• •

1
PAUL W. COMISKEY (Bar No.

2

2308 J Street

P.O. Box 1019

3

Sacramento, CA 95812-1019

(916) 442-6868

4 RICHARD P. HERMAN (Bar No. 53743

5

24012 Calle de la Plata, suite 330

Laguna Hills, CA 92653

6

(714) 768-3601

7

MICHAEL D. LONG (Bar No. 149475)

2308 Street, suite D

8

P. O. Box 163354

Sacramento, CA 95816-9354

9

(916) 448-1708

10

Attorneys for Plaintiffs

1 1

12

13
IN THE UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

16

JOHN B. CRUZ, JOSEPH Q. KRUKOWSKI, ) RUBEN D. CRUZ, DOUG MURPHY, JOHN )

17

COLE, TIM PENDERGAS, MANUEL BERTAO, ) and all others similarly situated" )

18

Plaintiffs,

)
)

19

vs.

)
) COMPLAINT FOR DECLARATORY

) AND INJUNCTIVE RELIEF

20

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

21

as SHERIFF,

)

)

22

Defendants.

)

23

------~------------------------)

24 JURISDICTION
25 This is a class action brought by the prisoners in the
26

A072 (Rev.8/821

• •

1 Fresno County Jail, South Jail Annex, 2200 Fresno Street, Fresno,
2 both pretrial detainees and sentenced prisoners, to redress the

3 deprivation by defendants, County of Fresno and Sheriff Steve

4 Magarian, of plaintiffs' rights, privileges and immunities arising

5 under the Constitution and laws of the United States and the

6 deprivation under color of law by the individual defendants of

7 these rights (First, Fourth, Fifth, Sixth, Eighth and Fourteenth

8 Amendments of the Constitution of the united States, 42 USC section

9 1983) through overcrowding, by failing to provide beds, lack of

10

exercise, and lack of access to law library. Named plaintiffs DOUG

11

MURPHY, JOSEPH Q. KRUKOWSKI, RUBEN D. CRUZ, JOHN B. CRUZ, JOHN

12

COLE, TIM PENDERGAS, MANUEL BERTAO, and all others similarly

13

situated, are prisoners in the Fresno County Jail who are detained

14

in the Fresno County Jail·in such overcrowded conditions that they

15

are denied a constitutionally adequate place of sleep, including

16

failure to provide a bed to sleep on, access to exercise and access

17

to a law library.

18

Specifically, the conditions in the Jail are grossly

19

overcrowded and inhumane. The jail is .rated for 511, but often has

20

700 inmates and some people are forced to sleep on the floor every

21

day regardless of physical disabilities or illness. At the present

22

time the third and fourth floor of the jail are closed for

23

remodeling. On the remaining first and second floors, prisoners

24

are living in grossly crowded conditions in cells that have bed

25

space for twelve prisoners, although there are frequently twenty

26

prisoners. This means some prisoners have to try to sleep under

A072 IRev.SIS21

• •

1 . the existing bunks and in other parts of the cell including in the
2 dayroom. Even before the remodeling of the jail began, this
3 particular facility was overcrowded with floor sleepers and with
4 the number of prisoners grossly exceeding the jail's design

5 capacity. Plaintiff JOHN CRUZ complains that needed law books are

6 unavailable and they are only allowed one hour per week in the law

7 library. Books indispensable to legal research are not available
8 to the prisoners. Some of the books there are outdated. The
9 prisoners are overcrowded, do not have a place to sit to eat meals,

10

are subjected to excessive noise levels, have difficulty obtaining

11 exercise and have inadequate access to a law library. The roof

12

exercise area that is designed to provide outdoor exercise for the

13

prisoners in the facility .is presently not being used. Prisoners

14

are allowed to go twice a week to a gymnasium on the second floor.

15

This space is too small for the number of prisoners who attempt to

16

use it. It is not equipped for exercise. There are ping pong

17

tables and card tables and a weight machine in this space. In

18

addition to the gymnasium's not being equipped for exercise, the

19

space is also used for religious services by the prisoners and

20

other types of meetings at the same time as it is available to the

21

prisoners for exercise. This results in further restriction of

22

movement. A person would not be able to run in the space or do

23

other kinds of exercise such as play basketball. The two-hour

24

exercise period twice a week is grossly inadequate time for

25

physical exercise that is needed for a person to maintain health.

26

2. The jurisdiction ·of this Court is invoked under 28 USC

AO 72 IRev.8/82J

• •

1
1331, this being an action arising under the Constitution and laws 2
of the United states and under 28 USC 1343, this being an action

3 authorized by law to redress the deprivation under color of the

4
state law, statute, ordinance, regulation, custom and usage of a

5 right, privilege 'and immunity secured to plaintiffs by the First,

6 Fourth, Fifth, sixth, Eighth a~d Fourteenth Amendments of the

7
constitution of the united States.

8 3. Defendant county of Fresno (hereinafter called "County") ,

9 is a unit of local government, duly formed and authorized under the

10

laws of the State of California. As part of its duties, defendant

1 1
County provides local jail facilities, specifically the Fresno

12

County Jail located in the city of Fresno, County of Fresno.

13
Through the Sheriff's Department of the county of Fresno and other

14
county agencies, defendant County also provides supervision to

15

persons in the Fresno county Jail.

16

4. Individual Steve Magarian is the Sheriff of the County

17

of Fresno, responsible for the Fresno county Jail, and its inmates.

18

5. At all times pertinent to this complaint, the named

19

individual defendant was acting under the color of his official

20

capacity and the ordinances and regulations of Fresno County, and

21

the laws of the State of California.

22

6. The named plaintiffs are citizens or persons residing in

23

the United states.

24

7. During all times mentioned herein, the defendants, and

25

each of them, separately and in, concert, acted under color and

26

pretense of law, to wit, under color of the statutes, ordinances,

A072 IR. . . 8/821

1

regulations, customs and usage of the states of California and the

2

County. Each of the defendants herein, separately and in concert,

3

engaged and conspired in the illegal conduct herein-mentioned to

4

the injury of plaintiffs, and deprived the plaintiffs of the

5

rights, privileges and immunities secured to plaintiffs by the

6

First, Fourth, Fifth, Eighth and Fourteenth Amendments to the

7

Constitution of the united sates and the laws of the united states,

8

pursuant to the practice and policy of defendant County.

9

8. At all relevant times, the plaintiffs were prisoners and

10

held in the Fresno County Jail.

11

9. The deprivations suffered by plaintiffs were and are the

12

result of ongoing pattern of conduct and practices of defendants,

13

including defendant County of Fresno and defendant Magarian and

14 unless and until ordered by this court, overcrowded conditions

15 resulting in inadequate sleeping arrangements and causing personal

16 stress for prisoners, lack of personal safety, restricted access

17 to legal materials and necessary services will continue to deprive

18 prisoners of the Fresno County Jails of their constitutional

19 rights.

20

10. The Fresno County Jail South Annex is overcrowded. The

21 overcrowding of the jail has led to constitutional violations,

22 including floor sleeping. These constitutional violations, in

23 particular floor sleeping and chronic overcrowding of the jail, are

24 known to the jail administration, Sheriff and county officials.

25 In particular, problems with overcrowding, understaffing, floor

26 sleeping are documented and reported by the California State Board

A072 IRev.8/821

• •

1 of Corrections which were addressed to the Sheriff and copied to
2 defendant County of Fresno officials. In addition, there is an
3 existing Superior Court order in Fresno that limits the population
4 of the Main Jail to 865 prisoners and it has over 1,100 prisoners
5 in it. The Sheriff and officials of Fresno County have blithely
6 ignored extremely serious and dangerous problems of overcrowding
7 in the Fresno County Jail.

8 Prisoners in pro per have restricted legal access and are
9 unable to do the legal research necessary to their defense.

10

CLASS ACTION ALLEGATIONS

1 1

11. The named plaintiffs are representatives of a class

12

within the meaning of Rule 23(a) and 23(b)(2) of the Federal Rules

13

of civil Procedure.

14

12. The members of the class are so numerous that joinder of

15

all of them is impractical, there being more than 200 prisoners in

16

the Fresno county Jail South Annex at anyone time and up to 700

17

prisoners when the jail is in full operation.

18

13. The members of the class are readily identifiable from

19

the defendants' records.

20

14. There are questions of law and fact common to the class;

21

their class claims predominate over any individual claim.

22

15. The defendants have acted or refused to act on grounds

23

generally applicable to the class by failing to provide

24

constitutionally adequate facilities and hearings.

25

16. The named plaintiffs will fairly and adequately protect

26

the interests of the class, having no other intent herein.

AO 72 \Rov.8/821

• •

1

17. The class consists of all prisoners held in the Fresno

2

county Jail South Annex from February 4, 1993 to the present, and

3

all future prisoners.

4

18. Plaintiffs do not propose notice at this time, consistent

5

with their practice in similar cases.

6

WHEREFORE, plaintiffs pray:

7

For an order and judgment requiring defendants to provide

8

adequate conditions of confinement including a bed for every

9

prisoner, an end to overcrowding, access to legal materials,

10

reasonable exercise time, with adequate facilities for exercise,

11

access to services and places to sit.

12

1. For reaso~able attorneys' fees and costs of suit;

13

3. For such other relief as may be necessary and proper to

14

affect the purposes of this litigation.

15

Dated: February 5, 1993.

16

17

PAUL W. COMISKEY

RICHARD P. HERMAN

18

MICHAEL LONG

Attorneys for Plaintiffs 19

20

21
22 23 24 25

26

A072 tR. . . B/B21

 
 • •

1

PAUL W. COMISKEY (Bar No. 65510)

2

2308 J Street

P.O. Box 1019

3

Sacramento, CA 95812-1019

(916) 442-6868

4 RICHARD P. HE~N (Bar No. 53743)

5

24012 Calle de la Plata, suite 330

Laguna Hills, CA 92653

6

(714) 768-3601

7

MICHAEL D. LONG (Bar No. 149475)

2308 J street, Suite D

8

P. O. Box 163354

sacramento, CA 95816-9354

9

(916) 448-1708

10

Attorneys for Plaintiffs

11

12

13 IN THE UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

16

'JOHN B. CRUZ, "JOSEPH Q. KRUKOWSKI, ) 'RUBEN D. CRUZ,' DOUG MURPHY, "JOHN )

17

COLE,' TIM PENDERGAS,'MANUEL BERTAO, ) ROGER D. HAUSMAN, CHARLES WILCOX, ) NO. F-93-5070 REC JFM

18

REBECCA MONTERO-SALCEDO, ANTHONY SHERWOOD, RICHARD RUIZ, and all

) )

19

others similarly situated,

)
)

20

Plaintiffs,

21

vs.

)
) FIRST AMENDED COMPLAINT ) FOR DECLARATORY ) AND INJUNCTIVE RELIEF

)

22

COUNTY OF FRESNO, STEVE MAGARIAN, )

23

as SHERIFF,

) )

24

Defendants.

)

-----------------------------)

25

26

....072 IRev.81821

", .

•

••

1

2

JURISDICTION

3

1. This is a class action brought by the prisoners in the

4

Fresno County Jail, Main Jail, located at 2200 Fresno street,

5

Fresno, California, the South Jail Annex, 2200 Fresno Street,

6

Fresno, California, including both pretrial detainees and sentenced

7

prisoners, to redress the deprivation by defendants, County of

8

Fresno and Sheriff steve Magarian, of plaintiffs' rights,

9

privileges and immunities arising under the Constitution and laws

10

of the united states and the deprivation under color of law by the

1 1

individual defendants of these rights (First, Fourth, Fifth, Sixth,

12

Eighth and Fourteenth Amendments of the Constitution of the united

13

states, 42 USC section 1983) through overcrowding, by failing to

14

provide beds, lack of exercise, and lack of access to law library.

15

Named plaintiffs DOUG MURPHY, JOSEPH Q. KRUKOWSKI, RUBEN D. CRUZ,

16

JOHN B. CRUZ, JOHN COLE, TIM PENDERGAS, MANUEL BERTAO, ROGER D.

17

HANSMAN, CHARLES WILCOX, REBECCA MONTERO-SALCEDO, ANTHONY SHEWARD,

18

RICHARD RUIZ, and all others similarly situated, are prisoners in

19

the Fresno County Jail who are detained in the Fresno County Jail

in such overcrowded conditions that they are denied a 20
constitutionally adequate place of sleep, including failure to 21
provide a bed to sleep on, access to exercise and access to a law 22
library. 23
Specifically, the conditions in the Jail are grossly 24
overcrowded and inhumane. The South Annex jail is rated for 511, 25

26

2.

A072 (Rev.B/B21

" ,

•

•

1
but often has 700 inmates and some people are forced to sleep on 2
the floor every day regardless of physical disabilities or illness. 3
At the present time the third and fourth floor of the jail are 4
closed for remodeling. On the remaining first and second floors, 5
prisoners are living in grossly overcrowded conditions in cells 6
that have bed space for twelve prisoners, although there are 7
frequently as many as twenty prisoners per cell. There are an 8
unknown number of prisoners sleeping on the floor in the South 9
Annex and of the Fresno county Jail, but there are approximately

10

300 prisoners sleeping on the floor in the Main Jail. This means

11 some prisoners have to try to sleep under the existing bunks and

12 in other parts of the cell including in the dayroom. Even before

13

the remodeling of the jail began, this particular facility was,

14

overcrowded with floor sleepers and with the number of prisoners

15

grossly exceeding the jail's design capacity.

Plaintiff JOHN

16

CRUZ complains that needed law books are unavailable and they are

17

only allowed one hour per week in the law 'library. Books

18

indispensable to legal research are not available'to the prisoners.

19

Some of the books there are outdated.

20

The prisoners are overcrowded, do not have a place to sit to

21

eat meals, are subjected to excessive noise levels, have difficulty

22

obtaining exercise and have inadequate access to a law library.

23

The roof exercise area of the South Annex that is designed to

24 ,provide outdoor exercise for the prisoners in the facility is

25

presently not being used. Prisoners are allowed to go twice a week

26
3.

A072 (llev,8/821

• •

1
to a gymnasium on the second floor. This space is too small for 2
the number of prisoners who attempt to use it. It is not equipped

3 for exercise. There are ping pong tables and card tables and a

4 weight machine in this space. In addition to the gymnasium's not
5 being equipped for exercise, the space is also used for religious

6 services by the prisoners and other types of meetings at the same

7
time as it is available to the prisoners for exercise. This

8 results in further restriction of movement. A person would not be

9 able to run in the space or do other kinds of exercise such as play

10

basketball. The two-hour exercise period twice a week is grossly

1 1

inadequate time for physical exercise that is needed for a person

12
to maintain health.

13

Prisoners in the Main Jail, which consists of six floors are

14

terribly overcrowded. Three hundred prisoners are sleeping on the

15

floor. Lock-down units in which prisoners remain for up to twenty-

16

three and one-half hours per day· have three prisoners in them and

17

two bunks. One bunk is jammed in between the floor between the

18

toilet and the bunk. The larger housing areas in the Main Jail

19

that have fifty bunks have seventy to seventy-five prisoners in

20

them. This is a terribly crowded jail and riotous conditions have

21

occurred as a result of the overcrowding in the Main Jail.

22

2. The jurisdiction of this Court is invoked under 28 USC

23

1331, this being an action arising under the Constitution and laws

24

of the united States and under 28 USC 1343, this being an action

25

authorized by law to redress the deprivation under color of the

26 4.

A072 (Rev.81821

• •

1
state law, statute, ordinance, regulation, custom and usage of a

2 right, privilege and immunity secured to plaintiffs by the First,

3

Fourth, Fifth, Sixth, Eighth and Fourteenth Amendments of the

4
constitution of the united States. 5
3. Defendant county of Fresno (hereinafter called "county") ,

6
is a unit of local government, duly formed and authorized under the

7
laws of the State of California. As part of its duties, defendant

8

county provides local jail facilities, specifically the Fresno

9

county Jail located in the City of Fresno, county of Fresno.

10

Through the Sheriff's Department of the county of Fresno and other

11

county agencies, defendant County also provides supervision to

12

persons in the Fresno county Jail.

13

4. Individual Steve Magarian is the Sheriff of the County

14

of Fresno, responsible for the Fresno County Jail, and its inmates.

15

5. At all times pertinent to this complaint, the named

16

individual defendant was acting under the color of his official

17

capacity and the ordinances and regulations of Fresno County, and

18

the laws of the State of CalifornIa.

19

6. The named plaintiffs are citizens or persons residing in

20

the united States.

21

7. During all times mentioned herein, the defendants, and

22

each of them, separately and in concert, acted under color and

23

pretense of law, to wit, under color of the statutes, ordinances,

24

regulations, customs and usage of the States of California and the

25

County. Each of the defendants herein, separately and in concert,

26

5.

A072 IRav.8/821

• •

1

engaged and conspired in the illegal conduct herein-mentioned to

2

the injury of plaintiffs, and deprived the plaintiffs of the

3

rights, privileges and immunities secured to plaintiffs by the

4

First, Fourth, Fifth, Eighth and Fourteenth Amendments to the

5

constitution of the united Sates and the laws of the united States,

6

pursuant to the practice and policy of defendant County.

7
8. At all relevant times, the plaintiffs were prisoners and

8

held in the Fresno County Jail, including the South Annex and the

9

Main Jail.

10

The deprivations suffered by plaintiffs were and are the

11

result of ongoing pattern of conduct and practices of defendants,

12

including defendant County of Fresno and defendant Magarian and

13

unless and until ordered by this court, overcrowded conditions

14

resulting in inadequate sleeping arrangements and causing personal

15

stress for prisoners, lack of personal safety, restricted access

16

to legal materials and necessary services will continue to deprive

17

prisoners of the Fresno County Jails of their constitutional

18

rights.

19

10. The Fresno County Jail South Annex, North Annex and the

20

Main Jail are overcrowded. The overcrowding of the jails has led

21

to constitutional violations, including floor sleeping. These

22

constitutional violations, in particular floor sleeping and chronic

23

overcrowding of the jail, are known to the jail administration,

24

Sheriff and county officials. In particular, problems with

25 overcrowding, understaffing, floor sleeping are documented and

26

6.

AO 72 (Rev.8/82l

, .

•

•

1
reported by the California state Board of Corrections which were

2 addressed to the Sheriff and copied to defendant County of Fresno

3 officials. In addition, there is an existing Superior Court. order

4 in Fresno that limits the population of the Main Jail to 865

5 prisoners and it has over 1,100 prisoners in it. The Sheriff and

6 officials of Fresno County have blithely ignored extremely serious

7 and dangerous problems of overcrowding in the Fresno County Jail,

8 both in the South Annex and the Mail Jail.

9

Prisoners in pro per have restricted legal access and are

10

unable to do the legal research necessary to their defense.

11

CLASS ACTION ALLEGATIONS

12

11. The named plaintiffs are representatives of a class

13

within the meaning of Rule 23(a) and 23(b)(2) of the Federal Rules

14

of civil Procedure.

15

12. The members of the class are so numerous that joinder of

16

all of them is impractical, there being more than 200 prisoners in

17

the Fresno County Jail South Annex at anyone time and up to 700

18

prisoners when the jail is in full operation. The Main Jail has

19

1,185 beds.

20

13. The members of the class are readily identifiable from

21

the defendants' records.

22

14. There are questions of law and fact common to the class;

23

their class claims predominate over any individual claim.

24

15. The defendants have acted or refused to act on grounds

25

generally applicable to the class by failing to provide

26

7.

A072 (Rev.8/821

• •

1 constitutionally adequate facilities and hearings.

2 16. The named plaintiffs will fairly and adequately protect

3 the interests of the class, having no other intent herein.

4 17. The class consists of all prisoners held in the Fresno

5 county Jail South Annex and Main Jail from February 4, 1993 to the

6 present, and all future prisoners.

7 18. Plaintiffs do not propose notice at this time, consistent

8

with their practice in similar cases.

9

WHEREFORE, plaintiffs pray:

10

1. For an order and judgment requiring defendants to provide

11

adequate conditions of confinement including a bed for every

12

prisoner, an end to overcrowding, access to legal materials,

13

reasonable exercise time, with adequate facilities for exercise,

14

access to services and places to sit.

15

1. For reasonable attorneys' fees and costs of suit;

16

3. For such other relief as may be necessary and proper to

17

affect the purposes of this litigation.

18

Dated: February 17, 1993.

19

20

PAUL W. COMISKEY

RICHARD P. HERMAN

21

MICHAEL LONG

Attorneys for Plaintiffs 22

23
Z4

25

26

8.

A072 \Rev.8/821

 
 •

1
2

PAUL W. COMISKEY (Bar No. 65510) 2308 J Street

MAR2~L-

.~---

,,~

CLERK. U, S, DISTRICT COURT

EASTERN DiSirtiC'j 'J:, r,~"fORNIA

019

3

0Si~Clr;a]neT~O, CA 95812-1019

BY

6ffiJlY CL£Rtl

-6868

P. HERMAN (Bar No. 53743) Calle de la Plata, suite 330 ~~:~~a Hills, CA 92653 768-3601

D. LONG (Bar No. 149475) Street, suite D Box 163354 CA ~r,.rnF'nt.o, 95816-9354
(S16) 14~,IS-.l708
"~ "
for Plaintiffs

11 12 13 14 15 16 17 18 19 20 21
22 23 24 25 26
AO 72 111...,,81821

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

-JOHN B. CRUZ,. JOSEPH Q. KRUKOWSKI, )

_ RUBEN D. CRUZ,.DOUG MURPHY,-JOHN )

COLE, 'TIM PENDERGAS, 'MANUEL BERTAO, )

'ROGER D. HAUSMAN, "CHARLES WILCOX, )

'REBECCA MONTERO-SALCEDO, MTHONY )

SHERWOOD, ~ICHARD RUIZ,' EDWARD

)

CONTRERAS, and all others similarly )

situated,

)

)

Plaintiffs,

)

)

vs.

)

)

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

as SHERIFF,

)

)

Defendants.

)

-----------------------------)

NO. F-93-5070 REC JFM
SECOND AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

I~

•

•

1

2 JURISDICTION
3
1. This is a class action brought by the prisoners in the
4
Fresno county Jail, Main Jail, located at 2200 Fresno street,
5
Fresno, California, the South Jail Annex, 2200 Fresno street,
6
Fresno, California, and the North Annex, including bot~ pretrial
7
detainees and sentenced prisoners, to redress the deprivation by 8
defendants, county of Fresno and Sheriff Steve Magarian, of
9
plaintiffs' rights, privileges and immunities arising under t~e

10
constitution and laws of the united states and the deprivation

11
under color of law by the individual defendants of these rights

12
(First,' Fourth, Fifth, Sixt~, Eighth and Fourteenth Amendments of

13
the Constitution of the United states, 42 USC section 1983) through

14
overcrowding, by failing to provide beds, lack of exercise, and

15

lack of access to law library. Named plaintiffs DOUG MURPHY,

16

JOSEPH Q. KRUKOWSKI, RUBEN D. CRUZ, JOHN B. CRUZ, JOHN COLE, TIM

17

PENDERGAS, MANUEL BERTAO, ROGER D. HANSMAN, CHARLES WILCOX, REBECCA

18

MONTERO-SALCEDO, ANTHONY SHEWARD, RICHARD RUIZ, EDWARD CONTRERAS,

19

and all others similarly situated, are prisoners in the Fresno

20

County Jail who are detained in the Fresno County Jail in such

21

overcrowded conditions that they are denied a constitutionally

22

adequate place of sleep, including failure to provide a bed to

23

sleep on, access to exercise and access to a law library.

24

Specifically, the conditions in the Jail are grossly

25

overcrowded and inhumane. The South Annex jail is rated for 511,

26 2.

A072 IRev.8182l

•

•

1
but often has 700 inmates and some people are forced to sleep on 2
the floor every day regardless of physical disabilities or illness.
3
At the present time the third and fourth floor of the jail are
4
closed for remodeling. On the remaining first and second floors, 5
prisoners are living in grossly overcrowded conditions in cells
6
that have bed space for twelve prisoners, although there are·
7
frequently as many as twenty prisoners per cell. There are an 8
unknown number of prisoners sleeping on the floor in the South 9
Annex and of the Fresno County Jail, but there are approximately

10

300 prisoners sleeping on the floor in the Main Jail. This means

11

some prisoners have to try to sleep under the existing bunks and

12

in other parts of the cell including in the dayroom. Even before

13

the remodeling of the jail began, this particular facility was

14

overcrowded with floor sleepers and with the number of prisoners

15

grossly exceeding the jail's design capacity. The North Annex is

16

has approximately 200 prisoners sleeping on the floor. Plaintiff

17

JOHN CRUZ complains that needed law books are unavailable and they

18

are only allowed one hour per week in the law library. Books

19

indispensable to legal research are not available to the prisoners.

20

Some of the books there are outdated.

21

The prisoners are overcrowded, do not have a place to sit to

22

eat meals, are subjected to excessive noise levels, have difficulty

23

obtaining exercise and have inadequate access to a law library.

24

The roof exercise area of the South Annex that is designed to

25

provide outdoor exercise for the prisoners in the facility is

26
3.

AO 72 IRev.8182)

• •

1
presently not being used. Prisoners are allowed to go twice a week 2
to a gymnasium on the second floor. This space is too small for
3
the number of prisoners who attempt to use it. It is not equipped
4
for exercise. There are ping pong tables and card tables and a 5
weight machine in this space. In addition to the gymnasium's not
6
being equipped for exercise, the space is also used for religious
7
services by the prisoners and other types of meetings at the same

8
time as it is available to the prisoners for exercise. This
9
results in further restriction of movement. A person would not be

10
able to run in the space or do other kinds of exercise such as play

11
basketball. The two-hour exercise period twice a week is grossly

12
inadequate time for physical exercise that is needed for a person

13
to maintain health.

14

Prisoners in the Main Jail, which consists of six floors are

15

terribly overcrowded. Three hundred prisoners are sleeping on the

16

floor. Lock-down units in which prisoners remain for up to twenty-

17

three and one-half hours per day have three prisoners in them and

18

two bunks. One bunk is jammed in between the floor between the

19

toilet and the bunk. The larger housing areas in the Main Jail

20

that have fifty· bunks have seventy to seventy-five prisoners in

21

them. This is a terribly crowded jail and riotous conditions have

22

occurred as a result of the overcrowding in the Main Jail.

23

2. The jurisdiction of this Court is invoked under 28 USC

24

1331, this being an action qrising under the Constitution and laws

25

of the united States and under 28 USC 1343, this being an action

26

4.

A072 (Rev.S/S2)

•

•

1
authorized by law to redress the deprivation under color of the 2
state law, statute, ordinance, regulation, custom and usage of a
3
right, privilege and immunity secured to plaintiffs by the First,
4
Fourth, Fifth, sixth, Eighth and Fourteenth Amendments of the
5
constitution of the United states.
6
3. Defendant county of Fresno (hereina£ter called "County") ,
7
is a unit of local government, duly formed and authorized under the 8
laws of the State of California. As part ·of its duties, defendant

9
County provides local jail facilities, specifically the Fresno

10

county Jail located in the City of Fresno, county of Fresno.

1 1

Through the Sheriff's Department of the County of Fresno and other

12

county agencies, defendant county also provides supervision to

13

persons in the Fresno County Jail.

14

4. Individual steve Magarian is the Sheriff of the county

15

of Fresno, responsible for the Fresno county Jail, and its inmates.

16

5. At all times pertinent to this complaint, the named

17

individual defendant was acting under the color of his official

18

capacity and the ordinances and regulations of Fresno County, and

19

the laws of the state of California.

20

6. The named plaintiffs are citizens or persons residing in

21

the United states.

22

7. During all times mentioned herein, the defendants, and

23

each of them, separately and in concert, acted under color and

24

pretense of law, to wit, under color of the statutes, ordinances,

25

regulations, customs and usage of the States of California and the

26

5.

A072 IRev.8182)

• •

1
County. Each of the defendants herein, separately and in concert, 2
engaged and conspired in the illegal conduct herein-mentioned to
3
the injury of plaintiffs, and deprived the plaintiffs of the
4
rights, privileges and immunities secured to plaintiffs by the
5 First, Fourth, Fifth, Eighth and Fourteenth Amendments to the
6
Constitution of the united sates and the laws of the United states, 7
. pursuant to the practice and policy of defendant County.

8 8. At all relevant times,· the plaintiffs were prisoners and

9
held in the Fresno county Jail, including the South Annex, North

10
Annex and the Main Jail.

11
9. The deprivations suffered by plaintiffs were and are the

12
result of ongoing pattern of conduct and practices of defendants,

13
including defendant County of Fresno and defendant Magarian and

14 unless and until ordered by this court, overcrowded conditions

15
resulting in inadequate sleeping arrangements and causing personal

16

stress for prisoners, lack of personal safety, restricted access

17
to legal materials and necessary services will continue to deprive

18

prisoners of the Fresno County Jails of their constitutional

19

rights.

20

10. The Fresno county Jail South Annex, North Annex and the

21

Main Jail are overcrowded. The overcrowding of the jails has led

22

to constitutional violations, including floor sleeping. These

23

constitutional violations, in particular floor sleeping and chronic

24

overcrowding of the jail, are known to the jail administration,

25

Sheriff and county officials. In particular, problems with

26 6.

AO 72 (Rev.SIS21

• •

1

3
addressed to the Sheriff and copied to defendant County of Fresno
4
officials.
5
Prisoners in pro per have restricted legal access and are
6
unable to do the legal research necessary to their defense.
7
CLASS ACTION ALLEGATIONS 8
11. The named plaintiffs are representatives of a class

9
within the meaning of Rule 23(a) and 23(b)(2) of the Federal Rules

10
of Civil Procedure.

1 1
12. The members of the class are so numerous that joinder of

12
all of them is impractical, there being more than 200 prisoners in

13
the Fresno County Jail South Annex at anyone time and up to 700

14
prisoners when the jail is in full operation. The Main Jail has

15

1,185 beds.

16

13. The members of the class' are readily identifiable from

17

the defendants' records.

18

14. There are questions of law and fact common to the class;

19

their class claims predominate over any individual claim.

20

15. The defendants have acted or refused to act on grounds

21

generally applicable to 'the class by failing to provide

22

constitutionally adequate, facilities and hearings.

23

16. The named plaintiffs will fairly and adequately protect

24

the interests of the.class, having no other intent herein.

25

17. The class consists of all prisoners held in the Fresno

26

7 •

.0.072 tRev.SIS21

• •

1
county Jail South Annex, North Annex and Main Jail from February 2
4,1993 to the present, and· all future prisoners.

3 18. Plaintiffs do not propose notice at this time, consistent
4 with their practice in similar cases.

5 WHEREFORE, plaintiffs pray:
6 1. For an order and judgment requiring defendants to provide
7 adequate conditions of confinement including a bed for every

S prisoner, an end to overcrowding, access to legal materials,
9 reasonable exercise time, with adequate facilities for exercise,

10 access to services and places to sit.

1 1 1. For reasonable attorneys' fees and costs of suit;

12 3. For such other relief as may be necessary and proper to

13

affect the purposes of this litigation.

14

Dated: March 3, 1993.

15

16

COMISKEY

17

P. HERMAN
MICHAEL LONG

1S

Attorneys for Plainti~£s

19

20

21

22

23 24

25

26 8.

A072 IROII.B/B21

 
 "
I
1 2 3 4 5 6 7 8 9 10
11
12
13
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Frnno. Cnlifomil'l
,
l\

•
PHILLIP S. CRONIN, COUNTY COUNSEL J. Wesley Merritt, Chief Deputy #071939 County of Fresno 2220 Tulare Street, Fifth Floor Fresno, CA 93721
Telephone: (209) 488-3479
Attorneys for Defendants COUNTY OF FRESNO, SHERIFF STEVE MAGARIAN

n CLERK, U,S. DISTRICT COURT
EASTERN DISTRICT Of CALifORNIA

BY

DEPUTY CLERK ___~

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

JOHN B. CRUZ, JOSEPH Q. KRUKOWSKI, ) RUBEN D. CRUZ, DOUG MURPHY, JOHN ) COLE, TIM PENDERGAS, MANUEL BERTAO,) ROGER D. HAUSMAN, CHARLES WILCOX, REBECCA MONTERO-SALCEDO, ANTHONY SHERWOOD, RICHARD RUIZ, and all others similarly situated,

5'
No. F-93-~070 REC JFM

Plaintiffs,
v.
COUNTY OF FRESNO, STEVE MAGARIAN, as SHERIFF,

r'\l2,S'
ANSWER TO Se8eHD AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Defendants.

Defendants COUNTY OF FRESNO and FRESNO COUNTY SHERIFF STEVE MAGARIAN answer the Second First Amended Complaint for Declaratory and Injunctive Relief in the above-captioned matter as follows:
1. Answering the allegations of collective paragraphs (1) of the Second Amended Complaint, defendants admit that plaintiffs' action pleads a class action on behalf of inmates in the Fresno County jail system, including the Main Jail, South Annex Jail, and North Annex Jail, to redress alleged deprivation of plaintiffs' rights, privileges and immunities arising under the Constitution

"
1 2 3 4 5 6 7 8 9 10
11
12
13
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Fralno, Callfomill

• •
and laws of the United states and under 42 U.S.C. section 1983. OVERCROWDING ALLEGATIONS
Defendants admit that at times relevant to this action the inmate population in the Fresno County jail system has exceeded available bed space. Defendants deny "overcrowding" in the jail system, and deny any violation of the Constitution or other federal laws.
Defendants admit that the South Annex Jail was originally rated at 511 inmates, but defendants allege that with the installation of additional beds and pursuant to Fresno county Superior Court order in Case Nos. 286040-1, 316580-0, and 3083185, the rated capacity of the South Annex Jail is currently 854 inmates.
Defendants admit that the third and fourth floors of the South Annex Jail are currently being remodeled, and such remodeling necessitated temporarily moving 434 inmates out of the third and fourth floors and into the County's Main Jail and North Annex Jail.
Answering the overcrowding allegations of paragraph 10 of the Second Amended Complaint, defendants again admit that at times relevant to this action the inmate population in the Fresno County jail system has exceeded available bed space. Defendants deny "overcrowding" in the jail system, and deny any violation of the Constitution or other federal laws.
Defendants admit that the California State Board of Corrections regularly documents and reports jail population information in the Fresno county jail system to the Fresno county Sheriff with a copy to County of Fresno officials.
2

••
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO FresllO, Clilifornill

• •
Defendants admit that existing Fresno county Superior Court orders in Case Nos. 286040-1, 316580-0, and 308318-5 limit the population in the South Annex Jail to 854 inmates, and at any time that the average daily population exceeds 854 inmates, the County Sheriff is required to bring the names of inmates in specific categories before the Superior Court for considered release from custody.
All other overcrowding allegations contained in collective paragraphs (1) and paragraph (10) of the Second Amended Complaint are denied except to the extent such allegations are admitted herein. Defendants again deny "overcrowding" in the jail system, and deny any violation of the Constitution or other federal laws.
LAW LIBRARY ALLEGATIONS Defendants admit that the law library policy initially permits an inmate one hour per week access to that facility. Defendants allege that any inmate may request an additional block of time for specific reasons, and additional time may then be provided limited by the number of inmates requesting additional time and the library hours of operation. Defendants allege that the current inventory of books and services in the jail law library is adequate. All other law library allegations contained in collective paragraphs (1) of the Second Amended Complaint are denied except to the extent such allegations are admitted herein. Defendants deny any violation of the Constitution or other federal laws.
INMATE EXERCISE ALLEGATIONS Defendants admit that during the South Annex Jail remodeling project, the rooftop exercise area is not available. Defendants
3

1 2 3 4 5 6
7
8 9 10 11 12 13 14 15
16
17
18
19 20 21 22
23
24 25 26
27
28
COUNTY OF FRESNO F,e.no, Cllilfornia

• •
allege that prior to commencement of remodeling, inmates in the South Annex Jail were allotted weekly one and one-half hours exercise time on the rooftop, and one and one-half hours exercise time in the second floor gymnasium. Defendants allege that during the remodeling, inmates in the South Annex Jail are now being allotted weekly four hours exercise time in the second floor gymnasium in two separate two hour blocks of time. Defendants allege that the second floor gymnasium offers table games, ping pong, and a weight machine.
Defendants deny that the second floor gymnasium is also used for religious services or other types of meetings.
Defendants allege that the exercise schedule and facilities for inmates in the South Annex Jail are adequate.
All other inmate exercise allegations in collective paragraphs (1) of the Second Amended complaint are denied except to the extent such allegations are admitted herein. Defendants deny any violation of the Constitution or other federal laws.
2. Answering the allegations of paragraph (2) of the Second Amended Complaint, defendants admit that plaintiffs action pleads jurisdiction as stated.
3 • Defendants admit the allegations of paragraphs 3, 4, 5 and 8 of the Second Amended Complaint.
4. Answering the allegations of paragraph 6 of the Second Amended complaint, defendants lack sufficient information or belief to either admit or deny such allegations and on that basis defendants deny such allegations of the Second Amended Complaint.
5. Answering the allegations of paragraph 7 of the Second Amended Complaint, defendants deny such allegations save and
4

·~,
1 2 3 4 5
6
7 8
9
10 11 12 13 14 15 16
17
18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Fresno. Cellfornia

•
except that defendants admit that separately and in concert they have acted under color of law in all matters of jail administration. Defendants deny any violation of the Constitution or other federal laws, and defendants deny that plaintiffs have been injured in any manner whatsoever.
6. Defendants deny the allegations of paragraph 9 of the Second Amended Complaint. Defendants deny any violation of the Constitution or other federal laws.
7. Answering the class action allegations of paragraphs 11 through 18 of the Second Amended Complaint, defendants admit such allegations, save and except that defendants deny the allegations of paragraph 15 of the Second Amended Complaint.
FIRST AFFIRMATIVE DEFENSE 8. As a First Affirmative Defense, defendants allege that the Second Amended Complaint fails to state a claim upon which relief can be granted.
SECOND AFFIRMATIVE DEFENSE 9. As a Second Affirmative Defense, defendants allege that federal abstention applies to this action, and this Court should defer to continuing jurisdiction in this matter by the Fresno County Superior Court in Case Nos. 286040-1, 316580-0, and 3083185.
THIRD AFFIRMATIVE DEFENSE 10. As a Third Affirmative Defense, defendants allege that they enjoy absolute and qualified immunity. WHEREFORE, defendants pray for judgment in favor of defendants and for an order that plaintiffs and their attoreys take nothing by this action; and for such other relief as this
5

,

1 2
3
4 5 6 7 8 9 10
11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Flesno, Clllifornia

Court may deem just and proper.

_,-9_, Dated: March

1993

PHILLIP S. CRONIN
c;<~~~

A:Answer.Cruz

By J. WESLEY MERRITT Chief Deputy county Counsel

6

 
 ..
"t
I
1 2 3 4 5 6 7 8 9 10
11
12
13
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO FretJl1o, California

•
PHILLIP S. CRONIN, COUNTY COUNSEL J. Wesley Merritt, Chief Deputy #0719 county of Fresno 2220 Tulare Street, Fifth Floor Fresno, CA 93721
Telephone: (209) 488-3479
Attorneys for Defendants county of Fresno, Sheriff steve Magarian

FILED
l
MAR 15 I9!n !
1--.---,-----J CLERK, U.S. DISTRICT CClJRT EASTERN DISTRICT OF CALifORNIA
BY _ _ _==,=::--

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN B. CRUZ, JOSEPH Q. KRUKOWSKI, )

RUBEN D. CRUZ, DOUG MURPHY, JOHN )

COLE, TIM PENDERGAS, MANUEL BERTAO,)

and all others similarly situated, )

)

Plaintiffs,

)

)

vs.

)

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

as SHERIFF,

)

)

Defendants.

)

)

)

)

NO. F-93-5070 REC JFM
POINTS AND AUTHORITIES IN OPPOSITION TO TEMPORARY RESTRAINING ORDER AND/OR PRELI·MINARY INJUNCTION
Date: March 18, 1993 Time: 9:00 a.m. Courtroom: No. 8

----------------------------)

I. THERE MUST .BE A JUDICIAL POLICY OF RESTRAINT AND DEFERENCE TO JAIL ADMINISTRATORS.

Judicial power may be exercised only on the basis of a

constitutional violation (swann v. Charlotte-Mecklenburg Board

of Education (1971) 402 U.s. 1, 16, [91 S.ct. 1267, 1276], and

must be no broader than necessary (Toussaint v. McCarthy (9th

cir. 1986) 801 F.2d 1080, 1086). The commission of a federal

judge is not a "general assignment to go about doing good."
'ett v. Co.taneda I,th Cir.\,"'I' '" e.,' "', "'.

1

1 2 3
4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Ffesno. Clltifomill

Recently, the Supreme Court has stated the applicable

standard to be applied for sentenced inmates who claim that jail

conditions amount to cruel and unusual punishment under the

Eighth Amendment to the U.S. Constitution. Plaintiffs must

prove first that the inmate has suffered a condition which has

resulted in a constitutionally cognizable level of pain.

Second, plaintiffs must show that the state of mind of jail

administrators giving rise to the condition is one exhibiting

deliberate indifference to the inmate's basic human needs.

wilson v. sieter (1991)

U.S.

[111 S.ct. 2321, 2323-27].

The conditions of confinement for unsentenced inmates are

evaluated under the due process clause of the Fourteenth

Amendment. Redman v. County of San Diego (9th Cir. 1991) 942

F.2d 1435, 1439-43; Bell v. Wolfish (1979) 441 U.S. 520, 535-39,

[99 S.ct. 1861, 1871-74]. However, for reasons similar to those

noted by the Supreme Court in Wilson v. Sieter, supra,

unsentenced inmates must also prove that jail conditions amount

to punishment, and that the punishment results from the

deliberate or reckless indifference to their rights. Redman v.

County of San Diego, supra, 942 F.2d at 1443.

Absent a showing by plaintiffs of such "punishment" and

"deliberate indifference", no constitution violation occurs and

this Court should exercise restraint. As recently reiterated by

the Supreme Court in Hudson v. McMillan (1992)

U.S.

[112 S.ct. 995, 999]. "[p]rison administrators

. should be

accorded wide ranging deference in the adoption and execution of

policies and practices that in their judgment are needed to

preserve internal order and discipline and to maintain

2

1 2
3 4 5 6 7 8 9
10
11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO F,nno, California

• •
institutional security [citation omitted]".
II. "OVERCROWDING" IS NOT PER SE UNCONSTITUTIONAL. Housing more inmates in units than the design capacity, i.e., overcrowding, is not in and of itself unconstitutional. Dohner v. McCarthy (C.D. Cal. 1985) 635 F.Supp. 408, 428. Allegations of overcrowding, without more, do not state a claim under the Eighth Amendment upon which relief can be granted. Akao v. Shimoda (9th Cir. 1987) 832 F.2d 119, 120; also Rhodes v. Chapman (1981) 452 U.S. 337, 101 S.ct. 2392. Defendants in this action have admitted that inmate population exceeds state Board of Corrections design capacity and the actual number of beds available. However, Board of corrections standards do not establish the constitutional minima. See Rhodes v. Chapman, supra, 101 S.ct. at 2400 fn. 13. Rather, it is for the Court to decide whether the level of inmate population constitutes "punishment" resulting from defendants' "deliberate indifference". The declaration of jail Lieutenant Doug Papagni describes the defendants' proposed scheme for adding beds and releasing selected inmates to insure that no inmate is required to sleep on the floor. Generally, a bed is constitutionally required for all inmates. See Stewart v. Gates (C.D. Cal. 1978) 450 F.Supp. 583, 588. Upon this Court permitting the defendants to proceed with triple bunking the North Annex, and releasing inmates in selected criteria, inmates will no longer be required to sleep on the floor, and the downtown jail system should then be within the constitutional minima. The population will continue to
3

1 2 3
4 5
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Frfltoo, CQUfolllio

• •
exceed Board of Corrections rating. However, that is rendered less burdensome on inmates given the average length of stay of only 25.34 days.
III. INMATE EXERCISE IS ADEQUATE. Access to exercise in some form must be provided to inmates. wilson v. Sieter, supra; Spain v. Procunier (9th Cir. 1979) 600 F.2d 189, 199-200; Toussaint v. McCarthy (N.D. Cal. 1984) 597 F.Supp. 1388, 1412. Plaintiffs seek an order of this Court mandating outdoor exercise for inmates. That issue was addressed in Spain v. Procunier, supra, 600 F.2d 189, 199-200. The Court of Appeal affirmed a District Court order that inmates be accorded the right of outdoor exercise one hour per day, five days a week unless inclement weather, unusual circumstances, or disciplinary needs made that impossible. However, that decision must be distinguished on its facts, relating to a facility housing long-term sentenced inmates. The order for outdoor exercise was specifically limited to inmates who were confined to the facility for more than four years, and who were in continuous segregation, spending virtually 24 hours every day in their cells with only meager out-of-cell movements and corridor exercise. By contrast, the average length of stay in defendants' downtown jail system is only 25.34 days. Only some of the inmate population is classified to administrative segregation, spending most of their time confined to a cell. Those inmates enjoy the same exercise privileges as general population inmates, i.e., three hours per week, four hours per week in the
4

1 2 3 4 5
6
7 8
9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Freano, Clililornia

• •
General population inmates enjoy much more freedom outside their cells in common day rooms, lessening the need for a separate regimented exercise period.
In any event, most inmates do enjoy at least one and onehalf hours weekly outdoor exercise time on the roof of the Main Jail. (They receive an additional one and one-half hours weekly in the gymnasium). Those inmates confined in the North Annex use a gymnasium having louvers on the wall which allow ample admission of air from the outside. Inmates confined in the South Annex are temporarily limited to the second floor gymnasium during a remodeling project scheduled for completion in January 1994. To compensate for the loss of rooftop exercise in the South Annex during this period, inmates in that facility are given four hours exercise time per week rather than the usual three hours per week. (Papagni Declaration)
CONCLUSION In order to obtain a temporary restraining order and/or preliminary injunction, plaintiffs must show either (1) a likelihood of success on the merits and the possibility of irreparable injury, or (2) serious legal questions and the balance of the hardships tipping in their favor. Johnson Controls. Inc. v. Phoenix Control systems (9th Cir. 1989) 886 F.2d 1173, 1174; Lopez v. Heckler (9th Cir. 1983) 713 F.2d 1432, 1435. Here, under the "punishment" and "deliberate indifference" standards for judging the constitutionality of jail conditions, the plaintiffs should not be afforded court relief beyond that stipulated to by defendants to relieve overcrowding. Defendants
5

1 2 3 4 5
6 7 8 9 10
11 12
13
14 15 16 17 18 19 20 21 22 23
24
25 26 27
28
COUNTY OF FRESNO Fresno. California

• •
request this Court to grant to plaintiffs only the stipulated relief, i.e., an injunction permitting the triple bunking of the North Annex and ordering the selected release of inmates to insure that no inmate is forced to sleep on the floor.
Respectfully submitted, PHILLIP S. CRONIN
cou;;;;;/?;~
By J. WESLEY MERRITT Chief Deputy County Counsel Attorneys for Defendants County of Fresno and Sheriff Steve Magarian
A:PA·sCruz
6

 
 •

ORIGINAIC---:F~'--
I

I

I

I

UNITED STATES DISTRI

I

EASTERN DISTRICT OF

2

JOHN B. CRUZ, et al.,

)

Case

3

)

Plaintiffs,

) Sacramento, California

4

)

Thursday, May 27, 1993

vs.

)

11:00 A.M.

5

)

COUNTY OF FRESNO, et al., )

6

)

Plaintiffs' motion for preliminary injunction-

Defendants.

)

7

)

8

9

TRANSCRIPT OF PROCEEDINGS

BEFORE THE HONORABLE JOHN-F. MOULDS

10

UNITED STATES MAGISTRATE JUDGE

11 APPEARANCES: 12 For the Plaintiffs:
13
14
15
For County of Fresno:
16
17

PAUL WAYNE COMISKEY Prisoner Rights Union P.O. Box 1019 2308 J Street, suite C Sacramento, CA 95812-1019
(916) 325-2701
JOHN HKGAR Law Office of John Hagar P.O. Box 86935 Los Angeles, CA 90086-0935

18 Court Recorder:
19
20
21
Transcription service:
22
23

CONNIE FARNSWORTH united States District Court Eastern District of California 650 capitol Mall Sacramento, CA 95814
(916) 551-2165

VIARS, Inc. 2001 H Street Sacramento, CA
(916) 448-2457

95814

24
25 Proceedings recorded by electronic sound recording. Transcript produced by transcription service.

OR' G' NAIr~,,-.--::F:-:-:L-' -=D -E--1

• 2

-,
i I
UNITED STATES DISTRIC' :COUR1 JUN - 4 1993

I

EASTERN DISTRICT OF CA I FORlJTIlERK, U,S, DISTRICT ~T
.. --nsn:RN DISTRICT Of CA [

JOHN B. CRUZ, et a 1. ,
3

)

Case N _(' ;i vB'Y -,;F..-.9.-:."trPl};Q1t~

)

Plaintiffs,

) Sacramento, California

4

)

Thursday, May 27, 1993

vs.

)

11:00 A.M.

5

)

COUNTY OF FRESNO, et al., ) Plaintiffs' motion for

6

) preliminary injunction

Defendants.

)

7 --------------------)

8

9

TRANSCRIPT OF PROCEEDINGS

BEFORE THE HONORABLE JOHN F. MOULDS

10

UNITED STATES MAGISTRATE JUDGE

11 APPEARANCES:

12 For the plaintiffs:

PAUL WAYNE COMISKEY

•

13 14

Prisoner Rights Union
P.O. Box 1019 2308 J street, suite C
Sacramento, CA 95812-1019

(916) 325-2701

JOHN HAGAR Law Office of John Hagar
P.O. Box 86935 Los Angeles, CA 90086-0935

CONNIE FARNSWORTH united States District Court Eastern District of California 650 Capitol Mall Sacramento, CA 95814
(916) 551-2165

VIARS, Inc.

2001 H Street

Sacramento, CA 95814

23

(916) 448-2457

24

25 Proceedings recorded by electronic sound recording.

•

Transcript produced by transcription service.

•

I
SACRAMENTO. CALIFORNIA. MAY 27. 1993. 11:00 A.M.

2

3

THE COURT: Good morning, all.

4

MR. HAGAR: Good morning, Your Honor.

5

MR. COMISKEY: Good morning, Your Honor.

6

THE COURT: I hear rumors you want to take up Cruz

7 versus Fresno County first.

8

MR. HAGAR: We would, Your Honor.

9

MR. COMISKEY: It's going to be probably fairly

10 brief, Your Honor.

11

THE COURT: Would those present state their

•

12 appearance, please.

13

MR. COMISKEY: Paul Comiskey appearing for the

14 plaintiffs.

15

MR. HAGAR: John Hagar appearing for the defen-

16 dants, Your Honor.

17

MR. COMISKEY: Your Honor, we have this matter set

18 for a preliminary injunction hearing tomorrow. However, in

19 the interim period we have worked out a stipulation, which I

20 think will result in a preliminary injunction. And we're

21 going to ask that the matter be taken off calendar.

22

And we'd like to just put on the record today the

23 main points of the injunction, and some other concerns. And

24 then we'll follow -- file that stipulation within the next 25 couple days.
•

• • •

2

THE COURT: All right.

2

MR. COMISKEY: Want to go ahead?

3

MR. HAGAR: Yes.

4

THE COURT: Who's going to recite the stipulation?

5

MR. COMISKEY: Mr. Hagar prepared it. I'll let

6 him do it.

7

MR. HAGAR: The stipulation involves three jails,

8 Your Honor. And essentially, what we've agreed to is a

9 permanent injunction in population limit for one of the

10 three jails and a preliminary injunction for the other two.

11

Concerning the Fresno county South Annex Jail and

12 the Main Jail, the defendants are enjoined from bedding

13 inmates on the floor. The defendants are also enjoined from

14 adding beds to the South Annex Jail and the Main Jail during

15 the pendency of this preliminary injunction.

16

The South Annex Jail will temporarily operate two

17 of its four floors, and the preliminary injunction stipula-

18 tion will set forth the exact capacities of each housing

19 unit on those two floors.

20

THE COURT: Have you agreed as to which floors?

21

MR. HAGAR: Yes, Your Honor. The first and second

22 floor. The third and fourth floors are presently being

23 renovated with an expected completion date of approximately

24 January of 1994.

25

And we've agreed that the South Annex Jail shall

•
•
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~
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~
zw~
~
~
~
~
•

5

North Annex Jail at the bed capacities -- essentially,

2 there's six pods, and we will operate each pod at 72 beds,

3 which is essentially identical to the temporary restraining
4 order stipulation entered into by the parties.

