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Armstrong v. Brown

United States District Court, N.D. California

February 3, 2015

JOHN ARMSTRONG, et al., Plaintiffs,
v.
EDMUND G. BROWN, JR., et al., Defendants

For John Armstrong, James Amauric, Richard Ponciano, Jack Swensen, Billy Beck, Judy Fendt, Walter Fratus, Gregory Sandoval, Darlene Madison, Peter Richardson, Steven Hill, David Rose, David Blessing, Elio Castro, Elmer Umbenhower, Raymond Hayes, Gene Horrocks, Kiah Mincey, Clifton Feathers, Willie Johnson, David Badillo, James Simmons, Flora Abrams, Joey Gough, Timothy Whisman, Plaintiffs: Donald H. Specter, Sara Linda Norman, LEAD ATTORNEYS, Alison Hardy, Corene T. Kendrick, Penny Marie Godbold, Warren E. George, Jr, Prison Law Office, Berkeley, CA; Michael William Bien, LEAD ATTORNEY, Blake Thompson, Ernest James Galvan, Lisa Adrienne Ells, Rosen Bien Galvan & Grunfeld LLP, San Francisco, CA; Arlene Brynne Mayerson, Disability Rights Education & Defense Fund, Inc., Berkeley, CA; Gay Crosthwait Grunfeld, Kenneth Michael Walczak, Michael Louis Freedman, Rosen Bien Galvan and Grunfeld LLP, San Francisco, CA; Geoffrey T. Holtz, Morgan, Lewis & Bockius LLP, San Francisco, CA; Linda D. Kilb, Disability Rights Education and Defense Fund, Inc., Berkeley, CA; Mark Raymond Feeser, Mark R. Feeser - Attorney at Law, San Luis Obispo, CA; Megan Hagler, Attorney at Law, San Rafael, CA; Rebekah B. Evenson, PRISON LAW OFFICE, Berkeley, CA; Shawn Hanson, Akin Gump Strauss Hauer & Feld LLP, San Francisco, CA.

For Robert Sillen, J. Clark Kelso, Receivers: Martin H. Dodd, LEAD ATTORNEY, Futterman Dupree Dodd Croley Maier LLP, San Francisco, CA.

For Robert Hecker, Ralph Coleman, Intervenors Pla: Martin H. Dodd, LEAD ATTORNEY, Futterman Dupree Dodd Croley Maier LLP, San Francisco, CA.

For Joseph C. Sandoval, Dir Dept of Corr James Gomez, Kyle McKinsey, Kevin Carruth, Marisela Montes, Deputy Director of the Parole and Community Services Division, Robert Presley, Secretary of the Youth and Corrections Agency of the State of California, California Board of Prison Term, Chairman James Nielsen, Gray Davis, Defendants: Paul Brian Mello, LEAD ATTORNEY, Hanson Bridgett LLP, San Francisco, CA; Danielle Felice O'Bannon, Attorney General's Office, CLS, San Francisco, CA; Jay Craig Russell, Office of the Attorney General, Correctional Law Section, San Francisco, CA; Rochelle C. East, Office of the Attorney General, San Francisco, CA.

For California Department of Corrections and Rehabilitation, Secretary James Tilton, Executive Director John Monday, Defendants: Danielle Felice O'Bannon, Attorney General's Office, CLS, San Francisco, CA; Scott John Feudale, LEAD ATTORNEY, California Attorney General's Office, Correctional Law Section, Oakland, CA; Jay Craig Russell, Office of the Attorney General, Correctional Law Section, San Francisco, CA; Jose Alfonso Zelidon-Zepeda, California State Attorney General's Office, Department of Justice, San Francisco, CA; Kyle Anthony Lewis, Department of Justice, Office of Attorney General, San Francisco, CA.

For Edmund G. Brown, Jr., Governor of California, Defendant: Scott John Feudale, LEAD ATTORNEY, California Attorney General's Office, Correctional Law Section, Oakland, CA; Bryan An-Chieh Kao, Giam Minh Nguyen, Janelle M. Smith, Michael James Quinn, California State Attorney General's Office, San Francisco, CA; Danielle Felice O'Bannon, Attorney General's Office, CLS, San Francisco, CA; Jay Michael Goldman, California Department of Justice, Office of the Attorney General, San Francisco, CA; Jay Craig Russell, Office of the Attorney General, Correctional Law Section, San Francisco, CA.

For California Correctional Peace Officers Association, Amicus: Gregg McLean Adam, Esq., LEAD ATTORNEY, Carroll, Burdick & McDonough, LLP, Attorneys At Law, San Francisco, CA; Benjamin Cornelius Sybesma, Christine Albertine, California Correctional Peace Officers' Association, West Sacramento, CA; Jennifer Spencer Stoughton, Carroll, Burdick & McDonough LLP, San Francisco, CA; Ronald Yank, Oakland, CA.

For Edward Swanson, Court Expert, Miscellaneous: Edward W. Swanson, LEAD ATTORNEY, Swanson & McNamara LLP, San Francisco, CA.

ORDER GRANTING MOTION FOR FURTHER ENFORCEMENT

(Docket No. 2436)

CLAUDIA WILKEN, United States District Judge.

Plaintiffs Armstrong, et al., move for an order for further enforcement of the 2007 injunction, applicable to all California Department of Corrections and Rehabilitation (CDCR) prisons. They allege that Defendants Brown, et al., continue to place Class Members in administrative segregation due to a lack of accessible housing. Having considered the parties' briefs and their arguments at the January 29, 2015 hearing, the Court finds that Defendants are regularly housing Armstrong class members in administrative segregation due to lack of accessible housing, in violation of this Court's previous orders and the Americans with Disabilities Act (ADA). Accordingly, the Court GRANTS Plaintiffs' motion.

BACKGROUND

In a series of orders between 1996 and 2002, the Court found that Defendants' treatment of prisoners with disabilities violated the American with Disabilities Act (ADA) and § 504 of the Rehabilitation Act. On January 3, 2001, Defendants issued the amended Armstrong Remedial Plan (ARP) setting forth their own policies and plans to come into compliance with their obligations under these federal laws. Among other things, the ARP addressed the housing of class members in administrative segregation.

In 2012, the parties developed jointly a system by which Armstrong class members are moved out of administrative segregation as CDCR looks for an accessible bed. See Docket No. 2209 at ...


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