Martha Berndt, et al. v. California Department of Corrections
Published: Apr. 21, 2012 | Result Date: Mar. 20, 2012 | Filing Date: Jan. 1, 1900 |Case number: C 03-3174 PJH Bench Decision – Denial
Court
USDC Northern
Attorneys
Plaintiff
John L. Burris
(Law Offices of John L. Burris)
Defendant
Lyn Harlan
(Office of the Attorney General)
Facts
Martha Berndt, Marta Hastings, Sophia Curry, Shelly Adcock, Patricia Moreira, Karen Curry, Lisa Boyd, Kimberley Morin, Raisa Jeffries and the estate of Judy Longo sought to represented a class of current and former female employees of the California Dept. of Corrections and Rehabilitation.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed that they suffered a pattern of sexual harassment by inmates, which included exhibitionist behavior, indecent exposure, masturbation, and ejaculation. They claimed that since 1997, over 2,0000 such incidents have occurred, and that there was a policy of discrimination that existed at defendant's institutions. Plaintiffs also alleged that officials did not take action on their complaints.
DEFENDANT'S CONTENTIONS:
Defendant argued that plaintiffs did not meet standards for class certification.
Result
The court denied plaintiffs' motion for class certification, noting a vast claim period, differing claims, a lack of numerosity, and a lack of precision in the motion papers.
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