5

The defendants will be -- are enjoined from adding

6 beds to the North Annex Jail and are enjoined from bedding

7 inmates on the floor of the North Annex Jail. And the

8 defendants will -- shall also operate the North Annex Jail

9 utilizing five additional correctional officers added to the

10 jail staff as part of the settlement concerning plaintiffs'

11 application for temporary restraining order.

12

THE COURT: Does that mean one additional post?

13

MR. HAGAR: One additional post.

14

The inmates in the North Annex Jail shall also be

15 provided with access to one hour of daily exercise in the

16 North Jail's exercise area. And the stipulation will also 17 contain some provisions that inmates who are out of their 18 housing unit during their scheduled exercise time -- there's 19 not going to be a make-up process, and that inmates that are
20 in discipline for up to ten days will not be provided that

21 recreation.

22

But otherwise, all inmates in the North Annex Jail

23 shall receive one hour of daily exercise. They have, in the
24 North Annex Jail, an indoor/outdoor rec area right next to 25 the housing pods on each floor.

• • •

3

operate at the housing capacities that are set forth in the 2 agreement within the 90 days of your signing of the order. 3 During the interim period, the County is going to modify
4
some large dormitories on the first floor of the South Jail, 5 reduce the capacities of those dormit.ories. And the 90 days 6 is provided to put in new furniture, put in some indoor 7 recreation equipment, etc.

8

We've also stipulated that the parties shall meet

9 and confer and shall report to the Court about the future of

10 the South Annex Jail after Fresno County's fiscal year 1993-

11 94 budget is finalized. The reason we're taking this

12 approach is there's some indication that, because of the

13 budget shortfalls in Fresno County, the South Jail will not b
14 be operated after January of 1994.

15

The Main Jail shall temporarily operate at its

16 existing bed capacity, but during the next several months

17 the County of Fresno will be meeting with the California 18 Board of Corrections in conjunction with a proposed pilot

19 project. This pilot project will involve operating several 20 of the floors of the jail as combination dormitories,

21 double-celled, single-celled units.

22

The Main Jail is a, what I would call a "pod

23 jail," with a central observation terminal, and each of the

24 housing units would be operated somewhat different. We're 25 going to attempt to work out a complete pilot project,

• • •

4

including staffing capacities for each floor of the Main

2 Jail.

3

The -- we anticipate, and the stipulation sets

4 this forth, that we will approach the formal Board of

5 corrections concerning this pilot at their July meeting,

6 1993. During this process, Mr. Comiskey will have input in

7 dealing with the board staff, or with the formal Board of

8 corr~ctions, concerning his suggestions and comments about 9 the pilot process.

10

We will the parties will meet and confer after

11 the completion of the pilot project process and shall

12 thereafter report to the Court concerning the status of the

13 Main Jail. What we're hoping to do is to thereafter reach

14 an according concerning a preliminary -- permanent injunc-

15 tion for the Main Jail at the capacities agreed on with the

16 Board of Corrections.

17

In the interim, a counsel for plaintiffs may

18 inspect the Main Jail and the South Annex Jail concerning

19 compliance with this stipulation, and also counsel will be

20 coming into the facilities with an expert concerning exer-

21 cise and recreation, and we're going to be giving some

22 consideration to that expert's opinions about enhancing the

23 recreation, especially in the South Jail dormitories.

24

We've also agreed and stipulate to the following

25 permanent injunction wherein the defendant shall operate the

• • •

6

The final provision of the stipulation calls 2 for -- the Sheriff of Fresno County shall be authorized by 3 this order to release inmates from the Fresno County Jail 4 system or refuse to accept inmates for booking into the 5 Fresno County Jail system whenever the Fresno County Jail 6 system or any facility therein or any specific housing unit 7 therein reaches 90 percent of capacity. The sheriff shall

8 release inmates or refuse to accept newly committed inmates

9 when the total population of the Fresno County Jail system

10 or any facility therein or any housing unit therein reaches

11 100 percent of capacity.

12

THE COURT: Is there a provision for the selection

13 of inmates to be so released, or is that going to be at the

14 discretion of the sheriff?

15

MR. HAGAR: That shall be at the discretion of the

16 sheriff. It was an earlier issue, and after working with

17 them, we've decided to have the sheriff have that discre-

18 tion.

19

If I could just state for the record, Your Honor,

20 I have personally presented this concept to the Board of

21 Supervisors prior to meeting with Mr. Comiskey, and I

22 received their approval to negotiate this approach. Subse-

23 quent to Paul and I working out the details, the Board of

24 Supervisors approved this stipulation in closed session last

25 week. Sheriff Magarian has also approved this stipulation.

• • •

7

I've also discussed the necessity of population 2 capacities personally with the Presiding Judge of the 3 Superior Court, the Presiding Judge of the Municipal Court, 4 representatives from the Justice Court, on two occasions

5 with the District Attorney, with the Public Defender, and

6 with the Chief Probation Officer. And we believe that the 7 County as an entity understands the consequences of this,

8 and there is no conflict within the County concerning the

9 need for this stipulated preliminary and permanent injunc-

10 tion.

11

THE COURT: And in any event, you are here and

12 still alive.

13

MR. HAGAR: Barely.

14

THE COURT: All right.

15

Mr. Comiskey?

16

MR. COMISKEY: I'd like to add some brief com-

17 ments, Your Honor.

18

The -- as to the South Annex, we are agreeing to

19 these numbers, but we want it to be clear to the defendants

20 that the -- that we have concerns that these numbers may

21 still be too many for the South Annex to operate on a

22 permanent basis.

23

THE COURT: Well, that issue is preserved

24

MR. COMISKEY: We understand that --

25

THE COURT:

to a later time. All right.

• • •

8

MR. HAGAR: Yes.

2

MR. COMISKEY: They are talking about putting in a

3 fair amount of money into some renovations, and I'm just

4 making it clear on the record that that is not necessarily

5 going to be the number that we will ask them to end up with.

6

As to the Main Jail, that -- the board-rated

7 capacity of the Main Jail is 427, which is the number of

8 cells that they have there. Mr. Ray Nelson, who -- was of

9 the opinion that this was quite unrealistic, because those

10 cells are very large. And he was of the opinion that that

11 jail could operate quite acceptably with double-ceIling

12 throughout.

13

And so we have agreed upon this process where

14 we're going to get that Main Jail reviewed by the Board of

15 Corrections with input by Mr. Nelson into whatever the Board

16 of Corrections thinks the number should be there and what

17 they think the number of supervisors should be -- I mean, 18 the supervisory personnel and so forth. We're willing to

19 rely to them, to some extent, to help us come to a number as

20 to what the population in the Main Jail should be.

21

We also have some concerns -- I just want to put

22 this on the record briefly -- about noise in both the South

23 Jail and the Main Jail. The studies that we have received

24 regarding noise show that the noise levels in the Main Jail

25 are considerably above the OSHA decibel ratings. And we

• • •

9

think that some noise renovations are going to be necessary 2 in both the Main Jail and the South Jail in order to get the 3 noise level down to a safe level for the inmates and the 4 staff.

5

I just wanted to put those matters on the record,

6 Your Honor.

7

THE COURT: All right. The -- are the outlines of

8 the stipulated matters set forth by Mr. Hagar stipulated to

9 by plaintiffs?

10

MR. COMISKEY: Yes, Judge. We've had long ses-

11 sions and a lot of time to review this. And we're in

12 agreement with the stipulation.

13

THE COURT: All right. That sounds as if you've

14 all made a substantial amount of progress. I have one

15 procedural question.

16

Mr. Hagar, you've made reference to the orders

17 becoming effective upon my signature.

18

MR. HAGAR: Thank you for reminding me of that,

19 Your Honor. The -- we have a specific provision in that the

20 above orders are effective June 17th, 1993.

21

And what's happening today is that the signed

22 stipulation is on its way back to Mr. Comiskey's office to

23 be Fed Ex'd, and we'd hope to have it to you tomorrow --

24

THE COURT: All right.

25

MR. HAGAR: -- or the next day.

•
• •

10

THE COURT: So I should be seeing this 2 stipulation, at the earliest, by the middle of next week.

3

MR. HAGAR: Yes.

4

MR. COMISKEY: Yes, Your Honor.

5

THE COURT: And is it prepared -- how is it being

6 prepared for Court approval? For my signature, for the

7 district court's signature, or

8

MR. HAGAR: I wasn't involved in the initial phase

9 of the case, Your Honor. But I believe the county and

10 plaintiffs have stipulated to you as the judge for all

11 purposes. So I prepared ~t for your signature.

12

THE COURT: All right.

13

MR. COMISKEY: That is correct.

14

MR. HAGAR: It'll be signed by myself, J. Wesley

15 Merritt, the Assistant County Counsel, and Mr. Comiskey.

16

THE COURT: All right. Sometime soon, then, we

17 need to meet and talk about scheduling, right?

18

MR. HAGAR: Yes. But what we'd prefer, if the

19 Court would agree, would be, perhaps, to meet and talk late

20 July, early August. By then, plaintiffs' exercise individ-

21 ual will have gone through the facility, and we will have

22 completed our discussions with the Board of Corrections,

23 and, to a great extent, I think the population aspects of

24 the case may be taken care of.

25

THE COURT: Well, obviously, you've made a lot of

•
•
6 z
~
zw•
•

11

progress, and I have great hope that you're going to be able

2 to continue to -- in the same vein.

3

MR. COMISKEY: Your Honor, this is a more narrow

4 case than we usually bring. This only involves population

5 and exercise. Those are the two issues that it

6

MR. HAGAR: And noise.

7

MR. COMISKEY: -- and -- yeah. That'd be part of

8 the population.

9

THE COURT: My concern only is that, Mr. Hagar,

10 your clients are anticipating spending a fair amount of

11 money in relatively short period of time. And I'm sure that

12 wouldn't be spent in violation of the Constitution, but it

13 would be a real shame if --

14

MR. HAGAR: Well, let me -- maybe I can clarify

15 what we're trying to do.

16

We have dormitories that are board-rated, say, at

17 20. And today they probably have 70 inmates in those dormi18 tories. We've developed a plan to move the population from

19 20 down to, say, 40, with

20

THE COURT: You mean, from 70 to 40.

21

MR. HAGAR: From -- excuse me. From 70 down to

22 40, and then having a separate area for recreation and

23 providing tables for everyone and some other enhancements.

24 And we are, right now, having acoustic people looking at the

25 ceilings and to look at some of Mr. Comiskey's noise

• • •

12

concerns.

2

It may be that when we're done and the experts

3 have all come in that there's a dispute between the parties

4 and the County will be able to continue to fund the total

5 operation of the facility, we'll come back to you and say,

6 "We need for you to rule. Should it be board-rated or five

7 higher or ten higher or what?"

8

But we feel we need to get down to those numbers

9 right now from an operational point of view.

10

THE COURT: So that you anticipate that -- in the

11 first place, you anticipate this matter is going to be

12 resolved. To the extent that it cannot be resolved, it

13 would appear that this is a matter which could be the

14 subject of trial someplace in the middle of this next fall,

15 basically.

16

MR. HAGAR: Yes. probably late fall. I -- it's

17 hard for me to predict the California state budget. But

18 once we know what they all work out, we should know exactly

19 where we would be. And by then, I believe, the experts will

20 have already have been in, and it will probably down to an 21 issue of day rooms.

22

THE COURT: For my purposes, let's set a date for

23 a scheduling conference, or status conference, so that we do

24 not lose track.

25

Let's go off the record for a minute.

• • •

13

(Off the record.)

2
3 men?
4

THE COURT: August 12th, eleven o'clock, gentleMR. COMISKEY: Very well.

5

MR. HAGAR: Fine, Your Honor.

6

THE COURT: Okay.

7

MR. COMISKEY: Thank you, Judge.

8

THE COURT: One moment.

9

(Pause.)

10

(Off the record discussion.)

11

THE COURT: Mr. Comiskey, I do not find in here

12 a - -

13

MR. COMISKEY: Stipulation?

14

THE COURT:

a consent to proceed before this

15 Court filed by plaintiffs.

16

MR. COMISKEY: If the Clerk will give me one, I'll

17 have one filed tomorrow. I couldn't find mine in my file 18 the other day, either. But I would have sworn that I filed

19 it. And I -- I felt maybe it just hadn't been filed yet.

20

THE COURT: Well, you may have two, but --

21

MR. COMISKEY: Okay. Thanks.

22

THE COURT: Anything further?

23

MR. HAGAR: No, Your Honor.

24

THE COURT: All right. Thank you very much.

25

MR. HAGAR: Thank you, Your Honor.

• • •

14

(Whereupon, the hearing in the above-entitled matter

2 was adjourned.)
3 4

---000---
CERTIFICATE

5

I certify that the foregoing is a true and correct

6 transcript from the record of proceedings in the above-

7 entitled matter.

8

9

June 2, 1993

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24 25

 
 ; -; i ,

,

..

1 PHILLIP S. CRONIN, COUNTY COUNSEL

J. Wesley Merritt, Chief Deputy #071939

2 County of Fresno

~

2220 Tulare street, Fifth Floor 3 Fresno, CA 93721

Fi LED

Telephone: (209) 488-3479

4

JOHN HAGAR #81039

JUL 14 1993

5

LAW OFFICE OF JOHN HAGAR

P.O. Box 86935

6

Los Angeles, CA 90086-0935

-'--Te-'l:ephone: (213) 626-2089
7: I

•

ciAttorneys for Defendants

._'C .. ..---8_- _~~~/TY OF FRESNO, SHERIFF STEVE MAGARIAN

! ~dil~ :~ ; R I
(!J

~-'~i'~ ~~

C _ ~~ ~

Oo=J ~i5~\~ ::£ 1..-...1'"""'.-1j J

~ ~ ~ "'20

f

~.\

'

13

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

'--_ _ _...,..,.....+I-~_J~O_H:..Jt. B. CRUZ, et al.,
14

)

No. F-93-5070 REC JFM

)

Plaintiffs,

)

15
v.
16
COUNTY OF FRESNO, et al.,

)

)

STIPULATION RE PRELIMINARY

)

AND PERMANENT INJUNCTION;

)

ORDER

17

)

Defendants.

)

18

)

19 -------------------------)
The parties hereby agree and stipulate to the following

20 Preliminary Injunction:

21 Defendants shall limit and control the population level

22 within the Fresno county South Annex Jail and Main Jail as

23 follows:

24 1. Defendants are enjoined from bedding inmates on the

25 floor.

26 2. Defendants are enjoined from adding beds to the South

27 Annex Jail and Main Jail during the pendency of this preliminary

28

COUNTY OF ~ESNO ,","no. CalIfornia

1 2 3
4 5 6 7 8 9
10
11
12
13
14 15 16 17 18 19 20 21 22 23 24 25 26 27
COUNTY OF FRESNO Fresno, CatitoriW8
28

injunction.' 3. The South Annex Jail shall temporarily operate two
floors at the housing unit capacities set forth below:

First Floor
Dorm A Dorm B Dorm C Dorm D Dorm E Cell F Cell G
Second Floor
Cell D Cell F Cell G

TOTAL TOTAL

Number of Beds
45 21 54 33
4 20 36
213
Number of Beds
6 24 48
78

TOTAL FLOORS 1 AND 2

=291

4. The South Annex Jail shall operate at the housing unit capacities set forth above within ninety (90) days of the signing of this Order, during which time defendants shall modify the existing dormitories to provide inmates with access to dayroom space, chairs and tables, and wall mounted indoor recreation equipment.

The parties intend by this paragraph to not increase the total number of beds in either the South Annex Jailor Main Jail. This paragraph does not operate to limit the replacement of existing beds as contemplated by the dormitory modifications in the South Annex Jail and the pilot project for the Main Jail discussed in the paragraphs below, nor does this stipulation preclude the Sheriff from closing portions of, or all of, a jail facility due to budget shortfalls in his Department's budget.

2

1 2 3
4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
20
21 22 23
24 25 26 27
COUNTY OF FRESNO "uno. CalIfornia
28

5. The parties shall meet and confer, and shall report to the Court concerning the future of the South Annex Jail after the Fresno County fiscal year 1993/94 budget is finalized.
6. The Main Jail shall temporarily operate at its existing bed capacity. During the pendency of this preliminary injunction defendants shall explore the possibility of a pilot Project in conjunction with California Board of Corrections approval. Defendants anticipate obtaining Board of Corrections approval for this pilot Project at the July meeting of the Board. Counsel for plaintiffs will be provided with pilot documents and may provide suggestions and comments to Board staff during the Pilot Process.
7. The parties shall meet and confer after the completion of the Pilot Project application process, and shall thereafter report to the Court concerning the status of the Main Jail.
8. Counsel for plaintiffs may, at reasonable times upon reasonable notice, inspect the Main Jail and South Annex Jail concerning compliance with this stipulation and concerning the issue of inmate exercise and recreation.
1/1 1/1
III III III III III
3

,
. .

•

1 2
3 4 5 6 7 8 9
10 11 12
13
14 15 16 17 18 19 20 21 22 23 24 25 26 27
COUNTY OF FRESNO
8 Fmno. ClllifomIII 2

The parties hereby agree and stipulate to the following

Permanent Injunction:

9. Defendants shall operate the North Annex Jail at the

bed capacities set forth below:

Second Floor

Number of Beds

Pod A

72

Pod B

72

Pod C

72

Pod D

72

Pod E

72

Pod F

72

TOTAL

432

10. Defendants are enjoined from adding beds to the North

Annex Jail and from bedding inmates on the floor at the North

Annex Jail.

11. Defendants shall operate the North Annex Jail

utilizing the five additional correctional officers added to the

North Annex Jail's staff as part of the settlement concerning

plaintiffs' Application for Temporary Restraining Order.

12. Inmates in the North Annex Jail shall be provided

access to one hour of daily exercise in the North Jail exercise

area. Recreation time outside the housing unit will not be made

up for those inmates who are away from the housing unit at other

activities during the housing unit's regularly scheduled

recreation. Inmates housed in discipline isolation will not be

provided with recreation time during their length of stay in

discipline isolation housing up to a maximum of ten [10]

consecutive days.

III

4

-, ... · .

1
2 3 4 5 6 7 8 9 10
11
12 13 14 15
16
17
18
19
20
21 22
23
24
25 26 27
COUNTY OF FRESNO
Fr••no, CeI,ro,nla 8 2

13. The Sheriff of Fresno County is authorized by this order to release inmates from the Fresno County Jail System or refuse to accept inmates for booking into the Fresno County Jail System whenever the Fresno county Jail System, or any facility therein, or any specific housing unit therein, reaches ninety percent (90%) of capacity. The Sheriff shall release inmates or refuse to accept newly-committed inmates when the total population of the Fresno County Jail System, or any facility therein, or any housing unit therein, reaches one hundred percent (100%) of capacity.
14. In the event that an emergency threatens the Sheriff's ability to comply with these orders, counsel for defendants will notify counsel for plaintiffs no later than the next business day.
15. The above orders are effective June 17, 1993.

XT XS SO STXPULATED:

g , DATED: May I

1993

DATED: May~, 1993

DATED: May~, 1993

ey for Defendants
().I;J~PJ~
~WESLEY MERRITT

5

,

•

1
2 3 4 5 6 7 8 9 10
11
12
13
14 15 16 17 18 19 20 21 22 23 24 25 26
27
COUNTY OF FRESNO
Frano, C.nto,nla28

IT IS SO ORDERED.

it:f DATED:

,I b , 1993

ORDER NORABLE J HN • MOULDS
Chief united States Magistrate Judge Eastern District of California
6

 
 1
PAUL W. COMISKEY (Bar No. 65510)

2

2308 J Street

P.O. Box 1019

3

Sacramento, CA 95812-1019

(916) 442-6868

4 RICHARD P. HERMAN (Bar No. 53743)

5

24012 Calle de la Plata, Suite 330

Laguna Hills, CA 92653

6

(714) 768-3601

7

MICHAEL D. LONG

2308 J street, suite D

8

P. o. Box 163354 Sacramento, CA 95816-9354

9

(916) 448-1708

10

Attorneys for Plaintiffs

• I FILED

I

I,

pj..lG I 0 1993

I

I

CLERK U.S. DISTRICT COURT

I

DEPUTY cui1\

.

11

12

13

IN THE UNITED STATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

16

17

JOHN B. CRUZ, et al. ,

)
) NO. F 93 5070 JFM P

18

Plaintiffs,

19

vs.

20

COUNTY OF FRESNO, et al.,

21

Defendants.

)
) STATUS CONFERENCE REPORT ) OF PLAINTIFF
)
) Date: August 12, 1993 ) Time: 9:00 a.m. ) Courtroom: No. 8
)

)
22

Plaintiffs offer the following Status Conference Report. 23

1. Main Jail 24

Defendants proposed to plaintiffs that a pilot project be 25

26

1.

A072 (Rev.8/821

• •

1
sought through the Board of Corrections to determine the 2
constitutionally appropriate population level of the Main Jail.

3 It was further agreed that plaintiffs' counsel would have informal

4 and formal access to the Board of Corrections and would have access

5 to all documents submitted to the Board of Corrections seeking the

6 pilot project. This was in accordance with the Preliminary

7 Injunction Order of July 12, 1993.

8 Plaintiffs' counsel believes that this is a better option than

9 litigation to determine the constitutionally appropriate population

10

level of the Main Jail.

1 1

Plaintiffs' counsel have sought the advice of their expert,

12

W. Raymond Nelson, who has reviewed the pilot Program submitted to

13

the Board of Corrections. Mr. Nelson is in agreement with the

14

process and believes that the operation of the Main Jail in

15

accordance with the pilot project would be constitutionally

16

acceptable.

17

2. south Annex

18

Plaintiffs' counsel delayed asking the Court for a Preliminary

19

Injunction limiting the population of the South Annex to the Board-

20

rated capacity while a remodeling project was done that would

21

possibly permit some variation on the Board-rated capacity. The

22

last time plaintiffs' counsel inspected the South Annex, they

23

concluded that the population levels in that facility are not

24

acceptable. At present there is a question as to whether Fresno

25

County will continue to operate the South Annex. Should Fresno

26
2.

AO 72 (Roy.8/821

• •

1

county decide it is not financially viable to operate this facility

2

and close it, the issues relating to that facility would become

3

moot.

4

On the other hand, plaintiffs' counsel do not believe that

5

conditions in that facility should continue. It is a dismal place,

6

shocking to the conscience, and although the improvements have been

7

of some help, it continues to fall far below the standards that

8

plaintiffs' counsel find acceptable.

9

Accordingly, plaintiffs' counsel intend to move within the

10

next month or two for a Preliminary Injunction asking the Court to

1 1

order that the South Annex operate in its Board-rated capacity.

12

Should plaintiffs' counsel receive definite notification that the

13

South Annex will be closed by a date certain, then the filing of

14

a Motion for Preliminary Injunction will not be necessary.

15

Plaintiffs counsel, however, have determined that it is better to

16

ask for the Preliminary Injunction now rather than wait for such

17

uncertain events as the failure of a sales tax ballot proposal and

18

whatever subsequent actions the County of Fresno would take to

19

accommodate the losses of hoped for revenue.

20

Dated: August 10, 199 .

21

aul W. Comiskey

22

Attorneys for Plaintiffs

23

24

25

26

3.

AO 72 IRev.8/821

..

•

•

j

1
DECLARATION OF SERVICE BY MAIL

2 I declare that I am over the age of eighteen years and not a

3 party to the within cause; my business address is 2308 J street,

4
Sacramento, California.

5

On the date reflected below I served the attached

6

STATUS CONFERENCE REPORT OF PLAINTIFF

7

on all parties in said cause, by sending via facsimile a true copy

B
thereof as follows:

9
Wes Merritt

10

Deputy County Counsel county of Fresno

1 1

2220 Tulare street, suite 500 Fresno, CA 93721

12

I declare under penalty of perjury that the foregoing is true

13

and correct.

Executed on August 10, 1993 at Sacramento,

14

California.

15

16

17

18

19

20 21

22 23

24 25

26

A072 (Rev.8/821

 
 "

1

PHILLIP S. CRONIN, COUNTY COUNSEL

J. wesley Merritt, Chief Deputy #0.71939

2

county of Fre.sno

2220 Tulare Street, Fif.th Floor

3

Fresno, CA 93721

Telephone: (209) 488-3479

4

JOHN HAGAR #81039

5 LAW OFFICE OF JOHN HAGAR

P.O. Box 86935

6

Los Angeles, CA 90086-0935

Telephone: (213) 626-2089

7
OOGE:' ' r--;--a:fr~~~~~~~~S~:~fendants SHERIFF STEVE MAGARIAN

FILED
NOV 2 1993
CLERK U S OISlHlCl COURT [ASTERN' DISTRICT OF CALIFORNIA 8y---------~O-~,P~UT7yc~·L~Er"

2 I I9li

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

14 15 16 17 18 19 20 21 22 23 24 25 26 27
COUNTY Fresno,

JOHN B. CRUZ, et al., Plaintiffs,
v.
COUNTY OF FRESNO, et al., Defendants.

) 'No. F-93-5070 JFM [PJ

)

)

)

)

STIPULATION RE PERMANENT

)

INJUNCTION; ORDER

)

)

)

)

------------------------)

The parties hereby agree and stipulate to the following

Permanent Injunction:

Defendants shall limit and control the population level

within the Fresno County Main Jail as follows:

1. Defendants are enjoined from bedding inmates on the

floor in the Main Jail.

2. Defendants shall operate the Main Jail under the Pilot

Project approved by the California Board of Corrections with

1
33

•

1 sixteen "general population" housing pods which are triple

2 bunked [768 beds) and operated as dormitories; eight "special

3 handling" pods which are double bunked [256 beds) with special

4 handling inmates having controlled dayroom access; and forty

5 "administrative segregation" cells which will be operated for

6 single occupancy housing [40 beds).

7

3. Defendants shall implement the transition to the

8 housing configurations set forth in paragraph 2 under the time

9 phased "Pilot project Staffing and Capital project Transition

10 Plan" set forth in Exhibit A which is incorporated by reference

11 into this stipulation. specifically, this Transition Plan

12 establishes the timing of the addition of staff [seven

13 Correctional Sergeants, seventeen Correctional Officers, and one

14 Office Assistant); the addition of one shower in each general

15 population housing pod; the addition of isometric exercise

16 equipment, etc.

17

4. Defendants shall implement their plan to reduce the

18 noise levels in the Main Jail by providing acoustical treatment

19 for the ceilings of the Main Jail as set forth in the Transition

20 Plan.

21

5. Plaintiffs' counsel Paul Comiskey shall be provided

22 reasonable access to the Main Jail during the Pilot project

23 period to monitor the transition as described above. Defendants

24 shall provide Paul Comiskey with copies of those reports 25 required by the Board of Corrections during the pilot period.

26

COUNTY OF

NO

Fresno,2 a 'fornia

2

28

•

1

Should for any reason the Board of Corrections disapprove the

2

pilot Project, or recommend modifications of the operation of

3

the Main Jail during the pilot period, defendants shall notify

4

plaintiffs' counsel in writing within ten [10) days of receiving

5

such notification from the Board of Corrections. In the event

6

of disapproval or modification of the Pilot Project during the

7

pilot period, either party may seek to change the terms of this

8

injunction pursuant to the standards set forth in Rufo v.

9

Inmates of Suffolk County Jail, ___ u.S. ___ , 112 S.ct. 748

10

(1992) •

11

6. In the event that an emergency threatens the Sheriff's

12

ability to comply with these orders, counsel for defendants will

13

notify counsel for plaintiffs no later than the next business

14

day.

15

7. At this time the parties reserve for trial the issues

16

of adequacy of exercise and law library access.

17

18

IT IS SO STIPULATED:

19

20

DATED:

21

22 DATED:
23

24

25

DATED:

26
COUNTY OF I': Fresno,2ea

NO fornia

28

September 17 , 1993
OuD I~
~e~tember _____ , 1993
Ouill
sesepDtt~e~ftt~e~e~~- _____ , 1993

JOHN HAG R Attorne for Defendants
aPw~s~$.~#
~ney GDefendants
PAUL COMISKEY
3

1

Attorney for Plaintiffs

2

3 ORDER
4

5

IT IS SO ORDERED.

6

7 DATED: October ;?~, 1993__~~;;~~~~~~~;';~~_____

NORABLE JOHN F. MOULDS

8

Chief United States

Magistrate Judge

9

Eastern District of California

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

COUJITY OF

NO

Fresno,2 a 'fomia

4

28

EXHIBIT A.

----------.CIoiuf2n~tIy=Po-'-f'-i=8.Rtl=.e.=.~.~.~. I. ~-------I-n--t e--r-~ --------M--e--m--o-

DATE:

September 15, 1993

TO:

Captain T. Gattie

FROM:

Lt. D. Papagni

SUBJECT:

Pilot Project Staffing and Capital Project Transition Plan (Revised 9-14-93)

CAPITAL PROJECT

It will be necessary to vacate an entire housing floor of the Main Jail to install new showers in each pod and apply the acoustic material to the ceiling. This will require the relocation of 250 inmates for approximately six months.

This can be accomplished by moving the female inmates from the 6th floor of the Main Jail to the 3rd floor of the South Annex Jail. The showers and acoustics would be installed simultaneously on the 6th floor. When complete inmates from the 5th floor would be relocated to the 6th and so forth until the project was complete.

Relocation of an entire floor is felt to be the best alternative for three reasons;

1. Construction could be accomplished without security concerns of a partially occupied housing area.

2. Construction would be quicker and more efficient.

3. This plan would not require any additional staff, or the release of inmates.

The Main Jail project cannot begin until the asbestos removal is complete on the 3rd floor of the South Annex Jail. Estimates are the asbestos removal will not begin until October of this year and fully completed until January of 94. I suggest that the project be done in phases (3rd floor phase I and the 4th floor phase II). This .will allow for earlier occupation of the 3rd floor.

FC·15 (1.'82)

STAFFINGIRENOVATION TRANSITION PLAN
The pilot project requires the addition of 17 Correctional Officers 7 Correctional Sergeants and 1 Office Assistan t.
The following represents the phased plan by which the Jail Division would commit to perform the functions and assign adequate staffing. Vacancies will be filled via the normal hiring and promotion process. Until which time the newly created vacancies are filled, vacant positions and staff shortages will be covered by current staff and on overtime.
*August 30, 1993; Board of Corrections to conduct full inspection of the following
facilities;
1. Main Jail
2. South Annex
3. North Annex 4. Satellite Jail
5. Branch Jail
Confiirm data collection format with BOC.
Begin data collection.
*October/l, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following;
Population Management Team One (1) Correctional Sergeant Four (4) Correctional Officers One (1) Office Assistant The Sheriff's Jail Division shall fill all Population Management Team Positions
Supervision Seven (7) Correctional Officers Watch I Six (6) Correctional Sergeants Asbestos removal 3rd Floor South Annex Jail Complete Vacate 6th Floor Main Jail! transfer inmates to 3rd Floor South Annex Begin Phase" A" renovations; installation of showers and acoustics on 6th Floor Main Jail

* November 16, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following:
Meal Break Relief Three (3) Correctional Officers Watch I Three (3) Correctional Officers Watch III
*December 1, 1993
Phase" A" renovation of 6th Floor Main Jail complete Relocate inmates from 5th Floor Main Jail to 6th Floor Main Jail Phase" A" Pilot Project begins on 6th Floor Main Jail (cap. 266 inmates) Fill additional fixed post on 6th Floor Main Jail Watch I (2) Correctional Officers Fill additional fixed post meal relief officers on Watch I and Watch III (6) Correctional Officers Fill additional Supervisory positions on Watch I (2) Correctional Sergeants Begin Phase "B" renovations; installation of showers and acoustics on 5th Floor Main Jail
*January 15, 1993
Board of Corrections to conduct an on site facilities inspections and monitor Pilot Project Progress.
*February 1, 1994
Phase "B" renovation of 5th Floor Main Jail complete Relocate inmates from 4th Floor Main Jail to 5th Floor Main Jail Phase "B" Pilot Project begins on 5th Floor Main Jail (cap. 266 inmates) Fill additional fixed post on 5th Floor Main Jail Watch I (2) Correctional Officers Fill additional Supervisory positions on Watch II (2) Correctional Sergeants Begin Phase "C" renovations; installation of showers and acoustics on 4th Floor Main Jail

*Aprill, 1994
Phase "C"renovation of 4th Floor Main Jail complete Relocate inmates from 3rd Floor Main Jail to 4th Floor Main Jail Phase "C" Pilot Project begins on 4th Floor Main Jail (cap. 266 inmates) Fill additional fixed post on 4th Floor Main Jail Watch I (2) Correctional Officers Fill additional Supervisory positions on Watch III (2) Correctional Sergeants Begin Phase "0" renovations; installation of showers and acoustics on 3rd Floor Main Jail Board of Corrections to conduct an on site facilities inspections and monitor Pilot Project Progress.
*June 1, 1994
Phase "0" renovation of 3rd Floor Main Jail complete Relocate inmates from 3rd Floor South Annex to 6th Floor Main Jail Phase "0" Pilot Project begins on 3rd Floor Main Jail (cap. 266 inmates) Fill additional fixed post on 3rd Floor Main Jail Watch I (1) Correctional Officer Pilot Project in full effect, facility capacity 1064, begin monitoring and reporting to BOC
*June 15, 1994
Board of Corrections to conduct an on site facilities inspections and monitor Pilot Project Progress.
*July 1, 1994
NIC (National Institute of Corrections) to be contacted to begin the applications process for Main Jail Staffing Study. '
Present status report to Board of Corrections on progress of the pilot project.

 
 ,, '",
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
21
22 23 24 25 26 27 28
COUNTY OF FRESNO F,..no. California

•
PHILLIP S. CRONIN, COUNTY COUNSEL J. Wesley M~rritt, Chief Deputy #07 County of Fresno 2220 .Tulare street, Fifth .Floor Fresno, CA 93721 Telephone: (2 09) 488-3479
JOHN HAGAR, Esq. LAW OFFICE OF JOHN HAGAR P.O. Box 86935 Los Angeles, CA 90086-0935 Telephone: (213) 626-2089
Attorneys for Defendants COUNTY OF FRESNO, SHERIFF STEVE MAGARIAN

FILED

I

r

NOV 10 1993

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN B. CRUZ, et al.,
Plaintiffs,
v.
COUNTY OF FRESNO, et al., Defendants.

) No. F-93-5070 REC JFM

)

)

)

) JOINT STATUS REPORT

)

)

)

Date: November 18, 1993

)

Time: 11 a.m.

)

Courtroom: The Honorable

)

John Moulds

-----------------------)

The parties have met and conferred and set forth below a

joint status report for the status conference of November 18,

1993.

The parties have now resolved the issue of the popUlation

capacity for the Main Jail and have filed with the Court a

stipulation and proposed order. The county has begun complying

with the terms of that stipulation and with the terms of the

Board of Corrections' pilot Project.

I

~

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

COUNTY OF FRESNO Flllno, Callforr".

. ,

•

since their last appearance in Court counsel for the parties have met and, conferred "on Npvember 1;. 199,3' a.nd Nov,embe,r 9, 1993. Plaintiffs' experts Ray Nelson and;' Dr. Bernauer have again inspected various portions of the Jail. Counsel for plaintiffs has inspected the law library and the South Annex. The County has made the decision to operate all floors of the South Annex after the anticipated completion of construction in January 1994.
The following issues remain for trial: A. Recreation in the Main Jail Plaintiffs' expert, Dr. Ed Bernauer, has made an extensive study of the exercise needs of the inmates at the Main Jail and the available facilities to meet those needs. Defendants have extended full cooperation in the development of an exercise plan. Dr. Bernauer 'will have a completed proposal for exercise for the inmates by December 1, 1993. It is hoped that this issue can be resolved by negotiation. B. Recreation in the South Annex Jail Exercise in the South Annex Jail continues to be a problematic issue. Plaintiffs intend to give full attention to this issue after resolution of exercise in the Main Jail. C. Population Capacity for the South Annex Jail The population in the dormitories exceeds Board of Corrections rated capacity. Physical improvements and reduced population have improved the situation. The parties are continuing to discuss the issue to see if appropriate population numbers can be agreed upon.

2

---..,
J
1 2
3
4 5 6 7 8 9 10
11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO F....no. CalIfornia

• •
D. Law Library Access The· Law 'Library inventory is adequate; and the sta:ff librarians are knowledgeable arid helpful. There is a liberal policy of providing inmates with handouts and forms to deal with common legal problems. Plaintiffs' concern with the Law Library involves the amount of access time provided to inmates. It is hoped that this issue can be resolved by negotiation. The parties believe that these issues can be resolved. However, the parties. propose establishing a discovery cut off date and pretrial date at this time. The issues for trial will be limited to those above if they are not resolved.

9 DATED: November

I 1993

DATED: November ~, 1993

J.~2~ Attorney for Defendants
PAUL COMISKEY Attorney for Plaintiff

A:Cruz.loinlStatusRcpt
3

 
 /1

•

•

1 PHILLIP S. CRONIN, COUNTY COUNSEL

J. Wesley Merritt, Chief Deputy #071939

2 county of Fresno

2220 Tulare Street, Fifth Floor

3 Fresno, CA 93721

Telephone: (209) 488-3479

4 JOHN HAGAR #81039

FILED

5

LAW OFFICE OF JOHN HAGAR

P.O. Box 86935

6

LOs Angeles, CA 90086-0935

FE.B 25 193·1

Telephone: (213) 626-2089

CLERK, U. S. DISTRICT COURT

7

EASTERN DISTRICT OF CALIfORNIA

or efendants

C','

DEPUTY \:1 ; -

ES 0, SHERIFF STEVE MAGARIAN

J' J:vV'
(~ -

"

J

JACK c A ER, CLERK, U,S. DISTRICT CaUR:
EASTE NDISTRICT Of CAliFOR I 1 IlY -!r-D;=EP;;U,T;Y-;C::L-E=RK::---!JI'VL?-

I~N THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

13
JOHN B.
14 Plaintiffs,
15
v.
16 COUNTY OF FRESNO, et al.,
17 Defendants.
18

)

No. F-93-5070 JFM [P]

)

)

)

)

STIPULATION RE PERMANENT

)

INJUNCTION; ORDER

)

)

)

)

19 ------------------------)
The parties hereby agree and stipulate to the following
20 Permanent Injunction:
21 1. The parties stipulate that this litigation is a class

22
action as defined by Rule 23 of the Federal Rules of Civil
23 procedure.
24 2. Defendants shall limit and control the population level
25 within the Fresno County Jails as follows:
26
/ / /
27

COUNTY OF2 NO
Fresno, California

•

•

•

1

A. Defendants are enjoined from bedding inmates on the

2 floor.

3

NORTH ANNEX JAIL

4

B. Defendants shall operate the North Annex Jail at the

5

bed capacities set forth below:

6

Second Floor

Number of Beds

7

Pod A

72

Pod B

72

8

Pod C

72

Pod D

72

9

Pod E

72

Pod F

72

10

TOTAL

432

11
C. Defendants shall operate the North Annex Jail utilizing

12 the five additional correctional officers added to the North

13 Annex Jail's staff as part of the settlement concerning

14 plaintiffs' Application for Temporary Restraining Order.

15 D. Inmates in the North Annex Jail shall be provided

16 access to one hour of daily exercise in the North Jail exercise

17 area. Recreation time outside the housing unit will not be made

18 up for those inmates who are away from the housing unit at other

19 activities during the housing unit's regularly scheduled

20
recreation. Inmates housed in discipline isolation will not be

21 provided with recreation time during their length of stay in

22 discipline isolation housing up to a maximum of ten [10]

23 consecutive days.

24

/ / /
25

/ / /
26

COUNTY OF ~ NO Fresno,2 a 'farnis 2
28

• •

1

MAIN JAIL

2

E. Defendants shall operate the Main Jail under the pilot

3 Project approved by the California Board of Corrections with

4 sixteen "general population" housing pods which are triple

5 bunked [768 beds] and operated as dormitories; eight "special

6 handling" pods which are double bunked [256 beds] with special

7 handling inmates having controlled dayroom access; and forty

8 "administrative segregation" cells which will be operated for

9 single occupancy housing [40 beds].

10

F. Defendants shall implement the transition to the

11 housing configurations set forth in paragraph E above under the

12 time phased "pilot Project Staffing and capital project

13 Transition Plan" previously filed with the Court as Exhibit A in

14 the Stipulation approved by the Court on October 29, 1993.

15 Specifically, this Transition Plan establishes the timing of the

16 addition of staff [seven Correctional Sergeants, seventeen

17 Correctional Officers, and one Office Assistant]; the addition

18 of one shower in each general population housing pod; the

19 addition of isometric exercise equipment, etc.

20

G. Defendants shall implement their plan to reduce the

21 noise levels in the Main Jail by providing acoustical treatment

22

for the ceilings of the Main Jail as set forth in the Transition

23 Plan.

24

H. Plaintiffs' counsel Paul Comiskey shall be provided

25 reasonable access to the Main Jail during the pilot Project

26
COUNTY OF E NO
Fresno,2~a 'fornia 3
28

t

•

•

1 period to monitor the transition as described above. Defendants

2 shall provide Paul Comiskey with copies of those reports

3 required by the Board of Corrections during the pilot period.

4 Should for any reason the Board of Corrections disapprove the

5 pilot Project, or recommend modifications of the operation of

6 the Main Jail during the pilot period, defendants shall notify

7 plaintiffs' counsel in writing within ten [10) days of receiving

8 such notification from the Board of Corrections. In the event

9 of disapproval or modification of the pilot Project during the

10 pilot period, either party may seek to change the terms of this

11 injunction pursuant to the standards set forth in Rufo v.

12 Inmates of Suffolk County Jail, ___ U.S. ___ , 112 S.ct. 748

13

(1992).

14

I. Inmates housed in the Main Jail shall be offered the

15 opportunity to receive recreation as follows:

16

1. Inmates housed in general population units shall

17 be provided with the opportunity for twenty [20) hours of

18 recreation outside their housing unit each month. These

19 recreation opportunities shall include at least 1.5 hours of

20 roof recreation each week. In addition, general population

21 inmates will receive the opportunity to participate in at least

22 eight indoor recreation sessions outside their housing unit each

23

month. 1

24

25

1 General population inmates are currently housed in pods

26

C, D, E, and F on each Main Jail floor.

COUNTY OF t NO
Fresno,2Ca 'farnia 4
28

• •

1

2. Inmates housed in Administrative Segregation and

2 Special Housing units shall receive twelve [12] hours of

3 recreation each month outside their housing unit each month in

4 addition to dayroom access as appropriate for administrative

5

segregation and special housing inmates. 2

6

3. Recreation time outside the housing unit will not

7 be made up for those inmates who are away from the housing unit

8 at other activities during the housing unit's regularly

9 scheduled recreation. Inmates housed in discipline isolation

10 will not be provided with recreation time during their length of

11 stay in discipline isolation housing up to a maximum of ten [10]

12 consecutive days.

13

4. The provisions for Main Jail recreation outside

14 the housing unit shall begin after the completion of the

15 renovations required by the Board of Corrections pilot Project

16 as set forth in the aforementioned Transition Plan;3

17

5. Defendants shall make available to the Sheriff's

18 Department jail recreation specialists the "Recommendations and

19 Suggestions" of Dr. Edward Bernauer dated December 31, 1993.

20 Defendants shall retain, evaluate, and consider implementing

21 those suggestions that they deem reasonable and useful,

22 reserving the right to implement none of those suggestions.

23

2 Administrative segregation and special housing inmates

24

are currently housed in units A, B, and FF on each floor.

25

3 Defendants anticipate those renovations to be completed

26

by July 1, 1994.

COUNTY OF t NO
Fresno,2Ca 'farDia 5
28

•

1

SOUTH ANNEX JAIL

2

J. Defendants shall operate the South Annex Jail at the

3

following capacities:

4

SAJ 1 A [DORM) 45 beds

5

SAJ 1 B [DORM) 15 beds

6

SAJ 1 C [DORM) 45 beds

7

SAJ 1 D [ DORM) 20 beds

8

SAJ 1 E [DORM) 6 beds 4

9

SAJ 1 F

20 beds

10

SAJ 1 G

36 beds

11

SAJ 2 D

6 beds

12

SAJ 2 F

24 beds

13

SAJ 2 G

48 beds

14

SAJ 3 A

24 beds

15

SAJ 3 B

24 beds

16

SAJ 3 C

43 beds

17

SAJ 3 D

43 beds

18

SAJ 3 F

24 beds

19

SAJ 3 G

48 beds

20

SAJ 4 A

50 beds

21

SAJ 4 B

8 beds

22

SAJ 4 C

50 beds

23

SAJ 4 D

32 beds

24

25

4 The agreed upon population for each South Annex Jail dormitory is 140% of said dormitory's Board of corrections "rated

26

capacity."

COUNTY OF ~ NO
FresDo,2 a . farnia
6 28

.- ...

"-

~

, " "--

',"
....~.

-f

•

•

1

SAJ 4 F

32 beds

2

SAJ 4 G

32 beds

3

K. The above referenced dormitories shall be offered the

4 opportunity to receive 30 hours of recreation per month in

5 either the South Annex Jail's indoor or outdoor recreation

6 areas. All other housing units in the South Annex Jail shall be

7 offered the opportunity to receive 20 hours of recreation per

8 month in either the South Annex Jail's indoor or outdoor

9 recreation areas. Recreation time outside the housing unit will

10 not be made up for those inmates who are away from the housing

11 unit at other activities during the housing unit's regularly

12 scheduled recreation. Inmates housed in discipline isolation

13 will not be provided with recreation time during their length of

14 stay in discipline isolation housing up to a maximum of ten [10]

15 consecutive days.

16

L. The provision for South Annex Jail exercise outside

17 the housing unit shall begin when the Fresno Superior Court

18 reopens and vacates the recreation and exercise orders set forth

19 in Lynn Po lard et al, v. Harold MCKinney, Case No. 227358-9,

20 dated July 7, 1978; Paul Daniels et al, v. Harold McKinney, Case

21 No. 259869-6, dated January 30, 1981; In re Richard Morgan, Case

22 Nos. 281302-0, 281438-2, 284164-1, dated January 17, 1983; In re

23

Richard Morgan, Case Nos. 308318~5, 316580-0, dated March 27,

24 1985; In re Steven Ransbury. et al., Case Nos 286040-1, 285427-

25 1, 289487-1, dated April 29, 1985. Counsel for plaintiffs shall

26
COUNTY OF t NO
Fresno,2ca 'fornia 7
28

• •

1 cooperate with counsel for defendants in filing and appearing in

2 court, if necessary concerning the County's motion to reopen and

3 vacate those orders.

4

3. The Sheriff of Fresno County is authorized by this

5 order to release inmates from the Fresno County Jail System or

6 refuse to accept inmates for booking into the Fresno County Jail

7 System whenever the Fresno county Jail System, or any facility

8 therein, or any specific housing unit therein, reaches ninety

9 percent [90%) of capacity. The Sheriff shall release inmates or

10 refuse to accept newly-committed inmates when the total

11 population of the Fresno County Jail System, or any facility

12 therein, or any housing unit therein, reaches one hundred

13 percent (100%) of capacity.

14

4. Either party may seek to change the terms of this

15 injunction pursuant to the standards set forth in Rufo v.

16 Inmates of Suffolk County Jail, ___ u.S. ___ , 112 S.ct. 748

17

(1992).

18

5. In the event that an emergency threatens the Sheriff's

19 ability to comply with these orders, counsel for defendants will

20 notify counsel for plaintiffs no later than the next business

21 day.

22

6. Defendants shall pay to plaintiffs' counsel Paul

23

Comiskey attorney fees in the amount of $33,000.00 at the time

24 of the filing of the Final Judgement.

25

7. The parties stipulate that the Honorable Gregory

26
COUNTY OF ~ NO Fresno,2Ca 'fornia 8
28

• •

1 Hollows be the judge for all purposes concerning the fairness

2 hearing and Final Judgement in this case.

3

4

IT IS SO STIPULATED:

5

6

DATED: January ;1. ~ , 1994

7

Defendants

8

---- DATED: February J , 1994

9

10

11

__ , DATED: February _y~

1994

12

J. WESLEY MERRITT Attorney for Defendants
PAUL COMISKEY Attorney for Plainti

13

14

* * * *

ORDER

15

16

IT IS SO ORDERED.

17

18

DATED: February ~]', 1994

19

20

21

22

23

24

25

26
COUNTY OF [R NO Fresno,2ca 'fornia 9 28

 
 MAY 61994

2

Cl.lHK, U. S, DI$TRICI CUURT EASTERN DISTRICT Of CALIfORNIA

3

BY -----=if\F'ruTmY C'LER~K

4

5

6

7

8

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11 JOHN B. CRUZ, et a1.,

12

Plaintiff,

No. CIV F-93-5070 GGH

13

vs.

14 COUNTY OF FRESNO, et a1.,

15

Defendants.

ORDER

16

/

17

By stipulation and order filed February 25, 1994, the

18 parties in this action consented to the undersigned for the

19 purposes of effectuating the settlement of this action. The 20 undesigned had initially presided as settlement judge. After the

21 parties had reached settlement of this class action, this court

22 scheduled a fairness hearing for April 26, 1994. By inadvertent 23 orders, the case was transferred to Fresno (Order of April 4, 24 1994), which order was later vacated by Clerk minute order (April

25 8, 1994). This court hereby vacates both the April 4, 1994, and 26 April 8, 1994 orders, and enters this final order.

1
AO 72
(Rev.8182)

•

The scheduled fairness hearing was held on April 26, 2 1994. Paul Comiskey represented the plaintiff class; John Hagar 3 represented the defendants. Pursuant to court order, the class, 4 including the named plaintiffs, received notice of the proposed 5 consent decree. No objection to the class settlement agreement 6 was made .11

7

After due notice, IT IS HEREBY ORDERED, ADJUDGED AND

8 DECREED as follows:

9

1. That the Settlement Agreement reached by the parties

10 is approved and found to be fair, adequate, and reasonable;

11

2. That the Clerk is ordered to enter final judgment in

12 favor of plaintiffs in conformance with the stipulation Re

13 Permanent Injunction; Order of February 25, 1994;

14

3. That pursuant to Fed. R. civ. P. 23(c) (3), the

15 judgment applies to the following class:

16

All present and future prisoners in the following

17

Fresno county Jails: the North Annex, South Annex

18

and Main Jail.

19

4. That defendants shall pay attorneys' fees

20 expeditiously pursuant to the terms of the stipulation Re

21 Permanent Injunction; Order of February 25, 1994. In any event,

22 \\ \ \\
23 \ \ \ \ \
24
25 1/ counsel received one "objection" from an inmate; however, this
objection was a complaint by a prisoner who was disputing matters in 26 his underlying criminal proceedings. The court does not consider the
complaint to be an objection to the settlement.
2
AO 72 {Rev_8l821

•

said costs and fees shall be paid no later than thirty days from

2 the date of entry of judgment.

3

IT IS SO ORDERED.

4 DATED: May 6, 1994.

5

6

7
GGH:gh:dn
8 Cruz.set

9 10

11 12 13

14 15

16 17

18

19

20 21

22
23 24 25 26

3
·~o 72 (Rev_8/82)

 
 Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 1 of 31

Donald R. Fischbach

#053522

Stephanie Hamilton Borchers # 192172

2 DOWLING, AARON & KEELER, INC.

8080 North Palm Avenue, Third Floor

3 P.O. Box 28902

Fresno, California 93729-8902

4 Tel: (559) 432-4500

Fax: (559) 432-4590

5 Email: dfischbach@daklaw.com /sborchers@daklaw.com

6 Attorneys for Intervenor FRESNO COUNTY SUPERIOR COURT

7

8

9

UNITED STATES DISTRICT COURT

10

EASTERN D1STRlCT OF CALIFORNIA

II

SACRAMENTO DIVISION

12 JOHN B. CRUZ, et aI. ,

Case No. I :93-cv-05070 GGH

i3

Plaintiffs,

14 vs.

15 COUNTY OF FRESNO, et aI.,

16

Defendants.

FRESNO COUNTY SUPERIOR COURT'S NOTICE OF MOTION AND MOTION TO INTERVENE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 24
Fed. R. Civ. P. 24(a)(I); Fed. R. Civ. P. 24(b)(I)(B); 18 U.S.c. §3626(a)(3)(F)

17

18 TO EACH PARTY AND HIS/HERIITS COUNSEL OF RECORD :

19

YOU ARE HEREBY NOTIFIED that on Thursday, September 8, 2011 , at

20 10:00 a.m . in Courtroom 9 of the above-entitl ed court, located at Sal "J" Street, 13th Floor,

21 Sacramento, California, Intervenor FRESNO COUNTY SUPERIOR COURT will move this

22 Court for an order allowing it to intervene in this matter.

23

The Motion will be made pursuant to Federal Rule of Civil Procedure, Rules

24 24(a)(I) and 24(b)(I)(B).

