days, even for a single rule violation, where authorized by the Commanding Officer at

24 the Jails.

25

40. Defendants control housing assignments and house prisoners in isolation in

26 various housing units in the jails, including, but not limited to, in Administrative

27 Segregation units, which house prisoners on Administrative Isolation, Disciplinary

28 Isolation, Temporary Isolation and Protective Custody (men’s Housing Units 01, 02, and

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1 08 and women’s housing unit 24) and Behavioral Health units (men’s Housing Unit 09 and

2 women’s Housing Unit 21), for 22 or 23 hours or more per day. Prisoners housed in

3 Administrative Segregation, including those with serious psychiatric disabilities, are

4 sometimes kept in their cells between 23 and 24 hours per day, sometimes only being let

5 out of their cells to use the dayroom for one hour every other day. In these units, this scant

6 dayroom time is the only chance people have to shower, make phone calls, or order

7 commissary. All of the beds in these units are located in locked cells and prisoners are

8 typically required to eat meals in their cells as well.

9

41. Prisoners in the Behavioral Health Units are kept in their cells for 22 to 23

10 hours per day and sometimes not let out at all in a 24 hour period. When they are let out

11 for cells for one or even in some cases two hours, they must compete with the other

12 prisoners for access to services such as the phone (both for making calls to attorneys and

13 family and for placing commissary orders), showers, and hygiene tools such as nail

14 clippers and razors. Approximately one hour of this extremely limited out of cell time is

15 also consumed each day by pill call. In the Behavioral Health Units, some prisoners are

16 double-celled, but being locked with a cellmate in a small cell does not compensate for the

17 severe isolation. Instead, this double-celling requires two strangers with psychiatric

18 disabilities to live around-the-clock in intolerably cramped conditions. Deputies in the

19 Behavioral Health units verbally harass mentally ill inmates, calling them slurs like

20 “crazies” and telling them things like “you crazies go back to your cells now” and to “stop

21 faking” mental illness.

22

42. Prisoners held in Administrative Segregation units are typically locked in

23 single-occupancy cells and cannot have conversations with other individuals unless they

24 speak into the vents in their cells, or shout loudly enough for people to hear through the

25 cell walls and doors. Any communication among suspected gang members, even just a

26 greeting, may be and has been used by Defendant to justify extending isolation.

27 Defendants also typically shackle prisoners housed in Administrative Segregation every

28 time they have contact with anyone outside of their cells.

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1

43. Disability-related behaviors may also be used to justify extending isolation.

2 BHCS records indicate that, on at least one occasion, Plaintiff NAVARRO became

3 hypomanic, a symptom related to her bipolar disorder, and instead of providing her with

4 the mental health treatment she sorely needed, Defendants moved her from the Behavioral

5 Health Unit to the Administrative Segregation unit. BHCS records indicate she was

6 moved due to her “hypomanic” behaviors and because a deputy, not a BHCS mental health

7 professional, found she was not “re-directable” by that deputy’s standards.

8

44. Prisoners with psychiatric disabilities who are moved to the Outpatient

9 Housing Unit (“OPHU”) for treatment or monitoring have no access to an outside yard or

10 day room. Prisoners housed in the OPHU are supposed to be escorted by deputies to

11 exercise facilities on other units but, upon information and belief, this rarely - if ever -

12 happens. As a result, prisoners housed in the OPHU because of their disabilities are kept

13 in their cells 24 hours a day in isolation without any access to programming. Plaintiffs

14 BABU, JONES, and KEEGAN-HORNSBY have all been housed in 24 hour a day

15 isolation in the OPHU due to behaviors related to their underlying psychiatric disabilities.

16 Plaintiff BABU was held in the OPHU for seven days without ever leaving his cell and

17 during that time was also denied access to reading materials, the phone and to showers.

18

45. Defendants subject some prisoners in its jails to even more extreme forms of

19 isolation. At Santa Rita, some of the isolation cells are located outside of the main housing

20 units, in the hallway. These cells are completely separated from the rest of the housing

21 unit such that prisoners cannot hear or see any activity in the housing unit. These prisoners

22 cannot even attempt to interact with other prisoners. Officers have no line of sight into

23 these cells, and people locked in the cells experience extreme sensory deprivation.

24

46. Plaintiff WASHINGTON was recently held in a hallway isolation cell for

25 two days after telling deputies that he had lice. Instead of assessing him for lice, the

26 deputies assumed he was hallucinating and put him in the isolation cell. The cell had only

27 a small window and WASHINGTON could not hear any sounds from his housing unit.

28 The hallway isolation cell was very cold but WASHINGTON was not provided with

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1 blankets or a mattress for the 48 hours he was held there.

2

47. Defendants do not conduct meaningful or effective review of isolation

3 placements and do not provide prisoners with meaningful methods to understand why they

4 have been placed in isolation and how they can be removed from isolation.

5

48. At Glenn Dyer, federal pretrial prisoners are often placed in administrative

6 isolation indefinitely, with some prisoners housed in isolation for years while they resolve

7 their federal cases. Plaintiff SERRANO has been housed in isolation for over 19 months,

8 since arriving at Glenn Dyer on April 21, 2017 as a federal pretrial detainee. SERRANO

9 is housed alone in a small cell. He is allowed out of his cell only for one hour every other

10 day and always alone. He is allowed access to the outdoor exercise yard only rarely and

11 has sometimes gone months without going outside. Since being housed in isolation,

12 SERRANO has been and continues to experience paranoia, fear and distrust of others, loss

13 of social skills, chronic insomnia, anxiety, agitation, and depression as a result of long-

14 term extreme isolation. Despite his worsening mental health, SERRANO has never been

15 told what to do or how to get help if he experiences a mental health crisis.

16

49. Prior to arriving at Glenn Dyer, SERRANO was held at the Santa Clara

17 County Jail in San Jose, California. When he arrived at Glenn Dyer in April 2017,

18 classification officers assigned SERRANO to isolation in an Administrative Segregation

19 unit. Officers told SERRANO that he was being housed in isolation so that he would serve

20 out the balance of discipline that had been imposed on him at the Santa Clara County Jail

21 for a fight that occurred at the Santa Clara County Jail nearly two years ago. SERRANO

22 had no meaningful opportunity to challenge his placement. In response to a grievance, he

23 was told only that he is in administrative isolation due to his “in house history” and his

24 criminal case. SERRANO has not been disciplined for any serious rules infraction nor for

25 any act of violence while at Glenn Dyer, and certainly has not been disciplined for

26 anything that should result in indefinite placement in isolation. Upon information and

27 belief, prisoners facing the same or similar criminal charges are housed in the general

28 population at the County Jails.

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1

50. Plaintiff JOHNSON has been incarcerated at Santa Rita as a California

2 pretrial detainee since June 27, 2018. JOHNSON has been confined in isolation in an

3 Administrative Segregation unit since he was booked into Santa Rita even though he has

4 not been disciplined for any act of violence while at Santa Rita. He has not been informed

5 by Jail staff of the reason for his placement and has had no meaningful opportunity to

6 challenge his placement. He has also received no notice or other information from Jail

7 staff regarding his placement in isolation. JOHNSON was told to write to classification to

8 find out why he is in isolation and he did so but has never received a response from

9 classification. Upon information and belief, prisoners facing the same or similar criminal

10 charges as JOHNSON are housed in the general population at the Jails.

11

51. Prolonged isolation is harmful to all prisoners, but it is particularly harmful

12 for prisoners with psychiatric disabilities. Defendants have not modified their policies and

13 procedures to accommodate people with such disabilities so that they do not suffer harm,

14 and worsening of their pre-existing disabilities, from isolation.

15

52. Defendants have a policy of locking prisoners with psychiatric disabilities in

16 highly restrictive isolation units because of their disabilities and without offering

17 reasonable modifications that would permit them to be housed in less restrictive areas. As

18 a result, Defendants deny prisoners with psychiatric disabilities with meaningful access to

19 the Jails programs, services, and activities. Per the Jails’ policies, prisoners categorized as

20 “mentally disordered” and prisoners on IOL for suicidal tendencies, bizarre behavior,

21 pyschotropic medication, or medical observation must be housed in special management

22 units (which includes the Behavioral Health units), maximum security units, or in the Out-

23 Patient Housing Unit – all of which are highly restrictive units that provide significantly

24 reduced, or non-existent, access to educational and rehabilitative programming compared

25 to that available to their non-disabled peers. Prisoners with psychiatric disabilities held in

26 these units may receive as little as five hours of time outside of their cell per week, far less

27 than their non-disabled peers.

28 / / /

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1

53. Defendants’ disciplinary process fails to take into account behavior which

2 results from psychiatric disabilities and the lack of adequate mental health care at the Jails.

3 As a result, Defendants lock people with psychiatric disabilities in isolation, including in

4 safety cells, for nonconforming and erratic behaviors related to their psychiatric disabilities

5 without exploring whether less restrictive options or alternatives could resolve the

6 behaviors. This policy and practice deprives prisoners with psychiatric disabilities of

7 access to the programs, services, and activities available in the less restrictive units. The

8 restrictive conditions and lack of programming options in the Administrative Segregation

9 and Behavioral Health Units serve only to worsen these disability-related behaviors.

10 Instead of providing treatment, however, Defendants respond by locking prisoners in

11 isolation for even longer periods of time.

12

54. Defendants also fail to monitor prisoners with and without psychiatric

13 disabilities or provide sufficient mental health services to prisoners locked in isolation.

14 This is despite the well-known medical and mental health dangers of locking people in

15 their cells for prolonged periods of time.

16

55. Plaintiff JOHNSON has been held in isolation for the entirety of his current

17 stay at Santa Rita despite his significant psychiatric disabilities. Mental health staff at the

18 Jail have repeatedly emphasized the severity of his mental disorder, noting that he once

19 had “a cardboard cell phone that he had drawn on, in which he talks with his grandpa,

20 uncle and 6 kids”, that he was “unpredictable” and prone to yelling “time travel. Fiji

21 man,” and that he was “rambling, disorganized… has a fixed delusion about McDonald’s.”

22 Despite his clear need for mental health treatment, he has been housed in an

23 Administrative Segregation unit since June 2018, where he is housed alone in a tiny cell

24 without access to programming. He has seen mental health staff only once during this

25 stay, for roughly six minutes at his cell door.

26

56. JOHNSON is allowed out of his cell only for one hour every other day and

27 always alone. He has never been offered outside yard time during his current stay. He

28 spends much of his time in isolation watching the TV in his unit’s dayroom through his

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1 cell door, which he can only see from an angle and cannot hear. This prolonged isolation

2 has worsened JOHNSON’s pre-existing psychiatric disabilities and, as a result, he

3 experiences repeated and debilitating auditory hallucinations, loss of social skills, anxiety,

4 agitation, and depression.

5

57. By policy, the County requires only five hours a week of out of cell time for

6 prisoners housed in isolation. This is below any acceptable corrections standard including

7 the standards set by the American Correctional Association which require that prisoners

8 are provided with at least one hour a day outside of their cells. This level of isolation is

9 harmful to the mental and physical health of any prisoner, but is especially dangerous for

10 prisoners with mental illness.

11

58. Prisoners in the isolation units, including in Administrative Segregation and

12 in the Behavioral Health units are rarely, if ever, permitted to go outside and are deprived

13 of adequate opportunities to exercise. Exercise opportunities at the County Jails are well

14 below all established detention standards. See Cal. Code Regs. tit. 15 § 1065 (requiring 3

15 hours of “exercise” per 7 days); Cal. Code Regs. tit. 15 § 1006 (“‘Exercise’ means physical

16 exertion of large muscle groups.”); Cal. Code Regs. tit. 24 § 1231.2.10 (defining exercise

17 area minimum of at least one exercise area of not less than 600 sq. ft.).

18

59. Prisoners in isolation at Glenn Dyer are offered outdoor exercise as little as

19 one hour per month. Plaintiff SERRANO has at times gone for months without being able

20 to go outside.

21

60. Prisoners in isolation in Administrative Segregation units at Santa Rita may

22 receive even fewer outdoor exercise opportunities. Plaintiff JOHNSON has not been to the

23 outside yard even once since he was booked into Santa Rita six months ago. Plaintiff

24 NAVARRO has only been able to go outside to the yard three times over the past year

25 while in the Administrative Segregation unit and is only permitted to go outside alone,

26 denying her any social interaction with other prisoners.

27

61. Access to outdoor exercise for those in the Behavioral Health Unit at Santa

28 Rita is likewise rare, with many prisoners not receiving outdoor exercise opportunities for

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1 several months at a time. Plaintiff JONES has not been outside to the yard for over a year.

2 Plaintiffs BELL has not been outside to the yard for several months. When BELL has

3 asked for yard time in the past the deputies just ignore his request. Plaintiff KEEGAN-

4 HORNSBY has only been allowed to go to the yard 3-4 times over the past year. He has

5 requested yard time from deputies, at various times, his requests have been denied

6 numerous times. Plaintiff BABU has never been permitted to go to the outside yard.

7 Plaintiff WASHINGTON has also not been allowed to go to the outside yard since he

8 arrived at Santa Rita in August 2018.

9

62. Defendants offer a wide variety of programs to prisoners which, if

10 completed, can result in sentence reductions and better enable prisoners to reintegrate into

11 the community. These programs could also be helpful at sentencing in federal cases.

12 Defendants prohibit prisoners in isolation cells from attending structured group

13 recreational, religious, educational, or vocational programs which are offered to general

14 population prisoners. This includes the Behavioral Health Units and OPHU prisoners with

15 psychiatric disabilities.

16

63. Glenn Dyer offers several programs to prisoners including: Adult Based

17 Education and General Education Development, to allow prisoners to get their GED or

18 High School diploma, Literacy programs, Bible Study, One on One Faith Based

19 Counseling, and recreational games such as cards and board games. Upon information and

20 belief only the GED program and One on One Faith Based Counseling are available in

21 Glenn Dyer’s Administrative Segregation unit.

22

64. Santa Rita offers more than twenty-five programs to prisoners including:

23 Adult Based Education and General Education Development, to allow prisoners to get

24 their GED or High School diploma; English as a Second Language; Literacy; Sheriff’s

25 Work Alternative Program; Anger Management; Restorative Justice; Bible Study; One on

26 One Faith Based Counseling; Chapel Services; Career Development programs including

27 Employability, Computer Technology, Barbering, Cosmetology, Food Service,

28 Commercial Baking Commercial Kitchen; Parenting classes including Dads Acquiring and

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1 Developing Skills (DADS), Teaching and Loving Kids (TALK), and Maximizing

2 Opportunities for Mothers to Succeed (MOMS); Substance Abuse programs including

3 Narcotics Anonymous, Deciding, Educating, Understanding, Counseling, and Evaluation

4 (DEUCE), Breaking the Chains, and Alcoholics Anonymous; and recreational games such

5 as cards and board games.

6

65. Defendants discriminate against prisoners with psychiatric disabilities,

7 because those prisoners are housed in restrictive and isolative housing units without access

8 to the above listed programs offered throughout the rest of Santa Rita. They are thereby

9 deprived of the opportunity to reduce their sentences and better position themselves for

10 release because of their psychiatric disabilities. Of these many programs, only two

11 programs – Breaking the Chains and a GED correspondence class, are offered to prisoners

12 with psychiatric disabilities in the Behavioral Health unit and only one program, Chapel

13 Services, is offered to prisoners in the Administrative Segregation units, which also

14 includes prisoners with psychiatric disabilities.

15

66. Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON, JONES,

16 NAVARRO, and WASHINGTON would like to participate in the Jail’s educational

17 programs, group, and/or religious services, but cannot because of they are placed in

18 restrictive and isolative housing units because of their psychiatric disabilities. If there

19 were education and other programming opportunities offered in their respective housing

20 units, they would participate. Plaintiff KEEGAN-HORNSBY needs to take a domestic

21 violence class to assist him with his criminal case but has been unable to do so because the

22 class is not offered in the Behavioral Health unit. He was told he could transfer to a general

23 population unit to take the class but would then be unable to get needed mental health

24 treatment, putting him in the impossible position of choosing between mental health

25 treatment and obtaining needed rehabilitative programming. Due to the severity of his

26 mental health needs KEEGAN-HORNSBY had no choice but to forgo the rehabilitative

27 programming and instead stay in the Behavioral Health Unit.

28 / / /

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1

67. Adding to the harmful effects of isolation, lack of outdoor exercise, and lack

2 of structured programming, conditions in the isolation units are deplorable. Some

3 prisoners with inadequately treated mental illnesses smear themselves and the walls of

4 their cell with excrement. The smell of feces pervades throughout the units. These

5 unsanitary conditions are compounded by the failure to provide soap to prisoners who

6 cannot afford to purchase soap, and by custody staff’s failure to distribute adequate

7 cleaning supplies to prisoners or provide sufficient time to allow prisoners to clean their

8 cells. Defendants also serve prisoners bland and extremely repetitive meals with little

9 nutritional value which are frequently contaminated with rocks, plastic, and rodent feces.

10

68. Some prisoners in the isolation units are incoherent, unresponsive, or

11 actively delusional. Some are partially or fully naked in their cells. Some scream

12 repeatedly in anguish, or are so consumed by auditory or visual hallucinations that they are

13 unable to communicate.

14

69. The conditions in isolation significantly increase the risk that prisoners with

15 psychiatric disabilities will have their condition decompensate when placed in isolation. A

16 significantly disproportionate percentage of suicides occur in isolation units. Because of

17 the risks posed by isolation to prisoners with psychiatric disabilities, a consensus has been

18 reached in mental health correctional communities that prisoners with psychiatric

19 disabilities should only be placed in isolation if absolutely necessary. In addition, if

20 prisoners with mental illness are placed in isolation, there must be limits on the amount of

21 time they remain in such units, they must be monitored closely, and they must be provided

22 with significant structured and unstructured out-of-cell time.

23

70. Defendants do not have adequate safeguards in place to ensure that prisoners

24 with psychiatric disabilities are only placed in isolation when absolutely necessary. In

25 fact, upon information and belief, Defendants have a policy and practice of placing

26 prisoners with the most serious psychiatric disabilities in Housing Unit 1 F-Pod, Housing

27 Unit 2 F-Pod, and Housing Unit 8 F-Pod, all Administrative Segregation units. As a result,

28 rather than only placing prisoners with psychiatric disabilities in isolation when absolutely

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1 necessary, Defendants have a policy and practice of placing mentally ill prisoners there

2 because of their disabilities and keeping them there for long periods of time.

3

71. For example, the coroner’s report regarding the death of prisoner Jesus

4 Dickey on June 27, 2018 states that Mr. Dickey was initially housed in Housing Unit 8,

5 pod E, cell #6 as a “mental PC” but was moved to Housing Unit 8 F-Pod (an

6 administrative segregation unit) because he was “not getting along with other inmates in E-

7 pod.” Mr. Dickey died in the isolation cell to which he was moved.

8

72. Defendants lack policies and practices to reevaluate whether prisoners with

9 mental illness placed in isolation should remain in isolation. The amount of unstructured

10 out-of-cell time that Defendants provide to prisoners in Administrative Segregation—a

11 maximum of five hours per week—falls below the standard of care and constitutes cruel

12 and unusual punishment. And no amount of structured out-of-cell time, such as group

13 therapy of formal group programming, is provided to prisoners in isolation including to

14 prisoners with psychiatric disabilities in the Behavioral Health Units.

