Alejandro Madrid, et al., on behalf of themselves and all others similarly situated v. James Gomez, Director, California Department of Corrections, et al.
Published: Apr. 30, 2011 | Result Date: Mar. 24, 2011 | Filing Date: Jan. 1, 1900 |Case number: 3:1990-cv-03094 Bench Decision – Dismissal with Prejudice
Court
USDC Northern
Attorneys
Plaintiff
Donald H. Specter
(Prison Law Office)
Defendant
Emily L. Brinkman
(Office of the Attorney General)
Mildred K. O'Linn
(Manning & Kass, Ellrod, Ramirez, Trester LLP)
Facts
In 1990, a class of all prisoners incarcerated by the State of California Dept. of Corrections at Pelican Bay State Prison filed an action against Pelican Bay Warden Charles Marshall, Chief Deputy Warden Terry Peetz, Chief Medical Officer A. M. Astorga, and James Gomez, Director of the California Dept. of Corrections. Plaintiffs alleged that the corrections department had violated constitutional standards with respect to medical and mental health care, and had encouraged the use of excessive force. In 1995, a California federal court ruled in favor plaintiffs. As a result, the state created and put into practice a plan to remedy the situation with the supervision of a court-appointed special master. By 2008, the special master recommended that the final phase of the plan, which entailed federal court monitoring of investigations and disciplinary procedures, be brought to an end. In 2010, the government asserted that a statewide use-of-force policy had been put in place. The California Dept. of Corrections and Rehabilitation stated its commitment to the Madrid reforms implemented by the federal court.
Result
The court terminated all use-of-force orders in the action, dismissed the case with prejudice, and ordered the government to pay plaintiffs' counsel $5,429.45 in attorney fees.
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