25

The Fresno County Superior Court hereby moves to intervene and seek

26 clarification in this matter relating to "prisoner release orders" as set forth in the "Stipulation re

27

DOWLING

- -.. !. l~A~A~R~~. ,N~ 28

~-

......

Pennanent Injunction; Order" entered in the above-captioned case on February 25, 1994. (Attached hereto as Exhibit A.) The order in question constitutes a release order within the

NOTICE OF MOTION AND MOTION TO INTERVENE PER FRCP 24

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 2 of 31

meaning of the Prison Litigation Reform Act (PLRA). 18 U.S.C. § 3626(g). The Superior Court

2 seeks to intervene pursuant to Federal Rule of Civil Procedure, Rule 24(a) and 24(b), which

3 provide for intervention as of right where a "statute of the United States grants an unconditional

4 right to intervene" and for permissive intervention where "common question[s] of law or fact"

5 exist. Fed. R. Civ. P. 24(a)(1), (b)(1)(B).

6

The PLRA grants a statutory right of intervention to any unit of government

7 whose function concerns the custody or release of persons who may be released as a result of a

8 federal prisoner release order. 18 U.S .C. § 3626(a)(3)(F). At the present time, the release order

9 in question states that the Fresno County Sheriff "shall limit and control" the population level 10 within the Fresno County Jails within certain, specified bed capacity popUlation caps. However,

II because the Sheriff has closed two floors of Fresno's main jail facilities due to budget restraints,
12 the bed capacity set forth in the release order is no longer consistent with the either the design 13 capacity of the Fresno County Jails or the staffing capacity of the Fresno County Jails. (See 14 Proposed Memorandum in Support of Motion for Clarification filed herewith.) The Superior

15 Court's ability to enforce prisoner detention orders consistent with California law is directly

16 affected by the meaning of "capacity" within the release order.

17

Accordingly, for the reasons set forth in the accompanying memorandum of law

18 In support of this motion, the Superior Court respectfully requests that thi s Court grant

19 intervention and reso lve the issue raised in the Proposed Motion for Clarification, that is:

20 whether "capacity" within the meaning of the order means the number of prisoners the jail

21 facilities can physically provide beds for, or the number of prisoners the Sheriff has allocated

22 funds to provide beds for. A copy of the proposed pleading is attached hereto as Exhibit B.

23 Dated: July 14, 2011

DOWLING, AARON & KEELER, INC.

24 25 26 27
"- -D!!OlW~~WE"N~G.~. 28 .. ....-~-

14733.QOIIOO771792 . DOC .

By: lsI Donald R. Fischbach
DONALD R. FISCHBACH STEPHANIE HAMILTON BORCHERS Attorneys for Intervenor FRESNO COUNTY SUPERIOR COURT

2 NOTICE OF MOTION AND MOTION TO INTERVENE PER FRep 24

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 3 of 31
Exhibit A

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 4 of 31

1 PHILLIP S. CRONIN, COUNTY COUNSEL

J. wesley Merrit t, Chief Oeputy 1071939

2 county of Presno

2220 T~lar8 Street , Fifth Floor

3

Fr e sno, CA 93721

Telephone : {209} 488-3479

4 JO~N HAGAR 1 810)9

FILED

5 LAW OFFICB OF JOHN HAGAR

P. O. Sox 86935

6

Lo s Angeles, CA 90086-0935

Telephone: ( 213 ) 626-2089

FEB 25 ISS·1

THE UNITED STATES DISTRICT COURT EASTERN DIsTRICT OF CALIFORNIA

J OHN B.

)

No. F-93-5070 JFM (PJ

14

)

PlaintH t s,

)

1S
v.

)

)

STIPULATION R. .&RKANENT

16

)

t:lIJUl1CTION; ORDER

COUNTY OF FRESNO , . t al . ,

)

17

)

De.fend~nts.

)

18

)

--------------------) 19

The part ies hereby agree and stipulat e to the follo~i ng

20 Permanent Injunction:

21 1. The partie s stipulate that t his litiqation is a cl ass

action as define d by Rule 23 of the Fed era l Rules of Civil 23
Procedure.

2. Defendants shall limit and control the population l evel
2S wi thin the Fresno county Jails as follows:
26
I I I
27

ClOtIHn D"'l1,J~,,,,,
Pr.~, c.1ifo~i.

EXHIBIT A

Case.-1, :93-cv-05070-MCE Document 44 Filed 07/14/11 Page 5 of 31

1

A. Defendants are enjoine4 from beddinq inmates on the

2

floor.

3

!lORn AmlE~ JAIL

•

8. Defendants shall operate the North Annex Jail at the

5 bed capacities set forth below;

6 Second Floor

Number of Beds

7

Pod A

72

Pod B

72

8

Pod C

72

Pod 0

72

9

Pod E

72

Pod F

72

10

TOTAL

432

11
C. Defen dan ts shall op~rat8 th~ North Annex Jail utilizing

12

the f i ve additional correctional officers added to the North

13
Annex Jail's staff as part of tne settlement concerning

plaintiff s' Application for Temporary Restraining Order.

15
D. Inmates in the North Annex Jail shall be provided

16

acces s to one hour o t daily exercise i n the North Jail exercise

17

,.

a rea. Recreation time outside the housing unit will not be made

up for those inmates "'ho are a'io~ay from the housing un it at other

19 activities during the housi ng unit's regularly scheduled

20
recreation. Inmates housed in disci pline isolation will not be

21
provided with recreation time during their length of stay in

discipline isolation housing up to a max imum ot ten [lO}
23
consecutive days.

I I I 25
I I I
26
c=on or NO
p'J:"8.oo,2 foraia
2
28

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 6 of 31

1

*AIM JAIL

2

E. Defendants shall operate the Main Jail under the Pilot

3 project approved by the California Board of Corrections with

4 sixteen "general population" housin9 pods which are t riple

5 bunked (768 beds1 and operated as dormitories; eight "special

6 handling" pods which are double bunked [256 beds ] with special

7

handling in~ates having controlled dayrooM accessj a nd forty

a

~administrative segregation" cells which will be operated fo r

9 single occupancy housing (40 bada).

10

F. Defendants shall implement the transition to tha

11 housing configurations s et forth in paraqraph E above under the

12 time phased "pilot Project staffing and Capita l Project

13 Transit ion Plan" previously riled with the Court as Exhibit A in

14 the stipulation ap proved by the Court on october 29, 1993.

15

speei fically ~ this Transition Plan e&tablishes the timing of ~he

16

addition at staff (seven Correctional serge~nt&, seventeen

11 Correctional Officers, and one Office Assistant ) : the addition

18 of one shower in each general population housing pod; the

19 addition ot i $ometric exercise equipment , etc.

20

G. Def endants shall implement their plan to reduce the

21 no i se levels in t he Main Jail by provi dinq acoustical treatment

22

for the ceil inqs of the Main Jail as set forth in the Transition

23

plan.

24

H. plaintiff s' counsel Paul Comiskey shall be proviQed

25

reasonable access to the Main Jail d ur ing the Pilot Project

26
COUMTY or
rr••na,2. fOrDia 3
2.

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 7 of 31

1

period to monitor the transition as described above. Defendants

2

shall provide Paul comiskey with copies of those reports

J

required by the Board ot corrections during the pilot period .

4

Should for any reason the Board of corrections disapprove the

5 Pilot project, or recommend modifications ot the operation of

6

the Main Jail during the pilot period, defendants shall notify

7

p laintiffs' counsel in ~ritinq wi~hin ten [10J days of receiving

8 such notif i cation trom the Board of Corrections. In the event

9

of disapproval Or modif ication of the pilot project durinq th e

10

pilot period, either party may see~ to change the term~ of thi s

11

injunction pursuant to the standards set for th in Ruto v.

12

Inmates of Suffolk County Jail, ___ U.S. ___ , 112 S.etr 748

13

(1992) .

14

I. Inmates housed in the Main Jail shall be offered the

15 opportuni ty to receive recreation as follows:

16

1. Inmates housed in general population units sh~ll

17

be provided with the opportunity for twenty [20] hours of

18

recreation outside their housing unit each month. These

19 recreation opportunities shall include at least 1.5 hours o£

20

roo! recreation each week. In additi on. qeneral populatio n

21

inmates will receive the opportunity to participate in at least

22

eight ind oor ~ecreation sessions outsiae their housing unit each

2)

month. 1

24

25
2.
CQUlf1'Y or "(
rrtl.no.2~..
28

1 General popula"tion inmates are currently housed ~n pods C, 0, E, and F on each Main Jail floor.
N.
fonia
4

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 8 of 31

1

2. Inmates housed in Administrative Segregation and

2

Special Housing units shall receive twelve [12] hours of

)

recr eation aach month outsid. their housing unit each month in

4 addition to dayroom acce ss as appropriate for administrative

5

segregation and special hous1nq inmatea. 2

6

3. Re creation time outside the housing unit ~ill nat

7

be made up fOr those inmates who are away from the housing un it

8 at other activities during the housing unit's regulerly

9 scheduled recreation. Inmat~. house d in discipline isolation

10

will not be provided wit h recreation time during their len;th of

11

stay in discipline isolat ion housing up to a maximum of ten (10]

12

consecut ive days.

1)

4. The provis ions tor Main Jail recreation outside

14

the housing unit shall begin after the cOMpletion ot the

15

renovations required by the Board of Corrections Pilot Project

16

as sat torth in the aforementi o ned Transition Planj 3

17

S. Defendants shall make available to the She riff's

IS

Department j~il recreation s pecialists the "Recommendations and

19

Suggest ions" ot Dr . Edward Bernauer dated December J1, 1993.

20 Defendants shall retain, evaluate , and cons ider implementing

21

thos e sugges t ions that they deem reasonable and us eful ,

22

reservi ng the right to implement none of those suggestions.

2)

2, Administrative segregation and special housing inmate$

24

are currently housed in units A. B, and FF on each floor .

25

J Defendants anticipate thos e renovations to be completed

26

by July 1, 1994 .

CQUKTY OF

XO

~r e .DO,2 a 'forni.

5

28

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 9 of 31

1

BOUTH ANHEX JAIL

2

J . Oe!~ndants shall operate th e South Anne x J ai l at the

)

f ol lowi ng ca pac it ies:

•

SAJ 1 A (DORM] 45 beds

5

SAJ 1 B [DORM) IS beds

6

SAJ 1 C (UORM) 45 beds

7

SAJ 1 0 (DORM) 20 beds

8

SAJ 1 E [DORM)

• beds"

9

SAJ 1 F

20 beds

10 11

, SAJ 1 G
SAJ D

). beds
6 beds

12

SAJ 2 F

2. beds

1)
"
15

SAJ 2 G
SAJ ) A
"', ) B

,..8 beds beds H beds

I.

SAJ J C

43 beds

17

SAJ ) D

43 beds

18

SAJ J F

" beds

19

SAJ ) G

48 beds

20
21

SA' A
,• SAJ B

50 beds
• beds

22 23

, SAJ 4 C
SM D

50 beds )2 beds

24

25

4 The aqreed upon population for each south Annex Jail dormi tory is 140 \ of sa id dormitory's Board of correct ions II rated

2.

capac ity.I'

• COpUlrf'•I'Y• ~o0.'2

NO ' f"ornia

28

• .~:

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 10 of 31

1

SAJ 4 F

32 beds

2

SAJ 4 G

32 beds

]

K. The above re!erenc.d dormitories shall be offered the

4 opportunity to receive 30 hours of recreation per month in

5 either the South Annex Jail ' s indoor or outdoor recreation

6 areas. All other housing units in the south Annex Jail shall be

7 offered the opportunity to receive 20 hours of recreation per

a month in either the South Annex Jail's indoor or outdoor

9 r ecreation areas. Recreation time outside the housing unit will

10 not he made up tor those inmates who are away from the housing 11 unit at other activit ies during the housing unit's regularly

12 scheduled recreation. Inmates housed in discipline isolation

13

will not be provided with recreation time during their lenq~h of

14

s tay i n discipline isolation housing up to a maximum of ten t101

15 consecutive days.

16

L. The provision for South Annex Jail exercise outside

17 the housing uni t sha ll begin when the Fresno Superior Court

18 reopens and vacates t he recreation and exercise orders set forth

19

in Lynn PoJArd et al. v. Harold McKi nney , Case No. 227358 - 9,

20

dated July 7 . 1978; Paul Daniels et 01. v. Harold McKinney, Case

21

No. 259869-6, dated January 30, 1981; In re Richard Morgan, Case

22 Nos. 281302-0, 281438-2, 284164-1, dated January 17, 1983; In ra

23

Richard Morgan, Case No s. 308J1a -5, 316580 - 0, dated March 27,

24 1985; In re Steven Hansbury et al., Case Nos 286040- 1, 285427 -

2S

1, 289487 - 1, dated April 29, 1985. counsel tor ~laintiffs shall

26

COUH7Y OF

NO

F~••na,2 & 'forn~

7

2.

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 11 of 31

1

cooperate with counsel for defendants in fi ling dnd appearing in

2

court, if necessary concerni ng the County's mot ion to reope.n and

J

vacate those orders.

4

3. The Sheriff o~ Fresno County i s authorized b y this

5 order t o release inmates from the Fresno county Jail System or

6

refuse to accept inmates tor booking i nto the Fresno County Jail

7

system wh e never t he Fresno County Ja i l s ystem, or any facility

8

there in, or any s p ecific housing u nit t here i n , re~ches ninety

9

percent (90\] of capacity. The sherif! sha l l release inmates or

10

refu se t o accept new l y-c o mmitt e d inmates wh e n the tot~l

11

population of the Fresno county Jail System, or any facil ity

12 therein, or any housing unit therein, reaches one hundred

1]

percent (loot) of c~ pa city .

14

4. Either party m~y seek ~o change t he terms of th is

15

injunct io n pursuont to the standards set forth in Buto y .

16

Inmates of Su ff olk County Ja;l . ___ U.S . ___ , 112 S.ct. 74a

17

(1992) .

18

5 . In the event th at an emergency threatens the Sheriff's

19 a bi lity to compl y wit h t hesa orders, coun sel for d e fendants will

20

notify counse l tor p lain ti ffs no l a t e r than the next business

21

day.

22

6 . De fendants shall pay to p laintiffs' cou n sel Paul

23

Comiskey attorney fee s in th e amount of ~J 3 ,OOO . OO a t t he time

24

of the fi ling at the Final J udgement .

25

7. The parties stipUlate that the Honorable Gregory

26

COlDfTY
rr ••

~0o1,"2~r..

.0 ' !o'rUi.a

8

28

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 12 of 31

1 Hollows be the judge for all purposes concerning the fairness

2 hearing and Final Judgement in this case.

)

4

IT IS SO STIPULATED:

5

6

DATEO : Jan uary :J.!I , 1994

7

•

-- DATED: February J ,199~

9

10

11

DATED: Pebruary _4l-_ ' 1994

J. WESLEY H&RRITT Attorney t or Defendants
r,,
PAUL COMISKEY Attorney for Plainti

13

14 ORDER
15

16

IT I8 so ORDERED.

,.17

DATED: February ..:.23 . 1994

nONeRA BLf:/lG,E' '£"' HOLLOWS .

19

United S~t~s Magistrate Judge

Eastern O1strict of Ca li fornia

20

21

22 2)

25
26
ea COt1VTT OF [R HO 'resuo. 2 · fo~i. 9 2.

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 13 of 31
Exhibit B

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 14 of 31

Donald R. Fischbach

#053522

Stephanie Hamilton Borchers #192172

2 DOWLING, AARON & KEELER, INC.

8080 North Palm Avenue, Third Floor

3 P.O. Box 28902

Fresno, California 93729-8902

4 Tel: (559) 432-4500

Fax: (559) 432-4590

5 Email: dfischbach@dakJaw.com /sborchers@daklaw.com

6 Attorneys for Intervenor FRESNO COUNTY SUPERIOR COURT

7

8

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

I I

SACRAMENTO DIVISION

12 JOHN B. CRUZ, et aI.,

Case No. I:93-cv-05070 GGH

13 14 vs.

Plaintiffs,

NOTICE OF MOTION FOR CLARIFICATION OF CONSENT DECREE; MOTION

15 COUNTY OF FRESNO, et aI.,

16

Defendants.

17

18 TO EACH PARTY AND HISIHERIITS COUNSEL OF RECORD:

19

YOU ARE HEREBY NOTIFIED that on _ _ _ _ _ _, 20 II , at 10:00 a.m.

20 in Courtroom 9 of the above-entitled court, located at 501 "I" Street, 13th Floor, Sacramento,

21 Califomia, Intervenor FRESNO COUNTY SUPERIOR COURT will move this Court for an

22 order clarifying the Permanent Injunction; Order previously entered in this matter.

23 III

24 III

25 III

26 III

27 III D!lO!W M.LfItN~G.~ 28 III
M'_"_"_''''''

NOTICE OF MOTION FOR CLARIF ICATION OF CONSENT DECREE; MOTION

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 15 of 31

The Motion will be based on this Notice, the accompanying Memorandum in

2 Support of Motion for Clarification of Pennanent injunction, the Court's records and fiJe in the

3 above-captioned and any further evidence and/or argument the Court will receive at or before the

4 hearing on the Motion. 5 Dated: _ _ _ _~.20 11

DOWLING, AARON & KEELER, INC.

6

7

By:==-:-=:-::-====___ _ _ _

DONALD R. FISCHBACH

8

STEPHANIE HAMILTON BORCHERS

Attorneys for Intervenor

9

FRESNO COUNTY SUPERIOR COURT

10 14733-00 1\00771 786.00c.

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27
_D!'9I>...<_.'~-1~--Wk-~.~~... 28

2 NOTICE OF MOTION FOR CLARIFICATION OF CONSENT DECREE; MOTION

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 16 of 31

Donald R. Fischbach

#053522

Stephanie Hamilton Borchers #192 172

2 DOWLING, AARON & KEELER, INC.

8080 North Palm Avenue, Third Floor

3 P.O. Box 28902

Fresno, California 93729-8902

4 Tel: (559) 432-4500

Fax: (559) 432-4590

5 Email : dfischbach@daklaw.com / sbo rchcrs@daklaw.com

6 Attorneys for Inlervenor FRESNO COUNTY SUPERIOR COURT

7

8

9

UNITED STATES DISTRI CT COURT

10

EASTERN DISTRI CT OF CALIFORNIA

I I

SACRAMENTO DIVISION

12 JOHN B. CRUZ, el aI. ,

Case No. I:93-cv-05070 GGH

13

Plaintiffs,

14 vs.

15 COUNTY OF FRESNO, cl aI.,

IPROPOSEDI MEMORANDUM IN SUPPORT OF MOTION FOR CLARIFICATION OF PERMANENT I·NJUNCTION; ORDER

16

Defendants.

17

18

The Fresno Superior Court ("Superi or Court") submits the following

19 memorandum of points and authorities in support of its motion for an order clarifying the

20 "Permanent Inj unction; Order" previously entered in this matter.

21

I.

22

INTRODUCTION

23

The above captioned litigation arose out of the plainti ffs' allegations, among other

24 things, of unconstitutional overcrowding in the Fresno County jails. Through a stipulated

25 resolution, this Court ultimately entered a Stipulation re Permanent Injunction; Order in February

26 of 1994, commonly referred to by the parties as the Consent Decree.

27
DnO.~Wt.L~I~N~.G~ 28
~ ""'----""'''-

Under the Consent Decree (a copy of which is attached hereto as Exhibit 1), the Fresno County jail facilities were described as having a combined total designed bed capacity of

MEMORANDUM IN SUPPORT OF MOTION FOR CLARIFICATION OF CONSENT DECREE

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 17 of 31

2, 171 beds. The Fresno County Sheriff ("S heriff") is, under the Decr~e, authorized to release

2 inmates and/or refuse new inmates whenever the population of the jail as a whole, or any fac ili ty

3 therein, or any specific housing unit therein, reaches 90% of "capacity," and the Sheri ff is

4 required to release inmates or refuse to accept newlywcommitted inmates when the jai l, or any

5 facility therein, reaches 100% of "capacity." Without the Decree, all early prisoner releases

6 would have to comply with the rules and procedures governing such releases under Cali fornia

7 law.

8

In the lime since the Consent Decree was entered, the County of Fresno

9 constructed additional jail facilities, increasing the total designed bed capacity in Fresno County

10 to 3,778 beds. The Sheriff has since, however, closed two floo rs of the jail due to budget

I I constraints, resulting in a total current staffed capacity of approxi mately 1900 beds, well below

12 the design capacity of the Fresno County jail facilities. Thus, the jails are currently operating a

13 "staffed capacity" of approximately 1900 beds but continue to maintain a "design capacity" of

14 more than 3,700 beds, and the Consent Decree does not specify whether releases are mandated

15 under the Decree at 90-100% of design capacity, or at 90-100% of staffed capacity. In other

16 words, it is unclear whether "capacity" with in the meaning of the Decree means the nwnber of

17 prisoners the jail facilities can physically provide beds fo r, or the number of prisoners the Sheriff

18 has allocated funds to provide beds for.

19

Because Ca li fornia law governs the early release of prisoners absent federal

20 preemption of those laws, it is important for the Superior Court to have clarification of when the

21 Consent Decree governs early prisoner releases in Fresno County and when, on the other hand,

22 those releases must occur in compliance with State law.

23

II.

24

ARGUMENT

25

A. The Superior Co urt Must Receive an Interpretation of the Decree in Order

to Perform Their Respective Dutics

26

27
DI.- !O!~ Wl~- W~~- N~.~G..~.. 28

A district court can and shou ld, upon request, interpret a permanent order of a court. Nehmer v. Us. Dep', oj Ve'erans Affairs, 494 F.3d 846, 860 (9th Cir. 2007) (the District
2 MEMORANDUM tN SUPPORT OF MOTtON FOR CLARIFICATION OF CONSENT DECREE

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 18 of 31

Court "is the principal and proper arbiter [of the Consent Decree] with the responsibility to

2 interpret the Decree and oversee the liti gation.")

3

California has specific laws that outline the manner in which early prisoner

4 releases can legally occur. (See, e.g. , Penal Code § 4024. L) Penal Code section 4024.1

5 provides, amongst other things, that the Sheriff must apply to the presiding judge of the superior

6 court to receive authorization for early releases for periods of 30 days at a time, and outlines the 7 manner in which those releases must be carried out.

8

Because the Consent Decree operates to preempt California law as it applies to

9 the early release of prisoners when the jails reach 90-100% of "capacity," the meaning of the

10 word "capacity" within the Consent Decree is critical to whether, and the extent of, the Superior

11 Court's obligation and duty to ensure enforcement of its orders and compliance with early

12 release procedures such as those set forth in Penal Code section 4024.1 as outlined above .

13

The Superior Court' s obligation to fulfi ll its judicial function and enforce its

14 orders is not a trivial one. As stated by the Supreme Court in Young v. United States ex reI.

15 Vuillon EI Fils S. A., 481 U.S. 787, 796 (U.S. 1987), "[tJhe ability to punish disobedience to

16 judicial orders is regarded as essential to ensuring that the Judiciary has a means to vindicate its

17 own authority ...." Without such powers, the courts are "impotent, and what the Constitution

18 now fittingly calls 'the judicial power of the United States' would be a mere mockery."

19 Gompers v. Bucks Stove & Range Co. , 221 U.S. 418, 450 (1911).

20

Without a clarification from this Court regarding the meaning of the term

21 "capacity" in the Consent Decree, the Superior Court has little ability to meaningfully perform

22 its role in the criminal justice system, Releases conducted pursuant to the Decree are essentially

23 exempt from California law under the Supremacy Clause, whereas if a release is not mandated

24 by the Decree' s terms, and occurs in violation of the Superior Court ' s orders and without

25 compliance with California law, the Superior Court has an obligation to take steps to remedy

26
27
DOWj,JNG
!.- lI~~ ~~- ,,~..~... 28

noncompliance. Similarly, the Sheriff has an obligation both to follow California law and to
remain in compliance with this Court ' s Order. (See generally Cal. Gov. Code § 26605 [Sheriff is
3 MEMORANDUM tN SUPPORT OF MOTION FOR CLARIFICAnON OF CONSENT DECREE

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 19 of 31

the "sole and excl usive keeper of the jail"]; Cal. Penal Code § 40 15(a) [Sheriff must "receive all

2 prisoners committed to the jail by competent authority]; Penal Code § 4024.1 [describing

3 methods by which a sheriff can release prisoners to alleviate overcrowding].) Because it is

4 unclear under the Decree when the Decree excuses the Sheriff and the Superior Court from

5 compliance with State law, it is necessary to receive cl arification of whether capacity within the

6 Decree means "design capacity" or "staffed capacity."

7

8 . The Consent Dec ree Language

8

The 1994 Order states, in relevant part, that the Sheriff is "enjoined from bedding

9 inmates on the fl oor" and that, to effectuate that mandate, the Sheriff is "authorized by this order

10 to release inmates from the Fresno County Jai l System or refuse to accept inmates for booking

11 into the Fresno County Jail System whenever the Fresno County Jail System, or any facility

12 therein, or any specific unit therein, reaches ninety percent [90%] of capacity. The Sheriff shall

13 release inmates or refuse to accept newly-committed inmates when the total population of the

14 Fresno County Jail System, or any facility therein, or any housing unit therein, reaches one

15 hundred percent (100%) of capacity." (Consent Decree at page 8, lines 4-13.)

16

The Decree does not define capacity and does not contemplate the effect of

17 "empty beds" due to lack of staffi ng. Nor does the Decree contemplate increases or decreases to

18 the Fresno jail facilities ' bed count. The intent of the Decree, however, is clear and stated

19 expressly within the document itself: to control the jail population and to ensure that inmates do

20 not sleep on the floor. (Consent Decree at page 3, lines 1-2.)

21

On the other hand, a Consent Decree cannot, of course, be interpreted as a license

22 to ignore state law under all circumstances. Rather, there is generally a strong presumption

23 agai nst supremacy preemption, especially with regard to matters that generally fall within the

24 purview of the State, such as the incarceration of criminals. (See, e.g., Brown v. PlaIa, 563 U.S.

25 ----' 131 S.Ct. 1910, 1929 [describing narrowness required of federal prisoner release orders];

26 Slone v. Cily and Calmly ofSan FranciSCO, 968 F.2d 850 (9th Cir. 1992) [noting that override of

27
!J~1lL~~ 28
----~-

state laws in prison release orders should be a last resort].) As set forth above, the Superior /1/
4 MEMORANDUM IN SUPPORT OF MOTtON FOR CLARIFICATION OF CONSENT DECREE

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 20 of 31

Court has an obligation to ensure compliance with its orders and State law governing early

2 re lease to the extent any of those releases arc not mandated by the Consent Decree.

3

The Superior Court and the Sheriff need guidance to detennine the boundaries of

4 the Decree. If the Decree authorizes prisoner releases whenever the jail is at "staffed capacity,"

5 the Superior Court 's obligation to ensure enforcement of its orders and to enforce State law

6 regarding the procedures that must be fo llowed for earl y prisoner releases is replaced by the

7 supremacy of the federal order. If, however, the Decree only authorizes releases when the jail is

8 at "design capacity," then up to that point California law and procedure must be followed in

9 order to legal ly effectuate an early prisoner release.

10

m.

II

CONCLUSION

12

Given the unprecedented state of California and Fresno County's financial crisis

13 and jail overcrowding, the Superior Court is now faced with a ncar endless cycle of

14 noncompliance with its orders. Similarly, the Sheriff is faced with a near endless cycle of

15 prisoners that must be released due to lack of bed space. Because the Superior Court and the 16 Sheriff both desire to comply with Cali fornia law and with this Court's release order, the

17 Superior Court requests this Court clarify whether the Decree preempts State law and authorizes

18 early release when the Fresno jai ls are at 90- 100% design capacity, or when they arc at 90-100%

19 staffed capacity due to budget constraints.

20 21 Dated:

_ _ _ _~,20 11

DOWLING, AARON & KEELER, INC.

22

23

By: " " ' . , . . , - - - c - = , . . . , , - - = = = = : - ; - - - - - --

DONALD R. FISCHBACH

24

STEPHANIE HAMILTON BORCHERS

Anorneys for intervenor

25

FRESNO COUNTY SUPERIOR COURT

26

27
!DI9~.~.~~LW~..R~. 28
---~,~

14733"()OI \OO77 1789.DOC.
5 MEMORANDUM IN SUPPORT OF MOTION FOR CLARIFICATION OF CONSENT DECREE

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 21 of 31
Exhibit 1

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 22 of 31

1 PHILLIp S. CRONIN, COUNTY COUNSEL
J. Wesley Merritt, chief Deputy #071939

2 county of Pres no

2220 Tulare Street, Fifth Floor

, 3

Fresno, CA 93721
Telephone: (209) 488-3479

JoHN HAGAR #81039

FILED

5

LAW OFFICE OF JOHN HAGAR

P.O. Box 86935

6

Los Angeles, CA 90086-0935

FEB 25 19S·1

Telepnone: (213 ) 626-2089

Clt £A!Il

~K. RN

C1,1I.SsTlOtClslroRrlC(T),UCfOC!lJf.llNI)

~~:;~":S;;H::E~;R;;I::FF STEVE MAGARIAN

THE UNIT!O STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

14
15
,.
17 18
"
20 21 22 23
2'
25 2. 27
COUHTY
1"~.Q.Q,

JOHN B.

, et al..

Plaintiffs,

v.

COUNTY OF FRESNO, et a1.,

Defendants.

)

No. F-9J- 5070 JFM {PJ

)

)

)

)

STIPULATION RB P~ENT

)

IllJUlIC1:IOH; OitDD

)

)

)

)

)

The parties hereby agree and stipulate to the followi ng

Permanent Inj unction: 1. The parties stipul~te that this lit i gation is a class

action as detin e d by Rule 23 of the Federal Rules of Civi l

Procedure . 2. Defendants shall limit and control the population level

within the Fresno county Jails as follows :

I I I

. ...J .I

EXHIBIT :L

Case 1...~ :93-cv-05070-MCE Document 44 Filed 07/14/11 Page 23 of 31

1

A. Oefendants are en joined from beddinq inmates on the

2 tloor.

J

!lORTH AJUlIX JAIL

4

B. Defendants shall operate the North Annex Jail at the

5 bed capacities set forth below;

6

Second Floor

Number of Beds

7

Pod A

72

Pod B

72

B

Pod C

72

Pod D

72

9

Pod E

72

Pad F

72

10

TOTAL

432

11 C . Defendants shall operate the North Anne x Jail u t ilizing

12

the five additional correc tional officers added to the North

13

Annex Jail's st aff as ~art o f ~he sett lement concerning

14
plaintiffs' Applicat ion for Temporary Restraining Order.

15 D. Inmates in the North Annex Jail sha ll be provided

16
access to one hour o t dai ly exercise in the North Jail exercise

17

are a. Recreation time out side tho housing unit will not be made

18
up for those i nmate s ...,ho are a'f.'ay from the hous ing unit at other

19
activities during the housing unit's r egularly s cheduled

20
recreation . Inmates housed in discipline isolation wil l not be

21
provided with recreation time during their length of stay in

22
discipline isolation housing up to a maximu~ of ten (10)

23

consecutive days.

2.

I I I
25

I I I
2.

• "" COUJlT!' 0' p'1;'• •GO, 2

font..

2

28

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 24 of 31

1

MAIN JAIL

2

E. Defendants shall operate the Main J a il under tbe Pilot

3 project app roved by the Cal iforn ia Board of Cor rec tio ns with

4 sixteen "general popul ation" housing pods which are triple

5

bunk e<l [768 bedS ) and operated. a s dormitories; eight l ' spec ial

6 handling" pods .....hich a re double bunked [256 beds] with specia l

7

handling inmat es having c ontro l led dayroom access; a nd forty

8 "administrative segregation" cells vbich will be operated for

9

single occupancy housing (40 beds ).

10

F. Defenda nts shall implement the transition t o the

11

housing configurations s et forth in paragraph E above under the

12

ti~e p hased "pilot ?roject Staffing and cap ita l project

13 Transition Plan" previously filed \oI'ith the Cou rt as E:Khi b i t A in

14 the Stipulati on approved hy the Court on October 29, 1993.

15 Speci f ica lly, th is TransitiQ n Plan establishes the ~i.ing o f the

16 addition of staff (seven Correctional Sergeants, seve ntee n

17 correctional Officers, and one Off ice Assistant ]: the addi t ion

18 o f one shower in each general popul ation housing pod; the

19 addition of isometric exercise equipment, etc.

20

G. Oetendants shall i~plement their plan to re duce the

21 noise levels i n the Main Jail by providing acoustical treatment

22 for the ceilings o f the Main Jail as set forth in the Tr ansi t ion

23

Plan .

H. plainti ffs' counsel Paul Comiskey s ha ll be provided

25

reason~ble acc ess to the Main Jail during the Pilot Pro ject

26
COUlftl' or
rr••AQ ,2 . fDrDia 3
28

-.
Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 25 of 31

1 period to monitor the transition as described above. Defendants

2 shall provide Paul comiskey with copies of those reports

j

requir ed by the Board ot corrections during the pilot period.

4

Should tor any reason the Board of corrections disapprove the

S Pilot project. or recommend modifications of the operation of

6 the Main Jail dur ing the pilot pe riod, defendants shall notity

7 p laintiffs' c ounsel in writing within ten [10] days of receiving

8 such notification from t he Board of Corrections. In the event

9 of disapproval or modification of the Pi l ot Project during the

10 pilot period, either party may seek to change the terms of this

11 injunction pursuant to the standards set forth in Rutc VI

12

Inmates of Suffo lk County Jail . ___ U.S. ___ I 112 S.ct. 748

1)

(1992) .

14

I . Inmates housed i n the Main Jail shall be offered the

15 opportunity to receive recreation as follows :

1.

1. Inmates housed in genaral population units snail

17 be provided with th e opportunity tor twenty (20) hours o f

18 recreation o u tside their nous ing unit each mon th. These

19 recreation opportunities shal l include at least 1. 5 hours of

20 root recreation each week. In addition, qeneral population

21 inmat es will receive the opp ortunity to participate in at least

22 eight indoor recreation sess ions outside their housing unit each

2.J

month . 1

24

25

1 General popula·tion inma t es a r e cur rently housed in pods

2.

C, 0, E, and F on each Ma in J ail floor.

,
2.

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 26 of 31

1

2. Inmates housed in Administrative Segregation and

2 s p ecial Housing units shall receive twelve (12) hours of

) recrea tion each month outside their housing unit each month in

4 addition to dayroom access as appropriate for administrative

5

segregation and special housing inmates. 2

6

3. Recreat ion time outside the housing unit will not

7

be made up far those inmates ~ho are a~ay from the housing unit

8 at other activities during the housing unit's regularly

9 scheduled recreation. Inmates housed in discipline isolation

10 will not be provided with ~ecreation time during their length ot

11 stay in discipline i solation hous i ng up to a maximum of ten [10]

12

consecutive days.

1)

4. The provisions for Main Jail recreation outside

14 the housing unit shall begin after the completion of the

15 renovat ions required by the Board of COrrections Pilot project

16 as set forth in the aforementioned Transition Planj)

17

5. Defendants shall make available to the Sheriff's

18 Department jt'.lil recreation special i sts the "Recommendations and

19 Suggestions!! of Dr. Edward Bernauer dated December 31, 1993 .

20 Defendants shall retain, evaluate , and consider implementing

21 those suggestions that they deem reasonable and useful,

22

reserving toe right to implement none ot thos e suggestions.

2 Administrative segregation and special housing inmates are currently housed i n units A. B, and FF on each floor.

25

) Defendants anticipate those renovations to be completed

26

by July 1, 1994-

~y OF

WO

~r••DQ,2 • ' foru iA

5

2.

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 27 of 31

t

SOOTS AKBEX JAIL

2

J. Det~ndants shall oper~t e the South Annex Jail at the

3

following capac i ties!

, 4

, SAJ A [DORM]
SAJ 1 B [DORM]

45 beds >S beds

6

SM 1 c [OORM] 45 beds

7

SAJ 1 0 [DORM] 20 beds

S

SAJ 1 E [DORM]

• beds4

9

SM 1 F

20 be<l.

10

SAJ 1 G

3. beds

11

SAJ 2 D

6 beds

12

SA.] 2 F

2. beds

1)
"

SAJ 2 G SAJ 3 A

,..8 beds beds

15

SAJ 3 B

2. beds

I.

SM 3 C

.3 beds

17

SAJ 3 D

43 beds

18

SAJ 3 F

24 beds

19

SAJ 3 G

48 beds

20

SAJ 4 A

SO beds

2t

SAJ 4 B

• beds

22

SAJ 4 c

50 beds

23

• SA.]

D

32 be<ls

2'

25

4 The aqreed upon population for each South Annex Jall dormi tory is 140\ of said dormitory's Board of correctiohS Ilrate

2. capacity."

,.• COUJrrY 0'2 NO

P r• • ZlO,

'f"oruia

6
'M:

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 28 of 31

1

SAJ 4 F

32 beds

2

SA.] 4 G

]2 beds

J

K. The above r eferenced dormitories shall be of fered the

4 opportun ity to receive 30 hours of recreation per month in

5 either the South Annex Jail's indoor or outdoor recreation

6

areas. All other housing units in the South Annex Jail shall be

7 offered the opportunity to receive 20 hours of recreation per

8 month in either the South Annex Jail's indoor or outdOor

9

recreation areas. Recreation time outside t he housing unit ~ill

10

not be made up (or those inmates who ara away from the housing

11

unit at other activities during the housing unit's regularly

12 scheduled recreation. Inmates housed in discipline i s olation

13

will not be provided with recreation time during their leng~h of

14 stay in discipline isolation housinq up to a maximum of ten (101

15 consecutive days.

16

L. The provision tor South Annex Jail exercise outside

17

the housing unit sh~11 be9in when the Fresno Superior Cou rt

18

reopens and vacates the recreation and exercise orders set fnrth

19

in Lynn Pol~rd at al. v. Harold MCKinney, Case No. 227358 - 9,

20

dated July 7, 1978; Paul Daniels at 41 . v Harold McKinney, Case

21 No. 259869 - 6, dated January 30, 1981; In re Richard Morgan, Case

22

Nos. 281302 - 0, 281438 - 2, 284164-1, dated January 17, 1983; I~ re

23

Richard Morgan, Case Nos . 308318 -5, 3 165BO-O. dated March 27,

24

r, 1985; In Steven Hansbury et al., Case Nos 286040 - 1, 285427 -

25

I, 289487-1, dated April 29, 1985. Counael tor plaintiffs shall

26

COUNTY or

NO

Fr•• Do,2 a ·torn~.

7

28

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 29 of 31

1

cooperate with counsel for defendants in filing and appearing in

2

court, if necessary concerning the County'S motion to reopen ~nd

J

vacate those orders.

4

3. The Sherif~ of Fresno County is authori~ed by this

5

order to release inmates fro~ tbe Fresno county Ja i l System or

6 refuse to accept inmates for booking into the Fresno County Jail

7

system whenever the Fre sno County Jail system, or any facility

a

therein, or any specific housing unit therein, reaches ninety

9

percent [90t] o( cap~city. The sheriff shall release inmates or

10

refuse to accept neWly - committed inmates when th e tot a l

11

population of the Fresno County Jail System, or any facility

12

therein, or any housing unit therein, reaches one hundred

1)

percent ( l Oot) of capacity .

14

4. Either party may seek to change the terms of this

15

injunct io n pursu~nt to the standards set forth in Euro v.

16

Inmates of Suffolk county Jail, ___ U.S. ___ I 112 S.Ct . 748

17

(1992) .

18

5. In the event that an emergency threatens the Sheriff's

19

ability to comply with these orders, counsel tor defendants will

20 notify counsel tor plaintiffs no later than the next business

21

day,

22

6. De!endants shall pay to plaintiffs' counsel Paul

23

Comiskey attorney fees in the amount of $J3,000.00 at the time

24

or the fi ling of the Final Judgement.

25

7. The parties stipulate that the Honorable Gregory

26

COUNTY
r~ • •

or
no,

t 2c.

~o
·to~.

I28

8

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 30 of 31

1

Ho llows be the judge fo~ all purposes concerning the f air ness

2

hearing and Final Judgement in this case.

J

4

IT IS SO S~IPULATED:

5

6

DATED: January ).!I , 199.

7

8

--- DATED: February .) I 1994

9

lO
II OA'tED: February _'-1"-_' 1994

12

.1 . mSLE'i HSRRITT Attorney for De tenda nts
PAUL COMISKE~ Attorney for Pl ainti

l3
* * • *
l4 OROER
15

l6

IT IS SO ORDERED.

l7

l8

DATED: February ...:23, 1994

nORaAABLB,IfG,Eii0'7H6LiiJWS .

19

United S!:!ftj=s Magistrate Judge

Eas tern D1strict of Ca lifo rn ia

20

2l 22

2.

,2.5

COFUrN.TSYDo0 .P2~E:.R

NO ' 1orQl.

28

Case 1:93-cv-05070-MCE Document 44 Filed 07/14/11 Page 31 of 31

PROOF OF SERVICE BY OVERNIGHT DELIVERY

2 STATE OF CALIFORNIA )

) SS

3 COUNTY OF FRESNO

)

4

I am employed in the County of Fresno, State of California. I am over the age of 18 and

not a party to the within action; my business address is Dowling, Aaron & Keeler, Inc. , 8080 N.

5 Palm Avenue, Third Floor. Fresno, California, 93711.

6

On July 14,2011, J served the foregoing document(s) described as FRESNO COUNTY

SUPERIOR COURT'S NOTICE OF MOTION AND MOTION TO INTERVENE

7 PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 24 on the interested parties in

this action addressed as follows:

8 Paul Wayne Comjskey / Current Counse l
9 Prisoner Rights Union 2308 J Street
10 Sacramento, CA 95816-47 18 pauicomi skey(@eart hlink.nct
1 1 Richard P. Herman
12 Prisoner Rights Union 500 1 Birch Street
13 Newport Beach, CA 92660 rhcrman @ richardphennanlaw.com

Michael D. Long 901 H Street, Suite 208 Sacramento, CA 95814 mikc.long.law@msn.com
Courfesy copy to:
Martin J. Mayer Jones & Mayer 3777 N. Harbor Blvd. Fullerton, CA 92835
mjm@jones-mayer.com

14 Kevin B. Bri ggs

15 Fresno County Counsel 2220 Tulare Street, Suite 500

16 Fresno, CA 93721 kbriggs@co. fresno.ca.us

17 Said service was made by placing true copies thereof enclosed in a sealed envelope(s)
18 addressed as stated above AND said service was made by overnight deli very. I am readily familiar with the firm's practice of collection and processing items for delivery with Golden
19 State Overnight. Under that practice such envelope(s) is deposited at a box or other facility regularly maintained by Golden State Overnight or delivered to an authorized courier or driver
20 authorized by Golden State Overnight to receive such e nvelope(s), in an envelope or package designated by Golden State Overnight with delivery fees paid or provided for, on the same day
21 thi s declaration was executed, at Dowli ng, Aaron & Keeler, Inc., 8080 N. Palm Avenue, Third Floor, Fresno, California, 93711, in the ordinary course of business.

22 Executed on July 14.201 1, at Fresno. California.

23 I declare that I am employed in the office of a member of the Bar of this Court at whose

24 direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct.

25 /s/ Christine K. Banks

26

Christine K. Banks, CCLS

27
Dn~~V.~X!,W~~.1~'\ 28
_ _ " M'~ ' "

NOTICE OF MOTION AND MOTION TO INTERVENE PER FRCP 24

Case 1:93-cv-05070-MCE Document 44-1 Filed 07/14/11 Page 1 of 7

1 Donald R. Fischbach

#053522

Stephanie Hamilton Borchers #1921 72

2 DOWLING, AARON & KEELER, INC.

8080 North Palm Avenue, Third Floor

3 P.O. Box 28902

Fresno, California 93729-8902

4 Tel: (559) 432-4500

Fax: (559) 432-4590

5 Email: dfischbach@daklaw.com/sborchers@daklaw.com

6 Attorneys for Intervenor FRESNO COUNTY SUPERIOR COURT

7

8

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11

SACRAMENTO DIVISION

12 JOHN B. CRUZ, et aI.,

Case No.1 :93-cv-05070 GGH

13

Plaintiffs,

14 vs.

15 COUNTY OF FRESNO, et aI.,

16

Defendants.

MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

Date:

September 8, 2011

Time:

10:00 a.m.

Courtroom: 9

l7

18

I.

19

INTRODUCTION

20

The Fresno Superior Court seeks to intervene III this civil action to obtain

21 clarification of the February 25, 1994, "Stipulation re Permanent Injunction; Order," which is a

22 federal prisoner release order (the "Consent Decree" or "Decree") arising out of the above-

23 captioned litigation. The Consent Decree has the purpose and effect of authorizing the Fresno

24 County Sheriff to release prisoners from custody under the authority of the federal court order

25 when the Fresno County jails reach 90-100% of "capacity." California Penal Code section

26 4024.1, on the other hand, sets forth the criteria and procedures governing early prisoner releases

DOWLING
I.:l ,~A,sA:Rg~O,~,N~
.\!TO'<l,b'llI'HlC.OU'l'J,llJ»l,,,,Il.M,

27 28

under California law. Because the Decree is ambiguous as to the meaning of the word "capacity," the Superior Court is left in the untenable position of being unable to determine when

MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

Case 1:93-cv-05070-MCE Document 44-1 Filed 07/14/11 Page 2 of 7

1 the federal release order supersedes California law and preempts the Superior Court's detention

2 orders and its duty to require compliance with Penal Code section 4024.1. Accordingly, the

3 Superior Court seeks to intervene and obtain clarification of the word "capacity" as used within

4 the Decree.

5

II.

6

BACKGROUND

7

As this Court is aware, the Superior Court is responsible for, among other things,

8 ordering the detention of criminal defendants, setting bail and sentencing criminal defendants

9 according to the law. The Sheriff is responsible for carrying out these orders as they relate to the

10 custody of criminal defendants. Due to the closing of multiple floors of the Fresno County Jail,

11 prisoners are commonly released from custody in Fresno County without bail, without a promise

12 to appear and before completion of their sentences. These releases are occurring under the

13 authority of this court's prior prisoner release order (the Decree), without compliance with Penal

14 Code section 4024.1 or other laws and state court orders related to the sentencing and detention

15 of prisoners.

16

The Superior Court is actively working with the Sheriff to ensure public safety,

17 and also has a duty to uphold California law and enforce its orders. It is unclear from the Decree

18 in this case when the Fresno County Jails are at "capacity" such that the release order would

19 supplant California law as it relates to early prisoner releases. Accordingly, the Superior Court

20 seeks clarification of the federal decree in order to best protect the public and protect the orderly

21 administration of the judicial system.

22 /II

23 /II

24 /II

25 /II

26 /II

27

D O WLING
..IIA,~,A~,~R~O~,N~
... n()i'<t<!.'lSAMICCJl.r>;S~""'l""VI""

28

/II /II
2 MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

Case 1:93-cv-05070-MCE Document 44-1 Filed 07/14/11 Page 3 of 7

1

III.

2

ARGUMENT

3

A. The Superior Court Has Grounds to Intervene Both As of Right and In the

Discretion of this Court

4

5

The Federal Rules of Civil Procedure provide for intervention "as of right" and

6 permissive intervention. l Fed. R. Civ. P. 24. The Superior Court seeks to intervene as of right

7 pursuant to Rule 24(a) and through the discretion of this Court under Rule 24(b). Rule 24(a)

8 (intervention "of right") provides, in relevant part, that "[o]n timely motion, the court must

9 permit anyone to intervene who: (1) is given an unconditional right to intervene by a federal

10 statute ...."

11

Rule 24(b) (permissive intervention) provides, in relevant part, that intervention

12 should be allowed when the intervenor "has a claim or defense that shares with the main action a

13 common question of law or fact."

14

The Superior Court's right to intervene is therefore based on a federal statute, and

15 is timely as it only seeks to clarify the order, not to directly alter the litigation. Similarly, the

16 Superior Court should be allowed to permissively intervene, as it has a common factual and legal

17 question as the parties regarding the need for clarification of the Consent Decree.

18

1. Intervention As Of Right

19

The Prison Litigation Reform Act ("PLRA"), 18 U.S.C. § 3626(a)(3)(F)2

20 provides, in pertinent part:

21

"Any state or local official including a ... unit of government

whose jurisdiction or function includes . . . the prosecution or

22

custody of persons who may be released from, or not admitted to, a

prison as a result of a prisoner release order ... shall have the right

23

to intervene in any proceeding relating to such relief."

24

In this case, the Superior Court is entitled to intervene because its "jurisdiction or

25

26

27

DOWLING
..IIA,~A,~,~R\;O-;~N,~,
"I I QIo,N~""'SAf.;DC;IX"'SJ.I.;tI..~!\II,l\'"

28

I This Court retains jurisdiction over prospective relief orders. See Gilmore v. Us., 220 F.3d 987 (2000); see also Nehmer v. Us. Dep't of Veterans ' Affairs, 494 F.3d 846, 860 (9th Cir. 2007) [district courts have responsibility to interpret permanent orders and decrees].
2 Further statutory references are to 18 U.S .C. § 3626 except as otherwise noted .
3 MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

Case 1:93-cv-05070-MCE Document 44-1 Filed 07/14/11 Page 4 of 7

1 function" is to sentence and order the detention of prisoners, which necessarily affects the

2 "custody of persons who may be released from, or not admitted to, a prison as a result of a

3 prisoner release order." A primary function of the Superior Court is to evaluate and order the

4 detention of criminal defendants. See People v. Navarro, 7 Cal. 3d 248, 259 (Cal. 1972)

5 [sentencing of criminal defendants is an exclusive and necessary judicial function]. As such, the

6 Superior Court cannot perform a primary judicial function without the detention in custody of

7 those criminal defendants for whom the Superior Court orders detention.

8

Federal courts have recognized the need to allow third party intervention as set

9 forth in section 3626. In Castillo v. Cameron County, 238 F.3d 339, 349 (2001) the court

10 affirmed the state of Texas' right to intervene in a case regarding prisoner release orders, as the

11 case would "adversely affect [the State's] interests." See also Bowers v. City of Philadelphia,

12 2006 U.S. Dist. LEXIS 64651 (E.D. Pa. Sept. 8,2006) [district attorney has standing to intervene

13 in prisoner release litigation].) There is no question that how the Consent Decree in this case is

14 interpreted has the capacity to "adversely affect" the Superior Court's interests.

15

Accordingly, because a federal statute specifically provides for intervention to a

16 unit of government whose jurisdiction or function includes the custody of prisoners, and the

17 Superior Courts jurisdiction and function includes the custody of prisoners, intervention is proper

18 as a matter of right because a federal statute so provides.

19

2. Intervention Is Also Proper In The Court's Discretion

20

Intervention in this case is also proper under Rule 24(b), Permissive Intervention.

21 Rule 24(b) provides, in pertinent part, that the court may grant intervention to "anyone to

22 intervene who: . .. (B) has a claim or defense that shares with the main action a common

23 question oflaw or fact." Intervention under Rule 24(b) is entirely within this Court's discretion

24 once a showing of a common question of law or fact is shown and upon timely application.

25 League of United Latin Am. Citizens v. Wilson, 131 F.3d 1297, 1308 (9th Cir. 1997) (quotations

26 and citation omitted); see Kootenai Tribe of Idaho v. Veneman, 313 F.3d 1094, 1108 (9th Cir.

27

DOWLING
I.•lA,~A~,~RhO~N,~
...nQkNC ~ S N.ueour.S<.t.CM:I"'ILJI ~

28

2001) (noting that Rule 24(b) "plainly dispenses with any requirement that the intervenor shall /11
4 MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

Case 1:93-cv-05070-MCE Document 44-1 Filed 07/14/11 Page 5 of 7

1 have a direct personal or pecuniary interest in the subject of the litigation" and that all that is

2 necessary for permissive intervention is a common question of law or fact with the main action) .

3

In this case, the Superior Court has questions of law and fact in common with the

4 main action that led to the Consent Decree, as it is critical to the entire administration of the

5 criminal justice system that it be clear when the Decree will preempt California law regarding

6 early releases. To the extent that the Superior Court's orders are preempted by the Decree, its

7 interest in the custody and detention of prisoners in the Fresno County jails is consistent with

8 interests of the defendants in the main action, whose duty and obligation is also to ensure the

9 custody and detention of prisoners as required by law.

10

Such similarity of claims and positions, as well as the fact that the Superior Court

11 is directly affected by the Consent Decree, qualify as grounds for permissive intervention.