15

73. Defendants’ policy for conducting safety checks is inadequate to ensure the

16 safety of prisoners with serious mental illness in Administrative Segregation units and in

17 the Behavioral Health Units. Defendants have a policy requiring safety checks once every

18 half hour in isolation units, but fail to follow this policy and frequently fail to conduct

19 appropriate checks at intermittent and unpredictable times. Defendants’ performance of

20 safety checks is perfunctory and does not include direct visual observation that is sufficient

21 to assess the prisoner’s well-being and behavior. Defendants fail to utilize verbal

22 interaction as a part of their safety checks even when visual observation of the subject

23 prisoner is obscured or circumstances otherwise demonstrate reason for concern about the

24 prisoner’s well-being and behavior. As a result, prisoners in isolation are placed at an

25 increased risk of harm.

26

74. The lack of adequate functional emergency call buttons and custody staff’s

27 slow response times compound the risk to inmate safety presented by the lack of regularly

28 performed safety checks by custody staff. Custody staff’s failure to perform adequate

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1 welfare checks and failure to timely respond to emergencies is exacerbated by severe

2 understaffing of custody deputies at the Jails.

3

75. Prior to committing suicide, on April 7, 2018, Logan Masterson was housed

4 in isolation in Housing Unit 2. He had been discontinued from placement in a safety cell

5 on suicide watch just two days earlier. Incident reports relating to Mr. Masterson’s suicide

6 state that general observation checks were not performed on Mr. Masterson for over an

7 hour before he was found hanged in his cell. The welfare check that was performed last on

8 Mr. Masterson was dangerously cursory and superficial. According to the incident reports,

9 the custody officer’s view of Mr. Masterson was “obstructed” and he “could not tell what

10 Masterson was doing.” At this time, the cell was thoroughly contaminated with feces, and

11 “[t]here was fecal matter on the walls, floor, and window of the cell.” Despite having no

12 clear view of Mr. Masterson, despite the horrific condition of Mr. Masterson’s cell, despite

13 Mr. Masterson’s bizarre behavior including flooding his cell, and despite Mr. Masterson’s

14 having been on suicide watch fewer than 36 hours earlier, the custody officer “did not

15 spend more than a few seconds looking in the direction of [Masterson’s] cell.”

16

76. Prior to committing suicide, Edwin Villalta was assigned to Administrative

17 Segregation and held in isolation in Housing Unit 01. Mr. Villalta was found dead in his

18 cell on November 28, 2017 after hanging himself from the unoccupied upper bunk in his

19 cell with his County issued blanket. Mr. Villalta was not on IOL at the time and was

20 discovered during a routine check of the unit.

21

77. Defendants’ inadequate policies and procedures for monitoring prisoners in

22 administrative isolation units, including prisoners with psychiatric disabilities placed both

23 Mr. Villalta and Mr. Masterson at risk prior to their suicides and contributed to their

24 suicides because Defendants failed to conduct meaningful safety checks at frequent and

25 unpredictable times.

26

78. The cumulative effect of prolonged isolation, along with the denial of

27 opportunities for vocational, recreational, educational, and religious programming, being

28 housed in a small cramped and filthy cell have caused and continue to cause prisoners at

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1 the Jails, including prisoners with psychiatric disabilities, serious physical and

2 psychological harm and puts them at substantial risk of continued significant harm in the

3 future.

4 III. DEFENDANTS FAIL TO PROVIDE MINIMALLY ADEQUATE MENTAL

HEALTH CARE TO PRISONERS AND DISCRIMINATE AGAINST

5

PRISONERS WITH PSYCHIATRIC DISABILITIES

6

79. Defendants fail to meet their constitutional obligation to provide adequate

7 mental health care to prisoners in the Jails. Defendants are deliberately indifferent to the

8 fact that their failure to provide adequate mental health care subjects prisoners to a

9 substantial risk of deteriorating psychiatric conditions, extreme and unnecessary anguish,

10 suffering and death. Defendants exacerbate the psychological trauma experienced by

11 prisoners with serious mental health conditions who are housed in isolation, including in

12 safety cells, by failing to provide them with necessary mental health care. As a result, their

13 disabilities worsen and their disability-related behaviors escalate, causing them to be kept

14 in isolation longer.

15

80. All mental health care in the Jails is provided by Defendant Alameda

16 County.

17

81. Defendants control prisoners’ access to mental health care professionals and

18 medications, inside or outside of the Jails. Accordingly, prisoners cannot receive any

19 mental health care services, including psychotropic medication, group and individual

20 therapy, and suicide intervention, unless Defendants provide them.

21

82. Defendants fail to adequately train custody and mental health care staff in

22 how to provide appropriate and timely mental health care. The lack of training is evident

23 from the numerous incidents in which prisoners’ health and lives have been, and continue

24 to be, placed at risk as a result of the deficient mental health care provided in the Jails. As

25 a result of a lack of adequate training, custody and health care staff fail to: (a) provide

26 timely and appropriate mental health screening; (b) track and monitor prisoners with

27 psychiatric disabilities; (c) properly administer and monitor psychotropic medications;

28 (d) recognize and properly refer prisoners exhibiting signs and symptoms of psychiatric

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1 disabilities to mental health staff; (e) respond adequately to prisoners who are suicidal;

2 (f) appropriately house prisoners with serious mental illness in the least restrictive setting

3 appropriate to their needs; (g) properly respond to prisoners’ requests for mental health

4 care or provide appropriate follow-up care; (h) provide confidential spaces for mental

5 health treatment; (i) maintain accurate and complete mental health records; and fail to

6 (j) provide appropriate reentry services for prisoners with psychiatric disabilities to allow

7 them to properly continue their mental health care.

8

83. Defendants’ policies and practices for mental health screening and tracking

9 are inadequate. Defendants fail to adequately identify, track, and treat the mental health

10 problems of newly arriving prisoners with psychiatric disabilities during the screening and

11 intake process. Defendants’ failure to identify and initiate adequate mental health

12 treatment via the Jails’ intake process places prisoners arriving at the Jails with psychiatric

13 disabilities at a significant risk of serious harm, including death.

14

84. When a prisoner is newly booked into the Jail, the first step of the intake

15 process involves custody or medical staff completing a brief one-page general health

16 screening form, called a Medical Intake Triage/Receiving Screening form, through a

17 cursory interview conducted with the prisoner in a non-confidential area of the Jail. Upon

18 information and belief, many questions contained in this form are frequently not asked

19 during the intake process, including those about mental health history and other basic and

20 essential data necessary to identify prisoners in need of mental health care, including those

21 at risk of self-harm. After the initial screening, newly booked prisoners are typically

22 interviewed by a member of the medical staff. Mental health staff from BHCS play no

23 role in this process. None of the Plaintiffs were told anything about mental health

24 treatment available at the Jails during the intake process. Plaintiff BELL was told only that

25 he would be placed on IOL without any further explanation and Plaintiff KEEGAN-

26 HORNSBY was similarly placed directly into a safety cell after coming to Santa Rita from

27 John George without any explanation for why he was being placed in the safety cell or

28 when he would be moved to a “normal” cell.

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1

85. Mental health staff only evaluate prisoners at intake if the medical care or

2 custody staff who complete the intake assessment forms refer the prisoner to mental health

3 care staff. Intake evaluations by mental health staff, when they occur at all, frequently do

4 not take place until days or weeks after a prisoner is booked into the Jails. Even when

5 prisoners disclose a psychiatric disability to staff, Defendants do not appropriately follow-

6 up with the prisoner and some prisoners with psychiatric disabilities may never be seen by

7 mental health staff during their incarceration. As a result, prisoners with psychiatric

8 disabilities are either denied care, or their care is delayed, putting them at increased risk of

9 serious harm including serious injury or death. For instance, Plaintiff JONES was not seen

10 for nearly two months after re-entering Santa Rita because classification noted his

11 “mental” classification but failed to properly notify mental health staff.

12

86. The process prisoners are supposed to use to access mental health care is not

13 explained to prisoners during intake. The “Alameda County Jail Handbook” states that

14 prisoners should “[t]alk to someone from the medical staff immediately … they can

15 schedule an appointment with [BHCS] Criminal Justice Mental Health.” Upon

16 information and belief, this handbook is not given to prisoners at intake. Rather, prisoners

17 must request the handbook from custody staff, often repeatedly, and then may or may not

18 receive a copy. Plaintiffs BELL, BABU, WASHINGTON, and KEEGAN-HORNSBY

19 have never received a copy of the handbook. Plaintiffs SERRANO, NAVARRO, and

20 JOHNSON were only able to obtain a copy of the handbook after filing a written request.

21 Regardless, the process described in the handbook is inadequate, and it is not followed in

22 practice at the Jails. Medical staff frequently fail to inform mental health staff, even when

23 prisoners disclose an active mental health crisis.

24

87. Prisoners may use the message request system at the Jails to access mental

25 health staff, but responses typically take one and a half to two weeks. For a prisoner

26 having a mental health crisis, this is an unacceptably long and dangerous delay and puts

27 prisoners at increased risk of harm.

28 / / /

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1

88. Defendants fail to ensure that requests for care reach mental health care staff

2 in a timely manner, if at all. Upon information and belief, there is no policy in place to

3 ensure that requests for mental health care are forwarded to mental health care staff. As a

4 result, prisoners with psychiatric disabilities are not timely seen or adequately treated.

5

89. Plaintiff JOHNSON has not been told how to access mental health care at

6 Santa Rita. Plaintiff JOHNSON has filed sick call slips requesting to be moved from the

7 Administrative Segregation unit to the men’s Behavioral Health Unit, in the hopes of

8 receiving more mental health care. He has not received any responses from Jail staff to

9 these requests.

10

90. By custom and policy, there is poor coordination of care for prisoners with

11 psychiatric disabilities. Upon information and believe, Defendants do not track the

12 numbers of prisoners with psychiatric disabilities or their specific housing locations and/or

13 disability-related needs.

14

91. Upon information and belief, by custom and policy, neither medical nor

15 corrections staff is adequately trained to recognize signs and symptoms of mental illness,

16 and to refer prisoners who exhibit such signs and symptoms to mental health staff. As a

17 result, staff fail to make appropriate referrals and prisoners who exhibit symptoms of

18 mental illness are not timely treated.

19

92. For example, Plaintiff JOHNSON told medical staff on December 13, 2017

20 that he was hearing voices telling him to harm himself. Jail mental health staff did not

21 receive a referral for this contact until December 16, 2017, when a mental health clinician

22 at Santa Rita reviewed the medical staff referral. Despite JOHNSON’s urgent concerns, he

23 was not actually assessed by a member of mental health staff until December 27, 2017.

24

93. Defendants’ policies and practices for prisoners who have been taking

25 prescribed psychotropic medications are inadequate. Upon information and belief,

26 Defendants fail to adequately train mental health staff in how to evaluate and treat

27 prisoners who arrive at the Jails and have been taking prescribed psychotropic medications

28 and fail to provide adequate treatment to such prisoners. Instead, Defendants routinely

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1 refuse to provide prisoners with the same prescribed psychotropic medication regimen they

2 were taking prior to their arrest.

3

94. Defendants have publicly acknowledged that necessary and appropriately

4 prescribed medications may not be available at the Jails. During a September 11, 2017

5 meeting of the Alameda County Mental Health Advisory Board, the Board heard reports

6 from the Criminal Justice Committee about “the challenges experienced by the mentally ill

7 in Santa Rita Jail” because “not all medications are available.” As a result, medications

8 that differ from those prescribed are routinely substituted even after confirmation of

9 prisoner’s valid prescriptions. These substituted medications can be less effective, cause

10 unforeseen side effects, and otherwise destabilize a patient, at a time when mental health

11 stressors for the prisoner are high. Prisoners at Santa Rita with mental illness may also be

12 over-medicated. Prisoners report observing individuals, who enter with “normal”

13 behavior, becoming like “zombies” soon after starting on the antipsychotic medications

14 prescribed by mental health staff.

15

95. Upon information and belief, Defendants lack any comprehensive system for

16 monitoring the prescription, distribution, efficacy, and side effects of psychotropic

17 medication and for ensuring continuity of care for prisoners with mental illness.

18

96. As a result of Defendants’ failure to provide medically necessary

19 psychotropic medications, prisoners with psychiatric disabilities are put at increased risk of

20 serious harm including: (1) withdrawal symptoms when the medications they were

21 prescribed before admission to the Jails are abruptly terminated; (2) recurrence of

22 debilitating symptoms such as hallucinations and suicidality; and (3) severe mental

23 decompensation. In addition, pursuant to what is known as the “kindling phenomenon,”

24 interruptions in prisoners’ psychotropic medications can cause a prisoners’ underlying

25 mental illness to worsen, putting them at increased risk of harm. This not only worsens the

26 underlying condition, but makes it more difficult to treat the underlying condition.

27

97. Plaintiff JOHNSON entered Santa Rita with valid community prescriptions

28 for Remeron, Abilify, Zyprexa, and Risperdal for paranoid schizophrenia. He had been

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1 released from Santa Rita only two and a half months earlier, during which he was housed

2 in the men’s Behavioral Health unit and was prescribed psychiatric medications. Despite

3 his very recent history of care, however, he did not receive his community prescriptions for

4 five days after he was booked and has been housed in the Administrative Segregation unit,

5 rather than the men’s Behavioral Health unit, where he had been housed before. In the

6 intervening period before his medications were restarted, he began experiencing increased

7 auditory hallucinations and other symptoms of his psychiatric disabilities. His

8 decompensation could have been prevented if he had received his medications at his

9 booking, rather than several days later.

10

98. Upon information and belief, Defendants fail to maintain adequate, accurate,

11 and confidential mental health care records. For example, upon information and belief,

12 psychiatrists often change prisoners’ medications without documenting a clinical rationale.

13 Upon information and belief, psychiatrists also fail to document their justification and

14 reasoning for changing the diagnosis and treatment plans for prisoners returning to the Jail

15 from psychiatric hospitals. As a result of Defendants’ failure to maintain adequate mental

16 health care records, prisoners suffer from a substantial risk of misdiagnosis, dangerous

17 mistakes, and unnecessary delays in care.

18

99. Upon information and belief, Defendants fail to request and/or obtain

19 medical files from outside providers for significant periods of time after the prisoner’s

20 arrival at the Jail (if at all). Defendants’ repeated failures to timely obtain medical records

21 from outside providers or pharmacies reduces the quality of care, as mental health staff

22 must then treat prisoners without pertinent background information which significantly

23 increases the risk of misdiagnosis, mistreatment, and harm and places prisoners at an

24 increased risk of harm.

25

100. Prisoners’ mental health records kept by Defendant BHCS usually contain no

26 records of any community care, even when a prisoner discloses a history of psychiatric

27 care in the community, and even when Defendants note such prior treatment history in a

28 prisoner’s mental health records. When a prisoner is transferred out of the Jails for care,

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1 Defendants fail to obtain records of that care even long after the prisoner has returned to

2 the Jails.

3

101. The Jails lack adequate facilities to conduct mental health encounters and

4 routinely conduct rushed mental health encounters in spaces that lack any confidentiality

5 or patient privacy. At Glenn Dyer, mental health consultations take place in a prisoner’s

6 pod or in the adjacent dayroom, spaces which lack privacy and confidentiality. Custody

7 deputies are present and can see and hear the full interaction, and other prisoners, including

8 the patient’s pod-mates, can observe the encounter as well. At Santa Rita, mental health

9 encounters either similarly occur cell-front, on-unit or sometimes in the hallway near the

10 central clinic, locations which all lack confidentiality and patient privacy. Prisoners who

11 have requested confidential encounters during cell-door visits have been told that there is

12 not enough custody staff to provide private meetings. The lack of confidentiality creates

13 great risks of harm, as Defendants put prisoners to the impossible choice between seeking

14 help in a mental health crisis and disclosing mental health and medical issues in front of

15 deputies and other prisoners, making them vulnerable to victimization.

16

102. Defendants are well aware of the serious dangers caused by the lack of

17 confidential treatment space for mental health encounters. In 2015, the Sheriff’s Office

18 applied for construction financing funding pursuant to California Senate Bill 863. Those

19 application materials openly acknowledge the lack of sufficient facilities at Santa Rita and

20 state that: “The layout of [Santa Rita] stretches one-half mile in length, requiring

21 extensive movement between housing units and program and treatment areas within the

22 jail. This design is not conducive to providing programming and treatment services in

23 many ways. … Approximately 20-25% of [Santa Rita] inmates have been identified as

24 having some form of mental illness. Out of the more than 1 million square feet of building

25 space within [Santa Rita], only 1,025 square feet of it was designed as a Mental Health

26 Clinic for mental health services and treatment. The limited space restricts the overall

27 number of inmates that can be served. Often times, staff are forced to use a card table in

28 the open hallway to conduct what should be confidential interviews …. Due to limited

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1 space within [Santa Rita], the clinic spaces are shared with other jail services, further

2 impacting the delivery of mental health services by limited availability and access to

3 interview rooms. Due to the limited mental health space, counseling appointments for

4 many inmates occur with mental health clinicians in the housing units, meeting in the

5 common dining area at a stainless steel dining table with a deputy standing nearby. …

6 There is little privacy or confidentiality, as other inmates in the housing unit can see

7 through their cell door windows or the pod windows that the inmate is speaking with

8 somebody who is recognizable as a mental health worker and the deputy providing

9 security for the staff member is within hearing distance. The environment is not

10 appropriate for therapeutic care and is not conducive for the inmate to speak openly with

11 the mental health professional. Housing unit operations are additionally impacted during

12 these appointments since all inmate movement in this area of the housing unit is suspended

13 to provide as much privacy and confidentiality as possible for the inmate as well as for the

14 safety of all present. The conditions described above contribute to inmates refusing mental

15 health services.” Those conditions have not changed materially in the intervening three

16 years since the report.

17

103. These conditions undermine the efficacy of what mental health care is

18 provided at the Jails. For example, Plaintiff WASHINGTON, who has appointments only

19 lasting a few minutes with mental health staff in the common area outside of his pod, was

20 laughed at by a deputy who was eavesdropping on his conversation with mental health

21 staff as he was describing childhood sexual abuse and being underfed. Since that

22 appointment, WASHINGTON has been afraid to talk to mental health staff about his

23 trauma.

24

104. Plaintiff NAVARRO for a time refused mental health appointments at her

25 cell door because she did not want her entire unit to know about her mental health needs.

26

105. Plaintiff KEEGAN-HORNSBY’s meetings with mental health staff also

27 occur within earshot of deputies, and he therefore does not feel comfortable discussing

28 conditions at Santa Rita with mental health staff because he fears retaliation by deputies

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1 who mistreat him.

2

106. Upon information and belief, staff who do not have adequate training

3 regarding how to treat mental health issues attempt to interact with prisoners on their own,

4 and end up resorting to use of physical force and/or violence to control prisoners.

5 Prisoners with severe mental illness have been beaten up by deputies for conduct caused

6 by their conditions. Plaintiff KEEGAN-HORNSBY was threatened by a deputy while on

7 suicide watch, who told him he would “smash his face with [his] shield.” Plaintiff

8 WASHINGTON has been told that “mentals don’t need classes” when he has asked for

9 programming. Multiple prisoners at the County Jails have reported deputies using racial

10 epithets against them, and threatening other actions if they file grievances about said

11 deputies’ conduct or other conditions at the County Jails

12

107. Defendants house prisoners with psychiatric disabilities in highly restrictive

13 isolation units and offer them no group programming or group therapy of any kind. The

14 lack of structured out-of-cell time falls far below the standard of care, and places prisoners

15 with psychiatric disabilities at an increased risk of serious harm.

16

108. For acutely and chronically mentally ill prisoners, the standard of care

17 requires psychosocial rehabilitation services, which include structured out-of-cell

18 programming that addresses their symptoms of mental illness, reduces their isolation, and

19 promotes compliance with treatment and medications. Without this care, seriously

20 mentally ill prisoners are at an unreasonable risk of decompensating and of not responding

21 fully to the treatment they do receive. This deterioration can have many damaging effects,

22 including increased symptoms and non-response to future treatment. Defendants fail to

23 provide these services to prisoners with psychiatric disabilities and thereby put them at an

24 increased risk of harm due to the worsening of their disabilities.

