Human Rights Defense Center v. County of Placer; Devon Bell, Sheriff, individually and in his official capacity; Darrell Steinhauer, Corrections Commander, individually and in his official capacity; and John and Jane Does 1-10, Staff, individually and in their official capacities
Published: Nov. 27, 2020 | Result Date: Apr. 17, 2020 | Filing Date: Feb. 6, 2020 |Case number: 20-CV-00285-JAM-CKD Settlement – $100,000
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Sanford Jay Rosen
(Rosen, Bien, Galvan & Grunfeld LLP)
Jeffrey L. Bornstein
(Rosen, Bien, Galvan & Grunfeld LLP)
Ernest J. Galvan
(Rosen, Bien, Galvan & Grunfeld LLP)
Lisa A. Ells
(Rosen, Bien, Galvan & Grunfeld LLP)
Benjamin J. Bien-Kahn
(Rosen, Bien, Galvan & Grunfeld LLP)
Daniel E. Marshall
(Human Rights Defense Center)
Defendant
Julia M. Reeves
(Office of the Placer County Counsel)
Facts
Plaintiff Human Rights Defense Center sought an injunction against the jails in the County of Placer and certain officers, sheriffs, and deputies involved in the delivery of publications sent by publishers to inmates.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants refused to deliver mail to inmates housed in their facility. Plaintiff contended that defendants violated the First and Fourteenth Amendments by both censoring and refusing to send plaintiff's mail that was delivered to them through defendant's mailing system.
DEFENDANTS' CONTENTIONS: Defendants denied all contentions against them.
Result
The court approved a $100,000 settlement agreement between the parties to resolve the claims raised by plaintiff. Defendants agreed not to refuse to deliver publications and books to inmates, provided that Defendants may refuse to deliver books or other publications that pose a threat to the security or safety of the Corrections facility. Defendants agreed to not refuse to deliver publications on the basis that they contain staples, but may remove staples prior to delivery.
Other Information
The parties agreed that because Defendants worked cooperatively and in good faith to address plaintiff's concerns, following settlement the court did not need to retain jurisdiction over the matter for purposes of enforcement.
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