12 Stallworth v. Monsanto Co. 558 F.2d 257, 265 (5th Cir. 1977); Kootenai Tribe of Idaho v.

13 Veneman 313 F.3d 1094, 1008, (9th Cir. 2002).

14

Additionally, federal courts have routinely emphasized the general principle that

15 the requirements of intervention should be broadly construed in favor of the intervenor. As

16 stated in Donnelly v. Glickman, 159 F.3d 405, 409 (9th Cir. Cal. 1998), "[i]n determining

17 whether intervention is appropriate, we are guided primarily by practical and equitable

18 considerations. We generally interpret the requirements broadly in favor of intervention." See

19 also United States ex rei. McGough v. Covington Techs. Co., 967 F.2d 1391, 1394 (9th Cir. .

20 1992) ("Generally, Rule 24(a)(2) is construed broadly in favor of proposed intervenors and we

21 are guided primarily by practical considerations.")

22

Also in favor of permissive intervention in this case is the fact that no prejudice or

23 undue delay will result from intervention solely for the purpose of clarification of the Decree.

24 Massachusetts v. Microsoft Corp., 373 F.3d 1199, 1236 (D.C. Cir. 2004) [reversing district court

25 order denying post-judgment intervention and noting that no delay or prejudice could result from

26 intervention after a consent decree is already in place] . In this case, the Superior Court is not

27

DOWLING
_"; ~A,A~,SR\;-O;,~N,I3.
..Tlo;;....:~SM1)COJt<S::t.OR.1 ...1L.A....

28

seeking to alter the litigation or the remedy already stipulated to by the parties, it simply seeks 1//
5 MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

Case 1:93-cv-05070-MCE Document 44-1 Filed 07/14/11 Page 6 of 7

1 clarification ofthat remedy, which will have no prejudicial effect or delay of enforcement on the

2 Decree itself.

3

Finally, this court should allow intervention in its discretion in this case because it

4 best serves judicial economy. Interpretation by this Court of the Decree will avoid intervenor

5 Superior Court wasting judicial resources attempting to enforce compliance with its orders if

6 those orders have, in fact, been preempted by the Decree.

7

IV.

8

CONCLUSION

9

The Superior Court seeks to intervene in this litigation solely for the purpose of

10 obtaining clarification of a prior order of this court. Intervention by the Superior Court is

11 appropriate under both as a matter of right under Rule 24(a) and permissively under Rule 24(b).

12 Moreover, allowing the Superior Court to intervene will not cause prejudice to any party, undue

13 delay in the proceedings and will greatly serve judicial economy.

14

Accordingly, for the reasons set forth herein, the Superior Court respectfully

15 requests this Court grant its Motion to Intervene and allow it to seek clarification of the Consent

16 Decree.

17 Dated: July 14, 2011

DOWLING, AARON & KEELER, INC.

18

19

By: /s/ Donald R. Fischbach

DONALD R. FISCHBACH

20

STEPHANIE HAMILTON BORCHERS

Attorneys for Intervenor

21

FRESNO COUNTY SUPERIOR COURT

22

23 24

25

26

27

DOWLING
I.;IA,1:<A,~sR~O~N,I3,
'In~t"'S N"D~",,'Scl(.'K.~ "! VI",

28

14733-001 \00771793 .DOC.
6 MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

Case 1:93-cv-05070-MCE Document 44-1 Filed 07/14/11 Page 7 of 7

1

PROOF OF SERVICE BY OVERNIGHT DELIVERY

2 STATE OF CALIFORNIA )

) SS

3 COUNTY OF FRESNO

)

4

I am employed in the County of Fresno, State of California. I am over the age of 18 and

not a party to the within action; my business address is Dowling, Aaron & Keeler, Inc., 8080 N.

5 Palm Avenue, Third Floor, Fresno, California, 93711.

6

On July 14, 2011, I served the foregoing document(s) described as MEMORANDUM

IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO

7 INTERVENE on the interested parties in this action addressed as follows:

8 Paul Wayne Comiskey / Current Counsel
Prisoner Rights Union
9 2308 J Street
Sacramento, CA 95816-4718
10 paulcomiskey@earthlink.net
11 Richard P. Herman Prisoner Rights Union
12 5001 Birch Street
Newport Beach, CA 92660 13 rhennan@richardphermanlaw.com

Michael D. Long 901 H Street, Suite 208 Sacramento, CA 95814 mike.long.law@msn.com
Courtesy copy to: Martin 1. Mayer Jones & Mayer 3777 N. Harbor Blvd. Fullerton, CA 92835 mjm@jones-mayer.com

14 Kevin B. Briggs
Fresno County Counsel
15 2220 Tulare Street, Suite 500
Fresno, CA 93721
16 kbriggsla1co.fresno.ca.us

17
Said service was made by placing true copies thereof enclosed in a sealed envelope(s)

18 addressed as stated above AND said service was made by overnight delivery. I am readily
familiar with the firm's practice of collection and processing items for delivery with Golden

19 State Overnight. Under that practice such envelope(s) is deposited at a box or other facility
regularly maintained by Golden State Overnight or delivered to an authorized courier or driver

20 authorized by Golden State Overnight to receive such envelope(s), in an envelope or package
designated by Golden State Overnight with delivery fees paid or provided for, on the same day

21 this declaration was executed, at Dowling, Aaron & Keeler, Inc., 8080 N. Palm Avenue, Third
Floor, Fresno, California, 93711, in the ordinary course of business.

22
Executed on July 14,2011, at Fresno, California.

23
I declare that I am employed in the office of a member of the Bar of this Court at whose

24 direction the service was made. I declare under penalty of perjury under the laws of the United
States of America that the above is true and correct.

25
/s/ Christine K. Banks, CCLS

26

Christine K. Banks, CCLS

27
DOWLING
": 28 IlA,~A,s:,~R~O~N,~
o\'T Of"M " Sl\NO r.."lv1':lU..OI<\lI\T t.M'

MEMORANDUM IN SUPPORT OF FRESNO COUNTY SUPERIOR COURT'S MOTION TO INTERVENE

 
 1 KEVIN B. BRIGGS

County Counsel 2 MICHAEL R. LINDEN

3

Deputy County Counsel – State Bar No. 192485 2220 Tulare Street, Ste. 500

4

Fresno, California 93721 Telephone: (559) 600-3479

5 Facsimile: (559) 600-3480

6 JOHN H. HAGAR, ESQ. – State Bar No. 80139 1809 “S” Street, Suite 101-215
7 Sacramento, California 95811 8 Telephone: (415) 215-2400

9

Attorneys for Defendants COUNTY OF FRESNO and MARGARET MIMS, FRESNO COUNTY SHERIFF

10 UNITED STATES DISTRICT COURT
11 EASTERN DISTRICT OF CALIFORNIA
12

13 JOHN B. CRUZ, et al.,

14

Plaintiffs,

15 vs.
16 COUNTY OF FRESNO, et al.,
17

18

Defendants.

Case No. 1:93-cv-05070-MCE STIPULATED MODIFICATION RE JAIL CAPACITY; ORDER

19

20

Unanticipated changes in fact and law have arisen t hat require the parties to

21 modify the terms of the Stipulation Re Per manent Injunction; Order filed F ebruary 25,

22 1994 (“Order”). Specifically:

23

A. At the time of the Order, defendants were engaged in programs to expand the

24 Fresno County jail system, including the constr uction of additional jail housing units.

25 The expansion was completed, and the new housing unit s staffed and made

26 operational. However, over the past seve ral years unanticipated and severe budget

27 shortfalls faced by t he State of Califor nia (“State”), and by defendants, created

28 circumstances whereby defendant s have been unable to staff all of the housing units

Modification re. Jail Capacity

1
Case No. 1:93-cv-05070-MCE

1 in the Fresno County jail system . As a result, some housing units have been rendered

2 unusable.

3

B. In response to serious budget shor tfalls, and in res ponse to a United States

4 Supreme Court decision affirming a thr ee-judge panel order requiring time-phased

5 reductions of the inmate population in the California Department of Corrections and

6 Rehabilitation (“CDCR”), t he State has effectuated an unanticipated change in the

7 California law governing incarce ration responsibilities. Pursuant to recent legis lation

8 commonly known as “realignment” (includi ng Assembly Bills 109 and 117), the State

9 has transferred responsibility for the incarcerat ion of certain clas sifications of offenders

10 and parolees from state prison to county ja ils. However, questions have arisen

11 concerning the availability of funding necessary to house these additional inmates in the

12 Fresno County Jail. Furthermo re, while the long term impac t of realignment cannot yet

13 be measured, serious initial problems have arisen because of: (a) t he transfer of more

14 inmates into the Fresno County Jail than th e CDCR had estimated; (b) an increase in

15 the average length of stay for inmates in t he jail bec ause of these transfers, thereby

16 limiting the beds available for new book ings; (c) additional classi fication challenges

17 created by the influx of former state prisoners; and (d) increased correctional and health

18 care costs.

19

In addition, on July 14, 2011, the Fresno Co unty Superior Court filed a motion to

20 intervene in this matter, seeking clarificatio n of the term “capacities,” as s et forth in

21 paragraphs 2.B. and 2.J. of t he Order; and the term “capacity” as set forth in paragraph

22 3 of the Order. Specifically, the question was raised whether the term “capacity” should

23 be defined as “design capacity” or “actual staffed capacity.”

24

Because of the unanticipated changes of fact and law set forth above, the parties

25 stipulate, pursuant to paragraph 4 of the Order, to modify the Stipulation Re Permanent

26 Injunction; Order filed February 25, 1994 as follows:

27

1. The term “capacities,” as set forth in paragraphs 2.B., and 2.J. of the Order, is

28 defined as actual staffed capacities.
2
Modification re. Jail Capacity

Case No. 1:93-cv-05070-MCE

1

2. The term “capacity,” as set forth in paragraph 3 of the Order, is defined as

2 actual staffed capacity.

3

4 IT IS SO STIPULATED.

5 Dated: December 5, 2011

6

KEVIN

County 7

B. BRIGGS Counsel

8

By:

9

Michael

10

COUNTY

11

12

/s/ Michael Linden____________ R. Linden, Deputy
Attorney for Defendants OF FRESNO and
MARGARET MIMS, FRESNO COUNTY SHERIFF

13 Dated: December 5, 2011

14

15

By:

16

17

COUNTY

18

19

/s/ John Hagar_________________ JOHN H. HAGAR Attorney for Defendants
OF FRESNO and MARGARET MIMS, FRESNO COUNTY SHERIFF

20 Dated: December 5, 2011
21

22

By:

23

24

/s/ Paul Comiskey_________________ PAUL COMISKEY Attorney for Plaintiffs

25

26

27

28
Modification re. Jail Capacity

3
Case No. 1:93-cv-05070-MCE

1 Dated: December 5, 2011

2 By:
3

4

5 6 IT IS SO ORDERED.

7 8 Dated: February 13, 2012

9

10

11 12

DEAC_Signature-END:

13 14 c4d6b0d3

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Modification re. Jail Capacity

/s/ Catherine Campbell___________ CATHERINE CAMPBELL Attorney for Plaintiffs
__________________________________ MORRISON C. ENGLAND, JR UNITED STATES DISTRICT JUDGE
4
Case No. 1:93-cv-05070-MCE

 
 1

2

3

4

5

6

7

8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10

11 JOHN B. CRUZ, et al.,

No. 1:93-cv-05070-MCE

12

Plaintiffs,

13

v.

MEMORANDUM AND ORDER

14 FRESNO COUNTY, et al.,

15

Defendants.

16 ----oo0oo----
17

18

This action, brought pursuant to 42 U.S.C. § 1983, arose

19 nearly twenty years ago out of allegations of unconstitutional

20 overcrowding in the Fresno County jails. In February of 1994,

21 the original dispute was resolved via a “Stipulation re Permanent

22 Injunction; Order,” referred to by the parties as the “Consent

23 Decree.” Over fifteen years later, however, on July 14, 2011,

24 the Fresno County Superior Court (“Superior Court”) moved to

25 intervene in this case for the limited purpose of requesting

26 clarification of the definition of the term “capacity” as it is

27 used in the Consent Decree.

28 ///

1

1 Upon stipulation of the existing parties, this Court subsequently

2 issued an Order modifying the Consent Decree such that the term

3 “capacities” in paragraphs 2.B and 2.J and the term “capacity” in

4 paragraph 3 of that Decree are now defined as “actual staffed

5 capacities” and “actual staffed capacity,” respectively. By

6 Memorandum and Order dated February 16, 2012, the Superior

7 Court’s Motion to Intervene was thus denied as moot. Now before

8 the Court is a Motion for Attorneys’ Fees (ECF No. 95) filed by

9 Plaintiffs in which the argue that, as prevailing parties, they

10 are entitled under 42 U.S.C. § 1988 to recover fees from both the

11 County Defendants and the Superior Court. For the following 12 reasons, Plaintiffs’ Motion is DENIED.1

13

14

ANALYSIS

15

16

“In any action or proceeding to enforce a provision

17 of...[Section 1983]..., the court, in its discretion, may allow

18 the prevailing party...a reasonable attorney's fee as part of the

19 costs.” 42 U.S.C. § 1988(b). According to Plaintiffs, they are

20 entitled to recover attorneys’ fees as the prevailing party here

21 because they successfully opposed the Superior Court’s Motion to

22 Intervene and obtained the interpretation of the Consent Decree

23 most favorable to them. Plaintiffs’ arguments are rejected.

24 ///

25 ///

26

27

1 This Court determined oral argument will not be of

material assistance and thus decides this case on the briefing. 28 See E.D. Cal. Local Rule 230(g).

2

1

First, Plaintiffs were not prevailing parties in relation to

2 Defendants. To the contrary, Plaintiffs and Defendants both

3 opposed the Superior Court’s Motion to Intervene and both

4 ultimately agreed as to the proper definition of the term

5 “capacity” as it is used in the Decree. Plaintiffs have pointed

6 the Court to no authority supporting an award of fees under

7 circumstances such as these, where the party from whom fees are

8 sought is an “opposing party” in name only. Accordingly,

9 Plaintiffs’ request to recover fees from Defendants is DENIED.

10

Plaintiffs’ request to recover fees from the Superior Court

11 is likewise rejected. Fees should be awarded “against losing

12 intervenors only where the intervenors’ action was frivolous,

13 unreasonable, or without foundation.” Independent Federation of

14 Flight Attendants v. Zipes, 491 U.S. 754, 761 (1989); Costco

15 Wholesale Corp. v. Hoen, 538 F.3d 1128, 1133 (9th Cir. 2008);

16 Democratic Party of Washington v. Reed, 388 F.3d 1281, 1288

17 (9th Cir. 2004). The Superior Court’s Motion to Intervene was

18 none of those. To the contrary, the Superior Court sought to

19 clarify an ambiguous term used within a Consent Decree that

20 itself governs a matter of great public importance. Regardless

21 of whether the Superior Court agrees with the construction of the

22 term “capacity” ultimately adopted by the Court, and regardless

23 of whether this Court believes that term should only logically be

24 construed as it eventually was, the would-be intervenor

25 nonetheless achieved its ultimate objective in seeking to

26 intervene, which was to obtain judicial clarification as to

27 whether the Consent Decree referred to “actual” or “staffed”

28 capacity.

3

1

The Court is likewise unconvinced that the passage of time

2 between entry of the Consent Decree and filing of the Motion to

3 Intervene is sufficient to render the filing “unreasonable” or

4 “without foundation.” The Superior Court sufficiently explained

5 its reasons for filing the Motion to Intervene so long after

6 execution of the Consent Decree. Circumstances change and, under

7 the circumstances relevant here, the Superior Court was not

8 dilatory in seeking its requested relief. Accordingly, no fee

9 award is justified, and Plaintiffs’ request to recover fees from 10 the Superior Court is DENIED.2

11

12

CONCLUSION

13

14

For the reasons just stated, Plaintiffs’ Motion for

15 Attorneys’ Fees (ECF No. 95) is DENIED. Defendants’ request to

16 appear telephonically (ECF No. 101) at the hearing on this

17 matter, which was vacated pursuant to this Court’s order of

18 April 30, 2012, is likewise DENIED as moot.

19

IT IS SO ORDERED.

20 Dated: May 30, 2012
21

22

_____________________________

23

MORRISON C. ENGLAND, JR.

UNITED STATES DISTRICT JUDGE

24

25

26

2 Given the above grounds for denial of Plaintiffs’ Motion

for Fees, there is no reason for the Court to further evaluate 27 Plaintiffs’ arguments that the Superior Court did not act in its

official capacity in bringing its Motion or that the Superior 28 Court is not entitled to judicial immunity.

4

 
 ,. ., 1."- ~- ":.i
1
2 3 4 5 6 7 8 9 10
1 1 12 13 14 15 16 17 18 19 20 21
22 23 24 25 26

•
PAUL W. COMISKEY (Bar No. 65510) 2308 J Street P.O. Box 1019 Sacramento, CA 95812-1019 (916) 442-6868
RICHARD P. HERMAN (Bar No. 53743) 24012 Calle de la Plata, Suite 330 Laguna Hills, CA 92653 (714) 768-3601
MICHAEL D. LONG (Bar No. 149475) 2308J Street, Suite D P. O. Box 163354 Sacramento, CA 95816-9354 (916) 448-1708
Attorneys for Plaintiffs

FEB I 8 \993
e( elER1\, u.s. OISfRl(;~ C91lRT
EASTERN OI,IRICl Of CAl.fORNIA

BY

OEPUfY ClER

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN B. CRUZ, JOSEPH Q. KRUKOWSKI, )

RUBEN D. CRUZ, DOUG MURPHY, JOHN )

COLE, TIM PENDERGAS, MANUEL BERTAO, )

ROGER D. HAUSMAN, CHARLES WILCOX, )

REBECCA MONTERO-SALCEDO, ANTHONY )

SHERWOOD, RICHARD RUIZ, and all

)

others similarly situated,

)

)

Plaintiffs,

)

)

vs.

)

)

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

as SHERIFF,

)

)

Defendants.

)

--------------------------------)

NO. F-93-5070 REC JFM
APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ANCILLARY RELIEF; MEMORANDUM AND DECLARATIONS
Date: February 25, 1993 Time: 9:00 a.m. Courtroom: No. 8

/ / /

AO 72 (Rev.81821

• •

1 Plaintiffs move for a temporary restraining order barring
2 defendants from:
3 1. Sleeping any prisoner on the floor;
4 2. Adding beds during the pendency of this action;
5 3. Denying prisoners access to outdoor exercise;
6 4. Denying access to monitor compliance; and
7 5. For such ancillary orders, including provisional class
8 certification, as the court deems necessary.
9 This application is based on the' file in this court, the

10

attached declarations, such other declarations and exhibits as may

11 be filed before the hearing date and points and authorities.

12 MEMORANDUM

13

Plaintiffs move for a Temporary Restraining Order to promptly

14

alleviate the most inhumane of the conditions in the Fresno county

15

Jail, including the South Annex and the Main Jail. The jail are

16

so grossly overcrowded as to be an immediate danger to its

17

prisoners. The prisoners are sleeping on the floors. There are

18

as many as twenty men sleeping in cells with only twelve beds. The

19

stress, anxiety and tension caused by the severe overcrowding has

20

already led to rioting on the fifth floor of the Main Jail on

21

February 16, 1993. Many inmates and law enforcement personnel were

22

injured during the riot and hospitalized. The overcrowding must

23

be remedied before more riots break out.

24

In addition, the prisoners receive limited exercise which adds

25

to the restive behavior of the inmates because they have a very

26

limited outlet for their stresses and aggressions. The situation

11.072 (Rev.a/a21

• •

1
is exacerbated by occasional cell flooding caused by clogged 2
toilets and significantly delayed response times by deputies when

3
notified of such emergencies. These conditions are so intolerable

4
that plaintiffs ask the court for immediately relief.

5 "If the public, through its judicial and penal system, finds

6 it necessary to incarcerate a person, basic concepts of decency,

7
as well as reasonable respect for constitutional rights, require

8
that he be provided a bed." stewart v. Gates, 450 F.Supp. 583, 588

9
(C.D. cal. 1978).

10

There is also a constitutional right to sufficient exercise

11

so that prisoners do not physically deteriorate. Toussaint v.

12

McCarthy, 597 F.Supp. 1388, 1424 (N.D. Cal. 1984).

13

In cases where prisoners' rights are clear, irreparable injury

14

(violation of constitutional rights) is certain, temporary

15

restraining orders are proper. Cf. National Prisoners Reform

16

Association v. Sharkey, 347 F.Supp. 1234 (D. R.1. 1972) (freedom

17

of association); Palmigiano y. Travisono, 317 F.Supp. 776 (317 F.

18

Supp. 778 (D. R.I. 1970 (prisoner mail).

19

Temporary restraining orders have been granted to challenge

20

haircut regulations in the Army Reserve. Bellamy y. Froeh1ke, 347

21

F.SUPP. 1241 (w.O. N.C. 1972) and qualifications of office holders.

22

Quinn v. State of Mo. 839 F.2d 425 (9th Cir. 1988) (nonproperty

23

owners not eligible to serve on City Board of Freeholders).

24 I I I

25 I I I

26 I I I

AO 72 IRev.S/821

•

1
WHEREFORE, plaintiffs request that a temporary restraining

2 order issue.

3 4 5

Dated:

February 17, 1993.

Q~(J~d PAUL W. COMISKEY

6

RICHARD P. HERMAN

MICHAEL LONG

7

Attorneys for Plaintiff

8

9

10

1 1

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

AO 72 (R. . . 81821

•
EXHIBIT A

.. - -

• _.. .--- ._ ,._.....'

.. ,-" ' ,-" .,-,"

-

.- .- ','-

Jail: Five prisoners will be charged in riot

Continued from Page B1

vemher 1992 slaying of doughnut

concuesiol1, but was rAl..aaed ....01' cleck Chamroeun 1m.

ftolll a 1I0spital Tuesd4y.

b$fore

dawn .

Cal~~ ItX\IltinI~eb.rg88 ~P1~

The disturbance began about
11:20 p..... Within cU"''''''''' said

~~~udeLro.n~, tt'L.~eeJdOa~n!";~ ~~-!

Lt. Richard White, Il101"EI than 50 FresnD poliee officers and Cali,

.

-~""'-'
said the fact

IN -"'"'"
they werv

Mq uaed

in

foruia Highway Patrol ofiicen< a lookdown _ion, l"'horc in-

had.

responded

to

a._..1.1.

fa I"

.
ass1&-

imndaticeast'ems otvheemy eInwtsiIldNisprelasytreidd.es&d,-

mwcrib the other agencies pro- :re.aibl ehavioral problems while

vidin.r baekup; a corrcct:lon.1ll1i11'" J pant anci an. offiear, each arzned . ~These are some of your finer

with a shotgun, entel'ed the fifth flooI" and fired rubber pellets •that to~ the imnates to retwn
to their t.hree-matl cells.
Sheriff's officials IlAid cell-

Fresno. County citizens,' jail colnDUlZldm.. Capt. Tom Gattie said f8l:l!tiausly.
The fifth I100r houaes about

mates Da'lid Mi"J.cwl SllldlUlA, 24.0 i-...,teo. OIl the midnisht

23, 22,

RanedynaMjdicohGaeolnLzaeleesRCoacllrdi8euroenz,.

shift, which had begun at 11
p.m., Rancioph was the lone cot-

h21.,~ all of Frwesitnho,bIaIIr:etee:yxpoenctaedeotro- ·

rectional officer t:'.!:;'s the

tlIJor, and he was

up by

reetional om~, aaaault on 8 one offiear in the SB!Iled-off can· .

peace ofilcel', 1Il'$On, attempted . trol room.

9$\lIlpe and dastruetinn Df jall Sheriff Steve M4garian, whose

. ,

property.

<iapartmsnt 1'UlI8 the jail, said he

Jailed on a lIIurde: eha:ge, wuuld prefer to have at Ieut Me

Saldana had been scheduled to more officer on duty on each bP.g;n • jtuy triAl Tu~ mom- floor but can't beeause of the bUilng.gHAe Ii'sDalacneduosedRootd'fraigtaulely" sta4b1-, eoun......"s tight 1"'..".'.1II.-~.~

during a gang ftllht in MRPel>. Hill trial was postponed until to-
day.
Shezoifra otficiaIs said they also

Magarian' said is proposal by the county adll.Iinistrative office to cut $1.8 million out of next
~'s jail budset is "ludicmlls."

~ ~m:~cl,~

m.~ ......ra, 24,

su~ Joe au Jolin WI1liaI:II

.Au ...s..h,..

baugh, ao, of Caruthers In rela-

"ThhIgs like this show that it

c"Ia'nm't

be done," the shariff going to fight it.H

said.

tion to the riot. Mora Is c:b.atged with the No-

-_ - .. -._ .. -- --- _.. ..

1,1993 • _T_h8_F_r8_s_n_o_B_e_8_ _ __

I tt---
ALM4NAC

lock tonight, Jim's els $12.50;
clock tonight, Visalie (3 E. Acequia 51. the California Farm 50; 730-7000. ~ a.m.- 5 p.m. week:urdays. 5789 N. Blossom Trail, V" g the blossom trail lita Nis~ Man BivI; works in watercolIy. Exhibits through
10 a.m.-5 p.m. daily. Jring more than 200 I admission first larch. Regular adolder, $2 lor those 198-2671.
lSI you want listed, IOrial Department, The

Ullft
rere Association's
lavis Unified School ~ and renovate ;5 Unified's govematilying to see that 1I is willing to work 18 March 2 election.

Pil

one! Joseph Haran, 911,

)ayucos

hyEI_Keama,

of Fresno

.

lIargaret Lovett, 84, 01

lIhmore

III Imogene Mapat, 71,

30shan

Id Lee Olloar, 69, 01 Via

P. Orosco, 90, 01 Han-

I

Paahuglan, 86, 01 Fres-

Ie Sua Raymond, 48, 01 <srsfield • William Reid, 84, 01 OBey "I Fay Slmpaon, 53, 01
$00
Indo Solla, 1B, 01 Han-
j
Nancy S1arr, 92, 01
sna

.

ij;

Inmate's family sues county

• Sheriff Steve Magarian says the Apn'1 9 death of inmate Gregory Michael Andrews could not have

all~ The suit

that correc-

tional officers allowed inmates to

drink illegal alcohol and ignored

county policies by placing An-

=:;:wd~d-:fb.nt~~o~~~:

were drinking illegal jailhouse alcohol called "pruno," which is made of bread and juices. Dement reportedly got drunk, then
=~~~ea: :W~I~trangled An-

been prevented.

criminal~. :it:!

"Although the beating lasted

Mag~an sald,. Monday that over an hour and the alarm in

By Pablo Lopez
The Frasno Bee

Andrews death· Could not have been .prev,:nted. He said. the jail's

The fmnily of a Fresno man who was sexually assaulted and strangled in the Fresno County Jail has filed a federal lawsuit against county officials, charging gross negligence in the man's death.
The suit, filed in U.S. District

cl.assIficatlOn system IS recog-

ruzed as a model.throughout the

state.

',-~"

"The jail is full of dangerous

inmates who kill with no notice, "

he said.

tj:

Sheriff officia18 have said that

Andrews, who had convictions

for being under .the influence of

Court, seeks unspecified damages in the death of Gregory Michael Andrews, 31, of Fresno, who was sodomized and killed by another inmate last April 9.

drugs and burglaries, was consid-
ered a "career criminal" because of his time served in prison.
According to the lawsuit, Andrews was arrested April 8 on

The suit nmnes Sheriff Steve drug charges and a parole viola-

Magarian, Capt.. Richard Pierce . tion. He was locked in a fourth-

and Tom Gattie, the accused kill- floor cell with Dement and two

er, Ronnie Dement, and several other inmates. ~h'"

others.

The lawsuit saYs' the cellmates

.

l'</.\·

the cell was sounded four times
no jail officer came to the cell U;
investigate," said lawyer Darryl Horowitt who along with Iaw-
yer Sanford jay Rosen represent. Andrews' family. '
Magarian said officers don't allow inmates to drink alcohol and that no distress alarm was sounded.
Dement, 34, has been Charged with murder in Fresno County Superior Court in Andrews' death. Recorde show he has been serving a prison term for the murder of his brother, but was returned to the Fresno jail to testify in a criminal case that was settled before his appearance.

AI
Po m •
Fn Sund, shoot, five p
Ow shoot: sailan onsw
Wor An
held F The
to rec, trol ar.
Infc
On. childr' day or Highv
The drove Avent;
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Dav: stesl r, and th CaIifo:
Nota
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no. The
narby
do not Info:

, PM

IIg8n, Sandra and David
'resno, 0 boy
.. Annette and Jay 01 i~is,!1 boy Jon. 29, 1993 '.!,:;_us:a~:~,nd Robert of

John Walker - The Fresno Bee
Surveying ashes. Evy Metzler finally got up the courage to see for herseH what happened to the little store.
Helm: Residents shocked and fearful

m•
By I'
Bee C
SA

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LOCAL NEWS

The Fresno Bee • Tuesday, February 9,1993 83

Fresno jail overcrowding likely to persist despite lawsuit

• Sheriff Steve Magarian says:
don't spend too much time ':
wonying about the inmate; , remember, they have victimS.

By Pablo Lopez
The Fresno Bee

Although he faces a lawsuit that complains the Fresno County Jail is ()ver-
crowded, Sheriff Steve Magarian, said Monday the 300 inmates s1eepin;; on Door mattresses better get used to'It.

"Jails are overcrowded across the

state of California,' Magarian said in

response to questions about a suiUiled by the Prisoners Rights Union iii' U.S.

District Court in Fresno.

!

';t
"This complaint is nothing more,than

a chance for some attorney to get rich;
he said. The suit, filed Friday, says the south
jail annex at M and Fresno - once the main jail - is overcrowded.
The suit also alleges that inmates are denied daily exercise time.
"The sheriff is in flagrant violation of the law,' said Paul W. Comiskey, a Sacramento lawyer representing the prison-
ers union. "He's got a lot of inmates who
shouldn't be in jail.' Overcrowded jails are nothing new to
Fresno County, which began expanding its jail system in the 1980s. At that time the old main jail, which is now the south
annex, was overcrowded with inmates. In 1987, Superior Court Judge Frank
J. Creede Jr. set a limit of 864 inmates, but the 710-bed old jail routinely had a population in excess of 1,100.

Since the new 1,180-bed main jail was programs are being used and that the

completed in 1989, it too has been at or state and federal contracts to house pa-

above capacity, Magarian said.

role violators bring in much needed rev-

Comiskey said the Prisoners Rights enue.

Union is an advocacy group for men and "Right now, all we house is high- Be-

women in California jails and prisons . curity, high-risk inmates, and I'm not

and their families.

going to let them out without a court

He said that in the last four years, the order; he said.

union has sued 14 counties over jail The south annex is currently being

conditions.

remodeled and the third and fourth

Magarian and Comiskey bOth agree floors are unoccupied

that hard-core thugs shouldn't be re- Comiskey said at least 10 inmates in

leased to the streets.

the south annex have said inmates are

Comiskey, however, wants Magarian sleeping on the floor.

to reduce the jail population by allowing "It's been overcrowded for months,

more inmates to be released through even when it was fully occupied," he

alternative sentencing programs.

said.

He said the jail population also could But Magarian said no one is sleeping

be reduced if Magarian gets rid of the on Door mattresses in the south annex.

federal and state contracts to house pa- He said, however, that 300 inmates

role violators.

.

are sleeping on Door mattress in the

Magarian said alternative sentencing main jail.

Rail: Southein Pacific weighs Am~ak decision

l

.

ConHnued from Page B1·

( isn't budging, said spokesman

in the public interest to link the // Jim Drago.

J issues.'

1.1 "There is no decision to revisit

But Southern Pacific Vice' the issue,' Drago said. "We be-

Chairman Robert F. Starzel, did I' Iieve the decision is solid. On ev-

,! just that in a letter to Costs after ery issue the Santa Fe proposal

the Caltrsns decision.

'. was preferable. On every single

"In light of the anti-competi- ( count.'

tive effects upon us,' Southern) Drago said the next step would

Pacific will have to carefully con- \ be to approach the California

sider how it could continue in;! Transportation Commission for
working toward consolidation,I( the $57 million for improve-

with Santa Fe through Fresno,c\ ments on the Santa Fe tracks.

S~ said "Ev~one has 'been', That's another sore spot with

as8UJDlng [consohdation] would i Southern Pacific.

happen,·and it could, with use of

_ ,,_ -'-I

~

"We are in a deregulated in-

• __

•••

.Storm: No long stay

ConUnued from Page B1
million acre-feet.
Kennedy called the water outlook "a very welcome contrast to the conditions of the last six years."
Storage in the state's reservoirs on Feb. 1 was about 18.2 million acre-feet, or about 75 percent of average for that date.
Last year, the reservoirs were 55 percent of average on Feb. 1.
Heavy rain and snow in the last two months have brought seasonal precipitation to about 150 percent of average so far this year. Last year at this time, the seasonal precipitation was 60 P'!rcenLand the water year end-

The Sierra snowpack soaked in' . a little warm rainfall from the latest storm that will melt into state reservoirs if cooler temperatures don't return.
"We're not concerned at the moment,' said Chet Bowling, chief of water operations for the Central Valley Project.
At Millerton Lake, the problem would come if snow melted and filled the reservoir to beyond the capacity of 520,000 acre-feet, officials said.
Millerton currently has 372,300 acre-feet of water, about 150,000 acre-feet more than it had last year.
Bee staff writers Mark Gossl and Pa·

Comiskey said inmates also have been deprived of their exercise space on the roof, which has been closed during the remodeling.
He said he will petition the federal court to get prisoners off floor ' . ' tresses and to get them daily exe time.
Magarian said inmates have been exercising in the indoor gym - where there are weight machines, Ping-Pong tables and card tables - twice a week for a total of about 3 hours.
He said overcrowded conditions will likely exist even after the renovation of the south annex is completed sometime in September - but he is not too concerned about it.
"It seems we worry too much ahout the inmate,' Magarian said, "and forget ahout the victims of crime.'
For better grades tomorrow, better call Syivrurtoday.
Sylvan' gives your child individ-
!

• •
EXHIBIT B

•

1
PECLARATION 2

3 I, Manuel Edward Bertao, swear as follows:
4
I was arrested on July 98, 1992 and brought to the Main Jail. 5
After a few days I transferred to 4-C in the Annex Jail. I was 6
housed in General Population. There were 65 to 71 people in a 50-
7
man tank. rifteen to twenty-one people would sleep on the floor
8 at a time. They would sleep under bunks, in the middle of the
9
aisle in the cell, and back by the toilet. I had to sleep on the

10 floor for three months and I would sleep under a bunk or outside

11
the in the aisle depending on what was open. There were thirteen

12 cells, four bunks in twelve cells ad the thirteenth cell had two

13
bunks. There were two people there. While sleeping under a bunk

14
it was impossible to turn over. I had to sleep either on my back

15

or stomach. There were probably two feet between the mattress and

16

the steel slab above me. It was very claustrophobic. A person had

17
to sleep under the bunk because people had to get down and use the

18

toilet. We had a dayroom where we ate. There was not room to eat.

19

When the tables were jam-packed and there were still six or seven

20

people on the floor eating. There was a great deal of tension.

21

I saw six or seven flights.

22

There was poor observation on the part of the officers. An

23

old black gentleman named Pops fell down and was heaving up blood.

24

It took about twenty minutes for the officer to respond. I believe

25

this was in November because he made it back by Thanksgiving.

26

We got to go to the yard for exercise on Monday on the roof

AO 72 (Rev.8/821

• •

1 and to the gym on Thursday on the second floor. At the gym you
2 could only play ping pong or read a book. On the roof you could
3 lift weights, play basketball or walk around. My glasses were
4 broken by an officer during a shakedown. The glasses were never
5 replaced. I slipped and fell in the shoer and it took three weeks
6 to be checked.

7 since December 1992, I have been housed in AD Seg lock-down

8 without any write-ups on the fourth floor of the Main Jail. During

9 this entire time I had been sleeping on the floor. Where I am

10 presently housed-M-J-4A=15-I have been sleeping on the floor since

11 I came to the tank--about three weeks. There are three other men

12 in the cell and there are three bunks. This is a very small cell

13 and we only get out every other day.

14 The medical care in this jail is very poor.

15

Since I have been in jail, I feel my body is much weaker. I

16

gained about thirty pounds in jail from 175 to 205. I know that

17 because I weighed in at the doctor's office. While I was out I was

18 very active, playing football, basketball, running and other

19 physical activity.

20

When I was in the Old Annex I asked to go to the law library.

21

It took about two weeks to get to the law library. While housed

22

in the Old Annex, I was in Tank 4C. Meals were served as follows:

23

breakfast at 3:00 a.m., a sack lunch, dinner would be served at

24

6:30 or 7:00 p.m. There were a number of grievances filed about

25

the food.

26

A072 (Rev.SIS21

. -.

•

•

VERIFICATION

I declare under penalty of perjury that this declaration is

true of my own personal knowledge and that if called upon at trial,

:v-~.!:....~-=--=~-=------ I am competent to testify thereto.

Datedg;Jl..,

<j

_, 1993, at

California.

Signature f1Jaaullf. (!C:c/ tf~Ii'
Ref# if any_ _ _ _ _ _ _ _ ___
s 13k:; 0/ 2L() t;tf
V/p 14L( /IY

• •

1
DECLARATION 2

3
I, John B. Cruz swear as follows:
4
I am a prisoner in the Fresno County Jail. I am presently in
5
what is called the Old Annex, Second Floor, 2-G-l.. The cell where

6
I am housed is about eight feet wide and twenty feet long. The

7
cell has six bunks and each bunk has two beds. At present, there

8
are seventeen men housed in this cell. The men who do not have

9
beds either put their mattress under a bed on the floor or

10

somewhere in the day room. We have access to a dayroom during

11

waking hours. Thee are two tables in the dayroom with benches

12

attached to the floor. There is not enough room at the table for

13

everyone to eat their meals. We are allowed exercise twice a week

14

in the gymnasium on the second floor. We go for two hours each

15

time.

16

In the gym there are card t.ables for playing cards, a ping

17

pong table, and some weight machines. The entire tank, Gl through

18

G4, goes at the same time. There are usually forty people at

19

least. Some prisoners are doing church services, some are working

20

out with weights, other are waiting, some play cards and some play

21

ping pong. There are no facilities for basketball. It would not

22

be advisable to run.

23

We are only given plastic sandals to wear and it is impossible

24

to exercise in them.

25

I came to this jail on October 1 and have slept on the floor

26

sixty to ninety days. Beds are assigned on a seniority system

AO 72 (Rev.8/821

• •

1
regardless of what medical 'problems a person may have.

2 The law library is incomplete. It is not updated. I am only

3
allowed to go to the law library once a week for one hour. The one

4 hour includes the time it takes to get to the law library. There

5

are no supplies in the law library; you are only given a pen.

6

In about November, I felt my tooth hurting. I went to the

7
doctor about three weeks later. He looked in my mouth and said he

8

saw no abscess. He pushed on the outside. He said this is a

9

Priority II. About three weeks later, I saw the dentist, Dr.

10

McLoy. He said we don't do root canals, or drilling; we only pull

1 1

teeth.

12

I had no prompt probable cause for detention hearing that I

13

know about.

14

I declare under penalty of perjury that the foregoing is true

15

and correct.

Executed on ---------------------, at

16

_______________ , California.

17

18

JOHN CRUZ

19

20

21

22

23

24 25

26

A072 (Rev.S/S2)

"
•

• •

VERIFICATION

I declare under penalty of perjury that this declaration ~

true of my own personal knowledge and that if called upon at tria~

I am competent to testify thereto.

U , Dated

Y

_I

199~ 1

at

--lrEoI-~_----'-""~_____

California.

Signature______________________________________ Ref# if any______________

•

•

• •

1
DECLARATION 2
3 I, Roger Dana Hausman, swear as follows:
4

6
There were forty-two to forty-five people in each pod. They had
7
two beds in each cell for a total capacity of thirty-two. The
8
moved me to 4-C, same thing. Then I went to C-7--I moved six or
9
seven times. In all these moves, predatory prisoners were housed

10
with defenseless prisoners. People were sleeping on the floor in

11 all these places. I am a jailhouse lawyer and I trade legal

12 skills for a bunk.

13
On February 4, 1993, there were 55 people in Pod A, third

14
floor, Main Jail. On Friday evening, they moved prisoners from

15

the old Jail. On February 6, the count was seventy-one persons.

16

On February 7, 1993, there were more than seventy-one persons.

17

somebody flushed a sheet in their toilet; there was an obstruction

18

in the toilet in 3-A-15. Every time a toilet flushed, gallons of

19

human waste poured out on the floor. I asked the officer to cut

20

off the water. By the time we had breakfast, seventy-five people

21

were eating with two inches of human waste on the floor. Human

22

waste got allover the mattresses, sheets and blankets. The

23

flooding was in retaliation for overcrowding--people were eating

24

with feces, urine and sanitary pads on the floor. Some of the

25

mattresses still have urine and feces on them.

26

A072 (Rev.8/821

• •

1

VERIFICATION

2

I declare under penalty of ~erjury that the foregoing is true

3 of my own personal knowledge and that I could testify to these

4 facts at tr~tl.

1)1)113 5 Dated .;J=tf

1991 at ?r1t<ldY> ' California

6

I?pf)~

7

8

9

10

II

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

• •

1 PECLARATION
2

3 I, Rebecca Montero-Salcedo, swear as follows:
4 I am a prisoner in the Fresno county Jail, and I am charged
5 with 1150 Health & Safety Code, possession of drugs. I was
6 arrested on November 16, 1992. When I first came to the jail, I
7 told the nurse at booking that I was detoxing and would be very
8 sick. She told me that I would have to get through on my own.
9 I was locked in FF3, Isolation. I stayed there about a month.

10 Then they moved me to A Pod. This a lock-down unit. We get out

1 1 every other day for a thirty minutes. sometimes the guards forget

12 and don't do this. When I ~oved into A Pod, there were three

13 people in the cell. I had to sleep on the floor about two weeks.

14 The cell is a two-person cell. It has two beds, a toilet and a

15

sink. When it rains, water comes into our cell. The mattress is

16

squeezed between the toilet arid the bO,ttom bunk. When the person

17

a the bunk get down, it is necessary for the person on the floor

18

to get up. If a person uses the toilet, their feet would be on

19

the mattress. There is a small desk service for three people to

20

use. There is no place to eat food. It is necessary to put it

21

on the floor to eat.

22

When we come out of our room to go to the shower, we are

23

instructed not to talk to anyone but to go directly to the shower.

24

We have half an hour every day to use the shower and/or telephone.

25

Shower times are from 3:00p.m. to 11:00 p.m. We get fed between

26

3:30 a.m. and 5:00 a.m. Count time is between 9;00 and 9:30 a.m.

A072 (Rev.8/82l

• •

1 Medications come between 7:00 and 8:00 p.m. During those times,
2 no one is allowed out of their room. When you count ten cells for
3 thirty minutes per day, somebody is shorted all the time.
4 Telephone calls are allowed only after 3:00 p.m. Showers usually
5 don't start until 4:00 p.m. anyway. It is impossible to reach
6 lawyers, drug programs, etc.
7 We get out for exercise once a week for forty-five minutes.
8 There is nothing up there for the women like basketball or ping
9 pong. The level of exercise is terrible. You get stressed out
10 being there. When it starts raining, we get all wet. Lack of
11 exercise affects your health. You are in the same small room with
12 two other women. Personal hygiene gets bad. There is a lot of
13 stress from overcrowding. There is fighting and arguing.
14 I have been coming to this jail since 1989 and have been in

15

lock-down since that time for getting into a fist fight with

16

another women. There have been no violent incidents since that

17

time. When I need help I push a button in my room.

18

In 1991, a friend of mine died. We all pushed buttons but

19

it took an hour to get her out of the cell. Clothing is not

20

exchanged often enough. Women wash clothes in their cell and hang

21

them to dry. This adds to the overcrowding.

22

There is no reason for a person like me to be locked-down.

23

I have never committed a violent crime, and I am not in protective

24

custody. I have never gone personally to a classification since

25

I have been here. I have requested to go to general population,

26

but they do not even answer my letter. One .of the biggest

A072 (Rev.8/821

• •
1
problems is overcrowding, lack of time to use the telephone, 2
shower and lack of ability to exercise. There were three people 3
in my two-bunk cell until the day before yesterday. During almost 4
the whole time I have been in A Pod there has been a person 5
sleeping on the floor. The overcrowding causes the ventilation 6
system to be inadequate. In effect, it is freezing. You can't 7
get out of your bed for anything. You have to wear socks on your 8
hands and both jumpsuits. The medical care is inadequate because 9
of the overcrowding. It takes forty-eight hours to answer a 10
~dical request.
11
12 13 14 15 16 17 18 19
20 21 22 23 24 25 26
A072 IReIi.a/a21

• •

1

VERIFICATION

2

I declare under penalty of perjury that the foregoing is true

3 of my own personal knowledge and that I could testify to these

4 facts at trial.
5 Dated Wt-r-Z
6 7

f~ - ' 199J at

,California

'k (i\~ttt£~ hlC}1u

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25
26

27

28

• •

1

2
DECLARATION
3

4
I, Charles Richard Wilbanks, swear as follows:

5
I was arrested on November 8, 1992, and brought to the Fresno

6
ain Jail. I arrived around 2:00 a.m. I arrived on Monday around

7
oon on Floor 3, Pod A, of the Main Jail, Cell 10. There are

8
hree bunks in cell 10.

There are now five prisoners in Cell 3.

9 am presently housed in Cell 4. There are five there also.

10 risoners sleep on the floor, one is under the bottom bunk and one

11 is in the aisle. The prisoner under (I have the bottom bunk) is

12 6 feet 2 l..nch es, thin, 170 pounds. Whenever he turns over he 13 umps the bunk and wakes me up. He is an epileptic, so I have to 14 ake sure he is not having a seizure. The prisoner in the aisle

15 is right in the walkway. If I want to go to the toilet, I have 16 o get him up. His head is four feet from the toilet. We have 17 ad four or five people in the cell for a month. There is a great 18 eal of tension. Five different personalities, five people

19 fighting their cases and people doing time.

20

I got in a fight myself and split up a couple in the last

21 ay. In the pod there are 48 beds and sixteen cells. There are

22 forty-eight seats for meals. There are now seventy-four or

23 seventy-five people in the pod. The dayroom is extremely noisy.

24 The only personal spot you can find is to take a shower.

25

We go to gym once a week for about an hour. We are allowed

26 on the roof on another day for an hour. It is necessary to eat

27 dinner sitting on the floor. When we come out for breakfast

28

• •
1
because of the overcrowding, people bunch up together to be first 2
in line. They wake us up at 3:00 a.m. to 5:00 a.m. for breakfast. 3
If you don't get up for breakfast, you don't get your sack lunch
4
and you wont' get dinner until 5:00 p.m.
5
It is so overcrowded in here that a man who is having di2zy
6
spells waits for a long time to see a doctor. It is possible to 7
do calisthenics but if seventy-people need calisthenics, it would
8
smell like a swine barn. There would not be no room for everyone
9
to do exercises. You cannot hear when you talk to people over the 10
phone. When I came here, there were thirty or more people in the
11
pod. Now there are seventy-five. The noise is terrible, and there
12
are people everywhere. It is like being in a shopping mall at
13
Christmas time.
14
15
16
17
18
19
20
21
22
23
24
25
26
AO 72 {Rev.81821

• •

1

VERIFICATION

2

I declare under penalty of perjury that the foregoing is true

3 of my own personal knowledge and that I could testify to these

4 facts at trial.
5 DatedrJeQ. < {7~

~~~~~~__ , California

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

• •

1
DECLARATION 2

3

I, Ruben D. cruz, swear as follows:

4
I am presently a prisoner in the Fresno county Jail; in the

5
Old Annex, Second Floor, Cell Block G, Cell 2 (AJ2G2). The cell

6

dimensions are about eight feet by twenty feet. In our cell there

7
are six bunks of two beds. We have each of the twelve beds filled

8

at all times and we usually have six people sleeping under the beds

9

on the floor. We have had as many as eight people on the floor

10

(twenty people overall in the cell) sleeping at one time.

11

The bottom bed is about two feet off the ground. A man

12

sleeping in a bed has almost no room to turn over. A medium or

13

large man could not rollover. The floor is cold. The mattress

14

issued is about two inches thick. The cold has led to a pain in

15

my elbow (from the hard concrete floor as well). Two of the men

16

sleeping on the floor must sleep on either side of the toilet. We

17

try not to use the toilet for their sake. They accidently get

18

sprinkled with urine now and again. Further, one person next to

19

the toilet is also over an air vent ·which causes a cold draft.

20

Many people get colds due to the draft.

21

I slept on the floor from January I, 1993 until about one week

22

ago. The men who have been in the jail longest get the beds.

23

We have access to the dayroom adjoining our cell at all times.

24

with eighteen people in our cell, not everyone can eat at the two

25

tables in the dayroom. The extra people must eat while seated on

26

the floor, toilet or a bed.

A072 (Rev.S/S21

• •

1
The overcrowded situation leads to tension among the
2
cellmates. This has caused many arguments. 3
Each week we have two visits to the gym for about one and a 4
half hours. The days are Thursday and saturday. We can do 5
weights, ping pong, game tables, some books. All people from GI
6 to G4 are in the gym at the same time. Not everyone goes each
7 time, but there are usually at least twenty to thirty at a time.
8 I am allowed a maximum of one hour per week in the law
9 library. Sometimes they do not allow me to use it at all in a
10 week. About eight to ten men use the library at one time. The one
1 1
hour per week is not enough to prepare my case.
12 If I put in a medical emergency request, the response time is

13 three to four days. I often spend the night in pain waiting to be

14 seen by a doctor. When I requested emergency psychiatric help, I

15 was not seen for one week.

16

The stockings they issue all have holes in them, in the heels

17

and the toes'. The issued sandals are also torn.

18

The meal serving trays have mold buildup from lack of washing.

19

The trays smell bad due to the mold.

20

21

22

23

24

25

26

A072 (Rav.81821

• •

•

VERIFICATION

I declare under penalty of perjury that this declaration is

true of my own personal knowledge and that if called upon at trial,

I am competent to testify thereto.

Dated G.d-· 4- - 9 3

_, 199.-1-, at C9-===-__~__~_______

California.

@7~~ Signature
Ref# if any_ _ _ _ _ _ _ _ ____

•

•

• •

1
DECLARATION 2

3
I, Joseph Q. Krukowski, swear as follows:
4
I am currently a prisoner in Fresno County Jail, Old Annex,
5
AJ2G3. My group cell is about eight or nine feet by twenty or
6
twenty-one feet.
7
The cell has twelve beds, each filled, and we have five to
8
eight people sleeping on the floor. The two newest men sleep on

9
the floor near the toilet. The newest sleeps next to a vent.

10

water from the shower often leaks through the vent and makes his

11

mattress wet. The mattresses vary from about one-and-half to four

12

inches thick. The room would be okay for twelve men, but it is far

13

too small for seventeen to twenty.

14

From December 8, 1992 until about January 31, 1993 I slept on

15

the floor. I am 6'3: and 205 pounds. I could not rollover. The

16

bed above me was about twelve inches from my face. As I have been

17

here awhile, I have enough seniority for a bed.

18

The lack of room in the cell and dayroom causes tension. The

19

tables hold six people each comfortably. The rest must sit

20

elsewhere to eat. The tension leads to many arguments. Often

21

people have to restrain themselves from fighting.

22

We have access to the law library for one hour once a week.

23

Using the library is hardly worth it because they do not allow you

24 enough time to do research and because too many people use it at

25 one time. The copy machine is always in use. I stopped using the

26

library because of that. I often see the law library empty.

AO 72 (R. . .SIS21

• •

1
Better use could be made of it if the visits were longer with fewer

2 people using it at one time.

3 We are allowed to use the gym twice a week for one-and-a-half

4
to one and three-quarters hours each, including travel time to the

5

gym. All cells GI to G4 use it at the same time. Forty to fifty

6

men use it at the same time. There are three universal systems.

7 Only about ten to fifteen people can work out at one time. I have

8

to stand around quite a bit waiting for the exercise machines.

9

This makes workouts almost worthless.

10

Many of our eating trays are falling apart and moldy. Layers

11

of plastic are peeling off. The mold is grayish.

12

When one person gets sick the whole cell gets sick because

13

there is no where to escape. The people on the floor get sick

14

first because of the cold, damp and drafty floor. They spread the

15

sickness to the others.