25

109. Prisoners who rely on treatments other than psychiatric medication receive

26 no meaningful mental health care at the Jails. Plaintiff JONES has a history of mental

27 health conditions and has been diagnosed with bipolar disorder, but does not take

28 psychiatric medications. He has been housed in Housing Unit 09 since arriving at Santa

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1 Rita. In the community, JONES manages his bipolar disorder through non-

2 psychopharmacological means, such as diet and exercise. At Santa Rita, no meaningful

3 forms of non-psychopharmacological treatment are available to JONES. On a prior

4 incarceration, the lack of non-psychopharmacological treatment caused JONES to

5 decompensate and to experience a psychiatric crisis, leading to an emergency hospital

6 transfer. JONES continues to be held in isolation without access to appropriate treatment,

7 and as such continues to be at an increased risk of harm. JONES has had no access to the

8 activities, programs, and services offered to general population prisoners, including

9 religious services and educational programs, because they are not offered in Housing Unit

10 09. JONES has not been able to go outside in over a year for recreation or exercise.

11

110. When prisoners interact with mental health clinicians, the encounters are

12 superficial, and non-confidential. The encounters are also extremely brief, usually lasting

13 only around five minutes. No therapy is provided. Clinicians typically ask little more than

14 “are you suicidal?” and “have you been taking your medications?”

15

111. Plaintiff NAVARRO is supposed to see mental health every month but

16 sometimes goes longer without seeing anyone. These appointments last less than five

17 minutes and have not been helpful to NAVARRO because such a short amount of time is

18 not even sufficient to describe her mental health history, much less to address issues which

19 she is currently experiencing. Plaintiffs BELL and JOHNSON only see mental health

20 approximately once per month for ten minutes or less, which is not enough time for either

21 of them to explain how they are feeling. Despite being on IOL Plaintiff BABU sometimes

22 goes an entire month without seeing mental health staff and when he does see them the

23 encounters are very brief. Plaintiff WASHINGTON sees mental health staff

24 approximately once a week but for mere minutes at a time and whenever they meet there

25 are deputies standing nearby who can hear everything he says.

26

112. Defendants fail to provide adequate and timely mental health care to

27 prisoners who are experiencing psychiatric crisis. At Glenn Dyer, when a prisoner

28 discloses that he or she is having a psychiatric crisis, prisoners are transferred to Santa Rita

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1 to see a psychiatrist instead of promptly being evaluated by a qualified mental health

2 provider at Glenn Dyer. Prisoners who are transported from Glenn Dyer for mental health

3 care may spend hours sitting in a booking cell before being transferred to a housing unit in

4 order to receive care. Prisoners then may wait for several more hours before being able to

5 have a brief consultation with a mental health professional and then getting sent back to

6 Glenn Dyer. As a result, prisoners held at Glenn Dyer often avoid seeking help for mental

7 health issues to avoid going through the drawn out and frequently traumatic process of

8 transferring between the Jails and sitting and waiting for many hours. The fact that mental

9 health services are not provided at Glenn Dyer puts prisoners held there at increased risk of

10 harm due to the drawn out process they must go through in order to access basic mental

11 health services.

12

113. Defendants fail to timely respond to emergency calls for help from prisoners

13 in crisis. The cells at Glenn Dyer lack any call button for prisoner emergencies. While the

14 cells at Santa Rita are equipped with call buttons, many are non-functional or go ignored

15 by custody staff when activated by prisoners in crisis.

16

114. Deputies do not respond to Plaintiff JOHNSON and do not check on him

17 when he presses the emergency button in his cell because he needs to see mental health

18 urgently. Plaintiff BABU, who is on IOL, is only checked on by staff once an hour despite

19 the fact that he has expressed a desire to harm himself. When BABU has pressed the

20 emergency button in his cell to request immediate medical or mental health assistance,

21 deputies have told him to wait until pill call to ask medical staff for assistance

22

115. Defendants fail to identify, treat, track, and supervise prisoners who are at

23 risk for suicide. Defendants’ policies and practices for screening, supervising, and treating

24 prisoners at risk for suicide are inadequate.

25

116. These shortcomings in Defendants suicide prevention and treatment

26 programs have had tragic consequences. According to figures maintained by the

27 California Department of Justice, from 2014 to 2017 at least 30 individuals have died

28 while incarcerated in the Jails. Of those deaths, 12 were classified as suicides. Since 2017,

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1 there has been at least one suicide and many more attempted suicides at the Jails. The rate

2 of suicides at the Jail is nearly twice the national average for jail facilities.

3

117. Upon information and belief, Defendants do not adequately train custody

4 staff to identify prisoners who are at risk of suicide and respond appropriately to prisoners

5 who are exhibiting suicidal tendencies, putting them at increased risk of harm. This is

6 especially problematic because custody staff, both during the intake process and for the

7 duration of a prisoner’s time in the Jail, have the primary responsibility for alerting mental

8 health staff when a prisoner is suicidal.

9

118. Defendants routinely fail to identify and track prisoners who are at risk for

10 suicide. Logan Masterson was suicidal when he arrived at the Santa Rita on April 4, 2018.

11 According to a Sherriff’s Office Incident Report, Mr. Masterson was initially placed on

12 suicide watch in a safety cell. The morning of April 6, 2018, Mr. Masterson was rehoused

13 to Administrative Segregation in Housing Unit 02. The conditions in this isolation unit

14 place prisoners at increased risk of harm, including suicide. There, Mr. Masterson was

15 housed alone in a single cell containing a bunk bed. On April, 7, 2018, Mr. Masterson

16 committed suicide by hanging himself in his cell by his bed sheets, which he tied to the top

17 bunk.

18

119. Less than two hours before his suicide, at about 2:45 PM, Mr. Masterson was

19 observed engaging in strange behavior, flooding his cell by clogging the toilet and/or sink

20 in his cell and causing water to pool inside his cell and leak out into the area surrounding

21 his cell. At this time, Mr. Masterson had also partially covered the window into his cell

22 with wet toilet paper. Custody officers observed this behavior, but did not contact mental

23 health staff, intervene, or question Mr. Masterson about his state. Instead, custody staff

24 simply ordered the water to be turned off in Mr. Masterson’s cell. At about 3:20 PM, a

25 custody officer conducted a cursory observation check on Mr. Masterson, but his view of

26 Mr. Masterson was “obstructed” and he “could not tell what Masterson was doing.” At

27 this time, the cell was thoroughly contaminated with feces, and “[t]here was fecal matter

28 on the walls, floor, and window of the cell.” Despite having no clear view of

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1 Mr. Masterson, despite the horrific condition of Mr. Masterson’s cell, despite Mr.

2 Masterson’s strange behavior, and despite Mr. Masterson’s having been on suicide watch

3 fewer than 36 hours earlier, the custody officer “did not spend more than a few seconds

4 looking in the direction of [Mr. Masterson’s] cell.” Over an hour then passed without any

5 safety check being performed on Mr. Masterson. At about 4:29 PM, Mr. Masterson was

6 found dead in his cell. Before he died, Mr. Masterson told other prisoners in his pod that

7 he “wanted to talk to mental health but he said the Housing Unit technician did not respond

8 to his intercom button.”

9

120. Another prisoner, Jesus Dametrius Dickey, died in his Santa Rita cell on

10 June 27, 2018 from water intoxication. According to the Coroner’s report, Mr. Dickey had

11 a history of schizophrenia and likely suffered psychogenic polydipsia (excessive thirst

12 caused by his mental illness). Despite his diagnosis, he was housed in an Administrative

13 Segregation unit instead of the Behavioral Health unit. Unsupervised and housed in

14 isolation, he drank so much water that he died.

15

121. Defendants routinely house suicidal and seriously mentally ill prisoners in

16 conditions that result in further deterioration of their mental health in violation of standards

17 of minimally adequate mental health care and basic human dignity. Rather than

18 individually determining the least restrictive environment in which a suicidal prisoner can

19 be safely housed, Defendants have a policy and practice of placing prisoners with serious

20 psychiatric disabilities in safety cells. The safety cells are single cells with no furnishings,

21 toilets, or (in most cases) windows for outside light. The only features of the cell are the

22 door, which has a slot through which food can be delivered, and a grate in the floor that

23 serves as the toilet. Without toilet paper in these cells, and no way to wash, feces makes

24 its way across the cell, on the floors, and walls. When housing a prisoner in a safety cell,

25 Defendants routinely remove all of the prisoner’s clothing, leaving the prisoner naked in

26 the room. In some instances, Defendants permit a prisoner to have a tear-proof smock to

27 wear and nothing else. There is no mattress or pad, let alone a bed, in the safety cells for

28 prisoners to sit or sleep on. Prisoners are thus forced to sit, sleep, and eat on the same

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1 cold, dirty floor on which the grate for the toilet is located. Defendants’ improper use

2 safety cells places prisoners with psychiatric disabilities at an increased and unreasonable

3 risk of harm.

4

122. The safety cells are rarely cleaned when a prisoner is being housed in one of

5 the cells and are not cleaned sufficiently once a prisoner is released from the cell. These

6 conditions are traumatic for all prisoners, but especially for those who are already

7 experiencing severe mental health symptoms. Suicidal prisoners perceive the safety cells

8 as a method of punishment which dissuades them from telling staff they are suicidal.

9

123. For example, Plaintiff WASHINGTON experienced dungeon-like conditions

10 in one of Santa Rita’s safety cells. WASHINGTON was placed in a safety cell because he

11 was suicidal and that cell was cold, dark and smelled like feces. WASHINGTON

12 perceived the safety cell to be punishment and no longer reports suicidal feelings to mental

13 health staff because he fears being returned to a safety cell.

14

124. Plaintiff NAVARRO, who was suicidal and held in two different safety cells

15 in the span of 24 hours, was moved from one to another wearing only a safety vest, and

16 describes her experience in the safety cells the most humiliating and degrading experience

17 of her entire life. She does not intend to report suicidality to mental health again to avoid

18 being sent back to the safety cell.

19

125. Plaintiff WASHINGTON was held in a safety cell that was covered in feces,

20 blood, and urine. His clothes were removed and he was only given a safety vest to wear

21 without underwear, shoes, or socks. WASHINGTON hopes to never go back to a safety

22 cell ever again.

23

126. Plaintiff JOHNSON was held in a safety cell in these same conditions for

24 approximately three to four days.

25

127. Plaintiff KEEGAN-HORNSBY was also held in a safety cell, which felt like

26 he was being punished for being suicidal. Because of his experience he is afraid to tell

27 staff if he feels suicidal because he does not want to go back to the safety cell.

28 / / /

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1

128. Defendants exacerbate the psychological trauma prisoners with psychiatric

2 disabilities experience in isolation by failing to provide them with necessary mental health

3 care while they are there. These prisoners do not receive sufficient contact with mental

4 health providers (if they receive mental health care at all). And, the harsh conditions of

5 their confinement render less effective the minimal treatment they do receive. As a result,

6 they are put at an increased risk of harm because the conditions in isolation can cause their

7 symptoms, including suicidality, to escalate and force them to stay in isolation even longer.

8

129. Upon information and belief, when prisoners are housed in isolation, all of

9 the prisoner’s interactions with mental health care staff take place at the cell front door

10 through the handcuffing port; none of the interactions are face to face without barriers.

11 While Defendants may consider safety cells “safe” for suicidal and seriously mentally ill

12 prisoners, in fact the safety cells lack any therapeutic value, and do not replace the need for

13 psychiatric hospitalization and treatment.

14

130. By policy, mental health staff are required only to evaluate an inmate placed

15 in a safety cell 8 hours after the placement, and every 24 hours after that. But even this

16 inadequate policy is not followed, and prisoners placed in safety cells may go more than 30

17 hours without any contact or evaluation by mental health staff. Jail staff then abruptly

18 release these inmates back to their housing units without the administration of any

19 objective suicide risk assessment tool, without close monitoring of their symptoms, and

20 without a timely follow-up appointment with a clinician, thereby putting the prisoners at

21 increased risk of harm.

22

131. Prisoner records show frequent use by mental health staff of “safety

23 contracts” in an attempt to prevent self-injurious behavior. These “contracts” are

24 ineffective, and can result in a false and dangerous sense of comfort. They are not a

25 substitute for adequate mental health evaluation, suicide risk assessment and appropriate

26 treatment planning.

27

132. Defendants fail to sufficiently observe prisoners who have been identified as

28 being at risk of suicide, including prisoners who have been placed in safety cells.

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1 Specifically, Defendants lack any policy or procedure for, and therefore fail to provide,

2 constant observation of prisoners who are actively suicidal, either threatening to or

3 engaging in the act of suicide.

4

133. Defendants fail to ensure by policy and practice that mental health care staff

5 are consulted prior to placing a prisoner in a safety cell and before a prisoner is released

6 from a safety cell. Upon information and belief, by not adequately involving mental health

7 care staff in the decision to put prisoners in a safety cell, Defendants overuse the safety

8 cells and place prisoners who do not require exposure to the punitive conditions of the

9 safety cells to those conditions. Upon information and belief, by not adequately involving

10 mental health care staff in the decision to release prisoners from safety cells, Defendants

11 increase the risk that a prisoner who still requires enhanced monitoring and intervention

12 will be placed back into housing conditions where they are not monitored as closely and

13 are more able to engage in self-harm.

14

134. Defendants fail to adequately follow up with, monitor, and treat prisoners

15 who have been released from safety cells. Logan Masterson committed suicide while

16 housed in isolation in Housing Unit 02 fewer than 36 hours after being released from a

17 safety cell, where he had been placed due to suicidality.

18

135. Suicide hazards are rife at Santa Rita, where all of the cells in the

19 Administrative Segregation units and the Behavioral Health unit contain bunk beds. In the

20 Administrative Segregation units, this is true despite these cells being occupied by only

21 one prisoner. These bunk beds are an easy hanging point and have been used by prisoners

22 to attempt and commit suicide at Santa Rita, but even prisoners specifically placed on

23 suicide watch may be left alone in these cells.

24

136. Defendants have knowledge of the substantial risk of harm caused by

25 inadequate suicide prevention and treatment policies and practices in the Jails, but have

26 failed to take steps to prevent, or even to diminish, the harmful effects of these unlawful

27 policies and practices. Defendants are thus deliberately indifferent to the risk of harm to

28 prisoners created by their failure to operate a constitutionally adequate suicide prevention

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1 and treatment program.

2

137. Upon information and belief, Santa Rita’s Behavioral Health Unit, Unit 09,

3 is overcrowded and this has caused custody and mental health staff to improperly remove

4 prisoners’ “mentally disordered status” and rehouse them in general population, without

5 any actual improvement in mental health.

6

138. Defendants fail to maintain sufficient numbers of mental health care

7 professionals to provide minimally adequate care to the nearly 3,000 prisoners in the Jails.

8 The understaffing of mental health staff at the Jails exacerbates the problems caused by

9 inadequate mental health treatment and lack of appropriate treatment space. Upon

10 information and belief, the small number of scheduled encounters with clinicians are

11 frequently cancelled or rescheduled due to overbooking. Many cancelled appointments are

12 never rescheduled, even where a prisoner is in present need of treatment.

13

139. The Jail’s low staffing levels result in mental health care staff being unable

14 to timely respond to prisoners’ requests for psychiatric evaluations and treatment, to

15 adequately screen, track, monitor, and provide follow-up care to prisoners who are

16 suffering from serious mental illnesses, and to provide adequate group and individual

17 therapy. Upon information and belief, Defendants often place such prisoners in safety

18 cells until mental health care staff are available to see them.

19

140. The Jail fails to staff sufficient deputies to enable prisoners to access mental

20 health services and other programs available at the Jails. Plaintiffs have repeatedly been

21 denied access to mental health care because no deputies were available to allow mental

22 health professions to access Plaintiffs for treatment, including on their unit or at their cell

23 door.

24 / / /

25 / / /

26 / / /

27 / / /

28 / / /

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1

CLASS ACTION ALLEGATIONS

2

Prisoner Class

3

141. All Plaintiffs bring this action on their own behalf and, pursuant to Rule

4 23(a) and (b)(2) of the Federal Rules of Civil Procedure, on behalf of a class of all adult

5 men and women who are now, or will be in the future, incarcerated in the Alameda County

6 Jails (“Prisoner Class”).

7

Numerosity: Fed. R. Civ. P. 23(a)(1)

8

142. The Prisoner Class is sufficiently numerous that joinder of all members of

9 the class is impracticable and unfeasible. Currently, there are more than 2,000 prisoners in

10 the Jails, as well as thousands of individuals either in CDCR custody or in the community

11 on probation, mandatory supervision, home confinement, and Post-Release Community

12 Supervision (“PRCS”), all of whom are subject to being returned to the Jails at any time on

13 an alleged violation or revocation of their supervision or to participate in civil or criminal

14 court proceeding. In addition, the class is fluid as new prisoners enter the Jails and others

15 are released on a daily basis. All prisoners in the Jails are subject to Defendants policies

16 and procedures regarding the use of isolation and the provision of mental health care. Due

17 to these policies and procedures, all prisoners in the Jails are currently harmed or are at

18 substantial risk of being harmed, by excessive placement in isolation without due process

19 and all prisoners in the Jails receive or are at substantial risk of receiving inadequate

20 mental health care.

21

143. The Prisoner Class members are identifiable using records maintained in the

22 ordinary course of business by Defendants.

23

Commonality: Fed. R. Civ. P. 23(a)(2)

24

144. There are multiple questions of law and fact common to the Prisoner Class,

25 including, but not limited to:

26

a. Whether Defendants’ use of isolation violates the Due Process Clause

27 of the Fourteenth Amendment and the Cruel and Unusual Punishment Clause of the of the

28 Eighth Amendment to the United States Constitution, and Article I, Sections 7 and 17 of

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1 the California Constitution;

2

b. Whether Defendants’ policies and practices regarding classification to

3 isolation units violates the Due Process Clause of the Fourteenth Amendment and Article I,

4 Section 7 of the California Constitution;

5

c. Whether Defendants’ policies and practices of not providing a

6 housing environment free of debilitating and inhumane conditions to prisoners subjected to

7 isolation poses a substantial risk of serious harm

8

d. Whether Defendants have been deliberately indifferent to the Prisoner

9 Class members’ risk of injury and harm from the debilitating isolation and inhumane

10 conditions to which they are subjected.

11

e. Whether Defendants’ failure to provide minimally adequate mental

12 health care to prisoners violates the Due Process Clause of the Fourteenth Amendment and

13 the Cruel and Unusual Punishment Clause of the Eighth Amendment to the United States

14 Constitution, and Article I, Sections 7 and 17 of the California Constitution.

15

f. Whether Defendants’ failure to operate a system that provides

16 minimally adequate mental health care poses a substantial risk of harm.

17

g. Whether Defendants have been deliberately indifferent to the serious

18 mental health care needs of class members.

19

145. Defendants are expected to raise common defenses to these claims, including

20 denying that their actions violate the law.

21

Typicality: Fed. R. Civ. P. 23(a)(3)

22

146. The claims of the named Plaintiffs are typical of the claims of the members

23 of the proposed class as their claims arise from the same policies, practices, and courses of

24 conduct, and their claims are based on the same theory of law as the Prisoner Class claims.

25

Adequacy: Fed. R. Civ. P. 23(a)(4)

26

147. Plaintiffs will fairly and adequately represent and protect the interests of the

27 putative Prisoner Class members and diligently service as Class Representatives.

28 Plaintiffs’ interests are co-extensive with those of the Prisoner Class and Plaintiffs have no

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1 conflict(s) of interest that would be antagonistic to those of the other class members.

