United States District Court, E.D. California
Robert E. Coleman, Plaintiff, Pro se, REPRESA, CA.
RALPH R. BEISTLINE, UNITED STATES DISTRICT JUDGE.
Robert Coleman, a state prisoner appearing pro se and in forma pauperis, brings this civil rights action under the Civil Rights Act (42 U.S.C. § 1983), the American with Disabilities Act (42 U.S.C. § 12101, et seq .), and § 504 of the Rehabilitation Act (29 U.S.C. § 794) against the California Department of Corrections and Rehabilitation (" CDCR") and three of its officials. Coleman's Complaint arises out of his incarceration in the Special Housing Unit (" SHU") at California State Prison--Corcoran (" COR"). Coleman is currently incarcerated at the California State Prison--Sacramento (" CSP-Sac").
I. GRAVAMEN OF COMPLAINT
Coleman has been clinically diagnosed with a mental disorder: " Exhibitionism." In his Complaint Coleman alleges that by confining him in administrative segregation (" ad-seg") in a SHU Defendants have: (1) denied him equal protection; (2) been deliberately indifferent to his medical needs; (3) violated § 504 of the Rehabilitation Act; and (4) violated Title II of the ADA.
Coleman's Complaint appears to challenge the CDCR housing policy initiated by Defendants Scott Kernan and Robin Dezembr placed into effect on August 31, 2007. As pertinent to the complaint that policy provides:
AMENDED HOUSING POLICY FOR ADULT MALE INMATES REFERRED FOR TREATMENT OF EXHIBITIONISM
This supersedes the memorandum issued July 2, 2007, that announced the housing policy for adult male inmates diagnosed with exhibitionism. Pursuant to a Coleman court order issued March 9, 2007, the California Department of Corrections and Rehabilitation (CDCR) is required to implement a specialized group Exhibitionism Treatment Program for inmates in the Mental Health Services Delivery System (MHSDS) who have been identified as requiring treatment for exhibitionism. The Coleman order required that group treatment be provided in at least three institutions by July 1, 2007. A mental heath interdisciplinary team (IDTT) will provide a form 128:MH8 Chrono, Mental Health IDTT Housing/Program Recommendation (sample attached), documenting that the inmate meets clinical criteria requiring treatment of exhibitionism. A CDCR Form 128-C, Medical, Psych, Dental Chrono may be used temporarily while institutions are in the process of implementing form 128-MH8. Treatment is required when an inmate has had at least one episode of indecent exposure in the last six months (at the time of the IDTT), and is either diagnosed with Exhibitionism, or meets the following alternate criteria.
Alternate criteria: The Exhibitionism diagnosis requires that the patient experiences " fantasies, sexual urges, or behaviors involving the exposure of one's genitals to an unsuspecting stranger." An inmate who meets all criteria for the diagnosis of Exhibitionism, except that the victim was not an " unsuspecting stranger" but was a staff member or inmate who did not consent to or encourage the behavior, must be referred for treatment of exhibitionism. A diagnosis of Exhibitionism is not required for inmates who meet the alternate criteria.
Inmate-patients meeting the clinical criteria shall be transferred to one of the three locations, based on the following custody criteria.
Pelican Bay State Prison (PBSP)-Psychiatric Services Unit (PSU) California State Prison, Sacramento (SAC) - PSU
o Inmates currently serving Security Housing Unit (SHU) terms and who are at the Enhanced Outpatient Program (EOP) level of care.
o Inmates on Administrative Segregation Unit (ASU) status with pending SHU terms at their current location and who are at the EOP level of care.
California State Prison, Corcoran (COR) SHU
o Inmates currently serving SHU terms and who are at the Correctional Clinical Case Management System(CCCMS) level of care.
o Inmates on ASU status pending SHU terms at their current location and who are at the CCCMS level of care.
Inmates that are eligible for COR SHU who are susceptible to developing Coccidiomycosis (Valley Fever) organism will-go-to SAC PSU.
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Once clinically diagnosed with Exhibitionism or determined to meet the alternate criteria, the case will be reviewed by an Institutional Classification Committee and Interdisciplinary Treatment Team (ICC/IDTT). The ICC/IOTT will evaluate the inmate's case factors to determine whether he can safely program in a group therapy setting in one of the three programs listed above. In addition to the required documentation outlined in the California Code of Regulations, Title 15, Section 3375, " Classification Process", the CDCR Form 128-G, Classification Chrono, shall document the following:
o The date of placement and initial reason for placement in segregated housing.
o Whether a Rules Violation Report (RVR) was issued and, if so, its disposition. Identify the outcome if adjudicated. Note whether the case was referred to the District Attorney (DA) and, if so, the status of the referral.
o Any subsequent RVRs the inmate has received and their status (adjudicated, pending DA referral, etc).
o Whether the inmate has a pending RVR and, if so, annotate that the sending institution will retain responsibility for the adjudication of all pending RVRs.
o Whether the inmate is currently serving a SHU term and, if so, whether it is determinate or indeterminate, and the Minimum Eligible ...