16

Cleaning supplies like detergent should be provided to clean

17

off our tables. We have had one rag (the same one) since I entered

18

the cell. The rag is f.ilthy and I can't get myself to touch it.

19

We can't use it to clean our cell..

20

Our toilet overflowed once and it took about six hours for

21

security to respond and fix it.

22

Most often there are no guards patrolling the hallways near

23 our cells. When our emergencies come up such as disputes, medical

24 problems, we have to push a button. Sometimes it takes five to ten

25 minutes to get a response. In a true emergency, this could be a

26 big problem.

AD 72 (Rev.8/821

. ,
i
•

• •

VERIFICATION

I declare under penalty of perjury that this declaration is

true of my own personal knowledge and that if called upon at trial,

I am competent to testify thereto.

J Dated ~t{- 93

__ , 199__ , at __________________________

California.

Signature~ /~,

Ref# if any_____________________

•

•

••",

1
DECLARATION 2

3
I, Douglas Everett Murphy, swear as follows:

4
I am presently a prisoner in Fresno County Jail, Old Annex,

5
Second Floor, Cell Block G, Cell 4 (AJ2G4). My cell is

6

approximately ten by twenty feet in size.

7
The G4 cell has six bunk beds of two beds each. The twelve

8

beds are always used. Currently, there are an additional four

9

people sleeping on the floor. We have had as many as eight people

10

sleeping on the floor at a time. The beds/floor space is assigned

11

by prisoner agreement, on a "seniority" basis. The newest prisoner

12

gets the worst floor space, over by the toilet. We only use that

13

toilet when absolutely necessary, out of courtesy to the inmate.

14

The man sleeping near the toilet often gets his mattress soaked

15

from the shower run-off. Most often the guards do nothing about

16

the soaked mattress. We have to complain a lot to get dry sheets

17

for the prisoner. The wet mattress is never replaced.

18

When we had twenty people in our cell, six would sleep under

19

the beds, one under the telephone and one on a table in the

20

dayroom. The person on the table cannot sleep in anyone else is

21

wake because the day room would be in use.

22

The more crowded the cell the more tension there is between

23 the cellmates. When we had twenty men in the cell, fights came 24 very close to breaking out each day. The cell is much less tense

25 when it is less crowded.

26

I have not been outside in the open air since January 5, 1993.

"'072
(Rev.8/821

• •

1
since the roof has been closed off, no one gets to go outside

2 except trustees. This lack of fresh air adds to the tension among

3
the cellmates.

4
We get to visit the gym twice per week for one and a half

5
hours at a time. In the gym we can lift weights, read, use game

6
tables, play ping pong or listen to music. There is supposed to

7
be an "athletic director," but she has not been there for at least

8
a month. People have to figure out how to use the equipment on

9

their own. I use the weight equipment: However, there are too

10

many people using the equipment at one time to get a proper

1 1

workout. Only two decks of cards per pod (Gl or G2) are given out

12

per month. Given that there is not much else to do, we need mora

13

than that.

14

We are fed a 3:00-a.m., a sack lunch and at 5:00-6:00 p.m.

15

a are fed the same amount whether we are small or big. Large

16

people are underfed.

17

Our cell was incredibly cold for awhile. We had to complain

18

for a long time to get adequate heating.

19

20 21

22 23

24

25

26

A072 (Rev.SIS21

• •

•

VERIFICATION

I declare under penalty of perjury that this declaration is true of my own personal knowledge and that if called upon at trial, I am competent to testify thereto.
Dated F(4,. Lt, _, 199n at _--,-Pv_~--==:..M=-"Q),=,-____
California.

Signature 'j;b-.....,~~.~
Ref# if any_____________

•

•

•

1
PECLARATION 2

3

I, John Larry Cole, swear as follows:

4
I am a prisoner in the Fresno county Jail. I came Into this

5

jail on January 11, 1993 to serve a sentence. since being here

6
I have been housed in Annex Jail 2-G-1. There are seventeen men

7
in this cell. There are twelve beds. I have been sleeping on the

8
floor for three weeks. I got a bunk three days ago. Bunks are

9
given on the basis of seniority. When I was sleeping on the floor,

10

I slept under a bunk. The bunk was approximately eighteen inches

11

off the floor. It is impossible to get comfortable. I slept next

12

to an exhaust vent. My nose was always clogged in the morning.

13

There is not enough room to eat. Everybody has to put his

14

tray on the table and stand. I have had to put my tray on the

15

toilet and sit on the bunk. The space under the bunk is so small

16

that many of the men cannot get under the bunk. They sleep with

17

part of their bodies outside the bunk;

18

since I have been here, exercise is available twice a week.

19

I lift weights in the gym. There are not many people who use the

20

weights. Twenty-five to thirty people at a time go to the gym.

21

The air is stagnant in the gym.

22

23

24

25

26

A072 IRw.8/82)

,.
•
•
•

• •

1

VERIFICATION

2

I declare under penalty of perjury that the foregoing is true

3 of my own personal knowledge and that I could testify to these

~Q,Cf 4 facts at trial.
5 Dated 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23
24
25
26
27
28

- ' 19~ at

, California

• •

1
DECLARATION 2

3
I, Timothy Blake Pendergas, swear as follows:
4
I am a prisoner in the Fresno County Jail. I am housed in the
5
Old Annex, AJ-2-G-l. I have been there since I have been in the
6
jail. When I first got here there were nineteen people in the
7
cell. Now we are down to seventeen. There are twelve bunks in the
8
cell.
9
When there were nineteen in the cell, twelve slept in a bunk

10

and seven on the floor. Of the seven, two slept on the left side

11

under the bunks, three slept on the right side under the bunk, one

12

slept under the phone booth and I sleep in the day area between the

13

tables. This lasted for the first week and a half while I was

14

there. I weight about 260 pounds and am 6'2 1/2" tall. It is very

15

uncomfortable for me to sleep under a bunk. I get pains in side

16

of my leg from sleeping in the same position for so long. People

17

above me step on me, bump me, wake me up when they are getting in

18

and out. We don't use the toilet in the cell because it is too

19

close quarters. I have noticed a lot of tension because of the

20

crowding. It is very stressful. I saw one fight because people

21

were getting nervous. Before I came to the jail I exercised by

22

riding a bicycle. I use the weights now and then. I try to sleep

23 while everybody goes to the gym. It is too crowded to exercise in

24

the cell or dayroom. The air is very stuffy and bad. It is a

25

26

A072 \l\ev.81821

• •

1

DECLARATION

2

3

I, Timothy Blake Pendergas, swear as follows:

4

I am a prisoner in the Fresno County Jail. I am housed in the

5

Old Annex, AJ-2-G-l. I have been there since I have been in the

6

jail. When I first got here there were nineteen people in the

7

cell. Now we are down to seventeen. There are twelve bunks in the

8

cell.

9

When there were nineteen in the ceil, twelve slept in a bunk

10

and seven on the floor. Of the seven, two slept on the left side

11

under the bunks, three slept on the right side under the bunk, one

12

slept under the phone booth and I sleep in the day area between the

13

tables. This lasted for the first week and a half while I was

14

there. I weight about 260 pounds and am 6' 2 1/2" tall. It is very

15

uncomfortable for me to sleep under a bunk. I get pains in side

16

of my leg from sleeping in the same position for so long. People

17

above me step on me, bump me, wake me up when they are getting in

18

and out. We don't use the toilet in the cell because it is too

19

close quarters. I have noticed a lot of tension because of the

20

crowding. It is very stressful. I saw one fight because people

21

were getting nervous. Before I came to the jail I exercised by

22

riding a bicycle. I use the weights now and then. I try to sleep

23

while everybody goes to the gym. It is too crowded to exercise in

24

the cell or dayroom. The air is very stuffy and bad. It is a

25

cesspool there. The vent system works but there are too many

26

people in too small a space.

A072 (R...8/821

• •

•

1

VERIFICATION

2

I declare under penalty of perjury that the foregoing is true

3 of my own personal knowledge and that I could testify to these

4 facts at trial.
0 0 4 5 Dated

r.5, 1991 at ';::ved~O Ca, California

6

7

8

9

10

11

12

13

•

14 15

16

17

18

19

20

21
22

23
24

25

26

•

27

28

•

1 DECLARATION
2

3 I, Richard Ruiz swear as follows:

4 I am a currently a prisoner in Fresno County Jail, South

5 Annex, first floor, Cell block A, Cell No.1 (AJIAI).

6 I have been incarcerated in the Fresno County Jail since

7 December 7, 1992.

8 The cell in which I am held in A pod is approximately 50 by

9 100 feet in dimension. The cell has many bunk beds of two or three

10

beds each for a total of seventy beds. since I have been

11

incarcerated, each of the seventy beds has been occupied. In

12 addition to the seventy prisoners who sleep on the beds, many more

13

inmates sleep on the floor on mattresses.

14

Up until Saturday, February 6, 1993, all seventy beds were

15

filled at all times. In addition, to these men, we had up to

16

twenty-five men sleeping on the floor, but usually twenty men on

17

the floor. Each of the twenty to twenty-five men slept on a

18

mattress on the floor, without a pillow. The overcrowded situation

19

made everyone tense and edgy. It· led to many fights and even

20

riots. Several inmates got beaten up badly without guards noticing

21

because the guards only supervise during the body count in the

22

morning and before bedtime. Some men sleep under the beds and some

23

in the aisles, wherever there is room.

24

Hen get stepped on very often because of the floor sleeping

25

situation.

26

The overcrowding leads to unsanitary conditions, including

A072 tRev.8/ 82)

,

•

1

mildew on the walls, plaster falling off the wall (stucco wire is

2

exposed}, plugged up toilets and sinks, pitch-black air filters for

3

the air-conditioning v.ents, among other conditions, including

4

cockroaches.

5

Our dayroom is part of our 50 by 100 foot room. It is only

6

two tables of six chairs each. The only time we get to leave this

7

room is to go to the gym twice a week. We can lift weights in

8

there and play ping pong. There is no basketball hoop. We have

9

two hours access to the gym, twice a week. Aside from this we only

10

leave the room for visitors and interviews.

1 1

. Beginning Saturday, February 6, 1993, men started being

12

removed from the cell. NOw there are less than seventy people in

13

the cell. Some beds are empty. This helps a lot. The situation

14

is less tense. Fewer fights have broken out, on a relative scale,

15

since then.

16

I declare under penalty of perjury that the foregoing is true

17

and correct.

Executed on ---------------------, at

18 ________________ , California.

19
RICHARD RUIZ
20

21

22

23

24

25

26

A072 (R... B/B21

~. I

II

' ·1

II 'l

,.
,. '. .
''I' "I.

I
'
~ : ., t,,·

II, I '

J

I, ,

, I

I ' I " '. 1,.1I.. I " I

., l' j' I .

.

I

'I. I .,'III . ". ..: '..~~.

' , I I

,":~,OJ '"

.-t\
,.,.rp.'-P.
1
.,1
: I

. ...
I
..', ',

 
 1 PHILLIP S. CRONIN, COUNTY COUNSEL

J. Wesley Merritt, Chief Deputy #071939

2 County of Fresno

2220 Tulare street, Fifth Floor

3

Fresno, CA 93721

r-__~4·_II__~T~elephone: (209) 488-3479

for Defendants F FRESNO, SHERIFF STEVE MAGARIAN

IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

. CRUZ, JOSEPH Q. KRUKOWSKI, )

D. CRUZ, DOUG MURPHY, JOHN )

11

TIM PENDERGAS, MANUEL BERTAO,)

-----~rTtr~~~!;~D. MHOANUTSEMRAON-S, ALCCHEADROLE, SAWNTIHLOCNOYX, ))

, RICHARD RUIZ, EDWARD

)

13

CONTRERAS, and all other similarly )

situated,

)

14

)

Plaintiffs,

)

15

)

v.

)

16

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

17 as SHERIFF,

)

)

18

Defendants.

)

)

19

-------------------------------)

No. F-93-5070 REC JFM
STIPULATION AND ORDER RE: PRELIMINARY INJUNCTION

20

On March 18, 1993, plaintiffs' application for a temporary

21 restraining order in the above matter came on for hearing before

22 U.S. Magistrate John Moulds in Courtroom No.8 of the above-

23

entitled Court. Plaintiffs were represented by Paul w.

24

Comiskey, attorney at law. Defendants were represented by J.

25 wesley Merritt, Chief Deputy County Counsel, Fresno county,

26 California.

27

The parties, through their respective counsel, stipulated

28
COUNTY OF FRESNO Fresno. California

that the Court order the following:
2-0

1
2 3 4 5
6 7
8
9
10
11
12 13 14 15 16 17 18 19 20 21 22 23 24 25
26
27 28
COUNTY OF FRESNO Fruno, California

• •
1. A hearing on plaintiffs' application for a preliminary injunction will be held on May 28, 1993, at 9:00 a.m., in Department 8 of the above-entitled Court.
Not later than May 28, 1993, defendants agree to do the following:
1. Add 144 beds to the North Annex facility. 2. Staff five additional correctional officers to the North Annex facility when the 144 beds are occupied. 3. continue to insure that no inmate will be forced to sleep on the floor of the South Annex facility. 4. Propose to this Court specific criteria of inmates for court ordered release to insure that the average daily population does not exceed the number of beds in each of defendants' three facilities, i.e., the Main Jail, North Annex, and South Annex. 5. Provide one hour daily exercise for inmates in the North Annex facility upon the additional staffing of five correctional officers to that facility. 6. Permit plaintiffs' exercise expert to visit the defendants' three facilities, and with input from defendants' recreational therapist, make recommendations for use of the day rooms for exercise in the day rooms of all housing floors in the Main Jail. Exercise facilities will be installed per recommendations so long as economically feasible and so as not to jeopardize security and safety as determined by defendants. 7. continue the existing exercise schedule in the Main Jail and South Annex as described in the Declaration of Lieutenant Doug papagni dated March 10, 1993.
2

.. . ,
1 2 3
4
5 6 7 8 9 10 11 12 13 14 15 16 17 18
19 20 21 22
23
24 25 26 27 28
COUNTY OF FRESNO Fre9l1o. Cl'llifomill

•
IT IS SO STIPULATED.
DATED: March~, 1993
DATED: March 1'1, 1993
IT IS SO ORDERED.
/J-I,./( DATED: HarSA /..1, 1993
A:Stip.CnlZ

•
Attorney at Law Attorney for Plaintiffs Chief Deputy County Counsel Attorney for Defendants
3

• •

1

DECLARATION OF SERVICE BY MAIL

2

3

I declare that I am over the age of eighteen years and not a

4

party to the within cause; my business address is 2308 J Street,

5

Sacramento, California.

6

On the date reflected below I served the attached

7

STIPULATION AND ORDER RE: PRELIMINARY INJUNCTION

8

in the United states mail at Sacramento, California, addressed as

9

follows:

10

J. Wesley Meritt

11

Deputy County Counsel County of Fresno

2220 Tulare Street

12

Fresno, CA 93721

13

I declare under penalty of perjury that the foregoing is true

14

and correct. Executed on March 26, 1993 at Sacramento, California.