2 Plaintiffs have retained counsel who are competent and experienced in complex class

3 action litigation and prisoner’s rights litigation and who possess the resources necessary to

4 fairly and adequately represent the Prisoner Class.

5

Fed. R. Civ. P. 23(b)

6

148. This action is also maintainable as a class action pursuant to Federal Rule of

7 Civil Procedure 23(b)(2) because Defendants policies, practices, actions, and omissions

8 that form the basis of the claims of the Prisoner Class are common to and apply generally

9 to all members of the Prisoner Class. All of the Jails’ policies are centrally promulgated,

10 disseminated, and enforced by Defendants. The injunctive and declaratory relief sought is

11 appropriate and will apply as a whole to all members of the Prisoner Class.

12

Prisoners with Disabilities Subclass

13

149. All Plaintiffs bring this action on their own behalf and, pursuant to Rule

14 23(a), and (b)(2) of the Federal Rules of Civil Procedure, on behalf of a subclass of all

15 qualified individuals with a psychiatric disability, as that term is defined in 42 U.S.C.

16 § 12102, 29 U.S.C. § 705(9)(B), and California Government Code § 12926(j) and (m), and

17 who are now, or will be in the future, incarcerated in the Alameda County Jails

18 (“Disability Subclass”).

19

Numerosity: Fed. R. Civ. P. 23(a)(1)

20

150. The Disability Subclass is sufficiently numerous that joinder of all members

21 of the subclass is impracticable and unfeasible. The exact number of members of the

22 Prisoners with Disabilities Subclass is unknown. The Sheriff’s Office estimates that 20-

23 25% of the more than 2,000 prisoners at Santa Rita have a mental illness and are therefore

24 qualified individuals with disabilities as that term is defined in 42 U.S.C. § 12102, 29

25 U.S.C. § 705(9)(B), and California Government Code § 12926(j) and (m). In addition, the

26 Disability Subclass is fluid, as new prisoners with psychiatric disabilities enter the Jails

27 and others are released.

28 / / /

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1

151. The Disability Subclass members are identifiable using records maintained

2 in the ordinary course of business by Defendants.

3

Commonality: Fed. R. Civ. P. 23(a)(2)

4

152. There are questions of law and fact common to the Disability Subclass,

5 including, but not limited to:

6

a. Whether Defendants’ policies and practices deny prisoners with

7 psychiatric disabilities meaningful access to the benefits of the services, programs, or

8 activities of a public entity.

9

b. Whether Defendants’ failure to reasonably accommodate prisoners

10 with psychiatric disabilities violates the Americans with Disabilities Act, Section 504 of

11 the Rehabilitation Act, and California Government Code § 11135.

12

c. Whether Defendants’ failure to house prisoners with psychiatric

13 disabilities in the most integrated setting appropriate to their needs violates the Americans

14 with Disabilities Act, Section 504 of the Rehabilitation Act, and California Government

15 Code § 11135.

16

d. Whether Defendants’ housing policies and practices discriminate

17 against prisoners with psychiatric disabilities in violation of the Americans with

18 Disabilities Act, Section 504 of the Rehabilitation Act, and California Government Code

19 § 11135.

20

153. Defendants are expected to raise common defenses to these claims, including

21 denying that their actions violate the law.

22

Typicality: Fed. R. Civ. P. 23(a)(3)

23

154. The claims of the named Plaintiffs BABU, BELL, KEEGAN-HORNSBY,

24 JOHNSON, JONES, NAVARRO, and WASHINGTON are typical of the claims of the

25 members of the proposed class as their claims arise from the same policies, practices, and

26 courses of conduct, and their claims are based on the same theory of law as the Disability

27 Subclass claims.

28

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1

Adequacy: Fed. R. Civ. P. 23(a)(4)

2

155. Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON, JONES,

3 NAVARRO, and WASHINGTON will fairly and adequately represent and protect the

4 interests of the putative Disability Subclass members and diligently service as

5 representatives of the proposed subclass. Plaintiffs’ interests are co-extensive with those

6 of the subclass and Plaintiffs have no conflict(s) of interest that would be antagonistic to

7 those of the other subclass members. Plaintiffs have retained counsel who are competent

8 and experienced in complex class action litigation and prisoner’s rights litigation and who

9 possess the resources necessary to fairly and adequately represent the Disability Subclass.

10

Fed. R. Civ. P. 23(b)(2)

11

156. This action is also maintainable as a class action pursuant to Fed. R. Civ. P.

12 23(b)(2) because Defendants policies, practices, actions, and omissions that form the basis

13 of the claims of the Disability Subclass are common to and apply generally to all members

14 of the proposed subclass. All of the Jails’ policies regarding prisoners with psychiatric

15 disabilities are centrally promulgated, disseminated, and enforced by Defendants. The

16 injunctive and declaratory relief sought is appropriate and will apply as a whole to all

17 members of the Disability Subclass.

18

FIRST CAUSE OF ACTION

(Eighth Amendment to the United States Constitution, 42 U.S.C. § 1983)

19

(ALL PLAINTIFFS and the Prisoner Class

Against ALL DEFENDANTS)

20

21

157. Plaintiffs re-allege and incorporate by reference herein all allegations

22 previously made above.

23

158. By their policies and practices described above, Defendants subject Plaintiffs

24 and the Prisoner Class they represent, to a substantial risk of serious harm and injury from

25 the harmful and inhumane effects of prolonged isolation, the denial of due process in

26 relationship to classification and housing decisions, and inadequate mental health care.

27 Defendants further subject Plaintiffs and the Prisoner Class to a substantial risk of serious

28 harm and injury from the way Defendants use safety cells and isolation, including harm

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1 caused by the conditions of confinement which provide for inadequate physical exercise

2 and programming, inadequate mental health treatment, and extreme social isolation and

3 environmental deprivation. These policies and practices have been, and continue to be,

4 implemented by Defendants and their agents, officials, employees and all persons acting in

5 concert with them under color of state law, in their official capacities, and are the

6 proximate cause of Plaintiffs’ and the Prisoner Class’ ongoing deprivation of rights

7 secured by the United States Constitution under the Eighth Amendment.

8

159. By their policies and practices described above, Defendants subject Plaintiffs

9 and the Prisoner Class they represent, to a substantial risk of serious harm from the

10 provision of inadequate mental health care. These policies and practices have been, and

11 continue to be, implemented by Defendants AHERN and BURTON and their agents,

12 officials, employees and all persons acting in concert with them under color of state law, in

13 their official capacities, and are the proximate cause of Plaintiffs’ and the Prisoner Class’

14 ongoing deprivation of rights secured by the United States Constitution under the Eighth

15 Amendment.

16

160. The policies, practices and customs described above are the official policies,

17 practices and customs of Defendant COUNTY OF ALAMEDA, and are the direct and

18 proximate cause of Plaintiffs being subjected to known risks of serious harms in violation

19 of the Eighth Amendment. The policies, practices and customs described above include

20 Defendant COUNTY OF ALAMEDA’s failure to train its staff in the face of an obvious

21 need for training to prevent the violations described above.

22

161. Defendants have been and are aware of all of the deprivations complained of

23 herein, and have condoned or been deliberately indifferent to such conduct.

24 / / /

25 / / /

26 / / /

27 / / /

28 / / /

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1

WHEREFORE, Plaintiffs and the Prisoner Class they represent request relief as

2 outlined below.

3 SECOND CAUSE OF ACTION
4 (Fourteenth Amendment to the United States Constitution, 42 U.S.C. § 1983)
5 (ALL PLAINTIFFS and the Prisoner Class Against ALL DEFENDANTS)
6

7

162. Plaintiffs re-allege and incorporate by reference herein all allegations

8 previously made above.

9

163. Placement in isolation imposes an atypical, substantial, and different

10 hardship on the prisoner in relation to the ordinary incidents of incarcerated life, so as to

11 create a liberty interest protected by due process. By their policies and practices described

12 above, Defendants subject Plaintiffs and the Prisoner Class they represent, to a substantial

13 risk of harm due to the denial of due process in relationship to classification and housing

14 decisions, including placement in isolation and the use of safety cells. These policies and

15 practices have been, and continue to be, implemented by Defendants and their agents or

16 employees in their official capacities, and are the proximate cause of Plaintiffs’ and the

17 Prisoner Class’s ongoing deprivation of rights secured by the United States Constitution

18 under the Fourteenth Amendment.

19

164. The policies, practices and customs described above are the official policies,

20 practices and customs of Defendant COUNTY OF ALAMEDA, and are the direct and

21 proximate cause of Plaintiffs being subjected to known risks of serious harms in violation

22 of the Eighth Amendment. The policies, practices and customs described above include

23 Defendant COUNTY OF ALAMEDA’s failure to train its staff in the face of an obvious

24 need for training to prevent the violations described above.

25

165. Defendants have been and are aware of all of the deprivations complained of

26 herein, and have condoned or been deliberately indifferent to such conduct.

27

WHEREFORE, Plaintiffs and the Prisoner Class they represent request relief as

28 outlined below.

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1

THIRD CAUSE OF ACTION

2

(Article I, Section 7 of the California Constitution)

3

(ALL PLAINTIFFS and the Prisoner Class Against ALL DEFENDANTS)

4

166. Plaintiffs re-allege and incorporate by reference herein all allegations

5 previously made above.

6

167. Placement in isolation imposes an atypical, substantial, and different

7 hardship on the prisoner in relation to the ordinary incidents of incarcerated life, so as to

8 create a liberty interest protected by due process. By their policies and practices described

9 above, Defendants subject Plaintiffs and the Prisoner Class they represent, to a substantial

10 risk of harm due to the denial of due process in relationship to classification and housing

11 decisions, including placement in isolation and the use of safety cells. These policies and

12 practices have been, and continue to be, implemented by Defendants and their agents or

13 employees in their official capacities, and are the proximate cause of Plaintiffs’ and the

14 Prisoner Class’ ongoing deprivation of rights secured by the California Constitution,

15 Article I, Section 7.

16

168. Defendants have been and are aware of all of the deprivations complained of

17 herein, and have condoned or been deliberately indifferent to such conduct.

18

WHEREFORE, Plaintiffs and the Prisoner Class they represent request relief as

19 outlined below.

20 FOURTH CAUSE OF ACTION
21 (Article I, Section 17 of the California Constitution)
22 ( ALL PLAINTIFFS and the Prisoner Class Against ALL DEFENDANTS)
23

24

169. Plaintiffs re-allege and incorporate by reference herein all allegations

25 previously made above.

26

170. By their policies and practices described above, Defendants subject Plaintiffs

27 and the Prisoner Class they represent, to a substantial risk of serious harm and injury from

28 the harmful and inhumane effects of prolonged isolation, the denial of due process in

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1 relationship to classification and housing decisions, and inadequate mental health care.

2 Defendants further subject Plaintiffs and the Prisoner Class to a substantial risk of serious

3 harm and injury from the way Defendants use safety cells and isolation, including harm

4 caused by the conditions of confinement which provide for inadequate physical exercise

5 and programming, inadequate mental health treatment, and extreme social isolation and

6 environmental deprivation. These policies and practices have been, and continue to be,

7 implemented by Defendants and their agents or employees in their official capacities, and

8 are the proximate cause of Plaintiffs’ and the Prisoner Class’s ongoing deprivation of

9 rights secured by the California Constitution, Article I, Section 17.

10

171. Defendants have been and are aware of all of the deprivations complained of

11 herein, and have condoned or been deliberately indifferent to such conduct.

12

WHEREFORE, Plaintiffs and the Prisoner Class they represent request relief as

13 outlined below.

14

FIFTH CAUSE OF ACTION

15

(Americans with Disabilities Act, 42 U.S.C. § 12132)

16 (Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON, JONES, NAVARRO, and WASHINGTON and the Disability Subclass Against ALL DEFENDANTS)
17

18

172. Plaintiffs re-allege and incorporate by reference herein all allegations

19 previously made above.

20

173. The Americans with Disabilities Act (“ADA”) prohibits public entities,

21 including Defendants from denying “a qualified individual with a disability … the benefits

22 of the services, programs, or activities of [the] public entity” because of the individual’s

23 disability. 42 U.S.C. § 12132. Defendants are legally responsible for all violations of the

24 ADA committed by County staff and contractors who provide programs, services, or

25 activities, including but not limited to mental health care to prisoners in the Jails.

26

174. The ADA defines “a qualified individual with a disability” as a person who

27 suffers from a “physical or mental impairment that substantially limits one or more major

28 life activities,” including, but not limited to, “caring for oneself, performing manual tasks,

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1 seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing,

2 learning, reading, concentrating, thinking, communicating, and working.” 42 U.S.C.

3 § 12102(1)(A), (2)(A). Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON,

4 JONES, NAVARRO, and WASHINGTON and members of the Disability Subclass are

5 individuals with disabilities as defined in the ADA, as they have mental impairments that

6 substantially limit one or more major life activities. Plaintiffs BABU, BELL, KEEGAN-

7 HORNSBY, JOHNSON, JONES, NAVARRO, and WASHINGTON are qualified – with

8 or without reasonable modifications – to participate in the programs, services, and

9 activities offered by Defendants and are therefore qualified individuals with disabilities

10 within the meaning of 42 U.S.C. §§ 12102, 12131, and 28 C.F.R. § 35.104.

11

175. The programs, services, and activities that Defendants provide to prisoners

12 include, but are not limited to, sleeping, eating, showering, toileting, communicating with

13 those outside the Jail by mail and telephone, exercising, entertainment, safety and security,

14 the Jail’s administrative, disciplinary, and classification proceedings, medical, mental

15 health, and dental services, library, educational, vocational, substance abuse treatment,

16 parenting classes, and anger management classes, and discharge services. Defendants’

17 programs, services, and activities are covered by the ADA.

18

176. Under the ADA, Defendants must provide prisoners with disabilities

19 reasonable accommodations and modifications to policies and procedures so that they can

20 avail themselves of and participate in all programs and activities offered by Defendants.

21

177. Congress directed the United States Department of Justice (“DOJ”) to write

22 regulations implementing Title II’s prohibition against discrimination. 42 U.S.C. § 12134.

23 Pursuant to this mandate, the DOJ has issued regulations defining the forms of

24 discrimination prohibited by Title II of the ADA. 28 C.F.R. § 35.101 et seq. These

25 regulations include regulations specific to adult detention and correctional facilities. 28

26 C.F.R. § 35.152.

27

178. A public entity must “administer services, programs, and activities in the

28 most integrated setting appropriate to” an individual’s needs and is therefore prohibited

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1 from unnecessarily segregating or isolating the individual. 28 C.F.R. § 35.130(d). Public

2 entities responsible for the operation or management of adult detention and correctional

3 facilities “shall ensure that [prisoners] or detainees with disabilities are housed in the most

4 integrated setting appropriate to the needs of the individuals. Unless it is appropriate to

5 make an exception, a public entity—(i) Shall not place [prisoners] or detainees with

6 disabilities in inappropriate security classifications because no accessible cells or beds are

7 available; (ii) Shall not place [prisoners] or detainees with disabilities in designated

8 medical areas unless they are actually receiving medical care or treatment; (iii) Shall not

9 place [prisoners] or detainees with disabilities in facilities that do not offer the same

10 programs as the facilities where they would otherwise be housed; and (iv) Shall not

11 deprive [prisoners] or detainees with disabilities of visitation with family members by

12 placing them in distant facilities where they would not otherwise be housed.” 28 C.F.R. §

13 35.152(b)(2). Furthermore, a public entity may not “deny a qualified individual with a

14 disability the opportunity to participate in services, programs, or activities that are not

15 separate or different, despite the existence of permissibly separate or different programs or

16 activities.” 28 C.F.R. § 35.130(b)(2).

17

179. In providing any aid, benefit, or service, a public entity “may not . . . [d]eny

18 a qualified individual with a disability the opportunity to participate in or benefit from the

19 aid, benefit, or service,” “[a]fford a qualified individual with a disability an opportunity to

20 participate in or benefit from the aid, benefit, or service that is not equal to that afforded

21 others,” “[p]rovide a qualified individual with a disability with an aid, benefit, or service

22 that is not as effective in affording equal opportunity . . . as that provided to others,”

23 “[o]therwise limit a qualified individual with a disability in the enjoyment of any right,

24 privilege, advantage, or opportunity enjoyed by others,” or “provide different or separate

25 aids, benefits, or services to individuals with disabilities or to any class of individuals with

26 disabilities than is provided to others unless such action is necessary to provide qualified

27 individuals with disabilities with aids, benefits, or services that are as effective as those

28 provided to others.” 28 C.F.R. § 35.130(b)(1)(i)-(iv).

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1

180. When Defendants house individuals with disabilities in isolation due to their

2 disabilities, Defendants deny Plaintiffs and the Disability Subclass the opportunity to

3 participate in services, programs, or activities that are in the most integrated setting

4 appropriate to their needs, that are as effective in affording equal opportunity as those

5 provided to others, and that are not separate or different from those offered to their

6 nondisabled peers.

7

181. A public entity may not (1) “impose or apply eligibility criteria that screen

8 out or tend to screen out an individual with a disability or any class of individuals with

9 disabilities from fully and equally enjoying any service, program, or activity, unless such

10 criteria can be shown to be necessary[,]” 28 C.F.R. § 35.130(b)(8); or (2) “utilize criteria

11 or methods of administration . . . that have the effect of subjecting qualified individuals

12 with disabilities to discrimination on the basis of disability . . . or the purpose or effect of

13 defeating or substantially impairing accomplishment of the objectives of the public entity’s

14 program with respect to individuals with disabilities[.]” 28 C.F.R. §35.130(b)(3)(i)(ii).

15

182. Defendants have imposed eligibility criteria and methods of administration

16 that screen out persons with disabilities and subject them to discrimination by housing

17 prisoners with disabilities in isolation due to their disabilities and disability-related

18 behaviors. Defendants have not shown that such criteria are necessary for the provision of

19 the service, program, or activity being offered or that such requirements are based on

20 actual risks, not on mere speculation, stereotypes, or generalizations about individuals with

21 disabilities, as required by 28 C.F.R. § 35.130(h).

22

183. A public entity “shall make reasonable modifications in policies, practices,

23 or procedure when the modifications are necessary to avoid discrimination on the basis of

24 disability[.]” 28 C.F.R. § 35.130(b)(7). Defendants fail to make reasonable modifications

25 to avoid discrimination, including but not limited to: (1) implementing an

26 identification/tracking system to track prisoners with psychiatric disabilities and their

27 disability-related needs; (2) modifying policies and procedures to provide prisoners with

28 disabilities with meaningful access to programs and services; and modifying policies and

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1 procedures to prohibit prisoners with psychiatric disabilities from being placed in isolation.

2

184. Defendants have failed to make available information to the Disability

3 Subclass about their rights under the ADA while detained in the Jails. See 28 C.F.R. §

4 35.106.

5

185. As a result of Defendants’ policy and practice of discriminating against and

6 failing to provide reasonable accommodations to prisoners with disabilities, Plaintiffs and

7 the Prisoners with Disabilities Subclass they represent do not have equal access to Jail

8 activities, programs, and services for which they are otherwise qualified.

9

WHEREFORE, Plaintiffs and the Prisoners with Disabilities Subclass they

10 represent request relief as outlined below.

11

SIXTH CAUSE OF ACTION

12

(Rehabilitation Act, 29 U.S.C. § 794)

13 (Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON, JONES, NAVARRO, and WASHINGTON and the Prisoner Class Against ALL DEFENDANTS)
14

15

186. Plaintiffs re-allege and incorporate by reference herein all allegations

16 previously made above.