15

~~~

Laurel Fryer-Smith 16

17

18

19

20

21

22

23
24

25

26

A072 IRev.81821

. .
1 2 3 4
5 6 7 8 9
10
11
12 13 14 15
16
17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Fresno, ClIli/arniu

• •

PHILLIP S. CRONIN, COUNTY COUNSEL r-
J. Wesley Merritt, Chief Deputy #0711939. county of Fresno 2220 Tulare street, Fifth Floor Fresno, CA 93721
Telephone: (209) 488-3479

F~LFD MAR I 5 1900

Attorneys for Defendants

ClERK. U.S. DISTRICT COURT

county

of

Fresno,

Sheriff

steve

Mag

-=:'"'''""=:;;-_ ian EASTERN DISTRICT Of CALIfORNiA
'--_ _B_ Y ___ _..::.o"'£P"'IJ.:..;T1'CLtRK

---I
I
I I
.~

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN B. CRUZ, JOSEPH Q. KRUKOWSKI, )

RUBEN D. CRUZ, DOUG MURPHY, JOHN )

COLE, TIM PENDERGAS, MANUEL BERTAO,)

and all others similarly situated, )

)

Plaintiffs,

)

)

vs.

)

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

as SHERIFF,

)

)

Defendants.

)

)

----------------------------)

I, DOUG PAPAGNI, declare:

NO. F-93-5070 REC JFM
DECLARATION OF DOUG PAPAGNI RE: APPLICATION FOR TEMPORARY RESTRAINING ORDER Date: March 18, 1993 Time: 9:00 a.m. Courtroom: No. 8

1. I am a Lieutenant employed in the Jail Division of the

Fresno County Sheriff's Department. I have been employed in the

Jail Division since July 7, 1972, and I have held the positions

of Correctional Officer and Correctional sergeant prior to being

promoted to Lieutenant on July 30, 1982. I hold certification in

both STC and POST Basic Intermediate and Advanced levels. I am

currently part of the California State Board of Corrections,

1993 Title 15 Standards Review Task Force.

'.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
26 27 28
COUNTY OF FRESNO Fresno, CllIifornill

•

2 . I have reviewed and am familiar with the pleadings and

application for a temporary restraining order in the above

matter. Summarily, the plaintiffs by this action are alleging

unconstitutional overcrowding in our downtown jail system,

insufficient exercise, and insufficient law library access.

3. The downtown Fresno jail system is comprised of three

facilities with the following state Board of Corrections ratings

and actual number of beds:

Board of Corrections Rating

Actual Number of Beds

1. Main Jail

424

1160

2. South Annex

511

845

3. North Annex

288

288

Attachment "A" shows inmate populations on a daily basis taken at 0001hrs. This population accounting is broken down by facility.

4. The South Annex is a four-floor facility as to which

the third and fourth floors are presently being remodeled. The

remodeling project commenced in January of this year and is

scheduled for completion in January 1994. During this project,

it was necessary to vacate approximately 434 inmates from the

third and fourth floors and relocate them to one of the two

remaining downtown detention facilities, namely the Main Jail

and North Annex. It was also necessary to temporarily close the

rooftop exercise area since the remodeling project makes it

impossible to safely and securely transport inmates up through

the third and fourth floor construction areas to the roof.

5. I have reviewed the 11 inmate declarations originallY

filed in support of the application for temporary restraining

2

. .
1 2
3 4 5 6 7
8
9 10 11 12 13 14 15 16 17 18 19 20 21
22
23 24 25 26 27 28
COUNTY OF FRESNO FU",flO, Cnlifomin

• •
order. Eight of the eleven declarants allege overcrowding in the South Annex. I admit that the number of inmates in the South Annex exceeded the number of beds available both before and after the commencement of remodeling. However, since February 7, 1993 inmates have not been forced to sleep on the floor in the South Annex Jail. Inmates in excess of beds available have been moved to other facilities.
6. At the time of this declaration, the number of inmates in the Main Jail and North Annex exceeds the number of beds available in both facilities. Prior to commencement of this lawsuit, arrangements had been made to triple bunk the North Annex, which presently is only double bunked. (The majority of the cells in the Main Jail have been triple bunked since September 1991). This would add 144 beds and further relieve the problem of inmates being forced to sleep on the floor. By this application for temporary restraining order, plaintiffs seek a court order prohibiting such triple bunking or otherwise adding any additional beds to our system. Therefore, we have delayed proceeding. However, upon order of this Court so permitting, we will proceed promptly to triple bunk the North Annex.
7 . In addition to triple bunking the North Annex, we would stipulate to an order by this Court to release inmates from custody in specified criteria analogous to orders from the Fresno County Superior Court in the mid-1980's in Case Nos. 286040-1, 316580-0, and 308318-5. Specifically, we would stipulate to an order by this Court that as is necessary to insure that no inmate is forced to sleep on the floor, the
3

1 2
3 4 5 6 7 8 9
10
11
12
13
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Fresno. CllIiforniu

• •
Sheriff's Department Jail Division shall release inmates in the following categories:
1. Release sentenced inmates up to 5 days early provided that the number of days that release is accelerated shall in no case exceed 10% of the inmate's original sentence, prior to the application thereto of any other credits or benefits authorized by law. (See California Penal Code Section 4024.1)
2. Release sentenced inmates up to 3 days early for family emergencies or for purposes preparatory to the inmate's return to the community. (See California Penal Code Section 4018.6)
3. Release pre-trial inmates accused of misdemeanor violations with or without warrants whose bail is $2,000 or less. Such inmates shall sign a promise to appear as set forth in California Penal Code section 853.6.
4. Release pre-trial inmates accused of nonviolent felony offenses not against persons with bail of $2,000 or less. Such inmates shall sign a promise to appear as set forth in California Penal Code section 853.6.
5. Release inmates accused of parole violation who have no open local charges and who have been in the Sheriff's custody for at least five full court days.
6. Release sentenced misdemeanants who have 10 days or less remaining on their sentence who have
4

1 2
3 4 5 6 7 8 9
10
11 12 13 14 15 16 17 18 19 20 21 22 23 24
25 26 27 28
COUNTY OF FRESNO Frnl1oO, Cldifomin

• •
served at least one-half of their sentence. 7. Release sentenced felons convicted of non-
violent offenses not against persons, who are serving a local sentence and have 10 days or less remaining on their sentence and who have served at least one-half of their sentence.
8. Release sentenced misdemeanants who have 30 days or less remaining on their sentence who have served at least one-half of their sentence.
9. Release sentenced felons convicted of nonviolent offenses not against persons who have 30 days or less remaining on their sentence and who have served at least one-half of their sentence.
10. Release sentenced misdemeanants convicted of non-violent offenses not against persons who have 60 days or less remaining on their sentence and who have served at least one-half of their sentence.
11. Release sentenced felons convicted of nonviolent offenses not against persons, who are serving a local sentence and have 30 days or less remaining on their sentence and who have served at least one-half of their sentence. The above eleven (11) release criteria have been tailored to work with the triple bunking of the North Annex Jail. If both elements are not possible it will be difficult or impossible to achieve the goal of no floor sleepers in any of the Fresno County Detention Facilities. We further seek a provision in such order that if
5

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4
5 6
7
8 9 10
11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Frelno. Cllllifornia

• •
exhaustion of the above criteria results in inmates still being forced to sleep on the floor, the plaintiffs or defendants may petition for modification of the order to expand the criteria.
8. By triple bunking the North Annex and releasing inmates under the scheme described above, we will be able to insure a bed for every inmate in our system.
9. The average length of stay for inmates in our downtown jail system is 25.34 days. Therefore, it is less burdensome on inmates that our jail population exceeds state Board of Corrections ratings.
10. We offer an exercise program for inmates in the downtown jail system. Inmates in the North Annex visit a gymnasium twice weekly for one and one-half hours each visit. Active recreation is available in this facility which includes access to weight equipment, basketball facilities, ping pong and recreational reading material. This facility allows direct access to sunlight and the outer atmosphere via secure louvers located on the exterior wall.
Inmates in the Main Jail visit an indoor gymnasium once weekly and a rooftop exercise area once weekly for one and onehalf hours each visit. The gymnasiums allow access to weight equipment, game tables, and recreational reading material. The rooftop exercise area also has weight equipment, basketball facilities and ping pong tables.
Inmates in the South Annex visit an indoor gymnasium twice weekly for two hours each visit because the rooftop exercise area is temporarily closed during the remodeling project described above in paragraph 4. That gymnasium allows access
6

1 2 3 4 5 6 7 8 9
10 11
12 13 14 15 16 17 18 19 20 21 22
23
24 25 26 27 28
COUNTY OF FRESNO F'tI$no, California

• •
to weight equipment, ping pong tables, and recreational reading material.
The Fresno County Sheriff's Department employs three (3) full time recreational therapists. They are responsible for establishing recreational activities for the inmates, purchase and maintain equipment, direct and advise inmates in physical and recreational activities, and providing the Sheriff's Department with professional recommendations in the area of inmate recreational needs.
11. The inmate law library for the downtown jail system is located on the second floor of the South Annex. It has an ample inventory of California and federal statutory and case law as well as treatises and other texts directly suitable for inmate use. A law librarian is available to assist inmates. There are typewriters, a copy machine, and writing supplies available.
Inmates may request access to the law library by completing a request slip and are thereupon provided one hour per week. If inmates desire additional time, they must complete another request slip indicating how much additional time they desire and why additional time is requested. The librarian schedules additional time for inmates based upon comparative need and within the library schedule. Inmate declarants Bertao, John Cruz, Ruben Cruz, and Krukowski all complain about inadequate law library access. To date, these inmates have not used any administrative remedies (inmate grievance, writ of habeas corpus, verbal petition to the court of jurisdiction) to address their individual complaints as they relate to access to
7

"
1
2
3 4 5 6 7
8
9 10 11 12 13 14 15
16 17
18 19 20
21
22 23 24 25 26 27
28
COUNTY OF FRESNO F,.t~no, California

• •

the inmate law library.

12. While the adequacy of medical and dental care is not

raised in the Second Amended Complaint, some of the inmate

declarants allege slow and/or inadequate response to such

inmate needs. without specific information, we cannot

investigate such general allegations. However, the Fresno

County Health Department operates complete medical and dental

facilities in our downtown system. Inmates may request medical

and dental visits by completing a "medical" inmate request

slip, indicating thereon whether they consider the matter an

"emergency". Thereupon, inmates are seen in the Jail Infirmary

in order of priority. Problems of a more serious nature are

treated at the County hospital, Valley Medical Center.

I have personal knowledge of the foregoing facts and if

called as a witness I can competently testify thereto.

I declare under penalty of perjury that the foregoing is

~~ay true and correct. Executed this

of March, 1993, at

Fresno, California.

Declarant

A:Pllpllgni.dcc

8

t.'C

•;: .'

"",'

\.

•
FILED

1

PAUL W. COMISKEY (Bar No. 65510)

2308 J Street

2

P.O. Box 1019

Sacramento, CA 95812-1019

3

(916) 442-6868

1>1AR I 9 1993
CLERK, u.s. DISTRICT COURT
EASTERN DISTRICT OF CAliFO BY -----;=;;;-;:\-mf;'-

4

RICHARD P. HERMAN (Bar No. 53743)

24012 Calle de la Plata, suite 330

5

Laguna Hills, CA 92653

(714) 768-3601 6

MICHAEL D. LONG (Bar No. 149475)

7

2308 Street, suite D

P. o. Box 163354

8

Sacramento, CA 95816-9354

(916) 448-1708 9

Attorneys for Plaintiffs 10

11

12

13

IN THE UNITED S~ATES DISTRICT COURT

14

EASTERN DISTRICT OF CALIFORNIA

15

JOHN B. CRUZ, et al., and all those)

16

similarly situated,

)

) NO. F-93-5070 REC JFM

17

)

Plaintiffs,

)

18

) DECLARATION OF

vs.

) EDWARD CONTRERAS

19

) IN SUPPORT OF

COUNTY OF FRESNO, STEVE MAGARIAN, ) APPLICATION FOR

20

as SHERIFF,

) TEMPORARY RESTRAINING ) ORDER AND ANCILLARY

21

Defendants.

) RELIEF

)

22

) Date: March 18, 1993

) Dept. 8

23 -----------------------------)

24 , 25
26

I, Edward Contreras, swear as follows:

'3 · I am a prisoner in the Fresno County Jail, North Annex. I was

arrested on February 6,

was booked in this facility. I

AO 72 \11. . ,8/821

• •

1

am presently housed in the New Jail 2-F-l. This pod has two

2

dormitory spaces. There are seven rooms of four bunks on the

3

bottom. Each bunk has two beds. About fifteen prisoners are

4

sleeping on the floor. They sleep between the bunks, behind the

5

bunks and behind the stairway. From the time I got here until last

6

night I slept on the floor. It is too crowded in the jail. People

7

have to stand in line to get their food and to be counted. People

8

have a tendency to get in front because of the crowding. When I

9

slept on the floor I was kept aware at night by people going

10

upstairs to use the restroom. One section of the pod is the

11

dayroom. There are for places at each table and twelve tables.

12

There is not enough space at the tables.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

A072 (Rev.8182)

,? .

•

1

•
VERIFICATION

2

I declare under penalty of perjury that the foregoing is true

3 of my own personal knowledge and that I could testify to these

4 facts at trial.
5 Dated ::J. '-- ( 9' -.. q 3 C , 1991 at t5?Lo-5~ r:/-eal Hornia

6

7

8

!l

10

11

12

13

14

15

16

17

18

1!l

20

21

22

23

24

25

26

27

28

,- .-

•

FILED

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
25 26
AO 72 IRev.B/B21

PAUL W. COMISKEY (Bar No. 65510) 2308 J Street P.O. Box 1019 Sacramento, CA 95812-1019 (916) 442-6868
RICHARD P. HERMAN (Bar No. 53743) 24012 Calle de la Plata, suite 330 Laguna Hills, CA 92653 (714) 768-3601
MICHAEL D. LONG (Bar No. 149475) 2308 J street, suite D P. o. Box 163354 Sacramento, CA 95816-9354 (916) 448-1708
Attorneys for Plaintiffs

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN B. CRUZ, JOSEPHQ. KRUKOWSKI, )

RUBEN D. CRUZ, DOUG MURPHY, JOHN .)

COLE, TIM PENDERGAS, MANUEL BERTAO, )

ROGER.D. HAUSMAN, CHARLES WILCOX, )

REBECCA MONTERO-SALCEDO, ANTHONY

)

SHERWOOD, RICHARD RUIZ, EDWARD

)

CONTRERAS, and all others similarly )

situated,

)

)

Plaintiffs,

)

)

vs.

)

)

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

as SHERIFF,

)

,,)

Defendants.

)

------------------------~-----)

NO. F-93-5070 REC JFM
EXHIBIT IN SUPPORT OF APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ANCILLARY RELIEF
",' Date: March 18, 1993 Time: 9:00 a.m. Courtroom: No. 8

(2--

~ROM : Direct superViS4lli Institute PHONE NO.

P03

DECLARATION
I, W. Raymond Nelson, swear as follows:
1. I am a criminal justice consultant specializing in jails who has been retained as the plaintiffs corrections expert.
2. On Thursday. March 4, 1993, I toured the South Annex, the Main Jail and the North Annex of the Fresno County Jail system.
sournANNEX
3. The South Annex is a grossly overcrowded obsolete facility that 1 understand
was built in 1946 and was later elCpanded in the 1960ies. Its California Board of Corrections rated capacity of 511 is based on the standards in effect in 1963. The third and fourth floors are presently being renovated and are not in use thus reducing the board rated capacity by 298 to 213 for the duration of the renovation. This renovation activity also prevents access to the exercise space on the roof. Because of the design deficiencies characteristic of that period. inmate supervision is intermittent and in my opinion inadequate. The appropriation of public funds to perpetuate the existence of this obsolete and inaaequate detention facility demonstrates a deliberate indifference by county decision makers to the safety 9f both staff an? inmate.s. Becaus~ of basic desi~!1.inadequacics a1!d the ou~dated 1%3 standards bemg apphed to arnve at the facilities rated capacity, I beheve that none of the
housing components of this facility should exceed board rated capacity. While I am not certain what kind of conditions would shock the public conscience, the goss
overcrowded conditions of some of the housing areas that I observed in the South Annex shocked my conscience. a conscience jaded by over 35 years working in and observing a large number of American and European jails.
MAIN JAIL
4. The Main jail, which was opened in 1989, was contemporarily designed to
imrrove the staffs observation of inmates. The large 96 square feet "medium security cells in the general population pods are equipped with three bunks and the 80 square feet "maximum security" cells are equipped with ont: bunk. Durill~ my visit I observed foul' inmates in a "medium securitr cell and two inmates in a 'maximum
seeul'ity" cell. On the day I visited the mam jail there were approximately 1,203 prisoners (1:00 AM count 3/4/93) in custudy. This population is 284% of its 424
board rated capacity. This excessive degrcc of overcrowding seriously impedes the ability of the limited staff de(lloyed in this jail to effectively supervise the inmates housed there-in. The capacities established by the California Board of Corrections are established to protect the safety of both staff and inmates. It is reasonable to anticipate that as the degree of non-compliance with these standards increases the safety of staff and inmates are proportionatel~ jeopardized. While I do not know any more than the news paper accounts of a prisoner being strangled to death by his cell mate in one of these "medium security" cells in April 1992 and an officer being

FROM Direct superviilli Institute PHONE NO. : 303 69~296

P02

injured by inmates taking his keys during a disturbance in February 1993, such occurrences are not inconsistent with the kind of incidents that the state standards
were intended to prevent. Because of the improved design of the Main Jail in con-
trast to the South Annex, I believe that the current board rated capacity could be exceeded by as much as 100% in the "medium security" cells. However, inmates placed in "maximum security" cells because of their aggressive behavior should not be housed in the same cell with another inmate. A 200% of board rated capacity limitation on the main jail is, in my opinion, a reasonable accommodation of the
defendants housing needs and the safety needs of staff and inmates.
NORTH ANNEX
5. The Nortll Annex consist of six 48 bed dormitor'j peds that are continuously
observed by an officer in a glass enclosed observation tower and by two officers supervising the inmates. On the night shift, only one officer is assigned in addition to the tower officer. This facility was recently opened in January 1993 wilh a board rated capacity of 288. If population is to be added to the system the design of this
building will accommodate it the best. However, I do not believe it is reasonable to
expect the same number of staff to supervise an additional 144 inmates. Each inmate placed in these housing areas generates an incremental number of supervisory tasks that the housing officer should perform to maintain safe secure custody. The officer in the housing tower is limited to observing, opening doors, answering telephones. and operating the PA system. Under current conditions, this leaves only two officers to supervise 144 inmates per officer in three different pods. This current ratio of 1:144 on the day and evening shifts already exceeds the limits of rea-
sonable supervision. To add 144 inmates without increasing the staff by at least one housing officer l'ostler shift would, in my opinion, be a reckless disregard for the
safety of the staff an inmates in the North Annex.
I dedare under pennity of perjury that the foregoing is true and accurate to the best
of Ill}' personal knowledge and belief; and that, if called UPOIl to testify, I would
testlty to the same.
Declared this 17th day of March, 1993 in Denver, Colorado.

W. Raymond Nelson

l\.

•

1

PAUL W. COMISKEY (Bar No. 65510)

2308 J Street

2

P.O. Box 1019

Sacramento, CA 95812-1019

3

(916) 442-6868

4

RICHARD P. HERMAN (Bar No. 53743)

24012 Calle de la Plata, suite 330

5

Laguna Hills, CA 92653

(714) 768-3601 6

MICHAEL D. LONG (Bar No. 149475)

~_____'_7~I___ ~jUD1J

, Suite D

8
,,"')
~,,~...:- .
UJ

163354

~cl~I·'n~lto

95816-9354

for Plaintiffs

(!J

0

0
.....J 14

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

15

JOHN B. CRUZ, JOSEPH Q. KRUKOWSKI, )

16

RUBEN D. CRUZ, DOUG MURPHY, JOHN

)

COLE, TIM PENDERGAS, MANUEL BERTAO, )

17

ROGER D. HAUSMAN, CHARLES WILCOX, ) NO. F-93-5070 REC JFM

REBECCA MONTERO-SALCEDO, ANTHONY

)

18

SHERWOOD, RICHARD RUIZ, EDWARD

)

PROPOSED TEMPORARY

CONTRERAS, and all others similarly ) RESTRAINING ORDER

19

situated,

)

)

20

Plaintiffs,

)

)

21 vs.

)

)

22

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

23

as SHERIFF,

)

)

24

Defendants.

)

-----------------------------)
25

26

AO 72 \R. .:8f821

•

•

1

1. All prisoners admitted to the South Annex, Main Jailor

2

North Annex of the Fresno county Jail system shall be assigned a

3

permanent bunk within a reasonable period of time after entry into

4

that facility.

5

2. The Sheriff is forbidden to cause any prisoner in this

6

facility to sleep on the floor.

7

3. The population of the South Annex is limited to 213

8

prisoners on the first and second floors. When the third and

9

fourth floors are remodeled the total population shall be limited

10

to the Board rated capacity of 511. The limits on individual

11

housing units shall be the Board rated capacity for each of those

12

particular units.

13

4. The population of the Main Jail shall be limited to 848

14

prisoners. There shall not be more than one prisoner housed in

15

each of the maximum security cells in-the Main Jail.

16

5. The North Annex of the Fresno county Jail shall be

17

limited to a population of 144 inmates. There shall be no

18

additional bunks added to the North Annex during the pendency of

19

this action. Defendants, however, may add an additional 144 bunks

20

to this facility provided that they add an additional staff person

21

to each shift to supervise the prisoners.

22

The Sheriff may release prisoners when the population of

23

anyone of these facilities reaches ten percent of the capacity set

24

by this court, and the Sheriff shall release prisoners when the

25

population exceeds this capacity.

26

Prisoners shall be released in accordance with the

A072 \R"",8f821

• .'

1 following criteria:

2

1. Release sentenced inmates up to five days early provided

3 that the number of days that release is accelerated shall in no

4 case exceed ten percent of the inmates original sentence, prior to

5 the application thereto of any other credits or benefits authorized

6

by law. (California Penal Code Section 4024.1)

7

2. Release sentenced inmates up to three days early for

8 family emergencies or for purposes preparatory to the inmates

9 return to the community. (California Penal Code section 4018.6)

10

3. Release pre-trial inmates accused of misdemeanor

11

violations with or without warrants who's bail is $2000 or less.

12 Such inmates shall sign a promise to appear as set forth in

13 California Penal Code section 853.6.

14

4. Release of pre-trial inmates accused of non-violent

15 felony offenses not against persons with bail of $2000 or less.

16 Such inmates shall sign a promise to appear as set forth in

17 California Penal Code Section 853. 6.

18

5. Release.inmates accused of parole violation who have no

19 open local charges and who have been in the Sheriff's custody for

20 at least five full court days.

21

6. Release sentenced misdemeanants who have ten days or less

22 remaining on their sentence have served at least one-half of their

23 sentence.

24

7. Release sentenced felons convicted of non-violent

25 offenses not against persons, who are serving a local sentence and

26 have ten days or less remaining on their sentence, and who have

AO 72 \1\.. ,8182\

•

•

1

served at least one-half of their sentence.

2

8. Release sentenced misdermeanants who have thirty days or

3

less remaining on their sentence, and who have served at least one-

4

half of their sentence.

5

9. Release sentenced felons convicted of non-violent

6

offenses not against persons who have thirty days or less remaining

7

on their sentence, and who have served at least one-half of their

8

sentence.

9

10. Release sentenced misdermeanants convicted of nonviolent

10

offenses not against persons who have sixty days or less remaining

11

on their sentence, and who have served at least one-half of their

1 2

sentence.

13

11. Release sentenced felons convicted on non-violent

14

offenses not against persons who are serving a local sentence, and

15

have thirty days or less remaining on their sentence, and who have

16

served at least one-half of their sentence.

17

The Sheriff is ordered to release prisoners in accordance with

18

these criteria from any of the facilities in the Fresno county Jail

19

system in order to achieve the population limits on the South

20

Annex, Main Jail and North Annex.

21

If the population of the South Annex, Main Jail and/or North

22

Annex exceeds the limits set by this Order at anytime, the Sheriff

23

shall apply within fifteen days to this court for an Order for

24

additional release criteria to effect the population limits of this

25

Order.

26

12. During the pernancy of this action no beds shall be added

A072 tROII.SIS2}

• •

1

to the South Annex, Main Jail and North Annex with the exception

2

of the possibility of adding bunks to the North Annex as long as

3

the additional staff is added.

4

5

Dated:

6

7

8

9

10

1 1

12

13

14

/
UNITED STATES MAGISTRATE JUDGE
--I ()

15 16 17 18 19

20 21 22 23 24 25 26

A072 111011,81821

 
 • •

__fiLED
2

3

MAR 81994

4

CLERK U S DISTRICI COURT [AS1ERN'DISTRICT Of CALIFORNIA

OY _

5

DEPUTY ClERI'

6

7

8

9

IN THE UNITED STATES DISTRICT COURT

10

FOR THE EASTERN DISTRICT OF CALIFORNIA

11 JOHN B. CRUZ, et al.,

12

Plaintiff,

13

vs.

14 COUNTY OF FRESNO, et al.,

15

Defendants.

No. CIV F-93-5070 GGH ORDER

16

/

17

Plaintiffs, John B. Cruz, et al., and defendants county

18 of Fresno, et al., have reached a mutual agreement as to the terms

19 of a Stipulated Settlement Order to be entered in the above-

20 referenced matter. In connection with the proposed Stipulated

21 Settlement order lodged on February 10, 1994, and signed by the

22 court on February 25, 1994, the court now issues the following

23 order:

24

1. within five (5) days of the filed date of this

25 order, defendants shall post copies of this Order with the

26 attached proposed Stipulated Settlement Order as well as the

1
AO 72 (Rev 8182)

• •

attached Settlement Notice on every floor level of the Fresno

2 county Jail complex such that the inmates of said institutions

3 have reading access to the postings;

4

2. Within five (5) days of the filed date of this

5 order, counsel for plaintiffs shall serve all named plaintiffs

6 with a copy of this Order and all attachments by mail at the last

7 address of record for each named plaintiff; and

8

3. This matter is scheduled for hearing before the

9 undersigned magistrate judge on April 7, 1994, at 9:00 a.m. in

10 Courtroom 10, at which the court shall hear evidence and argument

11 relating to the fairness, reasonableness and adequacy of the

12 settlement.

13

IT IS SO ORDERED.

14 Dated: March ~ , 1994.

15
16
17 GGH:gh:dn
Cruz.not
18

u.S.

G. HOLLOWS ·strate Judge

19

20

21
22

23 24

25

26

2
AO 72 (Rev.8/82)

• •

SETTLEMENT NOTICE

On April 7, 1994, a hearing will be held before the

Honorable Gregory G. Hollows, at 10:00 a.m., in Courtroom 10, in

the United States Courthouse, 650 Capitol Mall, Sacramento,

California, 95814, at which time the court shall hear evidence

and argument relating to the fairness, reasonableness and

adequacy of the settlement. Any person who wishes to object to

the approval of the settlement agreement must file objections, in

writing, with the Clerk of the United States District Court,

Eastern District of California, bearing the caption JOHN B. CRUZ.

et al. v. COUNTY OF FRESNO. et. al., CIV-F-93-5070 GGH, with

copies of the objections personally served or served by

depositing the objections in the United States mail, first class

postage pre-paid, upon the following counsel:

FOR PLAINTIFFS

FOR DEFENDANTS

PAUL COMISKEY 2308 J Street, Suit C P.O. Box 1019 Sacramento, CA. 95812

JOHN HAGAR P.O. Box 86935 Los Angeles, CA 90086-0935

Said objections shall be filed in the court and served by

plaintiff's counsel no later than five (5) court days prior to

the hearing date set forth above, that is, no later than January

10,1994.

The court will not consider arguments or objections

raised by you at the hearing unless you have first filed your

objections in writing in accordance with this Notice. No

personal appearance need be made for the court to consider

written objections.

 
 ,

1
2
3 4 5 6 7
8
9 10 11 12 13 14 15 16 17 18 19 20 21
22 23 24 25 26 27 28
COUNTY OF FRESNO fre.no, California

JOHN HAGAR, Esq.

Attorney at Law

P.O. Box 86935 Los. Angeles, CA 90086-0935

I

f

J PHILLIP S. CRONIN, COUNTY COUNSEL.

AUG - 9 ~

J J. Wesley Merritt, Chief Deputy #;07193,____..,,_.

County of Fresno 2220 Tulare Street, Fresno, CA 93721

Fifth Floor

1 . CLERK, U.s. "'$I~:I:T'-r

J ::;"TERN DISTRICl, C'. 'ORNIA

r ...

. ----..:- ---
-"~-~"'-.--

-:.....~ -__ _J

Telephone: (209) 488-3479

Attorneys for Defendants County of Fresno, Sheriff Steve Magarian

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

JOHN B. CRUZ, et al.,

)

)

)

Plaintiffs,

)

)

vs.

)

)

COUNTY OF FRESNO, STEVE MAGARIAN, )

as SHERIFF,

)

)

Defendants.

)

)

NO. F-93-5070 JFM P
AMENDED STATUS CONFERENCE REPORT SANS EXHIBITS
Date: August 12, 1993 Time: 11:00 a.m. Courtroom: No. 8

---------------------------)

Defendants COUNTY OF FRESNO and FRESNO COUNTY SHERIFF STEVE

MAGARIAN offer the following status conference report in

connection with the status conference set for August 12, 1993,

in the above matter.

On July 12, 1993, the Court signed a stipulated order for a

permanent injunction on the North Annex; and a preliminary

injunction on the South Annex and Main Jail. As discussed

below, defendants are in full compliance with such order.

1
2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
COUNTY OF FRESNO Fri.no. Clllifor~o

I. MAIN JAIL
Pursuant to paragraph 6 of the order, defendants have obtained the approval of the California Board of Corrections at its July 15, 1993, meeting of a pilot project to operate the Main Jail at the rated capacity of 1,064 inmates. A copy of the pilot project is attached hereto as Exhibit A.
Under the pilot project, sixteen "general population" housing pods will be triple bunked (768 beds) and operated as dormitories with the cell doors unlocked continuously, thereby allowing continuous day room access. Eight "special handling" housing pods will be double bunked (256 beds) with those inmates having controlled access to the day room. Forty "administrative segregation" cells will be used for single occupancy housing (40 beds).
One additional shower will be installed in each general population pod. staffing will be increased with the addition of seven Correctional Sergeants, seventeen Correctional Officers, and one Office Assistant. Also, while not mandated by the terms of the pilot project, defendants have elected to (1) acoustically treat the ceilings of all housing areas to substantially reduce the noise level; and (2) add isometric exercise equipment to the day room of each pod.
The pilot project will be phased in floor by floor pursuant to the "staffing/renovation transition plan" attached hereto as Exhibit B.
Plaintiff's counsel was provided a copy of the pilot project and appeared and addressed the Board of Corrections at
2
!

,

1 2 3 4
5 6
7 8 9 10 11 12 13 14 15 16 17 18 19
20
21 22 23 24 25 26 27 28
COUNTY OF FRESNO Fresno, CalifDrill.

the meeting on July 15, 1993. Pursuant to paragraph 7 of the Order, defendants will continue to meet and confer with plaintiffs' counsel and report to the Court as directed concerning the status of the Main Jail.
II. SOUTH ANNEX Pursuant to paragraph 3 of the Order, the defendants have operated the first two floors at the indicated housing unit capacities. Pursuant to paragraph 4 of the Order, the defendants have substantially modified the first floor dormitories by decreasing the number of beds in each dormitory and thereby increasing day room space; adding chairs, tables, and wall mounted indoor recreation equipment; and improving the lighting. The defendants anticipate communicating with plaintiffs' counsel regarding the future of the South Annex by November 15, 1993. A key factor in this decision is the success or failure of a state sales tax measure and possible County sales tax measure in the November 2, 1993, election.
III. GENERAL Pursuant to paragraph 8 of the Order, on July 9, 1993, plaintiff's counsel and their recreation expert toured the three facilities (Main Jail, South Annex, and North Annex) and examined defendants' existing recreation facilities and schedules. Plaintiff's counsel has represented that they will communicate their proposals on recreation to defendants but have not done so at the time of this report.
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6 7 8 9 10 11
12 13 14 15 16 17 18 19 20 21 22 23
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25 26
27 28
COUNTY OF FRESNO Frllno. California

with respect to discovery, plaintiffs' counsel, their general corrections expert, and their recreation expert have toured defendants' facilities on March 4, May 14, and July 9, 1993. These tours were accommodated without a formal discovery request. Also, defendants have responded to plaintiff's First Request for Production of Documents, and have furnished various jail records and reports as requested.
Respectfully submitted,
PHILLIP S. CRONIN County Counsel
{),w~77~
By J. WESLEY MERRITT Chief Deputy County Counsel Attorneys for Defendants
A:CruZ.StatusRpt
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DATE:

July 26, 1993

TO:
FROM:

Captain T. Ga~t't ~
Lt. D. Papagni\.)1

SUBJECT:

Pilot Project Staffing and Capital Project Transition Plan

CAPITAL PROJECT

It will be necessary to vacate an entire housing floor of the Main Jail to install new showers in each pod and apply the acoustic material to the ceiling. This will require the relocation of 250 inmates for approximately six months.

This can be accomplished by moving the female inmates from the 6th floor of the Main Jail to the 3rd floor of the South Annex Jail. The showers and acoustics would be installed simultaneously on the 6th floor. When complete inmates from the 5th floor would be relocated to the 6th and so forth until the project was complete.

Relocation of an entire floor is felt to be the best alternative for three reasons;

I. Construction could be accomplished without security concerns of a partially occupied housing area.

2. Construction would be quicker and more efficient.

3. This plan would not require any additional staff, or the release of inmates.

The Main Jail project cannot begin until the asbestos removal is complete on the 3rd floor of the South Annex Jail. Estimates are the asbestos removal will not begin until October of this year and fully completed until January of 94. I suggest that the project be done in phases
m. (3rd floor phase I and the 4th floor phase This will allow for earlier occupation of the
3rd floor.

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STAFFING/RENOVATION TRANSITION PLAN
The pilot project requires the addition of 17 Correctional Officers 7 Correctional Sergeants and 1 Office Assistant.
The following represents the phased plan by which the Jail Division would commit to perform the functions and assign adequate staffing. Vacancies will be filled via the normal hiring and promotion process. Until which time the newly created vacancies are filled, vacant positions and staff shortages will be covered by current staff and on overtime.
*September 1, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following;
Population Management Team One (1) Correctional Sergeant Four (4) Correctional Officers One (1) Office Assistant
The Sheriff s Jail Division shall fill all Population Management Team Positions
*October 1, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following;
Supervision Seven (7) Correctional Officers Watch I Sis (6) Correctional Sergeants Asbestos removal 3rd Floor South Annex Jail Complete Vacate 6th Floor Main Jaill transfer inmates to 3rd Floor South Annex Begin Phase" A" renovations; installation of showers and acoustics on 6th Floor Main Jail
* November 1, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following:
Meal Break Relief Three (3) Correctional Officers Watch I Three (3) Correctional Officers Watch III

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*December 1, 1993

Phase" A" renovation of 6th Floor Main Jail complete Relocate inmates from 5th Floor Main Jail to 6th Floor Main Jail Phase·A" Pilot Project begins on 6th Floor Main Jail (cap, 250 inmates) Fill additional fixed post on 6th Floor Main Jail Watch I (2) Correctional Officers
Fill additional fixed post meal relief officers on Watch I and Watch III (6) Correctional Officers Fill additional Supervisory positions on Watch I (2) Correctional Sergeants
Begin Phase "8" renovations; installation of showers and acoustics on 5th Floor Main Jail

*January 15, 1993
Board of Corrections to conduct facilities inspections
*February 1, 1994
Phase "8" renovation of 5th Floor Main Jail complete Relocate inmates from 4th Floor Main Jail to 5th Floor Main Jail Phase "8" Pilot Project begins on 5th Floor Main Jail (cap_ 250 inmates) Fill additional fixed post on 5th Floor Main Jail Watch I (2) Correctional Officers Fill additional Supervisory positions on Watch II (2) Correctional Sergeants Begin Phase "C" renovations; installation of showers and acoustics on 4th Floor Main Jail
*April 1, 1994
Phase "C"renovation of 4th Floor Main Jail complete Relocate inmates from 3rd Floor Main Jail to 4th Floor Main Jail Phase "C" Pilot Project begins on 4th Floor Main Jail (cap_ 250 inmates) Fill additional fixed post on 4th Floor Main Jail Watch I (2) Correctional Officers Fill additional Supervisory positions on Watch III (2) Correctional Sergeants Begin Phase "D" renovations; installation of showers and acoustics on 3rd Floor Main Jail

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*June 1, 1994
Phase "D" renovation of 3rd Floor Main Jail complete Relocate inmates from 3rd Floor South Annex to 6th Floor Main Jail Phase "D" Pilot Project begins on 3rd Floor Main Jail (cap. 250 inmates) Fill additional fixed post on 3rdFloor Main Jail Watch I (1) Correctional Officer Pilot Project in full effect, facility capacity 1064, begin monitoring and reporting to BOC
*June 15, 1994
BOC re-inspection of Main Jail
*July 1, 1994
NIC (National Institute of Corrections) to be contacted to begin the applications process for Main Jail Staffmg Study.

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STAFFINGIRENOVATION TRANSITION PLAN
The pilot project requires the addition of 17 Correctional Officers 7 Correctional Sergeants and 1 Office Assistant.
The following represents the phased plan by which the Jail Division would commit to perform the functions and assign adequate staffing. Vacancies will be filled via the normal hiring and promotion process. Until which time the newly created vacancies are filled, vacant positions and staff shortages will be covered by current staff and on overtime.
*September 1, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following;
Population Management Team One (1) Correctional Sergeant Four (4) Correctional Officers One (l) Office Assistant
The Sheriffs Jail Division shall fill all Population Management Team Positions
*October 1, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following;
Supervision Seven (7) Correctional Officers Watch I SQ{ (6) Correctional Sergeants Asbestos removal 3rd Floor South Annex Jail Complete Vacate 6th Floor Main Jail/ transfer inmates to 3rd Floor South Annex Begin Phase" A" renovations; installation of showers and acoustics on 6th Floor Main Jail
* November I, 1993; Board of Supervisors, modify 3410 salary resolution to include the
following:
Meal Break Relief Three (3) Correctional Officers Watch I Three (3) Correctional Officers Watch III

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*December 1, 1993
Phase "A" renovation of 6th Floor Main Jail complete Relocate inmates from 5th Floor Main Jail to 6th Floor Main,Jail Phase"A" Pilot Project begins on 6th Floor Main Jail (cap. 250 inrnates) Fill additional fixed post on 6th Floor Main Jail Watch I (2) Correctional Officers Fill additional fixed post meal relief officers on Watch I and Watch III (6) Correctional Officers Fill additional Supervisory positions on Watch I (2) Correctional Sergeants Begin Phase "8" renovations; installation of showers and acoustics on 5th Floor Main Jail
*January 15, 1993
Board of Corrections to conduct facilities inspections
*February 1, 1994
Phase "8" renovation of 5th Floor Main Jail complete Relocate inmates from 4th Floor Main Jail to 5th Floor Main Jail Phase "8" Pilot Project begins on 5th Floor Main Jail (cap, 250 inmates) Fill additional fixed post on 5th Floor Main Jail Watch I (2) Correctional Officers Fill additional Supervisory positions on Watch II (2) Correctional Sergeants Begin Phase "C" renovations; installation of showers and acoustics on 4th Floor Main Jail
*ApriU, 1994
Phase "C"renovation of 4th Floor Main Jail complete Relocate inmates from 3rd Floor Main Jail to 4th Floor Main Jail Phase "COO Pilot Project begins on 4th Floor Main Jail (cap. 250 inmates) Fill additional fixed post on 4th Floor Main Jail Watch I (2) Correctional Officers Fill additional Supervisory positions on Watch III (2) Correctional Sergeants Begin Phase "D" renovations; installation of showers and acoustics on 3rd Floor Main Jail

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*June I, 1994
Phase "D" renovation of 3rd Floor Main Jail complete Relocate inmates from 3rd Floor South Annex to 6th Floor Main Jail Phase "D" Pilot Project begins on 3rd Floor Main Jail (cap. 250 inmates) Fill additional fixed post on 3rd Floor Main Jail Watch I (1) Correctional Officer Pilot Project in full effect, facility capacity 1064, begin monitoring and reporting to BOC
*June 15, 1994
BOC re-inspection of Main Jail
*July I, 1994
NIC (National Institute of Corrections) to be contacted to begin the applications process for Main Jail Staffing Study.

 
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Fresno County Pilot Proj ect
Multiple Occupancy Cell Requirements
of TItle 15

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, EXHIBIT 'A

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TABLE OF CONTENTS

PAGE

I. PILOT PROJECT RATIONALE (EXECUTIVE SUMMARY) '.••••••••••

II.

GOALS OF ,THE 'PROJECT,!., .. ii. .. " .... e' .. '. . . . . . . . . . . ' ...... -.....: ..... 2. e,., •• ,'. .. .. ..

III.. -REGULATIONS AF,FECTED ....... ', ... :. ''-' -., ................. ~....,' ...................' .. ,.

IV. DESCRIPTION OF THE FRESNO COUNTY DETENTION, SYSTEM... • • • •

1.

Main J a i l Facil"ity,;; . .-.' ••• ;''.,' !".,' _, ••_., ....... ,._." ._...... 0,. ........

2. North Annex. Jail Facility •••.••••••••.••••• ,••..c••. , ••••

South Annex Jail Facility •..•• , ••••..•..•••••••,•.•••

4. satellite Jail Facility............. •.• • • • • • • • • • • • •

5 • . Branch Jail Minimum Security Facility ••••••.• ,....

V. CRITERIA AND DOCUMENTATION THAT THE SAFETY OF STAFF AND INMATES WILL NOT BE JEOPARDIZED............

1'.

Cla-ssif.ication ......... ~ystem

e', '. . . . . . . . . . . . . . . . . . . . . . " • • - .. '. . . ".-.. .. .. ..

2. Inmate SupervIsion'•••••••••• ,••••• '.. • • • • • • • • • • • • • • •

3. Separate HousIng for the Mentally Disturbed.......

4.' Housing for Medical Services of Inmates ...•.••.•••

5.. F:ood ·Ser,vige ........ '......................-.. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. .. .. ..

6 . Adequacy of Record 'KeepiQg Involving Jail Incidents,:....................'" ............ " . ,. ! .~ ..... '.. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
7.. Staff ing Addj.tions ..................... ;. ;. _._ ....••••.....••• _

8. History of Standard Compliance •••.•••••·••••.••••••

9. Staffing Tr~nsition Plan .:.•••••••••..••.•.••••••••

1 3 4 .
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10. N.l.C • Staffing StuayRequest •.••••••• •.• .. . . . . • • • 15
VI. PROGRESS REPORTINGPROC.ESS .•.••••••••••••••••.•••••••••• 16
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PILOT PROJECT RATI,ONALE

(ExECUTIVE SUMMARY)

The Fresno County Main Jail is anew generation podular style, ,10 story facility, wit~ 4 floors dedicated to housing ;nmates. Each housing floor consists of 7 individual pods. Six of the seven
pods each has 16 separate sleeping quarters with 8 sleeping quarters on the day room levEll and ~ ,sleeping quarters on the
mezzanine level. One pod has 10 separa,te ,sleepiIlg quarters I all on a day room level, which houses administrative segregation inmates.

The Fresno County Sheriff' s Department proposes the following pilot project for the Main ,Jai'l:

1. All general population housing pods, (16) will ,be operated as

dormitories, with private sleeping quarters" that will be triple

bunked. This will :result ip256 private sleeping quarterll with a

total of 768 general population beds,.

768 beds

2. All special handling population housing pO,ds (8) which will consist of 128 double bunked cells for a ,total of 256 ,beds,.
256 beds

3,. 40 cells will consist of a single bed which will be utilized

as single occupancy housing units for administrative segregation

inmates.

40 beds

TOTAL

1064 beds

4. Ail housing units shall conform to the requirements of Title 24, Section, 1013 (c) ,1;. Water Closets/Urinals . (Rev. 1994)
5. General Populatl.on hou'sinq unit pods shall provide three (3) showers, to 48 inmates on a 24 hour 'per day basis. Special Handling population pods will provide for two (2) showers for each 32 inmates on a daily basis, ,.'Administrative Segregation population pods will provide' foron'e (1) shower for each 10inmates on a daily basis.
6. Additional staff and supervl.S1onwill be added to ,ensure the 'safe and secure operation of, the :facility and ,staff will be proy:ided.

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This pilot project shall"be implemented, with approval of The

United State District Court 'Eastern District o'f California. The

Fresno County Sheriff's Department. shall ,monitor the project and

submit monthly reports to the Board of Corrections fQr a period of'

18 mOnths after implementation of the pilot proje,ct,

This pilot

project is submitted in response to the Board of Corrections

p_lCUlned revision of Ti:tle 24 Standards to become effective January

1., 19.94.

Section 13..,102'(c) 6(b) 6 - Single/Double Occupancy Cells Section 1013(b)8 -Dormitories Section 1013(c)1 - 'Water Closets/Urinals

_This pilot project meets the requirements of Ti:tle15, Section 1107., in th,at its purp,oseis to. study a new building system and/or desi:gn. This proposed system model utilizes a objective inmate classification sy~tem .combined with multiple housing choices to assign single celling, double celling, or triple dorm s,tyle celling, in addition to the, more simplistic minimum, medium, or rnaxirnuin security designation. This system take.s full advantage of the multiple hous.ing choices that are inherent in, the Main Jail Facili:ty's design, and our ability toassi,gn compatible individuals to, various housin,g units.

. The buildi~g design model proposed is a new gene;-ation podular housing confiqurat1'on. Each General Population Pod contains 16 privatized sleepingquartElrs (PSQ), and each containing 10? square feet of floor space and 11 foot ceiling height. Each (PSQ) opens into a large common day room.,. Inrna,tes shall, have coritinuous access 'to the day room. By design, there is continual unobstructed direct visual observation of.all areas' of the day room and a, portion of
each (PSQ). Each ,I1S.Q. has. an, intercom system which is. constantly monitored by security station staff.

It is proposed ,that each double bunked PSQ will have an

upper as well ,as a lower bunk which shall fully-comply' with all

requirements of Title 24 Section 1013 (c)5 . The triple bunked I?SQ

will have three bilnks, an'upper, a lower, and a middle bunk which

shall ,fully comply wi thall ,requirE!J!lE!n.ts o"f Ti tle24 Section

1013 (c)5. This bunking plan will allow for the housing of a

rnaxirnuin of 32 inmates in double bunked. pods, and 48. inmates ,in

triple bunked pods.

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The single housing in double bunkeci sleeping quarters will be available for special handling inmates .. An additional forty (40)
single bunked sleeping quarters will. pe rnainta:i,ned for
adrni'nistrative segregation inmates . I t is anticipated tha.t lOIS of
the double bunked cel-ls will not have 'a second occupant based on classificationciti teria.

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GOALS OF PROJECT
This pilot project has three goals:
I. This prqject allows the-optimum utilization of the. most modern of the Fresno.County correctional facilities, ratherthat the under-utilizatio.n of this facility and continuing reliance on' the maximum use of the much older South Annex Jail.
II. This project will demonstrate that a objective classification system combined with a physical plant that .allows multiple housing choices,enables a correctional facility to supervise .inmates more safely and efficiently than a housing system based solely on maximum/medi!Jm/minimum security definitions.
Iii. This pilot projectallows tor the mostfllnctional useofstaff resources, in as much .as it is more efficient and effective to .add staffto the Main Jail in order to accommodate a large number of inmates than any other of the Fresno County Facilities, In addition, the medical fi'fcilities in the Main Jail are the largest ahd the most modern, and it is a superior use of medical and .r:nenta,1 health staff to concentrate theirresQurces at this facility which would house the most inmates.
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REGULATIONS. AFFECTED

This pilot project shall comply to the a~ticipated change to Title 24 section 13-102 (c)6,B.(6):
Single and/or double occu;anciy cells.. In any loca.1 detention sys,~em
tbe~Uiiiber of S1ngle and or ciOUbIe,occupancy cells shall be that number, determined. by the facility/system administrator in conjunction' with the Board of corrections" necessary to safely manage the population of the facilityl,system baslild on, a comprehensive neElds assessment which accounts for those inmates' projected to be:

1. administrative segregation cases,

2. mentally, disorr;iered,

,

3. custodi,al problems, and/or

4, likely to need individual housing for other specific reasons

as determined by the facility/system administration.

The needs asses!iment ,shall include but not be limited to a description of:

1.. the elements of the :system; 2,. the depar,tment' s management philosophyLprocess.; 3. the classification system; 4. programneer;is; 5. inmate population pr9jections; 6. the adeqUacy of staffing levels; 7. the ability to provide visual supervision; 8. the adequacy of record keeping; 9. a history of the systems compliance with standards.

The, total number of single, and lor double ()ccupancy cells shall not be less than 10 percent of the system's Boartiof. Corrections rated capacity. The ,local detention. facili,ty/system shall comply with all other design requirements contained in these regulations.

This pilot project will require the appliccition of the current or proposed standards to a faCility constructed under the 1988 standards.
Title 24 Section 1013 (b) 8 - Dormitories. DormHories shall:
A. Contain a minimum of 50 sqUare feet of floor area per inmate
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for single bed unit and a.miriimum of 75 square feet for dOuble 'bed· unit and, have a minimum ceiling height of 8 feet; B. Be designed for no more than 64 inmates and no less than 4 inmates. C. Provide access to water closets separate from the wasil basin and drinking fountains as specified in Section '1013(c); and D. In other. tllan Type I facilities provide se,cure storage of personal items and 'clothing for each occupant.

This pilot proj'ect will require waiver of the following standard:
Title 24 Section 1013 (c)l - ,Water Closets/Urinals. Currently under '1988 . standards combination water closets/washbasins are not allowed in multiple .occupancy cells. ' The Fres!1oCounty Main Jail has combination water closets/washbasins in each (PSQ). We propose the, imposition of the proposed i994 s.tandard, which will allow combination units in multiple housing: cells..

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DESCRIPTION OF THE FRESNO

COUNTY DE,TENTION SYSTEM
The Fresno County detention system is comprised of five facilities . The Main ,J'ail, the North Annex,J'ail' ~nd .the South JUlnex Jail are currently the sUbject of Federal Cour.t Action. The Fresno County system is presently operating with a local Superior Court Population CAP of 785, inmates in the South Annex Jail. The system is also operating with a temporary :i.njunc,tion. allowing the
= increased capacity of up to 1195 inmates in the -Main. ,.:rail,. A CAP
of 2197 inmates in the three downtown jails (Main ,J'ail 1064,
South Annex Jail .. 701, North'A,nnex J:ail ,= 432) will be proposed to
the Federal Court. A CAP of 432 for the North Annex Jail has been ordered by the F,ederal Court in a ,permanent stipulated agreement, wi th th'e CAP, still under discussion for the South Annex Jail, and the CAP in the .Mail Jail' contingent upon approval. of this pilot project.

i. HArH.nuL DETEHTIOHFACILITY
This isa new generation podu1ar style facility initially opened and occupied in July of 1989. (See Attac.bment "A~') Within this facili ty there are four housing floors. ,Each housing floor has 7 individual pods. Six of tlie,7 pods has ,16 separatE! ,sleeping quar.ters with 8 sleeping quartets .onthe day room level and 8 sleeping qilarters on theme~zanine level. One pod has' 10. separate sleeping ,quarters, all on the day room level,. (See Attachment "BI" and "BZ") Each sleeping quarter. is 105squ,are feet adequate to. house 3' inmates under 1988 standards. Each (PSQ) has i1 foot ceilings, a toilet and wash, .basin along with ,stora.gE! space for 3 inmates. :Each (PSQ) contains a desk and stool with lighting controlled by the
inmates. (See Attacilment "e')
Each pod, has a day room area with a coffee pot, television, tables and seats for all inmates, showers, and stationary isometric 'typ,e' exercise eq1i.ipmentmounted to. the.: wall.
Each floor also has a, group of 10 separate individual sleeping
quarters ('single ce11·s). Each floor ha,s Slilcurity' control room, an indo.or inmate activities room, and an indo()r gym containing exercise equipment and recreational 'library -rna teria1s.. Access to the outdoor roof tOP exercise area is via a remotely controlled elevator system. There is direct visual observation at all times into each :of the podular, ,housing units., 'Two correctional 'officers staff the floor of ea'ch pod" wi.th a third officer assigned to the
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housing floor security control room,

T!lese officers are

responsible for routinely doing direct checks of~ach housing unit"

inmate movement to court and attorney interviews, s~pervising the

deiivery of meals,medical services" exercise and all o,ther inmate

services.

2. BORTH ABBEX JAIL MINIMUM-MEDIUM FACILITY

This isa new, podular, dortnitory style facility . It

consists, of a single housing floor with 19ix pods and a single

COllll1On use indoor-outdoor ,exercise yard that contains universal

type weight machines,isometric type exercise equipme,nt, and a

singl~ basketball area. There 1:S also a inmateactivitie_s, r9c;)m.

On t~is~ousing floor is a security control center 'that is staffed

at a1l times, '24 hours per day by one officer. There is direct

visual observation at all times into each h,ousing \lnit exercise

yard from the security control center.

Each 'housing pod has

stationary isometric type exercise equipment installed,ip.the day

room area of each pod. On both th,e 'Day Watch (7am-3pm) and the

Evening Watch (3pm-llpm) there "are thre~ (3) correctional officers

assigned to sta_ff the floor activities of this ~acilityin addition

to the one officer in the Security Station. On,the Night Watch

(llpm-7am) there are tw:o (2) cO,rrectional offic,erli assigned to

staff the floor activities of this facility in addition to the one

officer in the Security Station. ,They are responsible for the

perfo_rmance of direct security checks of each housing' uni,t, inmate

movemen t, supervising the delivery of meals, medical service, and

all other inmate services. Inmates assigned to this housing

facility are authorized access to daily exercise, both,w,ithin the

individual pods, and also daily for a one hour period in, the

indoor-outdoor gymnasium.

As describedabo,ve, pod has two, levelS, a ground floor and ,a mezzanine level. Each has a day room, with tables and seats for all inmates. Each, revel has a television. All showers, toilets and sinks for ~ach pod are contained on the mezzanine level. Each :pod contains 12 free standing triple bunked sleeping units on both the ground and themezz_anine levels. Each ,pod contains four (4) telephones ,'has 4,950 square feet and contains four (4) desks and stools and an ,intercom system whichi,scontinuously ,moni,toreci by the security control center-. This facility is currently Board of Corrections rated at 288 beds', but a ,stipulated, ilgreementin the Federal Court Action has resulted in an agreed upon non-rated capacity of, 432.

3. SOUTH ANNEX JAIL FACILITY

The South Annex Jail is Fresno County"s oldest facility" and
is a combination lineClran<:i dormitory style faqility" This facility has been, partially closed during the' current fiscal,year,

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, and will remain so for part of the 93/94 fiscal year due to remodeling of the. third, and fourth floors . In or.derto put this facility into full use during this fiscal year, will require the hiring of approximately 37 additional, staff personnel. Obviously if' sufficient funding cannot be found to, properly staff the 'third and four.th floor,s of the South .Annex .Jail, :then tllese floors will remain ~losed.
Reconfiguration of, the dormitory housing units has been completed, with all existing .bunksbeingremoved and new bun~s being installed. This reconf:i:guration llas provided for the relocation oJ; bunks" telephones, televisions, tables, seat's and intercom systE!llLS.. Improvement in the o.bservation of inmate activities ha.s been ,faci:litated by the installa.tion()f.:,new wi,ndows into the dormitory from ,the conunon exterior hallway which, provide significant more ,staff visibility in.:to the housing unit. The dormitory housing units have been,repainted with showers and toilets being ref~rbished. Also added was stationary iso~tric type exercise equipment within the day-room ,area of each dqrmitory to allow for daily exercise by alLinmates . This is in addition to. the regularly scheduled 3 hours ~nimum per week in either the indoor facility gymnasium or the, rooftop outdoor, exercise area,which will be re-opened at theconslusion of remodeling the third and ,fourth floors, of the facility.

4. SATELLITE JAIL FACILITY

This facility is a coinbination Type III and Type IV

facility, with a Board of C;orrections Rating of 84. It is

currently located in the metropolitan area of' Fresno, approximately

one mile south of the Main Jail. It is utilized to house male

inniates . One half of the facili ty is dedicated to sen j:.enced male

inmates who are ,released each day to participate. in a Probation

Department supervised Work 'Furlough Program. The other hail of the

facility is dedicated to housing s.e11t,encec:i inmates who are assigned

to outside work de'tails 'in Fresno' County Parks and are transported

and supervised by the County's General ServicesS:taff", It should,be

noted that this facility is not part of ,the current Federal 'Court

action.

'

5. BRANCH JAIL MINIMUM SECURITY FACILITY
, This is a minimum security sentenced facility for men and women .composed o'f six b.arracks. ,Two for female inmates and fo.ur for male inmates and has a rated cap,acity o.f 389. Fresno County has planned to begin both remodel and expansio,1l of this facility.
Financing is being provided via Proposi:tion 86 funds" wh,ich will increase the rated capacity of· th'isfacili,ty from. 389 to ;,517, and will involve the following:
8

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a. Addition of two (2) 62 person barracks.
b. Addition of a new holdl.nq cell infirmary buildinq.
c. Addition of a new classroom/library buildinq.
d. Remodel of the Administration Buildinq and Security Systems.
e. Addition of a new visitor center,.
f. Remodel of the existi,nq rest room .areas of' each barrack.
Fresno County Public Works has requested ail extension to the September 31, 1993 deadline in ·order. to allow for revaluation of, the project and prioritization other facility needs. It should be noted that. thi,s facility is nO.t par,t of the .curr.ent Federal Court action.

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v

CRITERIA AND DOCUMENTATION THAT THE SAFETY OF STAFF AND THE INMATES WILL NOT
,BE JEOPARDIZED

1. CLASSIFICATION SYSTEM

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The Heart of this pilot project is a sophisticated objective classification system, that is' utilized to its fullest advantage within tile physical design of a, modern podular type facility' such as the Mai:n Jail. The ultimate goal of this clilssification system ill to assign housing to inmates in such a way as to~imize ccilripatibflity .and uni,t s tabili typroviding for both inmate and staff safety . The effectiveness of tl.1is classification system is born out by the low incident rate at this facility. The classification system works i Il conjunction with ·thephysical.design .of the facility in that it fully utilizes the po'ssibilities of 124 separate housing .·units for separate ,housing needs.
The key points, of the classification system are as follows .:
1. There is a',s:table, assigned classification . staff .. This staff is composed of 28 officers, and is supervised by a full ...time c,lassification sergeant, and is supported by' 24. hour per day shif.t custody ,sergeants. One (1) additional Se:rgeant, two (2) addi'tiorialCorrectfonal Officers and one (1)' Office Assistant is planned to be added as. part of this .pilot project. Classification officers are on duty 24 hours a day, seven days a week to perfo'n'n initial inmate.assessment, classification, andreclassificatiori as needed. BasecfoIl this. centralized modelobJ'ective classificCition system, fashioned by the. 'National Institute of Corrections (NIC), classification officers are Cible to .properly assign an inmate to anyone of th'e five County Facilities, contingeri t· upon in'carcerationsta:tus, classification, and spac:e avail,ability.
2 . All housing decisions and housing changes, including cell and bunk changes within a housing unit are made by classification officers working 'with. the security officers on the housing floors.
.3 . Special housing needs are identified beginning wi th the booking process. The booking officer asks a series of;
10

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questions dealing with gang affiliation, mental health problems, physical health problems, andin;nate expressed concerns 7egardinghousing. Any arrestee needing immediate medical attention 1S sent to the Va.lley Medical Center (County Hospital) for treatment ,prior ,to being accepted for booking.
4. Files are maintained on all inmate's who have had special housing problemS or who have been security risks (such as escapes) during prior incarcerations,.
5. Prior to any hClusingassigrui1ent being 'made, the classification officer reviews the booking questionnaire, any past

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incarceration, file,the inmate's criminal "rap sheet" and the current charge. The classification officer also consults with the niedical and niental health staff about appropriate' housing if 'there is a,ny question, about: ,aninf!a,t:e's physical ,or mental health. Any concerns about special handling of an inmate, inc1tiding security concerns , protective ,custody I gang afJl.liation" medical problems or personal idiosyncrasies are addressed by the classification officer prior to a housing aSSignment ,being made .'

6,. Gang affiliations are carefully screened.

'In

i'r,esno C~unty there are three (3) major ,Hispanic gang affiliations,

the Northern Structure, Nuestra Fanilia and the Mexican Mafia (Surenos). Other gang~, include factions of 'the Black gangs' the

Bloods and the Crips, White Supremacy gangs such as the Aryan

Brotherhood and, Dirty ,White, Boys, and members of the numerl?,us, Asian

gangs, such as the Men of Dest~ction I Modesto Hi t Squad and the

Tiny' Rascal Gang,. Classification Officers specialize in gang
identification, particularly tatoos" that identify an inmate as a

gang member even :Lftheyt are not forthcoming about the gang

membership. Fresno ,County Inmate Classification, Officers utilize

a "three point" 'verification' 'system for validating, gang members .

These pO,ints are 1). gang tatoos., 2). correspondence refering to

gang affiliation and 3). self admission as a' gang member. The

Classification Officers work very ,closely with Sheriff's Gang

Suppression Unit, in identifying gang members and also wO,rks with

the various prisons,' in, th!Ol California, Department of Corrections

system to obtain vital information in,verifying gang members.

7. Fre~~o County utilizes differ~nt colored jumpsuits to denote sentenced inmates from non-sentenced, males' from females, ,and those requiring speCial. handling inmates (i.e .• assaultive) ,.

8. ,Tile actual housing assignment ts coordinated between the classification off,icer and the floor officer' after reviewing the various available housing facilities and housing units. Every attempt is made to assign a balanced racial and ethnic mix to each hOUSing unit.

9. The claSSification officers utilize a computerized inmate manageIllentsystem which tracks administrative segregation

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housinq ,for reqular, parole holds., local arrest records., and a waitinq list .for transfer of inmates be'tween facilities.' ,
10. If an .inmate has problems in his housinq location, custody a,nd, classification staff work .toqetherto assiqn more suitable housinq. This. may be as simpJ.e as .a move to a different housinq unit', or may involve reclassification of the inmate or
movetnerit to a differen t facility . Generally ,an i.nmate will be
moved several times to different housinq units' before he is reclassified. Reclassification may be to ahiqher 'or l()wer security level. Factors relatinq, to reclassification include chanqes in the criminal ch'arqe (for example" from felony to :misdemeanor or misciemeangrto felony, .the addition. or deletion of charqes relatinq to children" droppinq or addinq a state or federal parole hold), inability to cope in a generalpopulationhousinq uIlit, or incidents that .createa secu.rity risk. such as escapes, or ''walk-aways'' from the Min:tmum Facility.
2. INMATE SUPERVISION
Inrllate superv1s10n .is accomplished i:)y a. combi:nation of continuous visual supervision by the' correctional officers and staff, .requlardirect checks by the correctional offJcers in the housinq uriits when ..meals are served, trays are .piclcedup, inmates 'are called ou't and mov:ed to visi tinq , medical call, ,exercise, vis,its, ect., and via an intercom system between every cell and ·the correctional officer assiqried to the floor security control center;
A proposal to document the regular di.rectchecks by correctional officers. is beinq developed, that may include the 'use 9f .a portable handheld computer rec:o.~.dinq device, which will be downloade4 into the jail manqement, computer system for the development of s.tatisticalrepor.ts and recor.d keepinq.
3. HOUSING AND SERVICES FOR .THE MENTALLY DISTURBED
The Fresno County Sheriff's' Department. in c9njunction with the Fresno County D.epartmel'!t o.fMental Health employs fulltime Licensed Psychiatric Techniciall.s who:> provide. mental health evaluations 'and services to mentally di.sturbedinmates. These services are available, 24 hours.per day, 7 ~~ys per ..,eek,with an on duty LPT who is. stationed within the South Annex Jail, but. can respond to any of, the fi~e jails if necessary. Separate housinq is available for mentally disturbed male j,nmates, who .dan .be amonqthe most disrupti:ve and difficult inmates to house. This housiriq uni t is unde.r the directic;>n of the. mental health staff wilowork with classification .in identifyinq and.placinq appropriate inmates in this unit. This is a direct supervision 'unit with an officer and

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• --

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a psychiatric technician assig~ed. In addition, a licensed psychiatrist makes rounds on a da:ily basis, Monday through. Friday.
Women who ,are suicidal or acutely psychotic are presently housed. in the Infirmary . They are' seen daily by a licensed psychiatric technician and/or a psychiatrist. At this time, the number of psychotic women' inmates is., not large enough to assign them a separa~e housip.g, unit. However, based on the ~xperience of the male psych'iatric unit, a similar unit for women will be created if the need for such, housing arises.

4. JlOtJSINGAHD SERVICES FOR MEDICAL CARE OF INMATES

The Fresno. County Sheriff's Department in conjuncticm wi th the Fresno' County Health Services provides in..,'facility medical services for mos,tmedica.l,needs, The Sheriff.' s Department, the Health Department and Valley Medical Center operate under' Joint Powe~s Agreement that, delineates. ~he roles and responsibilities of each organization as it relates to the adequate and timelymedica.l, care and, treatme~t, of individllalsincarcerated in the Fresno county Jail System. Wi,thin the Main Jail Facility a 35 bed Infirmary -is maintained, that ,is staffed with full-time physicians, physician-assistants, registered and licensed vocational nurses,. a f~ll-time dentist, and support staff. All inmates are medically sc::reene,dprior to acceptance at the bookingintake area' of the Main Jail by a,. nurse . If medical aid is indicated prior to, booking ,the 'arresting ,agency is directed to Valley Medical Center,. other le'ss urgent care needs are triaged and directed to the in-custody on duty medical staff. Sick-call is administered and. triaqed on each housing 'floor in each facility, and dependant on the resources or type of treatment necessary, the inmate may be directed to 'the Main Jail medical offices for care.
Medications are delivered to each inmate by medicCll staff on their respective housing floor.

5 . FOOD. SERVICES
Fresno County contracts with Service America Inc. a private enterprise, to' provide all inmate andst:aff meals. The c9ntract with Service America specifies strict compliance with all Title 15 regulations'. Staffing is determip.ed by Servi'ce, America management ,and i,s augmented with. inmate labor.

6. ADEQUACY OF RECORD KEEPING INVOLVING JAIL INCIDENTS
The Fresno County jail system regularly keeps reports and ,statistical Summaries of jail incidents. In FrElsno County, any jail incident is assign,ed a Crime or Incident number and a report
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written. T,h~s uniform system is used. whEl,ther t;he act amounts to a
crime for which there is a new arrest and prosecution" or merely a:
violation of facility: ru"llilS leading to a disciplinary action. The entire 'Jail Mana .ement S s.tem rJMS) co 'lltEirized, and rovides l'Or a paper ess recor 1ng system.
This system includes modules for bookirig inmates, classification of. inmates, housing availability, facility ,repairs, records for visiting" financial records, court actions takeIl' etc. This system is a component of the Sheriff.' s Department 'Re,cords Management System (RMS) which maintains permanent' records of' warrants, crime statistics, crime ,analysis" local ,criminal histories etc ..
This is an 'on-line interactive system, that maintains management data and records keeping.

7 . STAFFING ADDITIONS

If the rated capacity of the Main Jail Fac:ili.ty is increased as requested, staff posts will be added as follows:

A. Watch One (2300-0700) One additional posted position will be added to each of, the four housing floors. in the :Maill Jail., ,This will increase staffing from 2 officers per floor t03. The added positions will provide 'in~reased supervision, security: and more frequent safety checks to the, floors, pods andslEieping quarters. To_ fill these added staff posts will require the hiring of seven (7,) additiona'l correctional officers.

B. Watch Two (0700-1500) Two additional posted positions will be added to fac1i1tate 1nmate supervision during meal and break reli,ef .for ,housing unit staff. Thi.s will allow .for constant
staffing throughout the shift. The added positions will provide 'increased supervision, security andmo'refrequent safe,ty checks to the floors, pods and sleeping quarters. To fill these added staff posts will require the hiring ·of four (4) additional correctional, officers.

C. Watch Three' (1500';2300) Two additional posted positions

will be added tofac1h tate 1,nma,te supervision during meal and

bre¥ relief for hous±ng unitstaff.This will allow for, cons,tant

staffing throughout the shift. The added positions will provide

increased supervision, security and. more frequ,entsafety check~ to

the floors ,pods and sleeping quarters. Tofi,ll these added staff

posts will require the hiring of four (4) .additionalcorrectional

officers.

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D. Six (6) Correctional Serqe~nts will be. added to provide .for adequate supervision of' correctional staff· in the performance of their duties.

E. To ensure the proper classification andhousinq of inmates

up to the capacity limits of each housinq floor will require

exte~lJive more effort on the part of the Classification/Compliance

Staff which will also need..to serv:e as the Population Manaqement

Proqram Staff. This will necessitate the hirinqof one (I)

addi tional ,serqeant, two .(2) co'rrectional..officer. IV's, and one

Office Assistant. This added staff will assist in th,e proper

housinq of 'inmates retained in custody, or, those inmatesbeinq

released from custody via established release criteria, meet the

criteria.

'

F. Total staffinq additions as a ,part .of this pilot project;

1. Seven (7) Serqeants

.

2 .Seyenteen (17), Correctional Officers

3. One (1) Offic!! Assistant

(See' Attachment "Dl" ,"DZ"and "D3")

,8 . BrSTORY OF STANDARD .COMPLIANCE
The Board of, Corrections conducted its last biennial ,inspection of the Fresno County Jail system durinq the month of Dec'ember. 1991. ,A copy of that report as it .ClPplies to the Main Jail Facility. (See Attachment "E")
9. STAFFING TRANSITION PLAN

,

The Fresno County Sherif'f's ,Department and the County

Administrative Office w1th approval of the Board of SuperVisors

will establish the previously described fixed, post positions

throuqh a combination, of' newly hired officers, reassiqnment ,of

officers from other facilities that maybe closed, and/or the

utilization of overtime by no later than December 6, 1993

10. N. I. C. STAFFrNGSTUDY REQUEST
,The Fresno County SherifF' ,11 Department ,will submit a request to the National Institute of Correctio,ns Jail Division to conduct a more e:li:tensive staffinq study of ,the Fresno County Main Jail Facility, at the suqqestion of the Board of Corrections Staff.

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V:I PROGRESS REPORTING PROCESS

Staff from the Board of Corrections ~as met with the .Fres_no

County Sheriff's Department Staff to identify the methodology to be

employed in assessing progress. towards achieving tllegoals of this

pilot project. Incident data collected via the Sheriff's Jail

Management System(JMS) will pro:v:i<ie statisticalsUlll'llaries of the

jail incidents., assaults,. inmate grievanc:es by category and if

to sustained orno't sustained. This inforniatl.on, ·will be in addition
to the incident: l:nformation reported pursuant each BOCbiennial

inspection report.

.

Board of Corrections staff to condu'ct 92/93 ..biennial inspection within the first six (6) months of this pilot project.

16

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ATTACmfENT '" B1"
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,The, new Fresn'o County J'ail

Diagram of inmate floor

Housing cells. 100 sq.
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Side view of cell area

Some other·factsand figures

- Location: Southwest comer of Fresno and M Streets.

-Numberoffloors: Six with Inmates held on topfour floorS. Orie'each floor. cellswill be in two tiers.

- Number of cells: 424. .

-Height of building: 141 feet 21

feet hlghedhari the nearbYFresno

County Courthouse.

'

-Work schedule: Construction is expected to begin In late spring.

-Cost:

whlch'also

includes an underground tunnel

connecting the new and old jails, a

mechanical services building, and

remodeling olthe old jail. Thestate

Is'paying 75 percenlcoflhe, cost.

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ATTACHMENT "B2" .

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WORK FURLOUGH

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,TOTAL ROlJRS

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3,7,28

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TOTAL SHIFTS

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4,66

451

Representative of' ,the number .of' sh'ifts per'week,
= FTE 5 •. 2
INew, PositJ:orls """'·Not a Fixed ,Post

per wa'tch',

for each 'post

••,.

•••••••.,

•••••••••••••.•

·.>';:" ;
• o"'~ .
.::: - .

.. .'

•••••••.•••••••••••.••00•"

••••••••••••••••••••••••••••••

ATTACHMEN~ "D4" 0 -. .

.••••.•••••••••••

•

MAIN JAIL

fO,ST ORDERS

·TITLE:

BOOKING I OEFICER 002,4A

H 1 5 0 , __ , _ --if

REV.ISED: 1'218-89

APPROVED BY:.

AUTHORITY:

POLICIES AND. PROCEDURES

•••••••..i ,

·HOURSOF DUTY:
WATCH I WATCH I I WATCH III

.26'26'44183--0175/0000.
1448-23'00

DAYS.: MONDAY-SUNDAY
sHIFT: ADL

EQUIPMENT ACCO.UNTABI1ITY:

REQUIRED/UNiFORM PEN/PENCIL KEY SET HANDCUFFS

'TPERRINMTINElR\:L' /K..EY.BO.kRD.
COMPUTER PAPER INTERCOM

l1QNIT~~S CAljERA
FILM BAIL SCHEDULE.

,••.

RADIO
SRACKELS
E.T. D.

CONTROL CONSOLE

COURT. CODE BOOK

EiJ@'. ~X').'~N(;lTI§f!ER, PENA'L CODE BOOK

PNEUMATIC TUBE

\iE-kId}; CqDE BOQK

,.••••••.••••''
• • e

PR 24

. TELEPHONE

GENERAL, INSTRUCTIONS:
Read· and understand. poli.ciesand prQc~du:res anci post . orders ..

~e in.re~Areci ~rlH()rI1l for dUtY a,sprescr:i:bed by
Sheriff' sDEjpartmenta1 po"li'cle,s a,I1d. Pxoce¢u,resman1,la.l.
Check petsona'l mailbox..

Comple.tetime sheet da,fLy .

Attend briefing. (Wat:c:1:l .1-'2248 hO,ur,s,Wa:tch II-.0648 hours arid 'Watch. 1II-1448 hOurs .)

Fonow instrqctions of immediate supend:soi.

Report to. assigI1eddutystatibnrmmeQiately .,a,fte:r:

.'it
••e,
•••••

briefing is completed., Page 1 of ,3 MAIN JAI'L

'•••••••••••••••••••••••••••••••••••••••••••••••••••••.

• • , .

POST ORDERS

TITLE: BOOKING I OFFICER 0024A

NO: H-lS.O

SCHEDULED DUTIES'::

2300,0700,1500

Receive briefing from the previous Booking I ,Officer and assume the assigned key set.

2300,0700,1500

Ver.ify head count witha:rrest tags.

0630,1430,2230

,Insure ,that the booking area and hallways a:re clean prior to being relieved.

UNSCHEDULED DUTIES:

*

Maintain security in booking area.

*,

Ass,ign personnel to speci fic dut-ies.

*

Assign personnel to meal and break times.

*

Supervise all booking activities ..

*

Accept arrest tags.

*'

Arrange all arrest tags according to time of arrival.

*

Confirm warrants and/or teletypes of inmates to other

counties.

*

Supervise entry and exit of all. personnel entering the booking area. '

*

Insure adequate level 9f supplies 'is ;maintained.

*

Insure all offic,er' sand CSA,' s ar,e familiar with all

alarms in the area.

Page 2 of 3 MAIN JAIL POST ORDERS

•••••••••••••••••••••••••••••.••••••••••••••••••••••••'

•

.";

•

TITLE: BOOKING I OFFICER 0024A

NO: H-150

*

Insure all equipment in the booking area and inmate

service are~s are in operational. and serviceable

condition. IJ any equipI'flent is ·not functiOning

properly ,an HHIS ,shall De completed v:ba the JMS

system. ,. The Watch Sergeant shall be notified of any

equipment requiring immediate repair.

Maintain a good 'rapport with all persons utilizing the
area by keeping a courteous and professional dem~anor at all times.

*

Maintain th~ current procedures developed for. theJDOE

system for incoming inmate money processing.

*

Insure. that warrant abstracts are handled according to

cUI:rent policy and proced.ure.

*

Insure that all occupied safety cells are checked and

the esta~lishedprocedur.es are fpllowed.

*

Insure a regular evaluations and r,eleases or processing

of intoxicated inmates.

*

Perform all JMS system functions and'reports.

Page 3 of 3

'•••.••••••••e••e•••.' "

•

MAIN JAIL

TITLE:

BOOKING OFFICER

0023-'\

..

P,OS'I'ORPERS

N.O.:. H.,.160

EFFEq\IVE D-,\TE: '6-1089

APPRQVED ,BY:

C,aptain T'. :Gattie'

REVISED.: 1-1-931

AUTHORU'Y :'

PO]}ICIES AND PROCEDURES

HOURS OF DUTY:
WATCH'! WATCH' I I WATCH. TIl

2026448.8:--107S0do0'
2i48-070d

DAYS: MONDAY-SUNDAY
sHIFT,: M-L

.••••••••i•••••••••.••.jj-'

EQUIPMENT ACCOUNTABILITX:
REQUIRED UNIFORM . HANDCUFFS COMPUTER PAPER PNEl:JMAT,IC TUBE TERM'rNAL!KE'l'BOARD BAIL.SGHEPULE ....

,PEN!EENQlt, RADIO FIRE EXTINGUISHER CONTROL .CONSOLE TELEPHONE VEHICLE'CODE BOol<

KEY SET
P'R:INTER
MONITORS INTERCOM PENAL. CODE BOOK

GENERAL INS.TRUCTIONS::'

Read and
or~'ers ~

u.nde. rst.a.n..d.

policies

and

piocedut,~s

and

post

Be in required uil"i'forgt fat d\lty as.prescr.lbe,d by . SherH·f's' Dep'a't:tmenta'l policies .and:procedur,es manual •.
CheCk p,ersonal mailbox;,
Coinp'let'e time 'sheetdaHy.
Attend ,brie.f.ing.. .'(\V.ClJtch I~2248 ho ur,s, f, .Watch 11'-0648 hours. and Wat.ch III.c::1448 hours',.,)
FCiTlow inst·riidtonsof irtunedlate superVisor.,
Report to 'assigned duty station immedia.telY a ft'e r· briefing is completed .

'.'

•••••••••••'

Pag:e' 1 of' 4

•••••.•••••••••••••.•i:t

, .

•

BOOKING OFFICER 0023A SCHEDULED DUTIES.: 23@, 0700;,,15@
2300,0790,1500
.2300,0700, 160.0

MAIN .. ,JAIL. POST ORDERS

1'1'(7): 1i.16.0

~eceivce b,Fiei:iI}g .from. the previous
Bo,okingOfficer . Ci.nd assUlllethe 'assigned key se.t.

Cbunt arr.estees in pre-book a:t.ea

and confirm with the' Booking I

Officer..

.

Rece':Lve br.ieffng from. the, PFevious Booking 'Office:f arid assume,' the ctOlsigned' keyseL

.••••••••••.•.••••••••••••••••.•"'

Every: 1:hirt¥ (.30) . mimiteCg
0.63.0, 14 3Q,,22)0 0630, 1430".2230

When th§!.safety' ce;J,'1 :is occupied, insure thCit a yi,s,ualor verb,a1 ' check .is' done every thirty (39) mihuteswi,th ,the. inmate., for their pepsonal safety. . Doc\lrttent your ,initials' a,I1cithe time on the safety 'cell che,cjc Jog aft§!r, each. check arid when any water or fo.od, giy:en tpthe ihIriate 'or trash removed form .the 'cen during" the shift. Staff .' mel,llb.§!rs 'shall beresponsil:Yle for keeping incompliance with the pol'icyancl procedure' for tl1e, safety
~celL
lfth.esa·fety cell iso'ccupied, ,col!lpl'e,t;e, ,,a,nd Cii;:tacha new safety
of ceUche.ck J..9gtp the door 'of the
occupiedceH. Route the end shift. safet¥8ell 'log to. the inmate records ()~nce. to be . pl.aced. into the. inmate's fife ..
Insure (hat: the booking area and hallways a'r'e clean prior to ,being 'relA'eved.

Page 2. of 4

.'•••••••••••••••••••••••••••••.••••...•••••.••••.••••••'''

• •

TITLE:

BOOKING OFHIGER OOi3A'

.I-1AINJAIL POST ORDERS

NON-UNSCHEDULED DUTIES

Assume Bookirig IresporisibiLi:Ues '¥Inell- BookIng I 'is abseIlt: (see post: .orders, .for' Booking I:) .

*

Insur,eall :arrestees/,iIlJllates ;!,aye ,access, to phones arid

toilets.

.,

*

!\ssistin ma,i,ntairifng 'seclir,Hy' by 'suiweying the,

.booking area.

.Assist in malntatni!1;g a ,smooth, s,ecure .anei professional,op'eiatTori oftheb06king are;a .

*

Assi.st: other ag.enciesw.i th' coiilbat::l:ve arre'stee,(:s).

.*

Insu~eall equipIl\ent ~Il the booking area arid inmate

serVicear.eas ,areqperca.tion,al ., alld f,n s,eryi,cea,ple

conditioh'. If any equipment is not funct:ioning

properly" . a HHIS shall be compietedvia t,he'JMS ,

~ysteIII. The Watch Sergeant shall .be' hotified of any.

equiflment r,equirillg'il!lIlledia,te repa'i'r,.

Search,i'emove and process property from, inmate (s,) found ori their person and ahy,bul'kp,ropertyfheymay b.e carrying wlfich w"'s ,not found, .15y theairestirig agende;s inH1al, inveT\tory. Ill-sure tha·t all bulk properly is tag,(j,ed and'rollte,d to tlfestoreroorit.

Insure, that 'the lDwrist band is ,secur,elY· attache.d to

tlfe inItllIt:e's wrist ,pi'ior to escorting the 'inmate :to

the b,ookin(jwi,I1dp,w;.,

.

*

Bring inmatetobooki.rtg window for booking

processing,.

*

M9ve 'inmates t9' ,theIl\ll,g all.d printtoom and ,the designated pos,j:,b9dJc holdinguD,j,t ~henthe bOOking

process and. telephone, calls'. are complete.d.

*

Supervis, e: inma tewcl1:'ker act:ivitie's in the area .

.*

Mainta,ln a good ,rapp,ort with all persorisittilizing the

area by keeping a. :co,udeo,us: ape p~rofes~iccma'l demeanor'

at all 'ti.mes. '

-. p,age .

30'i' 4- ,

••••••••••••••••••••I••••••i••,

•

. ' ,-,

.:

MAIN JAIL

TITLE:
*
* *

POST OR.DERS

BOOKING OFFICER
0023A

NO;:H-1.60

Comply wi,th al~lsafetY' cell pol.i.:c:i!.es and procedur·es..

Monitor and log all, check~pf theiI1Il\a(e housed in the safety cell everythitty (30) minutes.

BOok and pro,cess inmate paperwork . utilizing: the JMS system.

Conf-irm wart'an.ts and'!or, te1.etypesconcerning inmates.

IIlsure all?deQllately level of s\lppUes is ,nia'intafned. Insure that ?LJ iI1Il\iJ.te properly ::if.s 'han,dIed in a manner
consistent With polJ.cy. .

••••••••.•••••

•.•••,

,'••••••t..t

~a~e 4 .of,i

•••••••••••••••••••••••••••••••••••i••••••••••••••••••ll

• •

MAIN AND ANNEX JAIL

POS.T ORDERS

TITLE: HOUSING. SECURI.TY OFEICER 0032A

NO:H-210

EFFEC.TIVE DATE.: 6-10-89

. REVISED: 12-18 89, 8-6-90

APPROVED BY:

Captain T. Gattie

AUTHORITY:

FresnqCounl;y Sheri,if' s D§!partment Jail Division Policies and Procedures Manual.

HOURS OF DUTY:
WATCH I WATCH II .WATCH III

22.48-0700 0648-15.0.0 14.48-2300

DAYS: MONDAY-SUNDAY SiITFT:ALL

EQUIPMENT' AC:COUNTABILITY:

REQUIRED UNIFORM PEN/PENCIL KEY SET HANDeUFFS SHACKLES'

,T~R0.INALIKEYBOARD

PNEUMAT.IC TUBE

INTERCOM

TELEPHONE

CONTROL CONSOLE

MONIT"ORS

FIRE EXTINGUISHER RADIO

POLICy AND PROCEDURE

GENERAL INSTRUCTIONS:

~ead the Fresno County Sheirff's Department Jail Division Policies CindProcedures Manual and Post Orders'.

Be 'in re'quired uniform' for duty ,as .prescTibeci by the ,Fresn,o County Sheriff(·s Department P'Olicies ,and
Proc.edures manual.

Check personal mailbox.

Complete time sheet. daily.

Complete all sick. slips and/or overtime cards when necessary..

Attend briefing. (Watch 1-2248 hours, Watch II-0648
hours, Watch VI -14'48. )
Follow instruc.tions of immediate ,~upervisor.

Report to assigned. duty station· immediately after briefing is completed.
Page 1 9f 5 MAIN AND ANNEX' JAIL

· •
•••••••••••••••••••••••••••••••••••••••••••••••••••• "

• •

TITLE:

POST ORDERS H00O3U2SAING SECU.R. IT,Y OFFIQER

NO: H-2LO

SCHEDULED DUTIES:

2300,0700,1500 hours

Pick up mail after briefing is completed and insure its distribution to. the d,esignated 'iruitate.

2300,0700,1500 hours.

Receive briefing from the previous Securi ty Officer and assume the assigned key set.

2300,1100 .hours

Verify irunate head count in each housing area and, confirm with the Watch Sergeant.

0800 hours

Insure that all telephones are turned on in the housing units after the morning clean up iscpmp1eted.

2100 hours

Verify inmate roll call count in each housing area'and confirm with the Watch Sergeant.

2230 hours

After a ten ('10,) 'rn.inut e warning, turn ail 'telephones off in the housing ,units. .

0630,1430,2230 hours

Insur~ that the sectiritCy station area is cl.ean priOr to being relieved by the Secur,ity Officer on the following
shift.

NON-S,CHEDULED ,DUT'IES,:

Security:

1.

Maintain security on the housing floor bY':lnsuring that

all doors controlled and/or monitored from the security

station are secur,ect when not: in use.

... ----..,

2.

Insure that all intercoms are answer,ed within one (1)

minute from the t:ime they sound at the secur,i ty station.

TITLE:

Page ~ of 5 MAIN AND, ANNEX JAIL

POST ORDERS

HOUSINGSEGURITY OFFICER 0032A

NO:, H-210

•
•••••••••••••••••••••••••••••••••••••••.•••• >
• • • • • • • • •

• •

3.

Contact the classification officer to verify the

transfer of all :i.nmates to and from the floor and fr.om

one housing unit to another ..

4.

Do not allow an inmates classified as administrative

segregationtoconuningle. 1'WO ·module doors in loCkd6wn

cells shall not be open at the sa~e time. Insure that

the cell dayroom is empty and that no .one is hiding in

tlle dayroom or. shower area before opening .any modu'l.e

door.

.'

.

Count,:

5.

Insure that all counts are verified by checking count

totals. If. the counts are inc'orrect, .t.ecount'and..contact

the Watch ·sergeimt.

.Sanitation and Maintenance':

6.

Insure all equipment in thehoustng security station is

ppoperly located, operational, and in ,serviceable

condition.n any equipment is not 'functionTng properly,

an HHIS shall be completed via th~ JMS system. Th'e Watch

Sergeant . shall be notifiedinunediately of; a,ny eme,rgency

equipment abs'ent or in need of repair'.

Visiting:

7.

Insure that inmates are verball'y notified in advance and

promptly removed from their housing units.for all court

appearances. ~isits and interviews.

8.

Insure that ,all inma,t~s 'are removed from their designated

housing unit and dire,cted to the appropri'ate visiting

area withirififteen (15) minutes from the time the JMS

nag isreceived on the housing floor·. Visits include

professio~alinter,views, ,sick call and persona~, )fisits.

During roll call count (approximatelY 2100-2200 hours)

inmates will not be r.emoved or transported from their

housing unit or from the housing floor..

Page 3 of 5 MAIN AND ANNEX. JAIL

POST ORDERS

TITLE: HOUSING SECURITY OFFICER. 0032A

NO: H-210

Gorrespondence:

••••••••••••••••••••••••••••••••••••••••••••••••••••••

• • ..

9.

Insure that inmate correspondence/paperwork/etc. ,is

distributed to the appropriate inmat.e wi thin one (,1) hour

of receipt on the floor.

'

10.

Insure tha,t]!lailcollected. from the. inmates during the

course ,of the shift, is bundled and routed to the

distribution center located on the 2nd floor Main Jail.

11.

Insure that all inmate request slips are picked up,

answered, or forwarded for an answer, and then returned

as necel?sary. Insurethat· each inmaterequestslip i's

correctly routed to its proper dest-ination ..

12.

Insure that all outgOing mail is properly addressed, with

.the ret)lrn address in the upper left hand corner,

including loca.tion and the facility address., _And, inslJ,re

that the - addressee's address is clearl'y printed in the

center of the envelope.

Court:

13.

Insure 'that all illIllates, who af'e desigi1atedto appear in

court, are removed fr,om their designated housing floor

and transported to the CO,urt Call holding area not later

that 074'5 hours fOr morning 'court and not later that 1215

hours for afternoon court.

General:

14.

,Direct' and route inmates as needed fo!" scheduled sick

call, vi'sits, court arlcilor other service's provided to the

inmate,.

15,

Maintain a good rapport with .all persons utilizing the

area by utilizing a cO'urt,eous ,and profession~al demeanor

at all times.

16.

Insure thataH telepl1onecallsto the security station

are answered 'by the fourth (4) ring.

TITLE:
17.
,18.

-
Page 4 Of 5 MAIN AND ANNEX JAIL

POST' ORDERS

HOU9INGSECURITY OFFICER 0032A

NO: H-2l0

Insure that inmates receive a - ten (10,) minute warning before the telepfiones, are ',turned off for the night.

, ,

-

Complete al~ incident reports and/or rule violations

•••••••••••••••••••.•••••••••

•

.' !.

•

.pri9r to the end of the shift, unless o.ther.wise directed by the Watch Sergeant.

19.

In-sure assigned floorofftcers are notified of all alarms

or unlisual occurrences in the area.

2.0.

Insure that the scheduled, clothing exchange is conducted.

2l.

Insure that the schedule commissary delivery is

'conducted.

22.

Be aware of the location Of each floor officer during the

course. of the shift at all times..

•••••••.•••••••••

• • • • • • • •

•••••••••••••••••••••••••••••••••.••••••••••••••••••••

• • ..

MAIN AND ANNEX JAIL

POST ORDERS

TITLE:

HOUSING FLOOR OFFICER 0033A

NO: H-nO

EFFECTIVE DATE: 6-10-89

REVISED: 12 18-~9

APPROVED .BY:

Captain·T.Gattie

AUTHORITY:

POLICIES AND PROCEDURES

HOURS OF DUTY:
WATCH I WATCH II WATCH III

2248-0700 0648-1500 1.448-2300

sHDAIFYTS::

MONDAY-SUNDAY
AliL. . ..

EQUIPMENT ACCOUNTABILITY:

REQUIRED UNIFORM PEN/PENCIL KEY SET HANDCUFFS SHACKLES

TERMINAL/KEYBOARD PNEUMATIC TUBE

INTERCOM CONTROL CONSOLE

TELEPHONE ~ONITORS

FIRE EXTINGUISHER RADIO

POLICY AND PROCEDURE

GENERAL INSTRUCTIONS:

Read policies and procedures manual and ROS.t orders.

Be in required uniform for duty as prescribed by the Sheriff's Dep~rtmental policie~ and procedures manual.

Check personal mailbox.

Complete Hme sheet daily.

Complete all sick slips and/or overj:imecards when n.ecessary ..

Attend briefing. (Watch 1-2248-hoursi Watch II-0648 hours and Watch_J}I-1448 hours,)

Follow instructions oJ immediate. superv.i;.sor.

Report to assigned duty sta·tion immediately after briefing is cpmpleted,

page l' of 6 MAIN AND ANNEX JAIL

•••••••••••••••••••••••••••••••••••••••••••••••••••••• ",

• •

POST ORDERS

TITLE: HOUSING FLOOR OFFICER0033A

NO: H-220

SCHEDULED DUTIES:

2300., 0700, 1500 hour,s

Pick up mail af.ter bri~fing is completed and insure its'distribution to the designated inmate.

2300,0700,1500 hours Receive briefing from the previotis , Floor Officer and assume the key set.

2300,1100 hours

Verify inmate head count in each area and confirm with -the Watch Sergeant.

1000 hours

Insure that a fully stocked cleaning -cart is placed into each housing area, and made available' for inmate use.'

14-00 hours

'Remove the cleaning carts ,from each housing area.

2100 hours

Verify inmate roll call count in, each housing areas and confirm with Watch Ser,geant.

0630,1430,2230 hours

Insure that all arei!ls on the floor are clean prior to being relieved ~y the Floor Officer.

NON-SCHEDULED DUTIES:'

Security:

1.

Maintain security on housing flo.or by insur·ing that all

doors are secured when' not in use.

2.

Supervise all hou_sing floor activi ties.

TITLE:

Page 2 of 6 MAIN AND ANNEX JAIL

POST ORDERS

HOt/SING FLOOR, ,OEFICER 0033A

NO: H-220

••••••••••.•••••••••••••••••••••••••••••••••••••••••••'

3.
4.
5. 6. 7. Count: 8.

•

. ' .',

Insure that vi:sual secutHychecks of' the ,inside of inmate housing units are comple'ted and documented via the JMS CELL event, at least once in the first four (4) hours' of the shift and at least once' 'in the last four (4') hours of the shift. Visual security checks mean entry by the correctiClnal officer into ,each of the individual inma,te cells.
Insure visualsecurny and,walk througl1 security checks of the inmate housing units and program areas are completed at least once each hour. Visual and walk throl.lghsecur:i,'ty checks m'ean walking along the corridor and looking .i:nto th~ front of the cells .i:n the Annex portions of the Annex' Jail. The remainder of the facilLty housing units and programapeas shall be'checked by walking in front bf the cells, circulating around the catwalks and looking into each cell via the observation windows,.
Insure that all cell doors containing pass through hatches have the hat'ch' remain clo,s,edand, locked exc'ept when a staff member is utilizing the pass through while in the process of conducting their duti,es.'
Do not 'anow inmates classified as adnlihistrat.i:ve segregation to commingle. Two module doors in lockdown cells shall riot, be op'en,a:t the same time. :Insure that the cell dayroom is empty and that no one is hiding in the dayroom or, shower area before opening 'any module door.
Insure all windows perimeter are checked for damages at
least once a snift, via theJMS event PANE,. ,This may be
d0l1e in conjunction with' the internal visual checks as
described in #}.

Conduct all inmate counts in a timely 'manner. Insure
that all counts are verified by checking coUnt totals. If the counts are ,incorrect, recount and contact the Watch Sergeant.

Page 3 of 6, MAIN AND ANNEX JAIL

POST ORDERS

TIT1E: HOUSING FLOOR 9FFICER 0033A

NO: H-220

Sanitat.i:on and Maintenance:,

•••••••••••••••••••••••••••••••••••••••••••••••••.••••

•

.,',

9.

Insure that sanitation inspection of the inmate housing

areas are made at. least .once. (1) during .each shif.t. , The

inspection shall note any prob'lem area (s ) and take the

appropriate action to resol:v:e the problem during the

shift. This may be don@ in ,conjunction with the internal

visual checks as described in.#3.

10.

Insure all equipment is properly located, , operational,

and. in s,er.vic.eable. condit~on. If any' equipment is not

f1.lnctioning properly; an HHTS shall be completed via the

JMS system. The Watch, Sergeant shall be notified

~mmediatelyof any emergency equipment .abs,ent or in'.heed

of repair.

.

11.

Insuretha't the housing units, 'interview rooms and lock

down cells are maintained on an appropriate level of

cleanliness.

12.

Insure t.hat t'hereareadequate cleaning supplies in the

j ani'tor' s room to maintain floor cleanline·ss.

13.

Assign cleaning duties in the housing units.

Visiting:

14.

Insure that inmates are verbally .notified in advance and

promptly removed from their housing un'Hsfor .all court

appearances, visits and interviews.

15 .

Insure that all inmates are removed. from their designated

housing ,unit aQd directed to the appropriate visiting

.area within fifteen (15) minutes from the time the JMS

'nag is received on the housing floor. Visits include

~rofessioilal ;interviews, sick call and. pe{son~~ visits.

J:)uring 1'.011 ~all count (approximately 2100-2200 hours)

inmates wi,llnot be removed or transported from their

housing unit or' from the ,housi·ng floor.

Page 4 of6 MAIN AND ANNEX JAIL

POST ORDERS

TITLE: HOUSING FLOOR OFFICER 0033A

NO: H-220

Correspondence:

16. '.

Insure. that inmate correspondence/paperwork/etc. is .distributed to thea,pprop:r.iat'e inmate within one (1) hour

••••••••••••••••••••••••••••••••••I•••••••••••••••••••I

•

, '

•

of receipt on the floor.

17.

Insure that: mail,collected from the inmates duri:ng the

course of the shift is route.d to the security station.

18.

Insure that; all inmate request slips are picked up and

answered or .forwarded for. an answer' and then returned as

n.ecessary. Insure that each. isc'orrectly routed to its

proper destinati.on.

19.

Insure that all outgoing mail is properly addressed, with

the return address in the upper left hanci corner,

including location .ahd thefa.cilftyaddress. And, insure

that the addressee's address is clearly printed in the

center of the envelope.

Meals:

2.0 .•

Insure that. the distribution of: the inmate meal is

initiated. within five (5) minutes from the time the first

food cart 'arrived on the floor.

21..

Two inmate workers be assigned and, utiliz.ed to assist in

the deli-very of food trays to .each pod.

Court:

22 .•

Insure that all inmates, .who are designated to appear in

court,a;re be removed. from: their designated housh'lg. floor

and transported to the C6urt Call holding area !'lot lat.er

that 0745. hours ,for morning court and nO.t .later that 1215

hours for afternoon court,.

General:

23.

Direct ,an.9- route. inmates". as needed for scheduled si"ck

call, vi'sits, courtand/or other services p'rovided to the

inmate.

TITLE:
24.
25.

Page 5 ·of 6 MAIN AND ANNEX JAIL

POST ORDERS

HOUS ING 'FLOOR OFFICER, 0033A

NO: H 220

Maintain a good rapport with all persons utilizing the area by utilizing a couI'teous and professional demeanor at all times.

Insure that inmates. rec~iv.e a ten (10) minute warning

••.•••••••••••••••••••••••

• •

before the telephones are turned off for the night.

26.

Complete all incident reports 'andlorrule violaUons

prior to the. end of the shift, unless otherwise directed

by the Watch Sergeant.

27.

Insure the shower schedule for lock down units are

star.t.ed at the beginning of Watch III (1500. hours-,). . Odd

cells shower on odd days and even cells shower on even

days for thirty (30) minutes per inmate (15 minutes shall

be allotted fo't a shower .and 15 minutes shall 'be allotted

for a phone call). For example, if there are two o.r m<;>r'e

inmates in a lockdown cell, they w.ould get 15 minutes for

each inmate, but not more than one hour for more 'than .4

inmates. In the event two odd days run together at the

end of the month (31st and Is,t)" eac::h cell shall receive

a fifteen (15) minute shower for t,he 31s,t and. begin on

the regular schedule for the 1st. The inmate .shall also

have access to tl}e telephone during this time.

28.

Insure that the sche.duled clo,thing exchange is conducted.

29.

Insure that the schedule commissary delivery is

conduct~d .

••••••.•••••••••••••:

30.

Within the first four (4) hour,S of Watch II and again

during the first four (4 )ho,urs of Watch III each day,

one cup (80:1:) of hot coffee will be offered to ' each

inmate SO,nfined to an isolation cell. During tile last

four (4) .hours ·of Watch II .and again during the last four

(4) of Watch II, one cup (8 oz) of hot water will 'be

offered to each inmate confined to an isolation cell for

the purpose ofma'king instant coffee, hot chocolate, or

soup.

Page 6 of 6

• • • • • • • •

,.•••••• "
·..'''••.•••••••••.••••••••...•••..

.'

.. ,

'

- ": .

--- .,
•

, '

"AT'TACHMENT'~' n,E.'I,

=

-

,

" -

.

·,"•'••••••.••••••••.••...•"•.'''

'
"

"

"
. '

-,
-.
"

"

, '
. '.,
. - "

. "-

0'- _ _

.."',•
••••••••••••••.
• •
••fIj,

,

..'-
BOC Code: i05

•

. ."

•

Board of CO,rr,e'cti,QI\S 90/9.1 Inspection, Cycle, Informatipn Shee~

Field, ;Rep In.J:tials," KV

.,

. -

~ - "". " -

.

-

.

-,. - - '-

~----------""~-------------------""'!"--~----~-''''''':---'''':':----------------------------~--.-----

DESCRh'TION
------------- .... ------------:-------::-;..;~:-.;..;...~-~--------------------..;.--:----...;...:.:---~-;;...-,-------

1. Facili{y Name: "FRESNO C.I5UNH MAIN JAIL

3,. Address,:, 122SM STREET'

,

2. Date~:, 12/09/9,1
4:; Typ,,,: ,II

~. Gi~y:FRESN()

6;0 P;horie:(2()9) 488-291.7 ,70 Zip Code: 93721

8. Couhty: FRESNO

9. Adm: SHERIFF ST.EV~ MAGARIAN
n. Mgr,: CAPTAIN TOM GATTIE
i3. Last Health 1~sp'e'Cti0[1: 08/02/91

(209) 488-;3121 (209)488,...2917 Fi're'luspeccia'n: 03/15'/90

_______ . . . . :...'-:;;..;.... ...___ -- _____ ;-..;.:_~:.;;.;..._ _-;.._-.'-----,----------,..-'~--_

-_~;...;...--

-------~-...;.;...-.;...--.-..c.

... PHYSICAL PLAN~
---...:.:.--:-------------:...--:....-~.--,~:--------------------...;:...:..., -~'-,-~.:---:---...;...;.----------------....-,

IS.a. Year Ori:ginaliy Cdrisfructe~:L~B'9

b. Las't Major Remod"l;: 1991

c.AppHcable 'Physical Plant Standard's':'

.... ----------------,-.~-.~..:.:------------:'-------- ...;.~~,;...-.":""~;...----~'-,-;...-.-----------------------..,

'••••.••••••••i.'
.=••

P:OPULATION INFORNATION
... ~.....;-,----;....---:------------,--,-~ ,~~-.'~:~------------------------,---:-'--...;;~.-~~~.;....---'--------,

t6. Boa~d Ra.ted.Capaci,ty 17;. Number .of· ])'eds

1'8;. POpulation

Meld/Hal< M:i'nimulIl Total

Hed/Hax l1iriimu,m, Total Se'nt. Pretria.l Total

H: 31b M: .0'
'F: 106 F:. 0 1124

------- -------i
H: 878: M: o F,: ;282F:, o

.1160

-:.--;..~-
M: :3037 i1:
F: 82 F:

506. 124

1049

... ----------:..-':...~;..------- :...-----------..;.----,:...-~:-'~~~"':".,;....::-~.-;...-~------------------------.---.

INGIDEN1'S (.pAST 12 110NTHS)

---,.....; .:.;.::...----'- ....-------------------~'~'-~--~~.

.... -----.---------------.,..-~:...-.....;-:---,:..--:----...;;--;..-----

Number ofD'eaths': 'Sllici'de,: o

'20. Maj,or, Dis,turbances': o

Physica.l Assaults on,Staff,:: 26

22., Number, of Fires: 53

Number of ,Escapes': '50

'

________________ .,..._~~-:_:_~,-:...-:-~-------------------_--._....i.;....:-;...~-~~:_::_.:....---.,...-------.;.--------
24., EQUAL OPPORTUNITIES AND ,fAcl,LI;Tl:i:;,S 'FOR MALE AND, 'FEMALE,lNHATJ!.S? (Penal Code Secti'on40l9) Yes':'X 'No',:

------------------------ STAFFI.NGI~FUR,MATION .... ,---------------:...':....;;.-;,.----:...-----------------------...;;-:...----~-'-:... (Types II,!.' III, an':! IV Fapility Orily)

--~.~-~---,-:---------------.---,~-'.:...=--.-:.-:-.-.-,-----,;....---------------.,..-~,;;:;.,--:---.....:-""!"'----------.--

25'. fUll Compl,eljlent Cust:odyStarf.: ;3,28

PosidonsCurrent'l'y Vaca'nt!i 9

26'0. Full Complelll,enJNon,...Custody,St'aN;: .12 P,osl t;ions CurrendJ' Vacant:, o '

:•••••.••••:.

--..;-..;.:...------------,--~~~,-:~:-~..;.---.,...-------------:----,-~ --"..;.-,--:--:--:---.-------------------

••••••• • • BOG Code: 705

Board cifCorrections

90/91 1 ns pec t:ioh Cycl erro~-"C'oa;pl.i:anceSuUI:la r.y

.HlNIMUl1 JAIL STA--NDARD..,-S

"

•• MaJor

• CategOry Descript"ion

• --------, -----~-~---

:05

HEALTH OFF.1CER REPO~TS'

Standard!

Cod:e

Description.

--------- ~--------

•• 0]

FIRE AND LIFE: SAVETY

9998

No Cur[elf:: if.e i as pee tior:

••••••••••••••..•••••••••••••••••••••••.•••••''• s:i-O"-l'"R-PT. (REV. 6/91)

• 1

BOC ,.Code: 705
.•.•,\ "

STATE BOARD OF CORRECTIONS
•BIENNIALINS'P~CTIO~ REPORT TYPE 11 AND III FACILITIES N~ROCEDURES)

.. Name of Facility: Fresno County Main Jail

•

: Person( s) Intervie'.ed: qeutenant Doug Papagni

• Date 12/09/91

Field Representative: Miguel Calvo

•.-~A~RT~ICL~E ~3. ~T~RA~ININ~G-~PER~SO~NN~EL-=MA-NA-GE-ME~NT~~~~Yes-N-o ~N~/A ---Re-ma-rks--------

: 1020
• • • • • • • • • • •

Jail Operations Training A. All custodial personnel have completed
the "Corrections Officer Co,eCourse"
as Aescri bed in Sect·ion 179 of Title 15, CCR, Custodial personnel may substitute 832.3 PC training'and the "Corrections Officer Basic Acad'emy Supplemental Core, ,Course" as described in Section 1'80 of Ti,tle 15, CCR, as an alternative.
- - - -B;. ;-A-l-l -s,u-p,er-v,,i-s-il-ry-,p-er-s-o,n-ne-l--ha-v-e;-;------ X - -
completed the "Corrections "Officer Core Course" or acceptablealternative identified in Section 1023.

STC participant.

• "71~0~2-;;3--;;J-a7i""1""M"'a-n-a-g-e-m-e-n""t-'-:T""r-a"""'i;-n""'i;-n-g----------- -.X'-,-- - - , - - - - - - - - . - : . . - - - - - -

•

A 40-hour jail management trailling course

•

has been completed by all managerial

•

custodial personnel. (Supervisory personnel

•

may substitute .this training ,for, 1020.)

X

• Professional Training - - - 710;;-;2:-;:5--;:---;:----.,..--:;-;:,.......,~----------

-

------------

•

All custodial, supervisory, and mana-

.'gerial personnel, have completed "Annual·

•

Required Training" specified in Section

184 of Title 15, CCR.

- - - - - - - - - - - - - - - - .• , 71';;";02:-::,7;-"'~N-um-b.er,o.f.P-er-s~ on-n= el--~-:----------- X

•

A. There are sufficien't, personrHn on

•

all duty ,at

times (whenever there

•

is a person. in cust0dy) to permit

."

in'ter'mittent, direct" visual supervision

and the ability to' respond taany inmate

•

in the event of an emergency (male and/

•

or female).

- - - -X
• ,-B;.:---A-:s-t-a-:f-f-i-n;g:-;p:-la::n,-i-n-,d-i-c-;a-t:i-n-g:--p:~e.r,s-o;n--n-e-l--;-:--

• assigned and thefr duties is available.

• C. Inadequactes in staffing plari are re'- -;;-----=---;----;--,---,---:-~---.,..-,-,-------:-- - X- -

-

• ported, in "riting, with recommenda-

• tions to local jurisdiction having

••• _ _ _ _f_isc_al _re_sp_ ons_ib_ilit_y. _ _ _ _ _ _ _ _x_ _ _ _ _--'--_ _ _ _ _ _ __

• • • • • •

.ccn 10 ~mJe(l}

•••••.1029
• •
• •

Policy: and Procedures Manual

A..T.here is a published manual of p:6Hcy

an,j. prcce.clures fDr the,hcil'ilty ·.whicK

includes scund .cus todi'~l,procedu res 'and

plans and prcced'ures 'fcr 'emergencies as

,.outlined

in

t h i. s

se -

c

t

ie -

n -

.','

- . J - X,
- B: . :- P- ol;ic:y:-an:d=· -p- ro-c-e; du-r- es-:m-a~ nu-a-l -i-s-;~----;- ...-.:-.

availableteall employees.

-;;---;::-:=--'--="'7"'~-;--:77'"=--:-::-:;-;-;:-::--'-----' _ X-,- _. _
C.PclicY andpi'oceduies 'man'.!al H

upd'atEidimnuallY .•

e"{ · . . . : . L ,_ _··_· ~ --'-AC:R:-::T:-::1';;'CL="E=-.·-;.~-;.-:-:-.';;'RE=-C:CO::-:RD:-::.C:::s:-::-&-P=-.UC::B::-:L"'I:-::C"'·-';-IN::>F:CO::-:R~MA=T-';-IO=-t::-l~~- Y Nb Nt.'\. ---:R::-e-m-a-'i:7k-s- - - - - - - -
•• :;',1';;0;;'4';;0""-.::p""c-pu-;":ta-t:-i"'c"'n-·'"'A::-c"'c""o'-u-n"':t:-i::-nC"g-C-,- - . , - - - - - .----------~~--~-~--------

..

The f·aciIi.ty maillta!ns 'an ihmat~' pcpu'la-

..

ticn. acC'cuntlng: system "hich reflects 'tJ,!,

· ~-- - t e n c.mecndthlyaanvdeuransgeen.tdeatUlcy~d;pp.crpiuslcantefcrsn

·6fsen.bycate-

•

gcrie's of male" fema]!.e" §lnd Juvenil:e.

• -:'1"'.04'7-1:--.'"';=In-m-a-t:-e---:R::-e-c-e-r-d.,.s-------~---~---.,-

-----------------'

•

Apprcpri'ate iadlvid\.(al. :inmaterecDrds.: .(>0'

intake informatiDa., personal property re'"

•

ceipts, commi.tme.nc· papers:"ccurc" orders,

•

fepcr.ts of ·disciplinary..action, taken, .

•

medical .orders i'fsuedliy. ~he respcasfble

•

.physician and st'aff response;;when.appropri,.

•.

a.te '. and non_medical .informa't'fon regard.'ing·

.

.ai~!,bili:ti:es..and other 'limi'tadons.•

•
•

r043 Inmate Welfare X ~-;;:-c;::--=-:~..,,-;:-:-F-:u:n-d;":';~:c:c-o:u:n-t;i;,n-'-g:i:---:-;--;:------ - - -

-

.-~--------~

•

A. lfthe facility Dperat.e~ a c9mmissary

•

for inmates, ft.coafo·rms with. Peaal

•

CodeSectiDn 4025.

-:-----::,..,....,.,-,-.-,--_-,--;-_ _--"...,.,--:---:-_ _-:-_ _ "';'X.:... _ . _

•' •

B. Fadlit'y pr.epares an i:t'emizedannual

'iepcirt .of' expenditures f·renl the 'inmate.

•

welfare furtd·.

;X

• ,~C-.'=--l:t,e-m--i,z-e--d-:a;n--a-u-a-L-:-r-e-p-o;,r.t....of..."e.x,p-,e-n~d,i-t-u-r.e,·,s-'-~ - - -.- .. "-'- .

• is .pos ted' 'in the facility and' made avail-

able to the public and iu,lI!ates as spec1f'ied

• in Section 1'045 of these r"gulations •

••• _L_·- . - -~-------- '." .1,0.4"4,..I,r-i.d-d-e-r:it:-R:-"p"o"r:t's:-:--c---=-------------'--

•

A. Ai.r.ittea record of, all incidents

•

"hich res.ult In physfcal ha):-m or seri.-

•

ous threat of physical .harm t9an, e.m-

'.8

ployee or iamate' of a deterit'io'n fa-:

·ci·lity .or Dthe r. pe rsons is, maia'c afried.
: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _L_;_·· _ _ _ _ _~~_ __

• i
'•tj.:'

•• ,--:-~,"ARTI'CT.E-;;-:---y-;::;;;rti"~")"""j
•.104A Incident Reports B'. Such records include names of persons involved ,a description of the incident,
• actions taken and date and time of t,he
• o'ccurrence'.
• X
• - - - - C. Wt,itten record i s prepared and sub- -;;--~....,.,..,----;--;--,----.,.,---:----,,-----
• mitted within 24 .hours of .the incl,dent. • ·x : .1,0-4;5;'-;P-~;:b:l-i-c::I-n-f:o:r-m-;a-t:i-o-n--P=-la--n;:----:----::~--------'-- - - _ . -

Remarks ------------

.'•
• • • • • • •
•

A. The facility has a suitable plan for

, th'e dissemination 'of information to

the pu bUe' ,goyernlileht, agE;ncies and

news media.

X

B. The State Board of Corrections' p u b l i - - - - -;::---;;;;---;~---:;;c---;---;;--;;-----:--;----;--:--;----

-

catlons--"Gufdelines for the Establishment

and .,Operation of Ldcal De,tention

Facilities" and "Title 15 of the Cali-

fornia Code of Re'gulations" are available

for review by the. public andinm",tes.

-;;C:-.--;:F;-a-c~i;-;l:-i;-t-y-ru--'l;-e:-s-a-n-;d-'-p-r-o-c-e~d;-u-r-e-s-a=-f;'"f;:-e"'"c-t:-'17",n-g'""'-'-

-

X ,-

--,

--

•

inmates as specified in this section

•

ate available to tl}e public and iOillate~.

• •

--;-::=:-:-;:-...,,--~;-:-;;-='=-:"=~,...-,;-:==-:-:=::-'"--
ARTICLE 5. CLASSIFICATION & SEGREGATION

"Y':e'Ls

-No

~--""';;"7'"-;--------

N/A

Remarks

: 1050 Classificat ion Plan

• • • • • • • • • • •

A. The facili-.ty has '\ written Classifi-:

cation plan design'ed to properly assign

inmates to hOUSing. units and activities.

:-=:----::--.,-.,-----,--:----...,-----"'.,--- -,X- - B. Inc.ltides' receiving·, screen'irl:g- per-

formed at intake by trained 'personnel.

- - - ::---::---;----;:-----,;--;----;---:-:--:-;:-:---- X

-

C. Record of each inmates' classifi-

catIon level, houslng restrictions arid

housing assignments.

- - - - -:----:::---::---:-..,.,.,-:--:-----,---:-,---,:------ X
D. T'he facility has an actively function-

ing classHication system and'ior

cl,\ssifica~ion committee as specified.

•• ~1~0~5~3;--~A-d;-m:-i;-n-i;-s-t:-t;-a-t:-i;-~-e-.~S-e-~-r-e-g-a-t~i-o-n----~-----'-X- - - - - - - - - - - - - - - - - - - - - - - - -

•

A. The faei'lity, provides for adininistra-

•

tive segregation' of inmat'es who are

•

determined. to be prone to escape,

prone to ~ssault staff or other in-

•

mates or likely to need protection

•

from other inmates.

• _ _ _ _ _ _ _ _ _ _ _ _ _~_ _ _ _ _ _ _X_ _ _ _ _ _ _ _ _ _ _ _ __

• • • • • • •

•• ,:-.:....-...,.'.-:-:AR:::T=l-:::CL:-::..E~-;:-~.,---:----,,,....--,

.y

•.-1=0:53:":dm-i-ni:s:tr-a-ti:~-ve:-Se"g"re~g"at"io"n"'-~=-::--'--'"--':--------------------­

•

B. The administrative segr'egadori con's'isJ;s

.:

of separate and 'Secure housing with no

•.•e·

Clep.rivation of 'privileges other. than those. necessary to' obtain ·theobjective. of protecting inmat~sa,nd ·staff,. ...
~

• "1';::0"55<'·--,;U;-s":'e-o:"f;:-;:S;-"a-;:f-e7ty:::-;C;-:e"1"1-·T(W;";"A"'l;----------'---"- - --".-. -.:-

----------------

•

·A. Safet-Y' cell speCified inTitl~ 2'4,;

e, .

Secti~n2-1013Cb) is used orily for the holding of mentally disordered 'in-

•e'

mates who' display bizarre•. behavior whfchresults in titi! crestruUion of 'cell

•e.·

furnishin~fs orrevealil an.·intent to cause self':'inflicfedphysical harm;

•

placement requl,restheapproval of :the

f ';:crli ty:manager ·o.r 'watch~o.mm!,nde r.

•
.• 0

-=B,.-.--=C-o-n-'t7i-n-u""e""d-re-·""fe"-n--""t"'i"'on:--o""f-=-"'iri"-in:-a"'·t"'e:--i:-n-s'-u:-c-:h-.-~: ~.X~ .-- - -
cens 'is reviewed. a mi'nimum of. every 8. ht·s·.·

•

-:---=~--,~--:--=_"-:-.,.,---:'_ _--,---:--_ _ ._L _ _

•

.C. Iiltermit.t.en·t di:rec.f ')1]:S\1a1: :sllpervi!s}on

•

is provided at leas.t ~veryl"df hour.•

~~_ _~_ _--:-~__~__~~~~______~~~.X

. ~.__________~___________

• 1'056 Use of Detoxiflcation: 'Cell CWA)

-.-'.- --

•

.1\. D:et6xii'icatfon ·cell specifIed in

•

Ti.tie·24. gecti'onZ.., 100(0) is

•

.usedonlY for. the housing 'of' inmates

•

who are .a thr.eatto. their own. safety

•

or the ·safetyof .other·s ·due to theii

.

stAte of in,toxication.

••••• X
. 'C-.;:-~In-:in-a-:te's:'-, -a,r-.:"--n-O:-.t:. -r:::et-a-i-n,·<-.-;-d;-:i~n-·-.;a--d--e,t~o-x-;i:f--=--- - - - - . ication cell .over 6 ho.urs: .wi~hout· :r:eCQrdEfd..
• observ'ation' by"a 'medical ·staff person.,
e • x . . - ' - : - .- - - =----=--__;_-,------;c:------,--,----~--

•

D. Intermittent direct· visual supervhiion

•

oft,nmates in detoxification' cel1

;-1~O-;;5n8--'U"'s-e-o""f<'-:.R::-e-~-', 'conduCted noles~: than every Mlfhour.

:

t""r""a"'t"'n"'=t'":cs:,.-:;C7'.1;-;A")----------''-----'· _L: - - - - , Not i n's pe c t e iI this .bienn i a 1

.•

.1\., Th,ese "re written procedures for

cY,cie,.

•

.theiuse of cestra.in,t devices'•

• ..;.:._ _ _ _ _ _ _ _~_ _ _ _ _~_ _ _ ._ _ J _ _ _ _ _ _ _ _ _ _~~

••••.••It'

• •

• ',ARTICLE

conUI~U'"U}

.•" 1058 Use of Restraints (I~A)

• B.. Such restraints are used onty for

the holding of mentally disordered

• inmates, an4/ or inmates who display

• bizarre behavior which results in

• the destruction of cell furnishings

• or reveals an intent to caus,e

• self-inflicted physi'cal harm; use

requires the approval .of fac,ilitY'

• manager or watch commander.

• X

• ,C. Continued retention in such r e s t r a i n t s - - - - - ~--=---",-,--.,.--:------,----:-----:-------.,.------

-

• is reviewed every 4 hours.

• - - -- -- X
• -D;:. :--M:-;e-,-d;i-c;a-l--;r-e-v--i;e-':.--f:-o;r:--,-c-o-n,-t:i-n;u--e-d,..r-e--t:e-n'-t-i:o-;n-.,,--

in restraint devices occurs at a '

• minimum every 8 hours.

'•. =--:----"'.---,--:--7"--:--:-~---::---;----=-------E. A mental health consultation'is

--

--

-

X -

• secured within 8' hours.

• =F..--=In--te-r-m-:i-t-t-e-n:t-' -d-i:r-:~-c-t-v-i-s:u-a--l:-s-u-p-e-r-v:i-s:i-o-r.i,.-- - - - - - X-

• is logged at: least eve'ry 30 minutes;.

• all inmates in restraints are housed

• alone.

•• __ x •