17

187. Section 504 of the Rehabilitation Act provides, in pertinent part that “[n]o

18 otherwise qualified individual with a disability in the United States . . . shall, solely by

19 reason of his or her disability, be excluded from the participation in, be denied the benefits

20 of, or be subjected to discrimination under any program or activity receiving federal

21 financial assistance[.]” 29 U.S.C. § 794(a).

22

188. At all times relevant to this action, Defendants are and have been recipients

23 of federal financial assistance within the meaning of the Rehabilitation Act including for

24 programs or activities offered at the Jails.

25

189. Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON, JONES,

26 NAVARRO, and WASHINGTON and the Disability Subclass they represent are qualified

27 individuals with disabilities as defined in the Rehabilitation Act as they all have

28 impairments that substantially limit a major life activity, and they were and/or are all

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Case 5:18-cv-07677-NC Document 1 Filed 12/21/18 Page 56 of 59

[3268027.10]

1 residents of the Jails qualified—with or without reasonable accommodation—to participate

2 in the programs, services, and activities offered by Defendants. 29 U.S.C. § 705(20)(B);

3 28 C.F.R. § 41.32.

4

190. By their policy and practice of discriminating against and failing to

5 reasonably accommodate prisoners with disabilities, Defendants violate Section 504 of the

6 Rehabilitation Act, 29 U.S.C. § 794.

7

191. The DOJ is charged under Executive Order 12250 with coordinating the

8 implementation of Section 504 of the Rehabilitation Act of 1973. 28 C.F.R. § 41.1.

9

192. In providing any aid, benefit, or service, a recipient of federal financial

10 assistance “may not . . . [d]eny a qualified handicapped person the opportunity to

11 participate in or benefit from the aid, benefit or service,” “[a]fford a qualified handicapped

12 person an opportunity to participate in or benefit from the aid, benefit, or service that is not

13 equal to that afforded others,” “[p]rovide a qualified handicapped person with an aid,

14 benefit, or service that is not as effective in affording equal opportunity . . . as that

15 provided to others,” “[o]therwise limit a qualified handicapped person in the enjoyment of

16 any right, privilege, advantage, or opportunity enjoyed by others,” or “provide different or

17 separate aids, benefits, or services to individuals with disabilities or to any class of

18 individuals with disabilities than is provided to others unless such action is necessary to

19 provide qualified individuals with disabilities with aids, benefits, or services that are as

20 effective as those provided to others.” 45 C.F.R. § 84.4(b)(i)(iv), (vii). A public entity also

21 may not “deny a qualified individual with a disability the opportunity to participate in

22 services, programs, or activities that are not separate or different, despite the existence of

23 permissibly separate or different programs or activities.” 45 C.F.R. § 84.4(b)(3).

24

193. By housing Plaintiffs and members of the Disability Subclass in more

25 restrictive housing, Defendants exclude them from participating in and deny them the

26 benefits of Defendants’ education and rehabilitative programs, services, and activities

27 solely by reason of their disabilities.

28 / / /

55
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[3268027.10]

1

194. As a result of Defendants’ discriminating against and failing to provide a

2 grievance procedure and reasonable accommodations, Plaintiffs and the Prisoners with

3 Disabilities Subclass they represent do not have equal access to the Jails’ activities,

4 programs, and services for which they are otherwise qualified.

5

195. Because Defendants’ discriminatory conduct is ongoing, declaratory relief

6 and injunctive relief are appropriate remedies. Further, as a direct result of Defendants’

7 actions, Plaintiffs and members of the Plaintiff Class are suffering irreparable harm,

8 including lost education and rehabilitative opportunities. Therefore, speedy and immediate

9 relief is appropriate.

10

196. Pursuant to 29 U.S.C. § 794a, Plaintiffs are entitled to declaratory and

11 injunctive relief and to recover from Defendants the reasonable attorneys’ fees and costs

12 incurred in bringing this action.

13

WHEREFORE, Plaintiffs and the Prisoners with Disabilities Subclass they

14 represent request relief as outlined below.

15

SEVENTH CAUSE OF ACTION

16

(Cal. Gov’t Code § 11135)

17

By Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON, JONES,

NAVARRO, and WASHINGTON and the Disability Subclass Against ALL

18

DEFENDANTS)

19

197. Plaintiffs re-allege and incorporate by reference herein all allegations

20 previously made above.

21

198. Upon information and belief, each Defendant was, at all times relevant to

22 this action, and is currently operating or administering a program or activity that receives

23 state financial assistance within the meaning of section 11135, including educational and

24 rehabilitative programs and activities offered in the Jails.

25

199. Plaintiffs BABU, BELL, KEEGAN-HORNSBY, JOHNSON, JONES,

26 NAVARRO, and WASHINGTON, and the Disability Subclass were, at all times relevant

27 to this action, and are currently “persons in the State of California” within the meaning of

28 California Government Code section 11135. Plaintiffs BABU, BELL, KEEGAN-

56
CIVIL CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 5:18-cv-07677-NC Document 1 Filed 12/21/18 Page 58 of 59

[3268027.10]

1 HORNSBY, JOHNSON, JONES, NAVARRO, and WASHINGTON, and the Disability

2 Subclass all have disabilities as defined by California Government Code section 12926,

3 and they were and/or are all residents of the County Jails qualified to participate in the

4 programs, services and activities of the County Jails.

5

200. Defendants have violated the rights of Plaintiffs and members of the Plaintiff

6 Class secured by Section 11135 et seq. and the regulations promulgated thereunder, 22

7 Cal. Code Regs. § 98100, et seq.

8

WHEREFORE, Plaintiffs and the Prisoners with Disabilities Subclass they

9 represent request relief as outlined below.

10

PRAYER FOR RELIEF

11

Plaintiffs and the class and subclass they represent have no adequate remedy at law

12 to redress the wrongs suffered as set forth in this Complaint. Plaintiffs have suffered and

13 will continue to suffer irreparable injury as a result of the unlawful acts, omissions,

14 policies, and practices of the Defendants as alleged herein, unless Plaintiffs are granted the

15 relief they request. Plaintiffs and Defendants have an actual controversy and opposing

16 legal positions as to Defendants’ violations of the constitutions and laws of the United

17 States and the State of California. The need for relief is critical because the rights at issue

18 are paramount under the constitutions and laws of the United States and the State of

19 California.

20

WHEREFORE, Plaintiffs, on behalf of themselves, the proposed class and subclass,

21 and all others similarly situated, pray for judgment and the following specific relief against

22 Defendants as follows:

23

201. An order certifying that this action may be maintained as a class action

24 pursuant to Federal Rule of Civil Procedure 23(a) and 23(b)(2);

25

202. A finding that the conditions, acts, omissions, policies, and practices

26 described above are in violation of the rights of Plaintiffs and the class and subclass they

27 represent under the Eighth and Fourteenth Amendments to the United States Constitution,

28 the ADA, the Rehabilitation Act, Article I, Sections 7 and 17 of the California

57
CIVIL CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 5:18-cv-07677-NC Document 1 Filed 12/21/18 Page 59 of 59

[3268027.10]

1 Constitution, and California Government Code § 11135;

2

203. An order requiring Defendants, their agents, officials, employees, and all

3 persons acting in concert with them under color of state law or otherwise to cease

4 inhumane use of prolonged isolation, to cease indefinitely placing prisoners with

5 psychiatric disabilities in isolation, to establish a constitutionally adequate process for

6 determination of prisoner classification and housing placement, to cease violating the due

7 process rights of prisoners; to provide minimally adequate mental health care to prisoners,

8 and to cease discriminating against and failing to provide accommodations to prisoners

9 with psychiatric disabilities;

10

204. An order enjoining Defendants, their agents, officials, employees, and all

11 persons acting in concert with them under color of state law or otherwise, from continuing

12 the unlawful acts, conditions, and practices described in this Complaint;

13

205. An award to Plaintiffs, pursuant to 29 U.S.C. § 794a, 42 U.S.C. §§ 1988,

14 12205, and California Code of Civil Procedure § 1021.5, of the costs of this suit and

15 reasonable attorneys’ fees and litigation expenses;

16

206. An order retaining jurisdiction of this case until Defendants have fully

17 complied with the orders of this Court, and there is a reasonable assurance that Defendants

18 will continue to comply in the future absent continuing jurisdiction; and

19

207. An award to Plaintiffs of such other and further relief as the Court deems just

20 and proper.

21

Respectfully submitted,

22 DATED: December 21, 2018 23 24 25

ROSEN BIEN GALVAN & GRUNFELD LLP
By: /s/ Jeffrey L. Bornstein Jeffrey L. Bornstein

26

27

28

58
CIVIL CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

 
 Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 1 of 24
CONSENT,REFSET−LB
U.S. District Court California Northern District (San Jose) CIVIL DOCKET FOR CASE #: 5:18−cv−07677−NC

Babu et al v. Ahern et al Assigned to: Judge Nathanael M. Cousins Cause: 42:1983 Prisoner Civil Rights Plaintiff Ashok Babu
Plaintiff Robert Bell

Date Filed: 12/21/2018 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Ernest James Galvan Rosen Bien Galvan & Grunfeld LLP 101 Mission Street, Sixth Floor San Francisco, CA 94105−1738 (415) 433−6830 Email: egalvan@rbgg.com ATTORNEY TO BE NOTICED
Hugo Dario Cabrera Rosen Bien Galvan Grunfeld 101 Mission Street Sixth Floor San Francisco, CA 94105 United Sta 415−433−6830 Fax: (415) 433−7104 Email: HCabrera@rbgg.com TERMINATED: 04/08/2020
Kara Jane Janssen Rosen Bien Galvan & Grunfeld 101 Mission Street Sixth Floor San Francisco, CA 94105−1738 United Sta (415) 433−6830 Fax: (415) 433−7104 Email: KJanssen@rbgg.com ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham Rosen Bien Galvan & Grunfeld LLP 101 Mission Street, Sixth Floor San Francisco, CA 94105 (415) 433−6830 Fax: (415) 433−7104 Email: rarulanantham@rbgg.com ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein Rosen Bien Galvan & Grunfeld LLP 101 Mission Street, Sixth Floor San Francisco, CA 94105−1738 415−433−6830 Fax: 415−433−7104 Email: JBornstein@rbgg.com ATTORNEY TO BE NOTICED
represented by Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 2 of 24

Plaintiff Ibrahim Keegan−Hornsby
Plaintiff Demarea Johnson
Plaintiff Brandon Jones

Hugo Dario Cabrera (See above for address) TERMINATED: 04/08/2020
Kara Jane Janssen (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein (See above for address) ATTORNEY TO BE NOTICED
represented by Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED
Hugo Dario Cabrera (See above for address) TERMINATED: 04/08/2020
Kara Jane Janssen (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein (See above for address) ATTORNEY TO BE NOTICED
represented by Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED
Hugo Dario Cabrera (See above for address) TERMINATED: 04/08/2020
Kara Jane Janssen (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein (See above for address) ATTORNEY TO BE NOTICED
represented by Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 3 of 24

Plaintiff Stephanie Navarro
Plaintiff Roberto Serrano
Plaintiff Alexander Washington

Hugo Dario Cabrera (See above for address) TERMINATED: 04/08/2020
Kara Jane Janssen (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein (See above for address) ATTORNEY TO BE NOTICED
represented by Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED
Hugo Dario Cabrera (See above for address) TERMINATED: 04/08/2020
Kara Jane Janssen (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein (See above for address) ATTORNEY TO BE NOTICED
represented by Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED
Hugo Dario Cabrera (See above for address) TERMINATED: 04/08/2020
Kara Jane Janssen (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein (See above for address) ATTORNEY TO BE NOTICED
represented by Ernest James Galvan (See above for address) ATTORNEY TO BE NOTICED

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 4 of 24

V. Defendant Sheriff Gregory J. Ahern in his official capacity as Sheriff of the Alameda County Sheriffs Office
Defendant Interim Director Carol Burton in her official capacity as Interim Director of the Alameda County

Hugo Dario Cabrera (See above for address) TERMINATED: 04/08/2020
Kara Jane Janssen (See above for address) ATTORNEY TO BE NOTICED
Rekha Elaine Arulanantham (See above for address) ATTORNEY TO BE NOTICED
Jeffrey L. Bornstein (See above for address) ATTORNEY TO BE NOTICED
represented by Gregory B. Thomas Burke, Williams & Sorensen LLP 1901 Harrison Street Suite 900 Oakland, CA 94612−3501 510−273−8780 Fax: 510−839−9104 Email: gthomas@bwslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Brian Mello Hanson Bridgett LLP 425 Market Street, 26th Floor San Francisco, CA 94105 (415) 777−3200 Fax: (415) 541−9366 Email: pmello@hansonbridgett.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samantha D. Wolff Hanson Bridgett LLP 425 Market Street, 26th Floor San Francisco, CA 94105 (415) 777−3200 Fax: (415) 541−9366 Email: swolff@hansonbridgett.com ATTORNEY TO BE NOTICED
Temitayo O. Peters Burke, Williams & Sorensen, LLP 1901 Harrison Street Suite 900 Oakland, CA 94612 510−903−8833 Email: tpeters@bwslaw.com ATTORNEY TO BE NOTICED
represented by Gregory B. Thomas (See above for address) LEAD ATTORNEY

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 5 of 24

Behavioral Health Care Services Agency
Defendant County of Alameda
Miscellaneous U.S. Attorney's Office
Miscellaneous Daniel Gonzalez

ATTORNEY TO BE NOTICED
Paul Brian Mello (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samantha D. Wolff (See above for address) ATTORNEY TO BE NOTICED
Temitayo O. Peters (See above for address) ATTORNEY TO BE NOTICED
represented by Gregory B. Thomas (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Brian Mello (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Samantha D. Wolff (See above for address) ATTORNEY TO BE NOTICED
Temitayo O. Peters (See above for address) ATTORNEY TO BE NOTICED
represented by Jonathan Unruh Lee United States Attorneys Office Northern District of California 1301 Clay Street Oakland, CA 94612−5217 510−637−3703 Fax: 510−637−3724 Email: jonathan.lee@usdoj.gov ATTORNEY TO BE NOTICED
represented by Yolanda Huang Law Offices of Yolanda Huang 528 Grand Avenue Oakland, CA 94610 (510) 329−2140 Fax: (510) 580−9410 Email: yhuang.law@gmail.com ATTORNEY TO BE NOTICED

Date Filed 12/21/2018

# Docket Text
1 COMPLAINT for Declaratory and Injunctive Relief (Class Action) against All Defendants ( Filing fee $ 400, receipt number 0971−12949687.). Filed byStephanie Navarro, Ibrahim Keegan−Hornsby, Roberto Serrano, Robert Bell, Alexander Washington, Ashok Babu, Demarea Johnson, Brandon Jones. (Attachments: # 1 Civil Cover Sheet)(Bornstein, Jeffrey) (Filed on 12/21/2018) (Entered: 12/21/2018)

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 6 of 24

12/21/2018
01/02/2019
01/02/2019 01/02/2019 01/03/2019 01/03/2019 01/04/2019 01/08/2019 01/09/2019

2 Case assigned to Judge Nathanael M. Cousins.
Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E−Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.
Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5−1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/4/2019. (srnS, COURT STAFF) (Filed on 12/21/2018) (Entered: 12/21/2018)
3 CLERK'S NOTICE SETTING Initial Case Management Conference for 2/27/2019 10:00 AM in San Jose, Courtroom 5, 4th Floor. Counsel may participate by telephone and must contact the Courtroom Deputy to make arrangements. Case Management Statement due by 2/20/2019.
All parties shall file a consent or declination to proceed before a magistrate judge by 2/20/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms.
(This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 1/2/2019) (Entered: 01/02/2019)
4 NOTICE of Appearance by Kara Jane Janssen (Janssen, Kara) (Filed on 1/2/2019) (Entered: 01/02/2019)
5 NOTICE of Appearance by Hugo Dario Cabrera (Cabrera, Hugo) (Filed on 1/2/2019) (Entered: 01/02/2019)
6 NOTICE of Appearance by Ernest James Galvan (Galvan, Ernest) (Filed on 1/3/2019) (Entered: 01/03/2019)
7 Proposed Summons. (Galvan, Ernest) (Filed on 1/3/2019) (Entered: 01/03/2019)
8 Summons Issued as to Gregory J. Ahern, Carol Burton, County of Alameda. (sfbS, COURT STAFF) (Filed on 1/4/2019) (Entered: 01/04/2019)
9 *Filing Error* CERTIFICATE OF SERVICE by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington (Janssen, Kara) (Filed on 1/8/2019) Modified on 1/9/2019 (sfbS, COURT STAFF). (Entered: 01/08/2019)
Electronic filing error. Incorrect event used. [err101]**Re−file as Summons Returned Executed**

01/09/2019 01/28/2019 02/05/2019

Please re−file in its entirety. Re: 9 Certificate of Service, filed by Ashok Babu, Brandon Jones, Stephanie Navarro, Demarea Johnson, Roberto Serrano, Robert Bell, Ibrahim Keegan−Hornsby, Alexander Washington (sfbS, COURT STAFF) (Filed on 1/9/2019) (Entered: 01/09/2019)
10 SUMMONS Returned Executed by Stephanie Navarro, Ibrahim Keegan−Hornsby, Roberto Serrano, Robert Bell, Alexander Washington, Ashok Babu, Demarea Johnson, Brandon Jones. Gregory J. Ahern served on 1/7/2019, answer due 1/28/2019; Carol Burton served on 1/7/2019, answer due 1/28/2019; County of Alameda served on 1/7/2019, answer due 1/28/2019. (Janssen, Kara) (Filed on 1/9/2019) (Entered: 01/09/2019)
11 STIPULATION by Plaintiffs to Extend Defendants Time to Respond to Complaint filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 1/28/2019) (Entered: 01/28/2019)
12 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby,

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 7 of 24

02/12/2019 02/12/2019 02/12/2019 02/15/2019 02/15/2019
03/01/2019 03/08/2019 03/11/2019 03/13/2019 03/20/2019
03/20/2019
03/20/2019 04/17/2019

Stephanie Navarro, Roberto Serrano, Alexander Washington.. (Cabrera, Hugo) (Filed on 2/5/2019) (Entered: 02/05/2019)
13 NOTICE of Appearance by Gregory B. Thomas for Defendants County of Alameda, et al. (Thomas, Gregory) (Filed on 2/12/2019) (Entered: 02/12/2019)
14 NOTICE of Appearance by Temitayo O. Peters as Counsel for Defendants County of Alameda, et al. (Peters, Temitayo) (Filed on 2/12/2019) (Entered: 02/12/2019)
15 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Gregory J. Ahern, Carol Burton, County of Alameda.. (Thomas, Gregory) (Filed on 2/12/2019) (Entered: 02/12/2019)
16 STIPULATION WITH PROPOSED ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND TO CONTINUE INITIAL CASE MANAGEMENT AND RELATED DATES filed by County of Alameda. (Thomas, Gregory) (Filed on 2/15/2019) (Entered: 02/15/2019)
17 ORDER GRANTING STIPULATION to Extend Time to Respond to First Amended Complaint and to Continue Case Management Conference and Related Dates 16 . Initial Case Management Conference set for 2/27/2019 is CONTINUED to 3/20/2019 at 10:00 AM in San Jose, Courtroom 5, 4th Floor. Case Management Statement due by 3/13/2019. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 2/15/2019) (Entered: 02/15/2019)
18 Received Document by Robert Bell, Brandon Jones, Ibrahim Keegan−Hornsby. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 3/1/2019) (Entered: 03/05/2019)
19 Defendants' ANSWER to Complaint byGregory J. Ahern, Carol Burton, County of Alameda. (Thomas, Gregory) (Filed on 3/8/2019) (Entered: 03/08/2019)
20 NOTICE of Appearance by Samantha D. Wolff (Wolff, Samantha) (Filed on 3/11/2019) (Entered: 03/11/2019)
21 CASE MANAGEMENT STATEMENT filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 3/13/2019) (Entered: 03/13/2019)
22 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Initial Case Management Conference held on 3/20/2019: Joint Site Inspection set for 5/15/2019; Updated Case Management Statement due by 5/22/2019; Further Case Management Conference set for 5/29/2019 10:00 AM; Court to issue scheduling order. Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein. Attorneys for Defendants: Gregory Thomas, Pual Mello, Samantha Wolff, Temitayo Peters. FTR Time: 10:09am − 10:55am. Time in Court: 46 minutes. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 3/20/2019) (Entered: 03/20/2019)
23 CASE MANAGEMENT SCHEDULING ORDER: Request for referral to a magistrate judge for settlement due by 4/10/2019; Selection of expert witnesses due by 4/17/2019; Last day to amend pleadings and add parties is 4/19/2019; Disclosure requirements are suspended until further court order. Signed by Judge Nathanael Cousins on 3/20/2019. (lmh, COURT STAFF) (Filed on 3/20/2019) (Entered: 03/20/2019)
24 PDF with attached Audio File. Court Date & Time [ 3/20/2019 10:09:03 AM ]. File Size [ 22232 KB ]. Run Time [ 00:46:19 ]. (courtspeak). (Entered: 03/20/2019)
25 JOINT STATUS REPORT Joint Status Report Regarding Expert Selection by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 8 of 24

05/09/2019 05/09/2019 05/22/2019 05/22/2019 05/29/2019 05/29/2019
05/29/2019
05/29/2019 05/30/2019
05/30/2019 05/30/2019

4/17/2019) Modified on 4/18/2019 (sfbS, COURT STAFF). (Entered: 04/17/2019)
26 STIPULATION WITH PROPOSED ORDER to Extend Deadline for Joint Site Inspection filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 5/9/2019) (Entered: 05/09/2019)
27 Order granting 26 Stipulation entered by Judge Nathanael M. Cousins. (This is a text−only entry generated by the court. There is no document associated with this entry.) (Entered: 05/09/2019)
28 STIPULATION for Protective Order filed by Ashok Babu, Robert Bell, Demarea Johnson, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Galvan, Ernest) (Filed on 5/22/2019) (Entered: 05/22/2019)
29 JOINT CASE MANAGEMENT STATEMENT filed by Ashok Babu, Robert Bell, Demarea Johnson, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Galvan, Ernest) (Filed on 5/22/2019) Modified on 5/22/2019 (sfbS, COURT STAFF). (Entered: 05/22/2019)
30 STIPULATED PROTECTIVE ORDER. Signed by Judge Nathanael Cousins on 5/29/2019. (lmh, COURT STAFF) (Filed on 5/29/2019) (Entered: 05/29/2019)
31 Minute Entry for proceedings held before Judge Nathanael M. Cousins. Further Case Management Conference held on 5/29/2019: CASE REFERRED to Magistrate Judge Laurel Beeler for settlement. Further Telephonic Case Management Conference set for 10/30/2019 10:00 AM. Updated Case Management Statement due by 10/23/2019. Attorneys for Plaintiffs: Jeff Bornstein, Hugo Cabrera. Attorneys for Defendants: Greg Thomas, Samantha Wolff, Paul Mello. FTR Time: 10:32am − 10:56am. Time in Court: 24 minutes. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 5/29/2019) (Entered: 05/29/2019)
32 CASE MANAGEMENT SCHEDULING ORDER: Visit to Santa Rita Jail set for 7/19/2019 at 10:00 AM. Motion for Class Certification due 12/6/2019. Settlement Conference with Magistrate Judge Laurel Beeler recommended to be completed by 10/30/2019. Non−expert discovery to be completed by 3/27/2020. All discovery of expert witnesses to be completed by 5/12/2020. Pretrial Conference set for 8/19/2020 at 02:00 PM. Jury Trial set for 9/21/2020 09:00 AM in San Jose, Courtroom 5, 4th Floor. Signed by Judge Nathanael Cousins on 5/29/2019. (lmh, COURT STAFF) (Filed on 5/29/2019) (Entered: 05/29/2019)
33 PDF with attached Audio File. Court Date & Time [ 5/29/2019 10:32:32 AM ]. File Size [ 11272 KB ]. Run Time [ 00:23:29 ]. (courtspeak). (Entered: 05/29/2019)
34 CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE SCHEDULING CALL: This case was referred for a settlement conference to Magistrate Judge Laurel Beeler. The court sets a call with the parties to discuss the timing and logistics of the settlement conference for Thursday, 6/6/2019 at 2:30 PM. The court will email a call−in number separately. If this date does not work, parties may request to change the date by stipulation. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/30/2019) (Entered: 05/30/2019)
35 MOTION to Request [Tempi Priestly] Consult Monitor filed by Brandon Jones. Responses due by 6/27/2019. Replies due by 7/11/2019. (Attachments: # 1 cover sheet, # 2 Exhibit, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 5/30/2019) (Entered: 06/05/2019)
37 Declaration of Brandon Jones filed by Brandon Jones. (Attachments: # 1 Exhibit, # 2 Cover Letter, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 5/30/2019) Modified on 6/6/2019 (sfbS, COURT STAFF). (Entered: 06/06/2019)

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 9 of 24

06/03/2019 06/06/2019
06/06/2019 06/07/2019
06/11/2019 06/14/2019 06/17/2019 06/18/2019
06/21/2019 07/01/2019 07/08/2019 07/09/2019 07/25/2019
08/02/2019 08/15/2019

36 Declaration of History of Work by Brandon Jones. (sfbS, COURT STAFF) (Filed on 6/3/2019) (Entered: 06/05/2019)
38 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Call held on 6/6/2019. The court sets the in−person settlement conference for Wednesday, 10/2/2019 at 10:00 AM. (Not Reported).
Plaintiffs' Attorneys: Hugo Cabrera and Kata Janssen. Defendants' Attorney: Gregory Thomas. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 6/6/2019) (Entered: 06/07/2019)
39 Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 10/2/2019 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Signed by Judge Laurel Beeler on 06/06/2019. (ejkS, COURT STAFF) (Filed on 6/6/2019) (Entered: 06/07/2019)
40 ORDER FOR PLAINTIFFS' COUNSEL TO ADDRESS RECENT FILINGS re 36 Statement filed by Brandon Jones, 35 MOTION Request [Tempi Reiestly] Sonsult Monitor filed by Brandon Jones, 37 Declaration in Support filed by Brandon Jones. Signed by Judge Nathanael Cousins on 6/7/2019. (sp, COURT STAFF) (Filed on 6/7/2019) (Entered: 06/07/2019)
41 Letter from Brandon Jones. (sfbS, COURT STAFF) (Filed on 6/11/2019) (Entered: 06/13/2019)
42 RESPONSE re 40 Order, Plaintiffs' Counsel's Response to Recent Filings (Dkt Nos. 35, 36, 37, 41) by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 6/14/2019) (Entered: 06/14/2019)
44 Declaration of Brandon La Walten Jones filed by Brandon Jones. (sfbS, COURT STAFF) (Filed on 6/17/2019) (Entered: 06/20/2019)
43 CLERK'S NOTICE SETTING ADDITIONAL SETTLEMENT CONFERENCE: Settlement Conference set for 11/13/2019 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/18/2019) (Entered: 06/18/2019)
45 Declaration of Brandon La Walton Jones filed by Brandon Jones. (Attachments: # 1 Exhibit)(sfbS, COURT STAFF) (Filed on 6/21/2019) (Entered: 06/21/2019)
46 MOTION of Safety Hazard filed by Brandon Jones. Responses due by 7/29/2019. Replies due by 8/12/2019. (Attachments: # 1 Exhibit, # 2 Cover Sheet, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/03/2019)
47 MOTION of Unethical Misbehavior and Treatment filed by Brandon Jones. Responses due by 8/5/2019. Replies due by 8/19/2019. (Attachments: # 1 Cover Sheet, # 2 Envelope)(sfbS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)
48 ORDER GRANTING LEAVE for Plaintiffs' Counsel to File Supplemental Response to Recent Filings. Re: Dtk. Nos. 45 , 46 , 47 . Responses due by 7/29/2019. Signed by Judge Nathanael Cousins on 7/9/2019. (lmh, COURT STAFF) (Filed on 7/9/2019) (Entered: 07/09/2019)
49 RESPONSE re 48 Order, Plaintiffs' Counsel's Response to Recent Filings Dkt Nos. 45 46 47 by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 7/25/2019) Modified on 7/25/2019 (sfbS, COURT STAFF). (Entered: 07/25/2019)
50 ORDER REGARDING PLAINTIFFS' COUNSEL'S RESPONSE TO RECENT FILINGS. Signed by Judge Nathanael Cousins on 8/2/2019. (lmh, COURT STAFF) (Filed on 8/2/2019) (Entered: 08/02/2019)
51 Letter from Brandon Jones. (sfbS, COURT STAFF) (Filed on 8/15/2019) (Entered: 08/19/2019)

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 10 of 24

08/30/2019 09/04/2019 10/17/2019 10/18/2019 10/23/2019 10/23/2019 10/28/2019 10/30/2019
10/30/2019 12/06/2019
12/17/2019

52 CLERK'S NOTICE: The court vacates the October 2 settlement conference and keeps in place the November 13 settlement conference. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 8/30/2019) (Entered: 08/30/2019)
53 CLERK'S NOTICE SETTING FURTHER SETTLEMENT CONFERENCE: The court sets a Further Settlement Conference for 12/17/2019 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/4/2019) (Entered: 09/04/2019)
56 MOTION to Order Recording Device filed by Brandon Jones. Responses due by 11/14/2019. Replies due by 11/29/2019. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 10/17/2019) (Entered: 10/25/2019)
54 CLERK'S NOTICE VACATING SETTLEMENT CONFERENCE: The settlement conference previously set for 11/13/2019 is VACATED. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/18/2019) (Entered: 10/18/2019)
55 JOINT CASE MANAGEMENT STATEMENT filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 10/23/2019) Modified on 10/24/2019 (sfbS, COURT STAFF). (Entered: 10/23/2019)
58 MOTION for Court Assistance filed by Brandon Jones. Responses due by 11/20/2019. Replies due by 12/4/2019. (Attachments: # 1 Declaration in Support, # 2 Cover Letter, # 3 Envelope)(sfbS, COURT STAFF) (Filed on 10/23/2019) (Entered: 10/28/2019)
57 CLERK'S NOTICE SETTING FURTHER SETTLEMENT CONFERENCE: Settlement Conference set for 2/19/2020 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Settlement Conference statements/updates due by 2/12/2020. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 10/28/2019) (Entered: 10/28/2019)
59 Minute Entry for proceedings held before Judge Nathanael M. Cousins.
Further Case Management Conference held on 10/30/2019: Karyn Tribble is substituted as replacement of defendant Carol Burton. Defense counsel confirms consent to magistrate judge jurisdiction of defendant Tribble. Further Telephonic Case Management Conference set for 2/26/2019 10:00 AM. Updated Case Management Statement due by 2/21/2019.
Attorneys for Plaintiffs: Kara Janssen, Jeff Bornstein, Hugo Cabrera. Attorneys for Defendants: Greg Thomas, Samantha Wolff, Temitayo Peters.
FTR Time: 10:45am − 10:55am. Time in Court: 10 minutes. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 10/30/2019) (Entered: 10/30/2019)
60 PDF with attached Audio File. Court Date & Time [ 10/30/2019 10:45:31 AM ]. File Size [ 4536 KB ]. Run Time [ 00:09:27 ]. (courtspeak). (Entered: 10/30/2019)
61 Joint MOTION to Certify Class filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. Motion Hearing set for 1/22/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 12/20/2019. Replies due by 12/27/2019. (Attachments: # 1 Joint Stipulation of Facts, # 2 Declaration of Kara Janssen, # 3 Proposed Order)(Janssen, Kara) (Filed on 12/6/2019) (Entered: 12/06/2019)
62 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 12/17/2019. The court held a settlement conference. There is a second settlement conference now set for February 19, 2020, and the court adds a third settlement conference for April 15, 2020 at 10:00 a.m. The County will respond to the points discussed today by mid−January

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 11 of 24

01/13/2020 01/21/2020 02/05/2020 02/10/2020 02/14/2020 02/19/2020
02/21/2020 02/21/2020 02/26/2020

2020. (Not Reported).
Settlement Conference set for 2/19/2020 and 4/15/2020 at 10:00 AM in San Francisco, Courtroom B, 15th Floor.
Plaintiffs' Attorneys: Ernest Galvan, Jeffrey Bornstein and Kara Janssen. Defendants' Attorneys: Gregory Thomas, Paul Mello, Samantha Wolff and Temitayo Peters. Also appearing: Kristy Van Herick, Ken Maiolini, Cpt. Donald Mattison, Asst. Sheriff Dennis Houghtelling, Undersheriff Richard Lucia, Carrie Carone, Tom Madigan, James Wagoner, Ravi Mehta, Dr. Aaron Chapman and Dr. Karen Tribble. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 12/17/2019) (Entered: 12/17/2019)
63 PRETRIAL PREPARATION ORDER. Signed by Judge Nathanael Cousins on 1/10/2020. (lmh, COURT STAFF) (Filed on 1/13/2020) (Entered: 01/13/2020)
64 ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION 61 . Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 1/21/2020) (Entered: 01/21/2020)
65 Letter from Brandon Jones. (sfbS, COURT STAFF) (Filed on 2/5/2020) (Entered: 02/06/2020)
66 MOTION Remove Protective Order filed by Brandon Jones. Responses due by 3/9/2020. Replies due by 3/23/2020. (Attachments: # 1 Envelope)(sfbS, COURT STAFF) (Filed on 2/10/2020) (Entered: 02/13/2020)
67 CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE TIME: The court has some scheduling issues that require the resetting of the start time of the settlement conference to 1:30 p.m. on 2/19/2020. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/14/2020) (Entered: 02/14/2020)
68 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held on 2/19/2020. Parties worked out a timeline and will stipulate to continue the discovery deadlines by 60 days and will meet other deadlines on the agreed−to schedule. (Not Reported).
Plaintiffs' Attorneys: Ernest Galvan, Jeffrey Bornstein and Kara Janssen. Defendants' Attorneys: Gregory Thomas, Paul Mello, Samantha Wolff and Temitayo Peters. Also appearing: Asst. Sheriff Dennis Houghtelling, Undersheriff Richard Lucia, Cpt. Donald Mattison, Tom Madigan, Lt. Carrie Carone, Kristy Van Herich, Aaron Chapman, James Wagner, Derrick Hesselein, Karyn Tribble, Ravi Mehta, and Timothy Liebowitz. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 2/19/2020) (Entered: 02/20/2020)
69 CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 2/21/2020) (Entered: 02/21/2020)
70 CLERK'S NOTICE. Counsel may participate by telephone for the case management conference set for 2/26/2020 at 10:00 AM. Counsel must contact the Courtroom Deputy at Lili_Harrell@cand.uscourts.gov to provide a direct dial number for the Court to initiate the call. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 2/21/2020) (Entered: 02/21/2020)
71 CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE CALL: The court sets a defendants only conference call for 2/27/2020 at 12:00 PM and will email the call−in information separately. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 12 of 24

02/26/2020
02/26/2020 02/26/2020 02/27/2020
03/16/2020
03/16/2020 03/19/2020 03/23/2020 03/24/2020

2/26/2020) (Entered: 02/26/2020)
72 Minute Entry for proceedings held before Judge Nathanael M. Cousins.
Further Case Management Conference held on 2/26/2020: Updated Case Management Statement due by 4/20/2020. Further Telephonic Case Management Conference set for 4/22/2020 at 10:00 AM. Court to issue modified scheduling order.
Attorneys for Plaintiffs: Jeff Bornstein. Attorneys for Defendants: Greg Thomas.
FTR Time: 10:49am − 10:58am. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 2/26/2020) (Entered: 02/26/2020)
73 CASE MANAGEMENT SCHEDULING ORDER: Non−expert discovery must be completed by 5/26/2020. Dispositive motions must be filed by 6/22/2020. All discovery from expert witnesses must be completed by 7/13/2020. Signed by Judge Nathanael Cousins on 2/26/2020. (lmh, COURT STAFF) (Filed on 2/26/2020) (Entered: 02/26/2020)
74 PDF with attached Audio File. Court Date & Time [ 2/26/2020 10:49:39 AM ]. File Size [ 3968 KB ]. Run Time [ 00:08:16 ]. (courtspeak). (Entered: 02/26/2020)
75 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Call held on 2/27/2020. Defense−only settlement conference held. Defense will confer with the plaintiffs. Further in−person has already been set for April. (Not Reported).
Defendants' Attorneys: Gregory Thomas, Temitayo Peters and Samantha Wolff. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 2/27/2020) (Entered: 02/28/2020)
76 CLERKS NOTICE RE: SETTLEMENT CONFERENCE: Through at least April 17, 2020, pursuant to a recently issued court policy, the court will not be have any in−person settlement conferences. The court is open to helping the parties work to find other options, including by having video conferencing or rescheduling the conference. Generally, telephonic settlement conferences are not helpful (though if the parties have already met with the court in person, then a telephonic conference may be useful). The court asks the parties to confer within in three business days and to file something with their positions about their proposed next steps. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/16/2020) (Entered: 03/16/2020)
77 NOTICE re Pandemic Response and Court's Availability (Cousins, Nathanael) (Filed on 3/16/2020) (Entered: 03/16/2020)
78 RESPONSE re 76 Clerk's Notice,,, Joint Response to Clerk's Notice re Settlement Conference (Dkt 76) by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 3/19/2020) (Entered: 03/19/2020)
79 CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: At the parties' request, the court resets the settlement conference previously set for 4/15/2020 to 6/2/2020 at 11:30 AM, the courts next available date. The court will work with the parties to find a different date if the date is not available for them. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/23/2020) (Entered: 03/23/2020)
80 ORDER,
The court had further settlement communications with the parties and asks defense counsel to update the parties within two business days about the timeline for