~~~~~~~~~~~~~~~____

ARTICLE 6. INMATE PROGRAMS & ACTIVITIES

Yes No

ii/A

RelJarks

• ~1~0~6~1~~I-n-m-a~t-e~E~d7u-c-a~ti~o~n~P~r-o-g-r-,a-m--------------------------------~R~e~,~st~a~r~t-p~r~o~g~r~a~m~(C.G~E~D~)~.--~A~d~u~l~t~

•

A. F.acilitymanager has planned and

educat'ion is in process of

•

requested of appropriate public

'being ,reinstituted. 'Parenting

• • •

officials an inmate education program. '0"'"""--:,..,-.,..,-',.---,---------,------,---------------- - X'- - B.. Facility has an 'education program
available to all inmates.

program als'o available.

• •

..,...,...,-=--.,--------,-...".....----------------------
1062 Visiting (WA)

-

X -

-

-

---------,---------------

•

A. Ty:pe 11 facility provi'des for no fewer

•

than 2 'visit's, total'ing at least 1 hour

• • • •

per week. X
B. Type I I I f a c i l i t i e s allow for 1 or more _ _:_::___,_-- - - - -;:----=----:;-:;-;c-;:'--;-;--;-c:'-;---...--~~
liisits, totaling' at least 1 hour per w'.,ek.

-"

•

C. Contact visits' are allowed to inmates

•

'classifiedminioiuin, security under

•

cfasst'fication plan specified in'

Section 1050 in Type III facilities.

·••••••••.' -- - - • ------------~---------------------

- - X ~-------------------

•.~.,~r:G'iZ~TcOO~~
•.-1~0~6~3---C-o-r-re--sp-o-n-d~e-n-c-e----------------------------------------------~--------------------------

•

A.ThefaciIity has an, 'inmate corres-

•

pondence plan which provides that no

•

limitation is placed on the volume 0'£

mail an inmate, may send or receive.

• ------'---....,--,-.,.-----,-,.......,..---- - X- , - B. Such plan provIdes that mail is not
• read excepi where there i~ a valid

• ,se<;urity reason to justify such, action

• and, the facilify manager app~o~ej.

• -C=. ---C-=on--f-i-d-e:-n,t,i.a..l,-c--o-r-r,e-s-p,-o-n-d--e,n-c--e--w--i,t-h-,-t-h-e-,-----' - X- -

-

• courts, certain public offfd:a1:s, the

• Board of Correct iOris, the facility admin-

• istratorand!or manager is permitted'.,

• ---=--=",...,-".-..,..-:---,-,,----:----,:------- - X- -

-

• D'. Confidential mail searches for contra-

baile}, cash, checks, 'or money orders, are

• conducted in the presence of the inmate •

• X
• - - - - - E. -I- nm- ate- s - wi- tho- ut- fu~ nd- s - are-p- erm-it- ted-a- t -

• least two postage-free l'e'tters each

• week to family and friends.

• ________- - - , - , - - - - : c - - - : - - - " - - - - : - - - - - : - - - - - X- -

-

F. Inmates without funds are permitted

• unlimi ted pos tag~-f ree corres ponden'ce

• with his/her attorney and the courts •

•• -:-:-:,..,---::-:-:-:---_.,,--~------------ _X_ _ _ _ _ _ _ _ _ _ _ _ __

.'1064 'L'ibrary Services

•

A. Facility has develop:ed and implemente'd

an inmate library service. Such service

.'

may be established with the local

•

county or ci ty library.

____________________~----~__- - X - - , -

• B. I. Library service provides acces's to • legal reference materials and' to informa-

'tion community services ,and resources",

• X • 2. Legal codes on site, regularly updated:- - -- --

• X- , - - --=---::----------,-,--,-~---,:------'-
• 3. Inmates are escorted to a law

• library off the Jail site.

• ---- ---- - - ---:4-.--:L-e,g.a.l-,:m--at-e,r-ia-l-s,-a-re--b-r:o-u-g-h:t--in-t-o:----

X

• the facility from another location • •• ~,..,,--_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _X_ _ _ _ _ _ _ _ _ _ _--,-

• .1065 ,Exercise and Reaeation

.'

A. An exercise and recreatiOli program is

.,-•

'avai:lableto inmates, in an area

•

designed for r,ecreation.

X

----------------- - - - - ------------

• • • • • • • •

••.,,-~rnrc~~~~'df""-;
•4tTO~~~~::r;~~~lR~e~c;r;e~autJi~o~n~.--~=--~------------------~------==~----~----~----~------

itt
i

B., Th~s program allows a minimum "oft three.' hours of such activ.ity distributed over

e

a period of sev,:n; days.•,

X

."'1"'0""6""6-.'"';"'B""o·o"'k"'s-.-,-:N:;"e-w-s"'p-a-p""e-r""'s"'",-""a-n-d""-;'P"'e-r""I"'o"'d"'I"";c"'a""l~s-,--------- - - ' - - - - - .-------------------------

i

Inmates arepermr"t ted to purchase., recei:l(e

•

and read any book, newspaper, or period'ical.

" accepted for·distd,but:!:on' by the United

e States p..ost Offfce •.
~ X - - . - - e · "'·1·0"'6'"'7,-·-A:-c-c-e-·s,s~.t-o=-T-e=le-'p:h-o-n.e..,.,-.,...,...----------

------'--'-~--'--:--'---"--'

eFacility allows' reasonable access to a

•.

telephone.beyond those' teilephonecal1s

.re<iUi~ed byPenai CO~e§ectj;on 85.1 ,,5.

X •...."'·.1·0""'6"'·8,.-·-A.c.ce.s,s -to-C-o-ur-ts:' - - , - - - - - - - - - - - - - - - - -

---~--'---------

•

·A. ,Facility insures inmate" s r'ight . to .

•

haye access. tot.he \!ourts bya;llo",~ng

•

unlimited ..mail as .proyi.dE!d' in Section

•

1063(f) Of theseregulatlOns.

•

-B;.;--'P-=r-o-v-I-d"e.s,-:f-o-r--c-=o-n'f-i-d--e-n,t~i-a-l-:c-o-;n-s-u;l----"7"""---

-

X' -

-

-

i •

·tat10n with attorney.s.

~

• "'1"'0-:6"'9"-'~ln~··~m""at:::·e-'0;:-r-1'-·e""n"'t"'a"'tc"'i'-0"'n-·-------------~--------- - .~ -.-"-'-

--------~----------

e •

·FaCilitY· has de'velopedand, implemel1te:ci a progra"; reasonably understandable to·

·inmates designed to orien't a.newly r.eceived

.eirt.mate ·at the time of placeme:lt In a .H.ving

e a . r e a ' , covering areas spec.i.Hed fn .):I>is'

.:

seCtion of the regulations.

.

~

"-::::-::c;:--~;-:---::-:---:-;:;:--:-:--;;----:-;'--~------ - - -

-

,.-'-...".,..,~-",----.,.,--"-:-..:",,..--.,,-,,----

• r070 Individual/Family Serv.fce :Programs

AA, 'NA·, au·d. Local Health

•

i. The faCility h,as a poHc)To,f, coqperat-

DepartmenL

ingwtthappr"priate .public or private

•

agencies for indliridualand!or r"llli.,ly

. s ' o c i a l service programs foi:'· inmates •. '

• - B=. --S-- u: ch:-a--p=r-o-g- ra-!-D-,u-t-j.-'l"i. z: e- s·:-a-v-a-·t-r,a~b:l- e::-co-m-. '---- - X- -

-

• munity s.,rvices. and 'r",sou,rc_esefther by
• e'stabHshinga resource guid'e or a~.t.u~'l

servi~e delive~y.

•.-m-;;;--;;-:-::7':":::--7.~~----------- 8• 10B Voting (WA)

- X-. - ' -

•

racility !la.s a,pr9c_edure",hereby .the

•

.county registrar .allows qualifledv,o'ters

•

to vote, iIi local, state.• cand federal ,ele.c-

'tions 'pllrsuant .1:0 elect'ions .code'.

•·•••••••• ~- - .'-----~-~~---------- ~

-

----...,---------

•::,,---~':~:A~R~T~~~c7L~E~6-'--'(~c-o-n~t~i-n-U-edC)---'~~'.,,----------~--,yTe~s~.~.N~O-_~N"/.T~·---~~~e-m-a-rCk-s-----------------

• -:1-:::0-:;-7-;;2---;·R;-.e'1:-;i-:g~i-o-u-s-:O~b:-s-e-r-.v~a-n-:c-e-s-'-----==--------------------:---------==-----------------------

.'

Facility has ,policy and, procedure to

•

provide opportunities fOr inmates to

participate in religious services and

•

counseling on a voluntary basis.

• -:-:-::c:--=-----=-:-..,-....-';--::---;--------- ~X____________________

• 1073 limate Grievance Procedure

•

A written procedure whereby any inmate may

•

appeal and have resolved grievances .relat-

ing to any condit'ion of conEinementhas been

•

developed and implemented. Eor. ,the facility.

•

A. A grievance form or instructions

•

for registering a grievance.

X
• - - --- --- =B-.-=~R.e.s.o.l.u.t,i. o.n.,,o,- f -- g-r; ie:v-- a- n.c,e--a-t--l-o:w--e;s-t -,-:----'

• appropriate statE leveL

X
• --- C. Appeal ,to next level of review. - , - -::----;--...,...-:--:--;----;--~---:-----

---

• =---::-,..,..,----_ _ _--;:_-:--,..,..,--.,----_-:---:,---;- _ L ___ ___ • 'D,. Written reasons for denial at each level

• of review' which acts on the grievance.

• ""E'-.--P:ro:v-i-si-o:n--fo:r--re-s-p;o:n-se--in--r-ea-s:o-n-- ------ - X- --- ---

• able time limit.

•• ~--::---~,--~,__~~~.,_____:_~~,-------~X~-----­ F'. Provisions, for resolving question's

• of jurisdiction within the facility'.

• ________ .~~~~~---=~~~=-~
• ARTICLE 7. DISCIPLI:IE

X y'es No N/ A

••••••',1080
•

Rules and Disciplinary Penalties

A. Facility has established rules

and disciplinary penalties to

guiae inmate, conduct.

-, -X =B-.-=:R-u;l-e-s--a~r-e=-w:-r:i:t-t e::n-:a-n:d:-p-':O-s-t:e: d-;i- n=~;-;-:----

--- ---

housing units and booking area or

issued to e,ach inmate.

-::---:-:---;-..,---,,,----_--,,-_ _ _ _...,....,,--;-_ _ _ _X____ ___

Remarks

'.

C. Verbal instructions ar,e pro'(ided

'.

for illiterate inmates and others

unable to read English.

•.-:1"'0-:::8-:1-"'PcI.,.an-'~f;:-0-r.,.,.-:I;:-,n-m-a...,t-e-,-;D;-i;-s-:-c...,i;-p-::l:-:i-n-,e---~------ - X. - - - - - - - - - - - - - - - - - - - - - -

•

A., Facility has developed andfmplemented

'.

a plan for fnmate disciplin'e.

- - --- ~-::--:--~--,-----;----;--".-.".-,-;-~--;--- X
• B. Subordinate is designated in plan who

---

(. -wil'.l act on all formal. charges and,

'. ~henever possible, staff so detignated.

shall not participate in the revie'. if

they are involved in the charge-so
'I'..__ _______________ ~_~

,_X_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

'.'.\I
"(.

\I \I

•.-~~AKncLE:~~~c;'on~~~j

rks

. Limitations on Di

s

. C. Disciplinary "iSolatoion

an hav,e

minimum furnishings, and space' spec!'iie'd

• in Jrtle 24, Se"tion 2-1o.13,('b). Inmates

• shall lie' issuedc:lothing and bediB,ng as
• specified in. Art id"e S 12 and 13 of ,these

• regulations.

•• ----,.-_.--..:.._----,.-------.---- D,.Dj.sciplinarycelloccupants, who

- 'x~,~,,- - '

destroy bedding' and/or cIo'thing may
• be deprived 'of ,s';c:'h ~rttc1!~s. 'The

• decision to deprive inmates'of. such

• articles' is reviewedever::y.,24, 'hours. • -::---:;----:____----,-'--'"':-;-_.,--,--,----;:-____L,_ _

• E" No ,inmates exercise the ,right, of • puriishme~i: over other iQmates'
per Penal ,Code 'Section40r9.~S"

• ____--,----'.;..,---.,.."----.,....,.,,,..-,---,-----,'___~,_____: ~X-C-, _ : • F. A safety cell as, specHied ,in Ar,ticl'e
• 5" ,Section Hiss, is not used: for

• dis'ciplina,t:y 'purposes.

• __________-"-_-~------ _L _ _ G. No, inmate rs deprive'd of 'iniplements
• necessary to maintain 'im,ac{eptabr~

• level. ,of. hygiene as spedfled in SeCtion

•. t.26}0{ thesereguiati,?ns'.

'

_ _ _ _ _ _ ~--,--~--'------~ _L _ _
• H. Food isn(j't 'withHeld 'asa'dlscip-

l~narymeasur,:,'

• X

• ---,------0------,---.".-----'- - - - 1. Disciplin'aryiso:lation diet' .des-

• cribedin S'ecthm i24} 1:s:onlY

• utilized after all other forms' of

• <l:iscipline have been exhausted and,

• ,there, is a finding ona 'new charge.

• _

_

_

_"

_

_

_

_ , --~-~------

_L

__

J. Correspondence pri\!Heges ,are :nOt

• witnheld except whelCe cotr'esponden'ce,

• regulatI'ons have been vio'lated.

• _ _ _ _--'-_---~------- _L _ _

• K. D,eCision fo withhdldcOrrespond,ence",

• pt'ivilege is 'reviewed,every 72 hours.

• ,-,-, '-'-, -L. -A-cc-es-s -to -co-un-se~l '-is -no-t -sus-pe~n'd-ed~as-j:-

• a' dlscfpl.',inary measure.
• - • x - • - ro.8- 4 - ,D- isc- ip- lin- ar- y R- ec- ord- ~ ---~----.-.-

--------'-----~

eFacility maintains a ,record of all

'disciplinary infracHons and' puriish-'

•

,ment, ,admbis'tered per Penal Code

•

Seetion 40. 19.5.

••••••••• ______________-----------------------x~--.--------------~---------

•.' .soc .'PHYSICAUP~NT ,

:. - - ,C; ode:

7,05

'EV.ALU¥t'tONe

•• F--.-ACILITIES CONSTRUCTED AFTER .MARCH , 1-9:;8-("i:

•• Facility:, Fresno County, ,Ma'in jail

Date: 121'09191

• . . .... __ ____________________________ _ _______ __ ...;.;.._-o:~

-------"""'!--------~----------------

...;;::;;-o_;...~----:...;_

~_~~~;;.;;_~

~

.• n'> 1111 -RECEPTION A.NDBOOKING( Type l' &

REMARKS

_________________.;. _:_-___~~:-.;..._~_:.-o~_~.~-'.-------------~------------~-"7.~-..;;.~'..:.:-...,;~-!..;.;--.-:----~_._'-------_--~-~-----,

• A.. Temporary Holdirlg Celt,

•. 1. Contain 10, sq "ft. ()f. f:l"or:

spa,ce, -per. person;

• 2"Beifin.itecl· to no"more than
• x 16, persons;

X: .3,., Be nos'mal1er than 40 sq. ft.;
• 4. Con'tain sufHcierit seating
• to accommodate, all pers'oris;
• 5. Toi:l~t accessib~e;
• 6. Wi! ter faun taiila,cce,;sibie,; • 7. Washbasin acces.si~le;

X
'X'
,X' -X"'"

8~. Clear visual super)/isTo'n';
.•0 - - '-- 9., Provide access :1:0' telephone.

i:....i.~~

,x',
,~-

--,

• B. ,Gun Locker
• Is external to the, :s·e'cll.~~tyarea • and equipped with, iindiyi,!l.\lal,
• compartments, locks:, im'd' keys.

'-'- '-'-

• Detoxificad.on Cell • 1. Cont~ln~ 20 ,sq. ft,. of ,floor

• area p'et person;'

X

• 2. Be limited to ,no mor:.e t.h~l}.

•. B persons.

x

,3. Be no smaller than 60 sq. ft".;;

4. Contafntoilet;

•.

• 5. Sep'ara te washbasin; • 6. Contain drinking ,f6untatn;;~ • 7... Have pai,ti ti6nsOr liari:~ra,i·ls

• iocated, !!ext< to toilet,.:fixtu·r,e

to provi'de sUPP"!:'t;
• 8. Pi::o'vid'e, 'easy" un·o.1fstructed

• visual ,observaf:icon;

• 9. 'Padding; on' Hoar;

",X
:~-

'--.

"';'X_
c,;.L -'-'

'X
X
~X-,

.•' D. 'Shower.!del'ousingroom.

X

• E. Secure vault or, storage,s'pa'ce ~fcir
•• inmate valuables,.

it.
-',--i -,- , - ' -

• F. Telephone available 'for 'inmate

• use pec Penal Code ,Section ,8S 1.5.

X

_________________.__________ -.-o:-----------------------------..;~:;...~~-.:_.-~.~-.-----_:_-o:...

••••••••IIII'

'--:._-~""!":__---_----.....;--------,

••••••.••.•••••,,'

G. Safety Cell ,

.1; Ccn tain 4.8 sq. ft •.wi thone

'floor,dimensicn being at' teas t

6 ft; ceiling height af8, it ..

or more_; !

X,

2. B~ limi.ted. to no .more ,than one

pe.rson;

"';X_

3; 'Contai.n a flushing ,rit\g toIle,t"

,controls locat'ed outside.o'f

cell;

x

4. ,iadd,ed floor ,. door, and, .wa,115;.

X

5. Equi'pped with a var-ia1l1e:

intens i.ty, 's,ecu;JtY' "light,

inace:ess'i15le to, occtipanf,;
6. Provl'de :verl:ical ji:ew 'panel nO,t
• more than 4 in. wide n'or. less than 2'4 in. 10(lg ,I.n or .adj acent
• to door; • 7. ProvIde a. fcod pa,~s wHj1
• lockable shutter lic lIl,ore tj1a"
.•' 4. in. high, and l:oes'ted at' least 30 in,. above the flcor. -------------------------- -'----- .... .... -------~--;...--:..;-....;~:-;::..-:----~;;.,.--- ----.:""-'-....;-~
• llT5 -l;IYING AREAS
• --- ---------------------------------,,-..;.--....;- .... .... --------------------------~----:..-;...~;.. ~~~ ....
•it ,Single Occupancy cens
1. Maximum' ·capaci'ty' of' ,one' p'er;;cn'; .
• 2". G-~:m~a~~; -:a: rnin-imum, iof' 60· sq.;' ·ft.
• of floo,,'area in the; 1 t~ci'li­ ties and7Q, ~q. {t. i.n 'Type II
• and Type III f'acilities';1
• 3.·Hav~ a minimumceiHn,g height
• of 8 ft.;
• 4. Toilet, washba'sin, and
• drinking fountain;
• 5'. Contain a bunk,desk" and seat.

X

X

,x

....... .... --,..;. ....~~-------",..;

........ -~---------'-.

Yes 'No NIA,

REMARKS

- - ....-;...-~ .... .....,......;:,;..---:-;...-;.

'All general population cells

!Ire ·tr'i'p·lebunked.

X .--
X

_L
X

-'-

• ·B. 'Multiple Occ"pancy Cens

• 1. Contain 35 sq.f't ,per person;

X

• 2:. Belinii ted to rio lIlote t,h!'n '8

• persons,; • 3. No. smaller. than 100: sq•. it.;

4. A m,inimum ceiling, height, of 8fl:,;

• ..~r Water' ,c1csetseparate from

• w~shbasi!1 and dri.nking fountain;

X

• (i~ Sufficient bunks'to acc.o!lllUcclate
• each occupan't;
• 7.. Provide storage ,s'pace for .each

--: X

• qcc\.fpant;,f 5 personal items.

.X

•••••., -':-"-.---------.:..----------- .... ----------------:--:~:-~~--:-~.--;...-~---------------------------:------,-,:---~~-~.....-:"-

• • • •

:. _ __ __ :":'~1'1"'-:';_'=-_':-.-:~v~'.-I'~-~-""~-~--~--:---~'::~:'~-~--:":'-L~-_'_-_~':-.-.--_-'-,--~-~',-_-,'--~'-_','--_~2~'~-i"~'_'~-"~'~-~-,'N-'~-~-,---,'-_-~-_-,----,---.-:~:--_,~.~.2-:-,---~-_,----~,--~'~---,~-,--'_~~~, :~,~:'::::

. ' C. Multiple Occupancy Rooms

' '

..

1. Limited to ,housing persons 'in

•

Type IUand IV. facHities and

.,"

,wo'rkers, in Type land ,H;

x

2. Contain 5,0 sq. ft,; 'of 'f,loor

•

ar,ea, per p'enion and aiiniaium 8

..

it. ceilinglleights,;

..

}. Be l-imfted ,to ,n,o more tIlan 16'

-p.~.rs9n:.s:;·

x,

• 4. Acce,ss, to to'il,ets ,separate f.r.om

washbasins ( ratio 1 ,,8) ,and

• 'drinking fountains;,

x'

• s. Provide storage space for 'each

• _x_ occupant's personal items'.

•• D. Dayrooms

1. 35' sq. ft. of ,f,loor ,ar,ea :per

• person',;

x

• 2.''- Contain' tables and seating to

• 'accomodatethe "umbe,roJ

• occupants served;

• 3. Access to toilet~, ~ashti*sins'

and drinking fountains;

x

• P,ovide to all ,persons in', Type

• II and IE facilit{"s(cel,<clud'ittg

• special use ceIl'land 't:o,

• worker,S in Type ,I' facH'it'i:es.,

'--

•II - - --. E. ~l)o~,e,r.s' are avaibibl:e· on a ratio of

1: 16,.

x

••. - - F,.ldgnting, is sufficient to per,1llit easy reading,; night light'Lng" l,s'
• sufficient t(J alloW' :g,oodsupervision'. x

•• G. Beds/bunks 30 in. ,wide and 76 in. long'.

•• 'R., Aconifortable living environment: is

• main,tained through- all ,~dequate: heat-

• ing and 'coolin'g sys tern.

X

... _. -~--

-'. -.,

- -- . - ' "

,,~-:::--. - , - . ' ,"~ -

,

~

• -----------------------.~--~-----.-,,~---~-~~.,-,-~""!.":"~-~---~~----.~-----------------------------------------.

: 1121 - SUPPORT F.UNCTIONS

No N/A

RENARKS

~-":';--~-~.-----------""-----------------------------------------------------------------....;--.::--:,;,-""'":,;~-~,-~~,~--:-.;..~
E~er,cJ:,s~ Area (Type t I & III),
• At l'eas,t oil.e' exe'rcise' area not ".
• 1e ss !than '90.0 sq.f t:.

•• n B. hog ram Space (Type & Ill)

Sufficient area an,d, furnishings,

• t'omeet the, ne,eds ,of the

'

• fac'1lity,O s" p'r'ograms.

••••••••• ... ---------------------------":'---------~-:-

.... .

,,- t · , "_ ~ ~". _ •.. _

-.. _"

_.

_. _

, ,_

,

-~---- ----:----:-,-~---:----~.,-----~--.-,-------;"'----:----------------

·:"::~c;L=_~~~r~~~~:~~:~~~:--~~~~.::.""~--~'"---~;~~-.:~~--~:~-""___""'.~~:---.,,,------------------ ·

. " . . . . .. -~';;..,---;";"';'-':"--~-;-":~;';';"'.----------"';'------,-'.-~.:-~,,,,:,,,;"--:-.-~~.. ;":--~-' .-:--~-:-,----,-~--~~-""-

.....

:--:--~~--~'-•.':-----,-~:--,~.~-' " ",

....

.:...----------~'~--"~.:.--;,;-

•

"C,Dining FaciHties.

"",

In 'daYfOom.

,

1. 15 sq. ft" per. person being :fed; X

,"

,

.'

2'. Toilets/washbasins 'or" showers

- - -- --

.'

not in" same room cor :not in view,

•

of persons dining"

X

•• -.-, Visiting and Attorney; Interviews

• 1. ·,S'ufficien t visiting :area;'

x

2.Pr()vide ·for at torneyco"fiden-

• tial consultation ,ar!~a:;

.•' 3.,.C'onCact visits wheriev,er' possi·ble,

for minImum secui'ity' prisoners,.

x

•.' E. Safe ty, E;qufpment Sto.rage

Adequat" space is pr6vli4ed for

• of storage equipment such .as'.

• fire extinguishers, SCBA,

• emerg~_ncy li!gtits, etc.

X

•• E.• JanItor, :Closet

LO,c'ated in: secu ri ty ,a"eas,

• :lockable, containing a mop sink

• 'and, 'storage ~pace.

X

•Ii G. Storage 'Rooms

• SuffiCient space to accommQdate-

• inmate property, bed<lin{,and,

supplies. '

x

•• Audio,o,r Vi_deo Mo"ito_ring ?yst.e!ll'
.•, 1. Audio monitoring system~cap,jbie of .alerting staff: in: a central
• cont-f,ol;
• 2. ViAeo moni.tor:ing it} corr,tdors, main en trlesand/or ~:{~it.$ i ,an'~.
• program o_r activity ar:e"as.
•• - - Fi.re Detection andA:larm Sys'tem
• Automatl,c" fir"e alarm system.
• cap1l.bieof alertingstaf"f In a central ,control point.,

x.

x· - - ."

_.

-

•• J. Emergency Power
• Available to provide' 'minimal • l'ightinir, maintain communica-
t"fons .and a1arm sy~tems ..

•• K. P,rO"idesspace for"
• 10 Bar.ber'/beautysh'op
• 2. Can'teen:
·.•••••••• -------------------------------------------------------"---..;-~--------------'------~--------------

e• lING '-'" · BOC Code: 0705
•• • County: Fresno Date: 12/09/91

'. AREA SPACE EVALUATIOn

01/16/92 12.49.45
Page l'

F,ac'i-ilty: Fresno Cciu'ntyMain J,ail
Total Board ,Rated Capacity: 424

••• ,lD No. /
• .Location
•••• Booking

Cell' Type

EACH CELL Board
Applic. No. No. Rated Total Stds. Cells Beds Cap. BRC

-------E A 'C H C E L L--------Dimensions---

L

Il H T U W F S

Note: Three bondsman interview ['OOIDS and one attorney interv:1e,;¥ rooUl availaole.

••• Male

Detol(

1980

6 ( 24) 11.9 10.0 10.0 1

1

• ,Prebookillg Holding

19,80

• Note,.:

• 16' bench.

1,0 ( 10) 12.5 7. 9 10:",,01

1 1

•• Holding 1980

1

11 ( !Cl) 12.5 9.3 10.01

1 1

Note:

•• 18' bench.

• Holding 1980

1

11 ( 11) 12.5 9.0,10.0 1

1

• Note:

• IS' bench.

•• Vestibules

1980

4

• Safety

1980

3

•• Transport Holding 1980

'2

• Note:

• 17' bench.

1 ( 3)
11 ( 22)

4.3: 5.0 10.0 8.,2' 9.5 10.0 1 11.,5 9.9 10.0 1

1 1

• P,red ress Holding 1980

1

• Note:
• 5' bench.

• "Dressin

1980

1

3 ( 3)

9.8 8.5 10.0 1

!l.S 14.3 10.0' 1

1 1 11 1

•••• T=Toilets
• U=Ur·inals
• W=Wash Sag ins • F=F~unt3ins
S=S~1m-lerS
•• U' "Total BRC" appears in ( ,), it is not:' part of the facility's rated capacity.
•••••••••• + ind.icates that capacity inc~udes pror~ted airspace from adjacent areas.

•..•.•;'

"
BOC: Code: 0705: Countji: Fresno. " D'ate:' 12/09/,91

• 01/16/9.2 12.'49.45 Page 2 Faci'iity.: F.resno County Main Jail
Tota:(Board 'Ra t~dC):j~acity: 424

••ft'

ID·:Noo/ 1.ocation

..' --------

Cell Ty:pe

EAcH CELL 'Board
Appnc. ,No._ N.o. Ra.tedto~al Stds. Cells Beds; Cap. BRC

-------E A 'c ~
--D'tmensions~--

C E LL-------

L

H TU W F S

,.,Female

••••••••••

Detox'

1980

Detox:

1980

PtebocikingHolding 1980 Note: 10' bench.

Safety Vestibules

1989
1980

1 1 1
1 2

4 ( ")
6 ( 6) 6

10.5 8.6. 10 •.0 1
10.9 n.s, 10.0 1 lO.? t1.T 10.0 '1

1 1
1 1 1 1

1 ( 1)

6.5 ~O .3 10.0 .1
4.) 5.0 10. a

i. , D r e s s i n

1

10,.5 7.5, 10.0

1

••••••••••it•

P,re· Release·

Note: 4 'bench.
. Holding . 1986 Note: 14·'benC:h.
Holding 1980 Note': 5' bench •.

2 1

:•••• llr.essou.tM

1980

Note:

10' .bench.,

-------~-~-------------

L

9 (18)

.8'..9 12. S. 1'0.0 1

1 1

3 ( 3)

:9'.6 8.1 10';0 1

1 1

26.2 6;8; 10.0

T=Toilets

U=U'rinals

• W,,;Wash Basins

• i

F=Fountains

S';SjlOwers

•" i f '''T.o,ta1 BRt" appe.ars in ( ), it is not part' ;of the facilit':,/"s ,rated'. capacitY.

•• + indicates, that capacity includes, prorated ,ai.;"space fr()m' adj"acent areas •
.•••••'

••••••eet•i•t--

·'BOC .Code: 0705 c'ountyf Fresno ,Date:' 12/09/91

• lINGfAREA SBACE ,EVALUAtION

01/16/92 ~2.49.45 Page]

Fadli ty: Fre.sno..C,ililri t)l' Main Jail

TotiilBo'afd Rated'.CapacHy:424

10 -No. /
.-L-6-c-a-·t-i-o-n

C--e-l-l --T-y-p-e

EACH CELL "Board
Appli,c .No,' No. tRat:ed 1o~a\
-S-t-d-s-,-- .Cei:ls Beds -Cal" BRC

------E ~ 'C H C E L L~------
'..,-'!limens i'911S-:-.-

L

10; .H T. U.W F s

.••••••••eee

DressollC F

1980 Note: 8 "bench,

,Lineup

Holding' 1980 Note: 18' »ench.

MedIcal

Holding 1I0.te:

1980

1

13.5 6.8 ro.O

1

12 ( 12) ,21.2 8.0 10,.0 1

1 1

, 6 ( 6) '1·2.6 8.9 10.0 1

1 1

e Male
•••••••••ee••e Female

ni·' bench,
,·Infirmary 1~80 rnfir!"ary t980 Infirmary 1980 ,Infirma'ry 19.80 Infirma'r:y '):980 Infirmary· .1980 Infirmary 1'980 Infirmary 1980
Infirmary 1980
Infirmary .1980
Infirmary 1980

••: . ___,.___,~~~_~",.c;~________

1- 4 4 i( . 4') 22 ..-3, 17.8 10.0 1

1, I

I 4

4) 1 ( 1).
4 "(

9.5 22.3'
{2. :3._ 17·5

.1. 0.0 - "~' - -1.0.0

1 1

1. 4 4 ( 4)- 22.3 18.il -10,0 1

1 4 4 ( 4) 22,3 16.8 10.0 1

L 1 1 ( 1) 22.3 10.0 10.0 1
1 4. 4 ( 4) '22.3: n .8 10.0 1

3' 1 1 .( 2)

12.'2 12.5 10 • 0 1

1 1 1 1 ,I 1
1 1 1
r 11
11 1
11 1
1 1 1
i 11

1 1 1 ( ,1)
i A 4 ( 4)
1 1 1 ( 1)

22.2 13.3 10.0 1 22,.2 i7.6 10.0 1 22•• 2 10,.2 1'0,0 1

1 1 1, 1 1 1 1 1 1

'T,=ToHets U=Urinals
• W:=Wash Basins
• F:=Fountains ••. I f "Total SRC" appears in ( .). it is not. part of the. 'fadHty"s rated cap.acity.•
·••••.•• '+ ind,fqtes that capacity inchIdeB pror,ated aIrspace ,from- adjacent ·areas.

.•
.!•',."
••••••••••••••••••••••

BOC Code: 0705
.County: Fresno ,Dat~: 12/09/91

01! 16/~2 12 •.,49.45 Page 4
:Facfility.: ·Fresno County Hain· Jail TO):.l1l Board :Rate<!Capacity: 424

lD :No.1 ·Location
--..----- -- ---

EACH CELL

'Board

Applie. No, ~o. Rated Total

S tels.

,-;"';,-- Cells ''Beds Cap.

. .

'

-~---,---:~

~---~-;...

BRC

--'-----E A CH C' E L L-------
--Dimensions---

L

W H T, U W F S'

.. ,

,.-;'-0.;"'-- ... ,--,

',-- ..

Inti rm~,ry 1980

1

4( 4~ . 22'02 17.6 1,0. a 'l

1 1 1

3d' Floor

General Populafi6n Single

t980

96 ,3' 1 96,

6.• 5 'l7 ;:3 10,0 1

1 1

Ad'Seg.

Day.room 19'80

6

2

Note:

All,general .. popiilatiifndayro'omsareapproximately 1558 S'<juare feet.

Single

198.0.

ro 1 1 10.

10.,1 .8.0 10,0 1

1 1

j)ay.room 1980

1

Note:

All.admiriistrativE' segregation da.y.rooDls.'are approximately 36'S 'square f~et.

4,tl1 FJoor
"• .Gene'ral PopUlation Single
•• Dayroom
•• Ad, Seg'.
• Dayroom •• 5th. Floor ••• General.

19.80 1980 1980 1980

9.6 3 1 9,6 6 10 1 1 (0

6;.5 tT.3 'to. 0, 1
10.1 8.0, .16.0 1

1 1 2
1 1
r

.••••••',"

.....:..,;.~--..;.--~:..----:-:-~--------~,~

1'=1'0{1ets
U=Uririals
W=Wash Basins F.=F<Sl.i"ntains S=Showers

••., If ;'T.6ta1 SRC" appears in ( ), it is"rlOt par.tof! .the h"Jli:ty's rat.ed capadty.

,•••• ,. indl:cates ·th,H capacity lnc:ludes .prora:t'edai'tsp'ace froin 'adjacent area's.
••Ii

•,~ ./" ".

•

BOC Code: 0705

eC;ounty:' Fresno

• • LlYING..AREA SPACE ·EVALUATION

01/ 16/9~ 1'2.119.45 Page 5.

Facility:: Fresn.oC6unty .Uaiti Jail

•••••.••••••,•

Oat:e: 12/09/91
TO No, / .' Location Cell Type
.Population Single Oayroom
Ad Seg. Single. Oayroom

ToiiLl 'Board Rated Capacity: 421,

EACH§ELt
B.oard Appl1c.No, No. Rated Total Stds. Cell's ,Beds: Cap. ,BRC

1980

96 3, 1 96

'--.~~---E A C' H 'c':E L L--",----
'~~b'~mep.s_i,o:l1~~.;.:..·

L

w,

H T ,U: W F' S

1

1 r

198,0

1980

10

1

1

10

1,0 •.1 8.0 10,0,1

1 1

1980

1

,.•••.••

6th Floor
General PopulaJiotl S'itlgle
Oayroolli' Ad Seg. Single

1980 1980 19.80

96

96

6
10 1 1 to

10.• 1 8 .• 0 10.0 1

1 1 2
1 .1

•••..•••...••••:

1980

1

.. -----------------------
••'•.*

T=Toilets U=Urinals W=Was-h Basins F=Fountains S=Showers

.a.+ • ~:f "Tot'alBRC" appears in ( ),' i'e 'is' 'not par.t,Qf the facility',s ratedcapa'eity; In'd'icates' that capacity includes 'prorated 'agrspace f,-om adj'acenC areas.
•••••.•

'.- '.-',

.•.'....,

- - ,'....._.,.,

._.J'";•

• - •• -

.

....~-

-.

. ~ -

..-

. .-

. "

PH:OTOGRAPHS·
"
• 0

- ", _ ... . .,- . - - . --."",.,~.,,. ._. - ...... - .. • _- ""'" --"'~'. . ' .• "" .--!'-'''''W~'

;.'---;-~~:.J, ~.~ ;~

I.•.••• --',", _'L-

'- -
: ~ ". < ,'F .

MAnt JAIL
DOUBLE CELL

MAIII JAIL D~rROOM
TABLESUDSIlOdBS

 
 Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 1 of 15
PRISONER_CIVIL_RIGHTS, CLOSED
U.S. District Court Eastern District of California − Live System (Fresno) CIVIL DOCKET FOR CASE #: 1:93−cv−05070−MCE

(PC) Cruz, et al v. Fresno, et al Assigned to: Judge Morrison C. England, Jr Demand: $0 Cause: 42:1983 Prisoner Civil Rights Plaintiff John B Cruz
Plaintiff Joseph Q Krukowski

Date Filed: 02/05/1993 Date Terminated: 02/25/1994 Jury Demand: None Nature of Suit: 550 Prisoner: Civil Rights Jurisdiction: Federal Question
represented by Catherine Campbell Law Office of Catherine Campbell PO Box 4470 Fresno, CA 93728 559−498−8140 Email: cathsoup@comcast.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul Wayne Comiskey Prisoner Rights Union 900 G Street Suite 302 Sacramento, CA 95814−1019 916−442−6868 Email: paulcomiskey@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Donald Long Law Office Of Michael D. Long 901 H Street Suite 301 Sacramento, CA 95814 (916) 447−1920 Fax: (916) 442−8299 Email: mike.long.law@msn.com TERMINATED: 08/12/2011
Richard P Herman Prisoner Rights Union PO Box 4108 Laguna Beach, CA 92652 949−494−9411 TERMINATED: 08/12/2011
represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED
Michael Donald Long (See above for address) TERMINATED: 08/12/2011
Richard P Herman

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 2 of 15

(See above for address) TERMINATED: 08/12/2011

Plaintiff Ruben D Cruz

represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Doug Murphy

represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff John − Cole

represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Tim Pendergas

represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 3 of 15

ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Manuel Bertao

represented by Catherine Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Roger D Hausman

represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Charles Wilcox

represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address)

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 4 of 15

TERMINATED: 08/12/2011

Plaintiff Rebecca Montero−Salcedo

represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Anthony Sherwood

represented by Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Michael Donald Long (See above for address) TERMINATED: 08/12/2011

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Richard Ruiz

represented by Michael Donald Long (See above for address) TERMINATED: 08/12/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Catherine Campbell (See above for address) ATTORNEY TO BE NOTICED

Richard P Herman (See above for address) TERMINATED: 08/12/2011

Plaintiff Edward Contreras

represented by Catherine Campbell (See above for address) LEAD ATTORNEY

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 5 of 15
ATTORNEY TO BE NOTICED
Paul Wayne Comiskey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael Donald Long (See above for address) TERMINATED: 08/12/2011
Richard P Herman (See above for address) TERMINATED: 08/12/2011

V. Defendant Fresno County
Defendant Steve Magarian Sheriff

represented by Michael Robert Linden Fresno County Counsel's Office 2220 Tulare Street Suite 500 Fresno, CA 93704 559−600−3479 Fax: 559−600−3480 Email: mlinden@co.fresno.ca.us LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Henry Hagar Law Office of John Hagar PMB 314 1809 "S" Street Sacramento, CA 95811 (415) 215−2400 Fax: (415) 552−4067 Email: hagarlaw09@gmail.com ATTORNEY TO BE NOTICED
John Wesley Merritt Fresno County Counsel 2220 Tulare Street Suite 500 Fresno, CA 93721 559−488−3479 Email: JMerritt@co.fresno.ca.us TERMINATED: 08/04/2011
Kevin Burke Briggs Fresno County Counsel 2220 Tulare Street Suite 500 Fresno, CA 93721 559−488−3479 Email: kbriggs@co.fresno.ca.us ATTORNEY TO BE NOTICED
represented by John Wesley Merritt (See above for address) TERMINATED: 08/04/2011
Michael Robert Linden

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 6 of 15

Fresno County Counsel's Office 2220 Tulare Street Suite 500 Fresno, CA 93704 559−488−3479 Email: mlinden@co.fresno.ca.us TERMINATED: 08/12/2011

Intervenor Fresno County Superior Court

represented by Donald Richard Fischbach Dowling Aaron Incorporated 8080 N. Palm Avenue, Third Floor P. O. Box 28902 Fresno, CA 93711 559−432−4500 Fax: 559−432−4590 Email: dfischbach@dowlingaaron.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephanie Hamilton Borchers Dowling Aaron Incorporated 8080 N. Palm Avenue, Third Floor P.O. Box 28902 Fresno, CA 93729 559−432−4500−240 Fax: 559−432−4590 Email: sborchers@dowlingaaron.com ATTORNEY TO BE NOTICED

Date Filed 02/05/1993
02/09/1993 02/18/1993
02/18/1993 02/18/1993
02/24/1993 02/24/1993 02/25/1993
03/08/1993 03/08/1993

# Docket Text
1 COMPLAINT before Chief Judge Robert E Coyle; referred to Magistrate John F Moulds; Summons issued; fee status paid; Receipt # 143018; Notice re: Consent forms (old) (Entered: 02/09/1993)
2 NOTICE by court that this action has been referred to Magistrate John F Moulds for all pretrial matters ( cc: all counsel) (old) (Entered: 02/09/1993)
3 AMENDED COMPLAINT [1−1] by plaintiffs; parties Roger D Hausman, Charles Wilcox, Rebecca Montero−Salcedo, Anthony Sherwood and Richard Ruiz ADDED (old) (Entered: 02/19/1993)
4 ACCEPTANCE/ACKNOWLEDGEMENT OF SERVICE by defendants County of Fresno and Steve Magarian on 2/9/93 (old) (Entered: 02/19/1993)
5 MOTION by plaintiffs for temporary restraining order ; MEMORANDUM of points and authorities in support; hearing SET 2/25/93 9:00 Ctrm 8 JFM (old) (Entered: 02/19/1993)
7 ANSWER by defendants County of Fresno and Steve Magarian to AMENDED complaint (old) (Entered: 03/02/1993)
8 DECLARATION of Laurel Fryer−Smith with copy of stipulation to continue hearing on temporary restraining order to 3/18/93 (old) (Entered: 03/04/1993)
6 ORDER by Magistrate John F Moulds ORDERING: plaintiffs are GRANTED 15 days from the date of this order to file a complaint complies with requirement of FRCP; failure to file in accordance will result in DISMISSAL of this action (cc: all counsel) (old) (Entered: 02/25/1993)
LODGED STIPULATION AND ORDER for leave to file SECOND amended complaint (old) (Entered: 03/11/1993)
LODGED STIPULATION AND ORDER to certify the class (old) (Entered: 03/11/1993)

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 7 of 15

03/08/1993 03/15/1993 03/15/1993 03/15/1993 03/18/1993 03/18/1993 03/18/1993 03/18/1993
03/19/1993 03/23/1993
03/23/1993 03/23/1993 03/24/1993 03/26/1993 04/15/1993
05/19/1993 05/26/1993 05/27/1993 05/27/1993

9 NOTICE by plaintiffs of submission of SIGNED COPY of original complaint (old) (Entered: 03/11/1993)
10 ANSWER by County of Fresno and Steve Magarian to FIRST AMENDED complaint (old) (Entered: 03/15/1993)
11 MEMORANDUM OF POINTS AND AUTHORITIES by County of Fresno and Steve Magarian IN OPPOSITION to motion for temporary restraining order [5−1]; hearing SET 3/18/93 9:00 Ctrm 8 JFM (old) (Entered: 03/15/1993)
19 DECLARATION of Doug Papagni RE: Application for temporary restraining order (old) (Entered: 03/26/1993)
LODGED SECOND AMENDED COMPLAINT (old) (Entered: 03/19/1993)
LODGED PROPOSED TEMPORARY RESTRAINING ORDER (old) (Entered: 03/19/1993)
12 EXHIBITS in support of motion for TRO (old) (Entered: 03/19/1993)
14 MINUTES of 3/18/93 motion hearing before Magistrate John F Moulds: stipulation reached; defense counsel to prepare and submit by 3/25/93; hearing on motion for temporary restraining order/preliminary injunction [5−1] SET 9:00 5/28/93 Ctrm 8 JFM; C/R: CF (old) (Entered: 03/22/1993)
13 DECLARATION of Edward Contreras IN SUPPORT OF re motion for temporary restraining order [5−1]; hearing HELD 3/18/93 9:00 Ctrm 8 JFM (old) (Entered: 03/19/1993)
15 STIPULATION and ORDER by Magistrate John F Moulds ORDERING: this case is certified as a CLASS ACTION on behalf of all present and future prisoners in the North Annex, South Annex and Main Fresno County Jail (cc: all counsel) (old) (Entered: 03/23/1993)
16 STIPULATION and ORDER by Magistrate John F Moulds ORDERING: plaintiffs are GRANTED LEAVE to file a second amended complaint (cc: all counsel) (old) (Entered: 03/23/1993)
17 SECOND AMENDED COMPLAINT by plaintiff; party Edward Contreras added (old) (Entered: 03/23/1993)
18 CONSENT to Proceed before a Magistrate by defendants County of Fresno and Steve Magarian (old) (Entered: 03/24/1993)
LODGED STIPULATION AND ORDER re preliminary injunction (old) (Entered: 04/01/1993)
20 STIPULATION and ORDER APPROVED by Magistrate John F Moulds: parties STIPULATE to hearing on motion for temporary restraining order [5−1] SET 5/28/93 9:00 Ctrm 8 JFM; defendants shall add 144 beds and five c/o to North Annex Facility, insure that no inmate sleep on floor of South Annex Facility, provide one hour daily exercise for inmates of North Annex, and continue existing exercise schedule in Main Jail and South Annex as described in Declaration of Lt Doug Papgni [19−1] (cc: all counsel) (old) (Entered: 04/15/1993)
21 NOTICE by defendant County of Fresno and defendant Steve Magarian of association of attorney J Wesley Merritt (old) (Entered: 05/20/1993)
LODGED stipulation re preliminary and permanent injunction by defts (old) (Entered: 05/27/1993)
22 CONSENT to Proceed before a Magistrate by all plaintiffs (old) (Entered: 05/28/1993)
23 MINUTES before Magistrate John F Moulds re pltf's motion for preliminary injunction; stipulation and order to be filed; agreed to permanent injunction as to jail/preliminary injunction as to 2 jails; hearing on motion for temporary restraining order [5−1] set for 8/12/93 at 11:00 ctrm 8 JFM (old) (Entered: 05/28/1993)

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 8 of 15

06/04/1993 06/29/1993 07/01/1993 07/02/1993 07/06/1993 07/07/1993 07/14/1993 08/04/1993 08/09/1993 08/10/1993 08/12/1993
08/13/1993 08/16/1993
10/21/1993 11/02/1993 11/10/1993 11/18/1993
12/30/1993
01/26/1994

24 TRANSCRIPT of 5/27/93 (old) (Entered: 06/08/1993)
MAIL to Fresno Office consisting of transmittal letter, docket sheet, case file in 1 volume (docs 1−24) and Proposed order for Judge Coyle (old) (Entered: 06/29/1993)
MAIL from Sacramento Office recieved complete case file in 1 vol., documents 1−24, with proposed order for District Judge's signature, forwarded to REC. (lm) (Entered: 07/02/1993)
25 ORDER by Chief Judge Robert E. Coyle vacating 5 motion for temporary restraining order , Case reassigned to Judge John F. Moulds (cc: all counsel) (old) (Entered: 07/06/1993)
MAIL to Sacramento Office original case file in 1 volume for further preliminary considerations (old) (Entered: 07/06/1993)
MAIL from Fresno Office consisting of one volume (docs 1−25) for further consideration (old) (Entered: 07/07/1993)
26 STIPULATION and ORDER by Judge John F Moulds GRANTING the lodged stipulation re preliminary and permanent injunction re population level; see order for details (cc: all counsel) (old) (Entered: 07/14/1993)
27 STATUS Conference REPORT by defendant County of Fresno, defendant Steve Magarian (old) (Entered: 08/04/1993)
28 Amended STATUS Conference REPORT sans exhibits by defendant County of Fresno, defendant Steve Magarian (old) (Entered: 08/10/1993)
29 STATUS CONFERENCE REPORT by plaintiffs (old) (Entered: 08/12/1993)
30 MINUTES of FURTHER HEARING before Judge John F Moulds: In−court hearing SET for 11/18/93 at 11:00 for trial setting ; status report due 10/15/93; parties request settlement Judge to tour facility; C/R: ECRO (old) (Entered: 08/16/1993)
32 NOTICE by plaintiffs of Association of Counsel, associating attorney Paul T Persons (old) (Entered: 08/17/1993)
31 ORDER AFTER HEARING by Judge John F Moulds STATING that 7 days prior to the 11/18/93 status conference the parties shall file a joint statement or a statement agreed to by al parties setting forth all unresolved issued (cc: all counsel) (old) (Entered: 08/16/1993)
LODGED Stipulation re permanent Injunction; order (old) (Entered: 10/25/1993)
33 STIPULATION re Permanent Injunction and ORDER by Judge John F Moulds: GRANTING stipulation lodged 10/21/93 (cc: all counsel) (old) (Entered: 11/02/1993)
34 Joint STATUS REPORT by plaintiffs and defendants (old) (Entered: 11/16/1993)
35 MINUTES of trial setting before Judge John F Moulds: In−court hearing HELD 11/18/93 ; trial estimate 4−5 days; trial SET 4/25/94 at 9:00; pre trial conf SET for 3/24/94 at 1:30; discovery cut−off 3/24/94; settlement conf judge will be designated; C/R: ECRO (old) (Entered: 11/19/1993)
36 SCHEDULING ORDER by Judge John F Moulds ORDERING that all pretrial motions,except motions to compel discovery, shall be filed and brief pursuant to LR 230 by 3/24/94; discovery shall be completed by 3/24/94; pretrial conf SET for 3/24/94 at 1:30; 14 days prior plaintiff shall file a statement required by LR 281; 7 days prior to conf, defts shall do the same; a settlement conf judge will be designated by separate order; trial SET for 4/25/94 at 9:00 (cc: all counsel) (old) (Entered: 12/30/1993)
37 ORDER by Judge John F Moulds ORDERING that this Case reassigned to Judge Gregory G Hollows (cc: all counsel) (old) (Entered: 01/26/1994)

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 9 of 15

02/10/1994 02/25/1994
03/08/1994
04/04/1994 04/04/1994 04/08/1994 04/19/1994 04/26/1994 04/26/1994 05/06/1994
07/06/1994 07/07/1994 07/14/2011
07/28/2011
07/28/2011 08/01/2011

LODGED stipulation re permanent injunction; order (old) (Entered: 02/11/1994)
38 STIPULATION re PERMANENT INJUNCTIN and ORDER by Judge Gregory G Hollows: this litigation is a class action; defts shall limit and control the population level within Fresno County Jails as listed; defts shall pay to plaintiff's counsel Paul Comiskey attorneys fees in the amount of $33,000 a the time of the filing of the final judgment (cc: all counsel) (old) (Entered: 02/25/1994)
39 ORDER by Judge Gregory G Hollows: within 5 days defts shall post copies of this order with attached settlement notice and stipulated settlement order [38−1] on every level of the Fresno County Jail; within 5 days counsel for plaintiffs shall serve all named plaintiffs with a copy of this order and all attachments by mail at the last address of record for each named plaintiff; hearing SET for 4/7/94 at 9:00 re settlement (cc: all counsel) (old) (Entered: 03/08/1994)
40 ORDER by Magistrate John F Moulds Case assigned to Judge Dennis L Beck (cc: all counsel) (kb) (Entered: 04/08/1994)
MAIL to Fresno Office (kb) (Entered: 04/08/1994)
41 MINUTE ORDER: VACATING Order reassigning Magistrate Judge [40−1] [40−2] all counsel) (old) (Entered: 04/08/1994)
MAIL from Sacramento Office − original file one volume all documents included (old) (Entered: 04/19/1994)
MAIL to Sacramento Office ATTN: Donna of Magistrate Hollows Chambers re original case file in 1 volume + 1 expando file mailed by UPS (old) Modified on 04/26/1994 (Entered: 04/26/1994)
42 MINUTES of Settlement Conference before Judge Gregory G Hollows: Case has settled; Court to issue final order (old) (Entered: 04/29/1994)
43 JUDGMENT by Judge Gregory G Hollows ORDERING that the settlement agreement reached by the parties is approved and found to be fair adequate and reasonable; that the clerk is ordered to enter final judgement in favor of pltf in conformance with stipulation re Permanent Injunction of 2/25/94; that the judgment applies to the following class: all present and future prisoners in the following Fresno County Jails: North Annex South Annex and Mail Jail; that the defendants shall pay attorney's fees expeditiously pursuant to the terms of the stipulation re Permanent Injunction of 2/25/94 (cc: all counsel) (old) (Entered: 05/06/1994)
MAIL to Fresno Office consisting of 1 vol Clerk's record, Docs 1 through 43 (old) (Entered: 07/08/1994)
MAIL from Sacramento Office Original file one volume all documents included (old) (Entered: 07/12/1994)
44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 by Fresno County Superior Court. Attorney Fischbach, Donald Richard added. Motion Hearing set for 9/8/2011 at 10:00 AM in Courtroom 9 (GGH) before Magistrate Judge Gregory G. Hollows. (Attachments: # 1 Memorandum in support of motion to intervene)(Fischbach, Donald) (Entered: 07/14/2011)
45 ORDER signed by Magistrate Judge Gregory G. Hollows on 7/28/2011 ORDERING that on the undersigned's own motion, and pursuant to LR 120(d),(f), and for good cause shown, this case is REASSIGNED to District Judge Lawrence J. O' and Neill for all further proceedings. Magistrate Judge Gregory G. Hollows no longer assigned to case. All future pleadings shall bear the case number 1:93−cv−5070 LJO (PC). (Waggoner, D) (Entered: 07/28/2011)
SERVICE BY MAIL: 45 Order served on Richard P Herman. (Waggoner, D) (Entered: 07/28/2011)
46 ORDER re 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 filed by Fresno County Superior Court, signed by District Judge Lawrence J. O'Neill on 8/1/2011.(Objection Deadline: 8/15/2011) (Martin−Gill, S) (Entered: 08/01/2011)

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 10 of 15

08/01/2011 08/04/2011 08/04/2011 08/04/2011 08/04/2011 08/05/2011
08/08/2011 08/08/2011 08/08/2011 08/08/2011 08/08/2011
08/08/2011 08/10/2011
08/10/2011 08/12/2011

SERVICE BY MAIL: 46 Order, served on Richard P Herman. (Martin−Gill, S) (Entered: 08/01/2011)
47 STIPULATION and PROPOSED ORDER for Extend Time to Object to Intervention by the Fresno County Superior Court by Fresno County. Attorney Linden, Michael Robert added. (Linden, Michael) (Entered: 08/04/2011)
48 PROPOSED ORDER re Extend Time to Object to Intervention by the Fresno County Superior Court re 47 Stipulation and Proposed Order by Fresno County. (Linden, Michael) (Entered: 08/04/2011)
49 DESIGNATION of COUNSEL FOR SERVICE., attorney John Wesley Merritt terminated (Linden, Michael) (Entered: 08/04/2011)
50 DESIGNATION of COUNSEL FOR SERVICE. Added attorney John Henry Hagar,Kevin Burke Briggs for Fresno County (Linden, Michael) (Entered: 08/04/2011)
51 CLERK'S NOTICE to Attorney Michael Linden re 47 Stipulation and Proposed Order: When filing a Stipulation to Extend Time, you must use the event Extension of Time found in the Motions category. Please re−file your Motion for Extension of Time using the correct Motion event. If you need assistance, please contact the CM/ECF help desk at 866−884−5444, or refer to the CM/ECF User's Manual on the court's website. (Marrujo, C) (Entered: 08/05/2011)
52 MOTION for 2−DAY EXTENSION OF TIME to August 17, 2011 by John B Cruz. Attorney Linden, Michael Robert added. (Linden, Michael) (Entered: 08/08/2011)
53 MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by John B Cruz. (Linden, Michael) (Entered: 08/08/2011)
54 MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/08/2011)
55 MOTION for 2−DAY EXTENSION OF TIME to Object to Intervention by the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/08/2011)
56 MINUTE ORDER: (TEXT ENTRY ONLY) For good cause appearing, this Court GRANTS Fresno County's request to extend time to file a notice of intent to object to the Fresno County Superior Court's pending motion to intervene. All parties shall file a notice of intent to object to the motion, if any, no later than August 17, 2011 signed by District Judge Lawrence J. O'Neill on August 8, 2011. (Lira, I) (Entered: 08/08/2011)
SERVICE BY MAIL: 56 Minute Order served on Kevin Burke Briggs, Richard P Herman. (Lira, I) (Entered: 08/08/2011)
57 MINUTE ORDER: (TEXT ENTRY ONLY) The Court is in possession of the original file in this action. Any party wishing to make a copy of the court file in this action may do so; however, that party shall arrange to send a copying service to the court for the purpose of copying the record. Multiple parties may coordinate to share one copying service. To arrange a date and time to make a copy of the file, the parties are advised to contact chambers at 499−5990. For planning purposes, the Court advises the parties that the file is approximately the size of one ream of paper signed by District Judge Lawrence J. O'Neill on August 10, 2011. (Lira, I) (Entered: 08/10/2011)
SERVICE BY MAIL: 57 Minute Order served on Kevin Burke Briggs, Richard P Herman. (Lira, I) (Entered: 08/10/2011)
58 DESIGNATION of COUNSEL FOR SERVICE. Added attorney Catherine Campbell for Ruben D Cruz,Catherine Campbell for Roger D Hausman,Catherine Campbell for Joseph Q Krukowski,Catherine Campbell for Rebecca Montero−Salcedo,Catherine Campbell for Doug Murphy,Catherine Campbell for Tim Pendergas,Catherine Campbell for Richard Ruiz,Catherine Campbell for

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 11 of 15

08/12/2011
08/12/2011 08/17/2011 08/17/2011 08/17/2011 08/18/2011 08/18/2011 08/19/2011 08/19/2011 08/22/2011 09/16/2011
09/16/2011
09/16/2011 09/19/2011

Anthony Sherwood,Catherine Campbell for Charles Wilcox, attorney Michael Donald Long; Richard P Herman and Michael Robert Linden terminated (Campbell, Catherine) (Entered: 08/12/2011)
59 NOTICE of intent to oppose intervention by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox. Attorney Campbell, Catherine added. (Campbell, Catherine) (Entered: 08/12/2011)
60 NOTICE of errata by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox. (Campbell, Catherine) (Entered: 08/12/2011)
61 NOTICE of Intention to Object to Motion to Intervene of the Fresno County Superior Court by Fresno County. (Linden, Michael) (Entered: 08/17/2011)
62 ORDER re: Briefing Schedule (On Intervention Issue) re 44 , signed by District Judge Lawrence J. O'Neill on 8/17/11. Motion Hearing set for 9/1/2011 at 01:30 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Gonzalez, R) (Entered: 08/17/2011)
SERVICE BY MAIL: 62 Order Setting Hearing on Motion, served on Kevin Burke Briggs. (Gonzalez, R) (Entered: 08/17/2011)
63 EX PARTE APPLICATION by Fresno County for Modification of the Briefing Schedule for the Fresno County Superior Court's Motion to Intervene. (Attachments: # 1 Declaration, # 2 Declaration)(Linden, Michael) (Entered: 08/18/2011)
64 EXHIBIT A to Declaration of John Hagar by Fresno County re 63 Ex Parte Application. (Linden, Michael) (Entered: 08/18/2011)
65 ORDER TO RESET BRIEFING SCHEDULE (re 44 Motion to Intervene), Signed by District Judge Lawrence J. O'Neill on 8/19/2011. The hearing on the above motion is reset to 9/30/2011 at 1:30 PM in Courtroom 4 before District Judge Lawrence J. O'Neill. (Arellano, S.) (Entered: 08/19/2011)
SERVICE BY MAIL: 65 Order served on Kevin Burke Briggs. (Arellano, S.) (Entered: 08/19/2011)
MAIL RETURNED as Undeliverable, "NOT DELIVERABLE AS ADDRESSED − UNABLE TO FORWARD": 45 Order, 56 Minute Order, sent to Richard P. Herman, Prisoner Rights Union at PO Box 4108, Laguna Beach, CA 92652. (Hellings, J) (Entered: 08/24/2011)
66 OPPOSITION by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox to 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24. (Campbell, Catherine) (Entered: 09/16/2011)
67 AMENDED DOCUMENT by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox: Amended 66 Opposition to Motion,. (Campbell, Catherine) (Entered: 09/16/2011)
MAIL RETURNED as Undeliverable, "Wrong PO Box # − No Longer in This PO Box": 46 Order, 57 Minute Order, sent to Richard P. Herman at PO Box 4108, Laguna Beach, CA 92652. (Hellings, J) (Entered: 09/16/2011)
68 MINUTE ORDER: (TEXT ENTRY ONLY) Having read and reviewed the opposition to the pending motion to intervene, this Court finds that a reply would be helpful to resolution of this motion. Accordingly, this Court ORDERS the proposed intervenor, the Fresno Superior Court, to file reply papers no later September 26, 2011. The reply papers should focus on the issues related to

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 12 of 15

09/19/2011 09/19/2011 09/19/2011 09/20/2011
09/20/2011 09/26/2011 09/26/2011 09/26/2011 09/26/2011
09/26/2011
09/28/2011
09/28/2011 09/30/2011
09/30/2011 10/12/2011

standing and jurisdiction. All other arguments raised in the opposition relate to the motion for clarification, not the motion to intervene. Once the Court has read and reviewed the reply papers, the Court will issue a further order on whether the September 30, 2011 hearing on this motion shall stay on calendar or whether this motion shall be submitted on the papers signed by District Judge Lawrence J. O'Neill on September 19, 2011. (Munoz, I) (Entered: 09/19/2011)
SERVICE BY MAIL: 68 Minute Order Served on Kevin Burke Briggs. (Munoz, I) (Entered: 09/19/2011)
69 OPPOSITION by Fresno County to 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24. (Linden, Michael) (Entered: 09/19/2011)
70 DECLARATION of John Hagar in OPPOSITION TO 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24. (Linden, Michael) (Entered: 09/19/2011)
71 ORDER RE: FURTHER BRIEFING signed by District Judge Lawrence J. O'Neill on September 20, 2011. Hearing set for 9/30/2011 at 01:00 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. NOTE: NEW TIME 1:00PM. (Munoz, I) (Entered: 09/20/2011)
SERVICE BY MAIL: 71 Order served on Kevin Burke Briggs. (Munoz, I) (Entered: 09/20/2011)
72 MOTION to recuse District Court Judge by Fresno County. Motion Hearing set for 9/30/2011 at 01:00 PM in Courtroom 4 (LJO) before District Judge Lawrence J. O'Neill. (Linden, Michael) (Entered: 09/26/2011)
73 DECLARATION of John Hagar in SUPPORT OF 72 MOTION to recuse District Court Judge. (Linden, Michael) (Entered: 09/26/2011)
74 AFFIDAVIT re 72 MOTION to recuse District Court Judge Affidavit of Sheriff Margaret Mims by Fresno County. (Linden, Michael) (Entered: 09/26/2011)
75 REPLY by Fresno County Superior Court re 66 Opposition to Motion, 69 Opposition to Motion. Attorney Borchers, Stephanie Hamilton added. (Attachments: # 1 Declaration of Hon. M. Bruce Smith, # 2 Exhibit to Decl. of Hon. M. Bruce Smith, # 3 Declaration of Stephanie Hamilton Borchers, # 4 Exhibit to Decl. of Stephanie Hamilton Borchers)(Borchers, Stephanie) (Entered: 09/26/2011)
76 JOINDER by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox in. 93−05070 (Campbell, Catherine) (Entered: 09/26/2011)
77 ORDER to RECUSE, signed by District Judge Lawrence J. O'Neill on 9/27/11. Case reassigned to Chief Judge Anthony W. Ishii for all further proceedings; District Judge Lawrence J. O'Neill no longer assigned to case. The New Case Number is 1:93−cv−05070−AWI(PC). The September 30, 2011 hearing on the pending motion to intervene is VACATED. (Verduzco, M) (Entered: 09/28/2011)
SERVICE BY MAIL: 77 Order served on Kevin Burke Briggs. (Verduzco, M) (Entered: 09/28/2011)
78 ORDER Reassigning this Action to District Judge Morrison C. England, Jr. for all further proceedings, signed by Chief Judge Anthony W. Ishii on 9/29/11. District Judge Lawrence J. O'Neill no longer assigned to case. The New Case Number is 1:93−cv−05070−MCE (PC). (Verduzco, M) (Entered: 09/30/2011)
SERVICE BY MAIL: 78 Order, served on Kevin Burke Briggs. (Verduzco, M) (Entered: 09/30/2011)
79 NOTICE to RESCHEDULE HEARING on 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24 : Motion Hearing set for 11/17/2011 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Fischbach, Donald) (Entered: 10/12/2011)

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 13 of 15

10/18/2011 10/18/2011 11/14/2011 11/14/2011 11/15/2011 11/17/2011
11/17/2011 11/22/2011 11/23/2011 11/23/2011 11/29/2011 11/30/2011
11/30/2011 12/01/2011

80 MINUTE ORDER (Text Only) issued by CRD S. Deutsch for District Judge, Morrison C. England, Jr.: Pursuant to the Notice to Reschedule Hearing 79 , the Motion to Intervene 44 is set for hearing on 11/17/2011 at 2:00 p.m. in Courtroom 7. (Deutsch, S) (Entered: 10/18/2011)
SERVICE BY MAIL: 80 Minute Order served on Kevin Burke Briggs. (Deutsch, S) (Entered: 10/18/2011)
81 REQUEST to Make a Telephonic Appearance at Motion to Intervene by Fresno County. (Linden, Michael) Modified docket text on 11/15/2011 (Waggoner, D). (Entered: 11/14/2011)
82 PROPOSED ORDER re Order Granting Request to Make Telephonic Appearance at Motion to Intervene by Fresno County. (Linden, Michael) (Entered: 11/14/2011)
83 ORDER signed by Judge Morrison C. England, Jr on 11/15/2011 ORDERING 81 Request to appear telephonically at Motion to Intervene by Fresno County is GRANTED. Deputy County Counsel Michael R. Linden shall make a telephonic appearance at the hearing for the Motion to Intervene scheduled for 2:00 p.m. on 11/17/2011.(Waggoner, D) (Entered: 11/15/2011)
84 MINUTES (Text Only) for proceedings held before Judge Morrison C. England, Jr.: MOTION HEARING held on 11/17/2011.After hearing argument from counsel on the Motion to Intervene 44 , the Court set a further Status Conference for 12/1/2011 at 10:00 a.m. in Courtroom 7. Any proposed document(s) should be filed electroncially with this Court and submitted to counsel for the Superior Court, not later than the close of business on 11/22/2011. Response(s), if any, to the proposed document(s), shall be filed electronically with this Court and submitted to opposing counsel not later than the close of business on 11/29/2011. Plaintiffs' Counsel: Catherine Campbell and Paul Comiskey present. Defendants' Counsel: Michael Linden, John Hagar and Stephanie Borchers for Donald Fischbach present. Court Reporter/CD Number: Diane Shepard. Interpreter: None present. (Deutsch, S) (Entered: 11/17/2011)
SERVICE BY MAIL: 84 Motion Hearing Minutes served on Kevin Burke Briggs. (Deutsch, S) (Entered: 11/17/2011)
85 STIPULATION and PROPOSED ORDER for re Jail Capacity; Order by Fresno County. (Linden, Michael) (Entered: 11/22/2011)
86 STIPULATION and PROPOSED ORDER for Request to Make Telephonic Appearance by Fresno County. (Linden, Michael) (Entered: 11/23/2011)
87 STIPULATION and PROPOSED ORDER for Order Granting Request to Make Telephonic Appearance by Fresno County. (Linden, Michael) (Entered: 11/23/2011)
88 RESPONSE by Fresno County Superior Court to 85 Stipulation and Proposed Order, 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24. (Borchers, Stephanie) (Entered: 11/29/2011)
89 ORDER re 87 Stipulation and Proposed Order filed by Fresno County signed by Judge Morrison C. England, Jr on 11/30/11; The request of defendants COUNTY OF FRESNO and MARGARET MIMS,Fresno County Sheriff (hereinafter "Defendants"), for their co−counsel, Deputy CountyCounsel Michael R. Linden to make a telephonic appearance at the status conference for the motion to intervene of the Fresno County Superior Court, scheduled for 10:00 a.m. on Thursday, December 1, 2001 in Courtroom 7 of the above−captioned court, came before the court through an ex parte submission on November 23, 2011. After receiving and reviewing Defendants' request, the Court hereby orders that this request is GRANTED.(Matson, R) (Entered: 11/30/2011)
90 DECLARATION of The Honorable M. Bruce Smith re 88 Response, 44 MOTION to INTERVENE pursuant to Federal Rule of Civil Procedure 24. (Borchers, Stephanie) (Entered: 11/30/2011)
91 MINUTES (Text Only) for proceedings held before Judge Morrison C. England, Jr.: STATUS CONFERENCE held on 12/1/2011. The parties reported that they

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 14 of 15

12/05/2011 02/14/2012 02/16/2012 02/28/2012
03/08/2012 04/13/2012 04/19/2012 04/26/2012
04/27/2012 04/30/2012 04/30/2012 04/30/2012

were unable to reach an agreement regarding a stipulation as to the definition of the meaning of the word "capacity" as it is used in the 1994 consent decree. Defendants advised the Court that they would stipulate to a definition of the word "capacity" that defines capacity as actual staffed capacity, that this stipulation could be incorporated into the consent decree and would then have the full force and effect of a modification of the 1994 consent decree, and that this stipulation could be submitted to the Court by 12/5/11. The Court also advised Intervenor that its Motion to Intervene 44 would be denied in a written order to follow. The Court stated that Intervenor was not entitled to either intervention as of right or permissive intervention. Plaintiffs' Counsel Catherine Campbell and Paul Comiskey present. Defendants' Counsel Michael Linden, John Hagar present.Intervenor's Counsel Stephanie Borchers present. Court Reporter/CD Number: Diane Shepard. Interpreter None present. (Deutsch, S) (Entered: 12/01/2011)
92 STIPULATION and PROPOSED ORDER for modification re Jail Capacity by Fresno County. (Linden, Michael) Modified on 2/14/2012 (Marciel, M). (Entered: 12/05/2011)
93 STIPULATION and ORDER 92 for modification re jail capacity signed by Judge Morrison C. England, Jr. on 2/13/2012. The terms "capacity and capacities" as set forth in body of Order's text are defined as actual staffed employees. (Marciel, M) (Entered: 02/14/2012)
94 MEMORANDUM AND ORDER signed by Judge Morrison C. England, Jr on 2/16/12 ORDERING since the clarification sought by the Superior Court has already been provided, its Motion to Intervene 44 is hereby DENIED as moot. (Becknal, R) (Entered: 02/16/2012)
95 MOTION for ATTORNEY FEES for Plaintiffs' Counsel by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox. Motion Hearing set for 5/3/2012 at 02:00 PM in Courtroom 7 (MCE) before Judge Morrison C. England Jr.. (Attachments: # 1 Declaration Declaration of Counsel, # 2 Declaration Declaration of Counsel, # 3 Declaration Billing statement, # 4 Exhibit copy of subpoena)(Campbell, Catherine) (Entered: 02/28/2012)
96 NOTICE of Change of Firm Name by Fresno County Superior Court. (Borchers, Stephanie) (Entered: 03/08/2012)
97 OPPOSITION by Fresno County to 95 MOTION for ATTORNEY FEES for Plaintiffs' Counsel. (Linden, Michael) (Entered: 04/13/2012)
98 OPPOSITION by Fresno County Superior Court to 95 MOTION for ATTORNEY FEES for Plaintiffs' Counsel. (Attachments: # 1 Declaration of Stephanie H. Borchers)(Borchers, Stephanie) (Entered: 04/19/2012)
99 REPLY by Manuel Bertao, John − Cole, Edward Contreras, John B Cruz, Ruben D Cruz, Roger D Hausman, Joseph Q Krukowski, Rebecca Montero−Salcedo, Doug Murphy, Tim Pendergas, Richard Ruiz, Anthony Sherwood, Charles Wilcox to RESPONSE to 95 MOTION for ATTORNEY FEES for Plaintiffs' Counsel. (Attachments: # 1 Exhibit)(Campbell, Catherine) (Entered: 04/26/2012)
100 DECLARATION of Catherine Campbell in SUPPORT OF 95 MOTION for ATTORNEY FEES for Plaintiffs' Counsel. (Campbell, Catherine) (Entered: 04/27/2012)
101 REQUEST for To Make Telephonic Appearance at Hearing for Plaintiffs' motion for award of Attorney Fees by Fresno County. (Linden, Michael) (Entered: 04/30/2012)
102 PROPOSED ORDER re Granting Request to Make Telephonic Appearance at Hearing for Plaintiffs' Motion for award of Attorney Fees by Fresno County. (Linden, Michael) (Entered: 04/30/2012)
103 MINUTE ORDER (Text Only) issued by courtroom deputy for District Judge, Morrison C. England, Jr.: On the Court's own motion and pursuant to Local Rule

Case: 1:93-cv-5070 As of: 06/18/2012 07:00 AM PDT 15 of 15

05/31/2012

230(g), the Plaintiffs' Motion for Attorney Fees 95 , scheduled for hearing on 5/3/2012, is submitted without oral argument. The hearing date of 5/3/2012 is vacated. If the Court determines that oral argument is needed, it will be scheduled at a later date. Accordingly, the Request for Telephonic Appearance 101 , is denied as moot. (Deutsch, S) (Entered: 04/30/2012)
104 ORDER signed by Judge Morrison C. England, Jr on 5/30/12 ORDERING Plaintiffs' Motion for Attorneys' Fees 95 is DENIED. Defendants' request to appear telephonically 101 at the hearing on this matter, which was vacated pursuant to this Court's order of April 30, 2012, is likewise DENIED as moot. (Matson, R) (Entered: 05/31/2012)