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 13 of 24

03/27/2020 03/27/2020
03/28/2020 03/29/2020 03/30/2020 03/30/2020
03/31/2020 03/31/2020

circulating staffing expert Mike Brady's report.
(This is a text−only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 3/24/2020) (Entered: 03/24/2020)
81 RESPONSE re 77 Notice (Other) Joint Response to Court's March 16 Notice by Gregory J. Ahern, County of Alameda. (Attachments: # 1 Proposed Order Plaintiffs' {Proposed] Order Regarding Santa Rita Jail COVID−19 Response)(Thomas, Gregory) (Filed on 3/27/2020) (Entered: 03/27/2020)
82 CLERK'S NOTICE SETTING TELEPHONIC HEARING.
The Court sets a telephonic hearing regarding the Joint Response 81 and Plaintiffs' proposed order regarding Santa Rita Jail COVID−19 Response [81−1] for 3/30/2020, at 09:00 AM before Judge Nathanael Cousins.
Participants are to use the following conference call line:
Dial−in: 888.684.8852 Access code: 1557087
(This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 3/27/2020). (Entered: 03/27/2020)
83 NOTICE TO THIRD PARTIES RE: HEARING ON SANTA RITA JAIL COVID−19 RESPONSE. March 30, 2020, 09:00 AM Telephonic. Signed by Judge Nathanael Cousins on 3/28/2020. (Attachments: # 1 Certificate/Proof of Service)(lmh, COURT STAFF) (Filed on 3/28/2020) (Additional attachment(s) added on 3/28/2020: # 2 Amended Certificate/Proof of Service) (lmh, COURT STAFF). (Entered: 03/28/2020)
84 AGENDA FOR HEARING ON SANTA RITA JAIL COVID−19 RESPONSE. March 30, 2020, 09:00 AM Telephonic. Signed by Judge Nathanael Cousins on 3/29/2020. (lmh, COURT STAFF) (Filed on 3/29/2020). (Entered: 03/29/2020)
85 ORDER AFTER HEARING RE: Santa Rita Jail COVID−19 Response. March 30, 2020, 09:00 AM Telephonic. A further status hearing is set on April 2 at 09:00 AM and will be by telephone only. All participants, as well as the public, may participate by calling 888.684.8852, and entering access code 1557087. Signed by Judge Nathanael Cousins on 3/30/2020. (lmh, COURT STAFF) (Filed on 3/30/2020) (Entered: 03/30/2020)
86 Minute Entry for proceedings held before Judge Nathanael M. Cousins.
Hearing re 81 Santa Rita County Jail COVID−19 Response held on March 30, 2020. Case continued to Thursday, April 2 at 09:00 AM for further telephonic status. Participants to use the same dial−in number.
Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan. Attorneys for Defendants: Gregory Thomas, Paul Mello, Temitayo Peters.
Court Reporter: Lee−Anne Shortridge. Total Time in Court: 1 hour, 30 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 3/30/2020) (Entered: 03/30/2020)
87 CLERK'S NOTICE SETTING SETTLEMENT CONFERNCE CALL: The court sets a settlement conference call for 4/2/2020 at 10:00 AM and will email the call−in information separately. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/31/2020) (Entered: 03/31/2020)
Set Deadlines/Hearings: Settlement Conference Call set for 4/2/2020 at 10:00 AM is reset to 10:30 AM. The call−in information remains the same. (ejkS, COURT STAFF) (Filed on 3/31/2020) (Entered: 03/31/2020)

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 14 of 24

04/02/2020
04/02/2020
04/03/2020 04/03/2020 04/04/2020 04/06/2020 04/06/2020 04/08/2020 04/08/2020 04/09/2020 04/10/2020

88 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Call held on 4/2/2020. The court held a telephonic settlement conference with the parties focusing on COVID−19 issues. The court asks the parties to email the staffing study to the court when it is released on April 15. After they have digested the study, the parties will email the court to set up another settlement call. (Not Reported).
Plaintiff Attorneys: Ernest Galvan, Kara Janssen and Jeffrey Bornstein. Defendant Attorneys: Gregory Thomas, Samantha Wolff and Temitayo Peters. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 4/2/2020) (Entered: 04/02/2020)
90 Minute Entry for proceedings held before Judge Nathanael M. Cousins.
Telephonic Status Conference re Santa Rita COVID−19 Response 81 held on April 2, 2020: Parties to meet and confer and file joint update by April 9. Further telephonic hearing set for April 10 at 09:00 AM. Participants to use the same dial−in number.
Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan. Attorneys for Defendants: Gregory Thomas, Samantha Wolf, Temitayo Peters.
Court Reporter: Lee−Anne Shortridge. Total Time in Court: 37 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 4/2/2020) (Entered: 04/04/2020)
89 TRANSCRIPT ORDER for proceedings held on 03/30/2020 before Judge Nathanael M. Cousins by County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 4/3/2020) (Entered: 04/03/2020)
96 Letter from Brandon Jones. (sfbS, COURT STAFF) (Filed on 4/3/2020) (Entered: 04/09/2020)
91 ORDER AFTER HEARING RE: Santa Rita Jail COVID−19 Response. April 2, 2020, 09:00 AM Telephonic. A further status hearing is set on April 10 at 09:00 AM and will be by telephone only. All participants, as well as the public, may participate by calling 888.684.8852, and entering access code 1557087. A joint update is requested to be filed by April 9. Signed by Judge Nathanael Cousins on 4/4/2020. (lmh, COURT STAFF) (Filed on 4/4/2020) (Entered: 04/04/2020)
92 TRANSCRIPT ORDER for proceedings held on March 30, 2020 and April 2, 2020 before Judge Nathanael M. Cousins by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington, for Court Reporter Lee−Anne Shortridge. (Janssen, Kara) (Filed on 4/6/2020) (Entered: 04/06/2020)
93 TRANSCRIPT ORDER for proceedings held on 04/02/2020 before Judge Nathanael M. Cousins by County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 4/6/2020) (Entered: 04/06/2020)
94 NOTICE of Substitution of Counsel by Rekha Elaine Arulanantham (Arulanantham, Rekha) (Filed on 4/8/2020) (Entered: 04/08/2020)
95 CASE MANAGEMENT STATEMENT filed by Brandon Jones. (sfbS, COURT STAFF) (Filed on 4/8/2020) (Entered: 04/09/2020)
97 RESPONSE re 91 Order, Joint Response re Santa Rita Jail's COVID−19 Response by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 4/9/2020) (Entered: 04/09/2020)
98 Minute Entry for proceedings held before Judge Nathanael M. Cousins.
Telephonic Status Conference re Santa Rita COVID−19 Response 81 held on April 10, 2020. Parties to meet and confer and file joint update by April 16. Further telephonic hearing set for April 17 at 09:00 AM.

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 15 of 24

Participants to use the same dial−in number.

Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan. Attorneys for Defendants: Gregory Thomas, Paul Mello, Samantha Wolf, Temitayo Peters.

04/10/2020
04/10/2020 04/13/2020 04/16/2020 04/16/2020 04/17/2020

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 1 hour, 24 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 4/10/2020) (Entered: 04/10/2020)
99 ORDER AFTER HEARING RE: Santa Rita Jail COVID−19 Response. April 10, 2020, 09:00 AM Telephonic. A further status hearing is set on April 17, at 09:00 AM and will be by telephone only. All participants, as well as the public, may participate by calling 888.684.8852, and entering access code 1557087. A joint update is requested to be filed by April 16. The case management conference set for April 22 is vacated. Signed by Judge Nathanael Cousins on 4/10/2020. (lmh, COURT STAFF) (Filed on 4/10/2020) (Entered: 04/10/2020)
100 TRANSCRIPT ORDER for proceedings held on April 10, 2020 before Judge Nathanael M. Cousins by County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 4/10/2020) (Entered: 04/10/2020)
101 MOTION Request Assistance with Prevention filed by Brandon Jones. Responses due by 5/11/2020. Replies due by 5/26/2020. (sfbS, COURT STAFF) (Filed on 4/13/2020) (Entered: 04/14/2020)
102 QUESTIONS IN PREPARATION FOR APRIL 17 STATUS CONFERENCE. Signed by Judge Nathanael Cousins on 4/16/2020. (lmh, COURT STAFF) (Filed on 4/16/2020) (Entered: 04/16/2020)
103 RESPONSE re 99 Order,, Joint Response to Summary Order Following April 10 Status Hearing re Santa Rita Jail COVID−19 Response by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 4/16/2020) (Entered: 04/16/2020)
104 Minute Entry for proceedings held before Judge Nathanael M. Cousins.

Telephonic Status Conference re Santa Rita COVID−19 Response 81 held on April 17, 2020. Parties to meet and confer and file joint update by April 23. Further telephonic hearing set for April 14 at 09:00 AM. Participants to use the same dial−in number.

Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan, Rekha Arulanantham. Attorneys for Defendants: Gregory Thomas, Paul Mello, Samantha Wolf.

04/17/2020
04/17/2020 04/20/2020

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 1 hour. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 4/17/2020) (Entered: 04/17/2020)
105 SUMMARY ORDER FOLLOWING APRIL 17 STATUS HEARING RE: Santa Rita Jail COVID−19 Response. April 17, 2020, 09:00 AM, Telephonic. A further status hearing is set on April 24, at 09:00 AM and will be by telephone only. All participants, as well as the public, may participate by calling 888.684.8852, and entering access code 1557087. A joint update is requested to be filed by April 23. Signed by Judge Nathanael Cousins on 4/17/2020. (lmh, COURT STAFF) (Filed on 4/17/2020) (Entered: 04/17/2020)
106 TRANSCRIPT ORDER for proceedings held on 4/17/2020 before Judge Nathanael M. Cousins by County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 4/17/2020) (Entered: 04/17/2020)
107 NOTICE by Gregory J. Ahern, Carol Burton, County of Alameda re: Points of Contact for Medical Records and Custody Concerns for Criminal Defense Lawyers During Pandemic (Thomas, Gregory) (Filed on 4/20/2020) (Entered: 04/20/2020)

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 16 of 24

04/20/2020 04/22/2020 04/22/2020 04/22/2020 04/22/2020
04/23/2020 04/24/2020

108 EXHIBITS re 107 Notice (Other) EXHIBIT A to NOTICE RE POINTS OF CONTACT FOR MEDICAL RECORDS AND CUSTODY CONCERNS FOR CRIMINAL DEFENSE LAWYERS DURING PANDEMIC filed byGregory J. Ahern, County of Alameda. (Related document(s) 107 ) (Mello, Paul) (Filed on 4/20/2020) (Entered: 04/20/2020)
109 ORDER REGARDING Applicability of Updated Public Health Department Guidance for COVID−19 Testing. Signed by Judge Nathanael Cousins on 4/22/2020. (lmh, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)
110 STIPULATION WITH PROPOSED ORDER re 73 Case Management Scheduling Order, Stipulation and [Proposed] Order to Continue Trial Date filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Bornstein, Jeffrey) (Filed on 4/22/2020) (Entered: 04/22/2020)
111 NOTICE by Gregory J. Ahern, County of Alameda (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wolff, Samantha) (Filed on 4/22/2020) (Entered: 04/22/2020)
112 Administrative Motion to File Under Seal Portions of the Parties' Joint Expert Reports filed by Gregory J. Ahern, County of Alameda. (Attachments: # 1 Declaration of Samantha Wolff In Support of Administravtive Motion to File Under Seal, # 2 Proposed Order, # 3 Exhibit 5 Unredacted Version to Sabot Report, # 4 Exhibit 8 Unredacted Version to Sabot Report, # 5 Exhibit 10 Unredacted Version to Sabot Report, # 6 Exhibit 11Unredacted Version to Sabot Report, # 7 Exhibit 12 Unredacted Version to Sabot Report, # 8 Appendix 1 Unredacted Version to Hughes Report, # 9 Appendix 2 Unredacted Version to Hughes Report, # 10 Exhibit Unredacted Version Key to Hughes Report)(Wolff, Samantha) (Filed on 4/22/2020) (Entered: 04/22/2020)
113 RESPONSE re 105 Order, Following April 17 Status Hearing re: Santa Rita Jail COVID−19 Response by Gregory J. Ahern, County of Alameda. (Thomas, Gregory) (Filed on 4/23/2020) (Entered: 04/23/2020)
114 ORDER GRANTING 110 STIPULATION to Continue Trial Date.

Jury Trial set for 1/25/2021, at 09:00 AM. Pretrial Conference set for 12/9/2020, at 02:00 PM.

Motion and Discovery deadlines are continued: Dispositive motions filed: 9/4/2020. Non−expert discovery: 8/7/2020. Initial disclosures of expert testimony and reports: 8/21/2020. All discovery of expert witnesses: 10/9/2020.

Signed by Judge Nathanael Cousins on 4/24/2020.

(lmh, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020) 04/24/2020 115 Minute Entry for proceedings held before Judge Nathanael M. Cousins.

Further status conference held on 4/24/2020. Court to issue summary order.

Telephonic appearances: Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan, Rekha Arulanantham. Attorneys for Defendants: Gregory Thomas, Paul Mello, Samantha Wolf. Attorneys for CFMG/WellPath: Peter Bertling, Ben Rice.

04/24/2020

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 32 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 4/24/2020) (Entered: 04/24/2020)
116 SUMMARY ORDER FOLLOWING APRIL 24 STATUS HEARING RE: SANTA RITA JAIL COVID−19 RESPONSE. The parties must file a status update by May 1, 2020. A further status hearing is set on May 8, 2020, at 09:00

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04/24/2020 04/29/2020 04/29/2020 05/06/2020 05/08/2020

AM and will be by telephone only. All participants, as well as the public, may participate by calling 888.684.8852, and entering access code 1557087. Signed by Judge Nathanael Cousins on 4/24/2020. (lmh, COURT STAFF) (Filed on 4/24/2020) (Entered: 04/24/2020)
117 TRANSCRIPT ORDER for proceedings held on 4/24/2020 before Judge Nathanael M. Cousins by Gregory J. Ahern, County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 4/24/2020) (Entered: 04/24/2020)
118 STIPULATION WITH PROPOSED ORDER filed by Gregory J. Ahern, Carol Burton, County of Alameda. (Wolff, Samantha) (Filed on 4/29/2020) (Entered: 04/29/2020)
119 ORDER GRANTING 118 STIPULATION to continue filing of status update to 5/6/2020. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 4/29/2020) (Entered: 04/29/2020)
120 RESPONSE re 105 Order, Joint Response to Summary Order Following April 17 Status Hearing Re: Santa Rita Jail COVID−19 Response by County of Alameda. (Mello, Paul) (Filed on 5/6/2020) (Entered: 05/06/2020)
121 Minute Entry for proceedings held before Judge Nathanael M. Cousins.

Telephonic Status Conference held on 5/8/2020. Court to issue summary order.

Telephonic appearances: Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan, Rekha Arulanantham. Attorneys for Defendants: Gregory Thomas, Paul Mello, Samantha Wolf, Temitayo Peters. Attorneys for WellPath: Peter Bertling, Ben Rice, Hannah Bernard.

05/08/2020 05/08/2020 05/08/2020 05/14/2020
05/14/2020

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 32 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 5/8/2020) (Entered: 05/08/2020)
122 SUMMARY ORDER FOLLOWING MAY 8 STATUS HEARING RE: SANTA RITA JAIL COVID−19 RESPONSE. The parties must file a status update by May 20, 2020. A further status hearing is set on May 22, 2020, at 09:00 AM and will be by telephone only. All participants, as well as the public, may participate by calling 888.684.8852, and entering access code 1557087. Signed by Judge Nathanael Cousins on 5/8/2020. (lmh, COURT STAFF) (Filed on 5/8/2020). (Entered: 05/08/2020)
123 TRANSCRIPT ORDER for proceedings held on 5/8/2020 before Judge Nathanael M. Cousins by Gregory J. Ahern, County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 5/8/2020) (Entered: 05/08/2020)
Reset Hearing per 122 Order: Telephonic Status Conference set for 5/22/2020, at 09:00 AM before Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 5/8/2020) (Entered: 05/08/2020)
124 Transcript of Proceedings held on 3−30−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 89 Transcript Order ) Release of Transcript Restriction set for 8/12/2020. (Related documents(s) 89 ) (lasS, COURT STAFF) (Filed on 5/14/2020) (Entered: 05/14/2020)
125 Transcript of Proceedings held on 4−2−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court

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05/14/2020 05/20/2020 05/22/2020 05/22/2020

Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 92 Transcript Order, ) Release of Transcript Restriction set for 8/12/2020. (Related documents(s) 92 ) (lasS, COURT STAFF) (Filed on 5/14/2020) (Entered: 05/14/2020)
126 Transcript of Proceedings held on 4−10−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 100 Transcript Order ) Release of Transcript Restriction set for 8/12/2020. (Related documents(s) 100 ) (lasS, COURT STAFF) (Filed on 5/14/2020) (Entered: 05/14/2020)
127 RESPONSE re 122 Order,, Set Hearings, Joint Response to Summary Order Following May 6 Status Hearing re Santa Rita Jail COVID−19 Response by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 5/20/2020) (Entered: 05/20/2020)
128 Transcript of Proceedings held on 4−17−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 106 Transcript Order ) Release of Transcript Restriction set for 8/20/2020. (Related documents(s) 106 ) (lasS, COURT STAFF) (Filed on 5/22/2020) (Entered: 05/22/2020)
129 Minute Entry for proceedings held before Judge Nathanael M. Cousins.

Telephonic Status Conference re Santa Rita COVID−19 Response 81 held on May 22, 2020. Joint status update due by June 3. Further telephonic hearing set for June 6, 2020, at 09:00 AM. Participants to use the same dial−in number.

Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan, Rekha Arulanantham. Attorneys for Defendants: Gregory Thomas, Temitayo Peters, Samantha Wolf.

05/22/2020
05/22/2020 05/26/2020 06/03/2020

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 32 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 5/22/2020) (Entered: 05/22/2020)
130 ORDER SUMMARY ORDER FOLLOWING MAY 22 STATUS HEARING RE: SANTA RITA JAIL COVID−19 RESPONSE. The parties must file a status update by June 3. A further status hearing is set on June 5, 2020, at 09:00 AM and will be by telephone only. All participants, as well as the public, may participate by calling 888.684.8852, and entering access code 1557087. Signed by Judge Nathanael Cousins on 5/22/2020. (lmh, COURT STAFF) (Filed on 5/22/2020) (Entered: 05/22/2020)
131 TRANSCRIPT ORDER for proceedings held on 5/22/2020 before Judge Nathanael M. Cousins by Gregory J. Ahern, County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 5/22/2020) (Entered: 05/22/2020)
Set/Reset Hearing (Entered: 05/26/2020)
132 ADMINISTRATIVE MOTION Leave of Court to File Letter Dated June 3, 2020 Declaration of Jonathan U. Lee; (Proposed) Order filed by U.S. Attorney's Office. Responses due by 6/8/2020. (Lee, Jonathan) (Filed on 6/3/2020) (Entered: 06/03/2020)

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 19 of 24

06/03/2020 06/03/2020
06/04/2020
06/04/2020 06/05/2020 06/05/2020 06/07/2020 06/09/2020 06/10/2020 06/12/2020 06/16/2020
06/22/2020

133 RESPONSE re 130 Order, Joint Response to Summary Order Following May 22 Status Hearing Re: Santa Rita Jail Covid−19 Reponse by Gregory J. Ahern, County of Alameda. (Attachments: # 1 Exhibit A to Joint Response to Summary Order Following May 22 Status Hearing RE Santa Rita Jail Covid−19 Response)(Mello, Paul) (Filed on 6/3/2020) (Entered: 06/03/2020)
134 CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE: At the parties' request, the court sets a further settlement conference by Zoom meeting for Monday, June 22, 2020, at 2:30 p.m. (The hour is because the court is on criminal duty.) The parties must send one email that includes the court personally (not just the court's CRD because the court will personally schedule the Zoom) with all attendees listed either in the TO field or in the email text with email addresses only, separated by semi−colons, to facilitate the court's generation of a Zoom invite. The parties must confer and submit if possible a joint update about unresolved issues one week before the settlement conference. They may submit separate statements too. All statements must be emailed to the court directly with a cc to lbsettlement@cand.uscourts.gov. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/3/2020) (Entered: 06/03/2020)
135 ORDER CONTINUING STATUS HEARING TO JUNE 26; AND GRANTING LEAVE TO FILE. The June 5 status hearing is continued to June 26, 2020, at 09:00 AM. The parties must file a joint update by June 24. The Court GRANTS the United States Attorney's Office motion for leave to file at ECF 132 . AUSA Jonathan Lee is invited to participate in the June 26 hearing. Signed Judge Nathanael M. Cousins. (lmh, COURT STAFF) (Filed on 6/4/2020) (Entered: 06/04/2020)
136 Letter from June 3, 2020 . (Lee, Jonathan) (Filed on 6/4/2020) (Entered: 06/04/2020)
137 SUA SPONTE REFERRAL FOR PURPOSE OF DETERMINING RELATIONSHIP. Signed by Magistrate Judge Jacqueline Scott Corley on 6/5/2020. (ahm, COURT STAFF) (Filed on 6/5/2020) (Entered: 06/05/2020)
138 CLERK'S NOTICE. The parties are ordered to file response to the related case notice by June 10. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 6/5/2020) (Entered: 06/05/2020)
139 RESPONSE re 137 Order, 138 Clerk's Notice, by daniel gonzalez. (Huang, Yolanda) (Filed on 6/7/2020) (Entered: 06/07/2020)
140 RESPONSE re 137 Order Babu Plaintiffs' Response to Court's Sua Sponte Referral for Purposes of Determining Relationship by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Arulanantham, Rekha) (Filed on 6/9/2020) (Entered: 06/09/2020)
141 RESPONSE re 138 Clerk's Notice, Defendants' Response to Court's Sua Sponte Referral For Purposes of Determining Relationship by Gregory J. Ahern, County of Alameda. (Wolff, Samantha) (Filed on 6/10/2020) (Entered: 06/10/2020)
142 ORDER AND NOTICE determining cases 5:18−cv−07677 NC and 3:19−7423 JSC are NOT administratively related entered by Judge Nathanael Cousins on 6/12/2020. (lmh, COURT STAFF) (Filed on 6/12/2020) (Entered: 06/12/2020)
143 ORDER. The court previously issued an order asking for a joint update if possible and separate statements otherwise by June 15 by email to lbsettlement@cand.uscourts.gov. The parties must submit an update by Wednesday, June 17, or the court likely will ask the parties to reschedule the conference to another day this month. Signed by Judge Laurel Beeler on 6/16/2020. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lblc5S, COURT STAFF) (Filed on 6/16/2020) (Entered: 06/16/2020)
144 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 6/22/2020. The parties drafted a timeline for the sets of issues in the case. The County will provide its written

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06/23/2020 06/24/2020 06/26/2020

proposals/timelines by July 22, 2020. The plaintiffs will respond as quickly as is practicable and in any event on a timeline that allows them to submit their update to the court before the week of August (to accommodate the schedules of several lawyers). The parties will confer on August 10, 2020 at 3:00 p.m. The next settlement conference is August 11, 2020 at 10:00 a.m. By 5 p.m. on August 9, 2020, the parties must send the court one email with the emails of all attendees so that the court can cut and paste the emails into a Zoom invitation. (Not Reported). (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 6/22/2020) (Entered: 06/22/2020)
145 RESPONSE re 136 Letter Plaintiffs' Response to U.S.A.O. Letter of June 3, 2020 by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Bornstein, Jeffrey) (Filed on 6/23/2020) (Entered: 06/23/2020)
146 RESPONSE re 135 Order on Administrative Motion per Civil Local Rule 7−11, Joint Response to June 4, 2020 Order Continuing Status Hearing to June 26, 2020 by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Janssen, Kara) (Filed on 6/24/2020) (Entered: 06/24/2020)
147 Minute Entry for proceedings held before Judge Nathanael M. Cousins.

Telephonic Status Conference re Santa Rita COVID−19 Response 18 held on June 26, 2020. Joint status update due by July 29. Next conference set for July 31, 2020, at 09:00 AM. Participants to use the same dial−in number.

Attorneys for Plaintiffs: Kara Janssen, Jeffrey Bornstein, Ernest Galvan. Attorneys for Defendants: Gregory Thomas, Paul Mello, Samantha Wolf. Attorneys for WellPath: Hannah Bernard, Peter Bertlin, Ben Rice.

06/29/2020 07/13/2020
07/13/2020 07/14/2020
07/16/2020

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 34 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 6/26/2020) (Entered: 06/26/2020)
148 TRANSCRIPT ORDER for proceedings held on 06/26/2020 before Judge Nathanael M. Cousins by County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 6/29/2020) (Entered: 06/29/2020)
149 MOTION to Intervene by Gonzalez Plaintiffs filed by daniel gonzalez. Motion Hearing set for 8/19/2020 01:00 PM in San Jose, Courtroom 5, 4th Floor before Judge Nathanael M. Cousins. Responses due by 7/27/2020. Replies due by 8/3/2020. (Attachments: # 1 Proposed Order, # 2 Declaration Jenna Swartz, # 3 Declaration Yolanda Huang)(Huang, Yolanda) (Filed on 7/13/2020) (Entered: 07/13/2020)
150 MOTION to Shorten Time with Proposed Order filed by daniel gonzalez. (Huang, Yolanda) (Filed on 7/13/2020) (Entered: 07/13/2020)
151 Order denying 150 Motion to Shorten Time entered by Judge Nathanael M. Cousins. While the Jail's response to the Covid crisis is urgent, the Court is not persuaded that the motion for intervention requires shortened time. (This is a text−only entry generated by the court. There is no document associated with this entry.) (Entered: 07/14/2020)
152 CLERK'S NOTICE SETTING TELEPHONE CONFERENCE. Telephone Conference set for 7/17/2020, at 03:00 PM before Judge Nathanael M. Cousins.

This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.

For conference line information, see: https://apps.cand.uscourts.gov/telhrg/

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 21 of 24

All counsel, members of the public and press please use the following dial−in information below to access the conference line:

Dial In: 888.684.8852

Access Code: 1557087

The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.

PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.

07/16/2020 07/17/2020 07/17/2020 07/17/2020

(This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/16/2020) (Entered: 07/16/2020)
153 NOTICE by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington Plaintiffs' Request for Emergency Status Conference (Bornstein, Jeffrey) (Filed on 7/16/2020) (Entered: 07/16/2020)
154 ADMINISTRATIVE MOTION re 153 Notice (Other), Request for Leave toParticipate in Emergency Telephone Status Conference on behalf of Plaintiff/Intervenors Gonzalez Plaintiffs filed by daniel gonzalez. Responses due by 7/21/2020. (Huang, Yolanda) (Filed on 7/17/2020) (Entered: 07/17/2020)
155 ORDER GRANTING 154 Administrative Motion − Request for Leave to Participate in Emergency Telephone Status Conference on behalf of Plaintiff/Intervenors and Gonzalez Plaintiffs. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/17/2020) (Entered: 07/17/2020)
159 Minute Entry for proceedings held before Judge Nathanael M. Cousins.

Telephone Conference held on 7/17/2020. Parties to continue to meet and confer. Joint update remains due 7/29 in preparation for the next conference set for 7/31.

Attorneys for Plaintiffs: Jeffrey Bornstein, Ernest Galvan, Rekha Arulanantham. Attorneys for Defendants: Gregory Thomas, Temitayo Peters, Paul Mello, Samantha Wolf. Attorneys for WellPath: Peter Bertlin, Ben Rice, Hannah Bernard. U.S. Attorney's Office: Jonathan Lee. Attorney for Intervenor Plaintiff: Yolanda Huang.

07/20/2020 07/21/2020

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 1 hour, 4 minutes. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Date Filed: 7/17/2020) (Entered: 07/21/2020)
156 TRANSCRIPT ORDER for proceedings held on July 17, 2020 before Judge Nathanael M. Cousins for Court Reporter Lee−Anne Shortridge. (sp, COURT STAFF) (Filed on 7/20/2020) (Entered: 07/20/2020)
157 Transcript of Proceedings held on 7−17−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, telephone number e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 156 Transcript Order ) Release of Transcript Restriction set for 10/19/2020. (Related documents(s) 156 ) (lasS, COURT STAFF)

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07/21/2020 07/21/2020 07/22/2020 07/22/2020 07/24/2020
07/24/2020
07/24/2020
07/24/2020

(Filed on 7/21/2020) (Entered: 07/21/2020)
158 TRANSCRIPT ORDER for proceedings held on 07/17/2020 before Judge Nathanael M. Cousins by Gregory J. Ahern, County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 7/21/2020) (Entered: 07/21/2020)
160 SUMMARY ORDER FOLLOWING JULY 17 STATUS HEARING RE: SANTA RITA JAIL COVID−19 RESPONSE. Further Status Hearing set for 7/31/2020, with a joint update due by 7/29. See order for topics. The 7/31 hearing will be by telephone only. All participants, including the public, may join by calling 888.684.8852, and entering access code 1557087. Signed by Judge Nathanael Cousins on 7/21/2020. (lmh, COURT STAFF) (Filed on 7/21/2020) (Entered: 07/21/2020)
161 STIPULATION WITH PROPOSED ORDER Stpulation and [Proposed] Order to Continue Pretrial Deadlines filed by Gregory J. Ahern, County of Alameda. (Wolff, Samantha) (Filed on 7/22/2020) (Entered: 07/22/2020)
162 ORDER GRANTING 161 STIPULATION to Continue Pretrial Deadlines. Signed by Judge Nathanael Cousins. (lmh, COURT STAFF) (Filed on 7/22/2020) (Entered: 07/22/2020)
163 Transcript of Proceedings held on 4−24−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, telephone number e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 117 Transcript Order ) Release of Transcript Restriction set for 10/22/2020. (Related documents(s) 117 ) (lasS, COURT STAFF) (Filed on 7/24/2020) (Entered: 07/24/2020)
164 Transcript of Proceedings held on 5−8−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, telephone number e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 123 Transcript Order ) Release of Transcript Restriction set for 10/22/2020. (Related documents(s) 123 ) (lasS, COURT STAFF) (Filed on 7/24/2020) (Entered: 07/24/2020)
165 Transcript of Proceedings held on 5−22−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, telephone number e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 131 Transcript Order ) Release of Transcript Restriction set for 10/22/2020. (Related documents(s) 131 ) (lasS, COURT STAFF) (Filed on 7/24/2020) (Entered: 07/24/2020)
166 Transcript of Proceedings held on 6−26−20, before Judge Nathanael Cousins. Court Reporter Lee−Anne Shortridge, telephone number e−mail: lee−anne_shortridge@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 148 Transcript Order ) Release of Transcript Restriction set for 10/22/2020. (Related documents(s) 148 ) (lasS, COURT STAFF) (Filed on 7/24/2020) (Entered: 07/24/2020)

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 23 of 24

07/27/2020 07/27/2020 07/27/2020
07/27/2020 07/29/2020 07/29/2020 07/29/2020
07/29/2020 07/29/2020 07/29/2020 07/31/2020
07/31/2020

167 OPPOSITION/RESPONSE (re 149 MOTION to Intervene by Gonzalez Plaintiffs ) filed byGregory J. Ahern, County of Alameda. (Wolff, Samantha) (Filed on 7/27/2020) (Entered: 07/27/2020)
168 TRANSCRIPT ORDER for proceedings held on 7/17/2017 before Judge Nathanael M. Cousins for Court Reporter Lee−Anne Shortridge. (sp, COURT STAFF) (Filed on 7/27/2020) (Entered: 07/27/2020)
169 OPPOSITION/RESPONSE (re 149 MOTION to Intervene by Gonzalez Plaintiffs ) Plaintiffs' Response to Motion for Intervention filed byAshok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Attachments: # 1 Declaration)(Arulanantham, Rekha) (Filed on 7/27/2020) (Entered: 07/27/2020)
170 ERRATA re 160 Order, Proposed Questions for the Court's Consideration by Plaintiffs−Intervenors by daniel gonzalez. (Huang, Yolanda) (Filed on 7/27/2020) (Entered: 07/27/2020)
171 ERRATA re 160 Order, Supplemental Proposed Questions for the Court by Daniel Gonzalez. (Huang, Yolanda) (Filed on 7/29/2020) (Entered: 07/29/2020)
172 ADMINISTRATIVE MOTION re 160 Order, Requesting Leave to Participate in Telephone Conference on July 31, 2020 filed by Daniel Gonzalez. Responses due by 7/31/2020. (Huang, Yolanda) (Filed on 7/29/2020) (Entered: 07/29/2020)
173 MOTION for Leave to File Plaintiffs' Notice of Motion and Motion for Leave to File First Amended Complaint; Memorandum of Points and Authorities in Support Thereof filed by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Attachments: # 1 First Amended Complaint)(Bornstein, Jeffrey) (Filed on 7/29/2020) (Entered: 07/29/2020)
174 STATUS REPORT Joint Statement re Pandemic Response by Ashok Babu, Robert Bell, Demarea Johnson, Brandon Jones, Ibrahim Keegan−Hornsby, Stephanie Navarro, Roberto Serrano, Alexander Washington. (Galvan, Ernest) (Filed on 7/29/2020) (Entered: 07/29/2020)
175 TRANSCRIPT ORDER for proceedings held on 3/30;4/2;4/20;4/27;4/24; 5/8 before Judge Nathanael M. Cousins by Daniel Gonzalez, for Court Reporter Lee−Anne Shortridge. (Huang, Yolanda) (Filed on 7/29/2020) (Entered: 07/29/2020)
176 TRANSCRIPT ORDER for proceedings held on 5/22, 6/26, 7/17 before Judge Nathanael M. Cousins by Daniel Gonzalez, for Court Reporter Lee−Anne Shortridge. (Huang, Yolanda) (Filed on 7/29/2020) (Entered: 07/29/2020)
177 ORDER by Judge Nathanael M. Cousins denying 172 Administrative Motion Requesting Leave to Participate in Telephone Conference on July 31, 2020 filed by Daniel Gonzalez. (This is a text−only entry generated by the court. There is no document associated with this entry.) (lmh, COURT STAFF) (Filed on 7/31/2020) (Entered: 07/31/2020)
178 Minute Entry for proceedings held before Judge Nathanael M. Cousins.

Telephonic Status Conference re Santa Rita COVID−19 Response 18 held on July 31, 2020. Parties to confer further on Covid prevention instructions and education at the jail in language in addition to English. Further phone status set for August 28, 2020, at 09:00 AM. Joint status update due August 26. Participants to use the same dial−in number.

Attorneys for Plaintiffs: Jeffrey Bornstein, Ernest Galvan, Rekha Arulanantham. Attorneys for Defendants: Paul Mello, Samantha Wolf, Greg Thomas, Temitayo Peters. Attorneys for WellPath: Ben Rice, Hannah Bernard, Peter Bertling.

Court Reporter: Lee−Anne Shortridge. Total Time in Court: 50 minutes. Attachment: Minute order. (lmh, COURT STAFF) (Date Filed: 7/31/2020) (Entered:

Case: 5:18-cv-07677-NC As of: 08/04/2020 10:31 AM PDT 24 of 24

08/03/2020 08/03/2020

07/31/2020)
179 TRANSCRIPT ORDER for proceedings held on 07/31/2020 before Judge Nathanael M. Cousins by Gregory J. Ahern, County of Alameda, for Court Reporter Lee−Anne Shortridge. (Thomas, Gregory) (Filed on 8/3/2020) (Entered: 08/03/2020)
180 REPLY (re 149 MOTION to Intervene by Gonzalez Plaintiffs ) filed byDaniel Gonzalez. (Attachments: # 1 Declaration Adrian Contreras, # 2 Declaration Gilbert Martinez, # 3 Declaration Troy Powell, # 4 Declaration Eric Wayne)(Huang, Yolanda) (Filed on 8/3/2020) (Entered: 08/03/2020)

 
 Case 5:18-cv-07677-NC Document 64 Filed 01/21/20 Page 1 of 3

[3472538.1]

1 JEFFREY L. BORNSTEIN – 099358

ERNEST GALVAN – 196065

2 KARA J. JANSSEN – 274762

ROSEN BIEN GALVAN &

3 GRUNFELD LLP

101 Mission Street, Sixth Floor

4 San Francisco, California 94105-1738

Telephone: (415) 433-6830

5 Facsimile: (415) 433-7104

Email:

jbornstein@rbgg.com

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egalvan@rbgg.com

kjanssen@rbgg.com

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Attorneys for Plaintiffs

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GREGORY B. THOMAS – 239870

TEMITAYO O. PETERS – 309913

BURKE, WILLIAMS & SORENSEN, LLP

1901 Harrison Street, Suite 900

Oakland, CA 94612-3501

Telephone: (510) 273-8780

Facsimile: (510) 839-9104

Email:

gthomas@bwslaw.com

tpeters@bwslaw.com

PAUL B. MELLO – 179755

SAMANTHA D. WOLFF – 240280

HANSON BRIDGETT LLP

425 Market Street, 26th Floor

San Francisco, California 94105

Telephone: (415) 777-3200

Facsimile: (415) 541-9366

Email:

pmello@hansonbridgett.com

swolff@hansonbridgett.com

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Attorneys for Defendants

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13

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

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16 ASHOK BABU, ROBERT BELL, IBRAHIM KEEGAN-HORNESBY,
17 DEMAREA JOHNSON, BRANDON JONES, STEPHANIE NAVARRO,
18 ROBERTO SERRANO, and ALEXANDER WASHINGTON on behalf
19 of themselves and all others similarly situated,
20 Plaintiffs,
21 v.
22 COUNTY OF ALAMEDA; GREGORY J.
23 AHERN in his official capacity as Sheriff of the Alameda County Sheriff’s Office;
24 CAROL BURTON in her official capacity as Interim Director of the Alameda County
25 Behavioral Health Care Services Agency; and DOES 1 to 20, inclusive,,
26 Defendants.
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Case No. 5:18-CV-07677
[PROPOSED] ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION
Judge: Hon. Nathanael Cousins Date: January 22, 2020 Time: 1:00 pm Ctrm.: 5, 4th Floor
Trial Date: September 21, 2020

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Case No. 5:18-CV-07677 [PROPOSED] ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION

Case 5:18-cv-07677-NC Document 64 Filed 01/21/20 Page 2 of 3

[3472538.1]

1

[PROPOSED] ORDER

2

The Court vacates the hearing set On January 22, 2020 at 1:00

for p.m.,

aths e

Court

took

under

submission

the

Parties’

3 Joint Motion for Class Certification under Rules 23(a) and 23(b)(2) of the Federal Rules of

4 Civil Procedure. Having reviewed the submitted papers IT IS HEREBY ORDERED as

5 follows:

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1. The numerosity, commonality, typicality, and adequacy requirements of

7 Rule 23(a) are satisfied.

8

2. The requirements of Rule 23(b) are satisfied.

9

3. This action is hereby certified as a class action, with an Inmate Class and

10 Disability Subclass defined below, as to all claims and defenses at issue in the Complaint

11 pursuant to Rules 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure.

12

4. The Inmate Class is defined as: All adults who are now, or in the future will

13 be, incarcerated in the Alameda County Jail.

14

5. The Disability Subclass is defined as: All qualified individuals with a

15 psychiatric disability, as that term is defined in 42 U.S.C. § 12102, 29 U.S.C. § 705(9)(B),

16 and California Government Code § 12926(j) and (m), and who are now, or will be in the

17 future, incarcerated in the Alameda County Jail.

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6. Plaintiffs Babu, Bell, Keegan-Hornesby, Johnson, Jones, Navarro, Serrano,

19 and Washington will serve as representatives of the Inmate Class

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7. Plaintiffs Babu, Bell, Keegan-Hornesby, Johnson, Jones, Navarro, and

21 Washington will serve as representatives of the Disability Subclass

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25 / / /

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27 / / /

28 / / /

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Case No. 5:18-CV-07677

[PROPOSED] ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION

Case 5:18-cv-07677-NC Document 64 Filed 01/21/20 Page 3 of 3

[3472538.1]

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8. Rosen Bien Galvan & Grunfeld LLP is appointed as class counsel to

2 represent the interests of the Inmate Class and Disability Subclass.

UNITED S
ALIFORNIA

URT NORTH

3

IT IS SO ORDERED.

4

5 DATED: ___J_a_n_u_a_ry__21_,_2_0_2_0_____

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TATES DISTRICT CO

Nathanael M. United States

GMCRoauAgsiNsintTrsaEteDJudge

Judge Nathanael M. Cousins ERN DISTRICT OF C

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Case No. 5:18-CV-07677

[PROPOSED] ORDER GRANTING JOINT MOTION FOR CLASS CERTIFICATION