Rutherford v. Block

Filing 351

PRELIMINARY INJUNCTION by Judge Dean D. Pregerson: Defendants, their officers, agents, employees, attorneys, assignees and all those in active concert with them are, pending final resolution of this matter, hereby preliminarily restrained and enjoin ed from: Holding an incarcerated person in the Inmate Reception Center (IRC) formore than 24 hours. The IRC consists of a reception and booking area; aclassification area; a bath area; the IRC Clinic (which includes the IRC ClinicFront Bench); a seri es of holding cells, and Module 231, an overflow module in Twin Towers Correctional Facility. This order shall not apply to Module 231. In the event an individual shall remain continuously in the IRC for more than 24 hours, Defendants shall docume nt the following: (a) the name and booking number of the individual and the date and time the individual first entered the IRC; (b) the reasons why the individual remained in the IRC longer than 24 hours; (c) the date and time the individual was r emoved from the IRC; and (d) the location of the individual after removal from the IRC. Plaintiffs shall be provided with this documentation upon request. In the event that a person leaves the IRC for medical treatment at another facility within or without the Los Angeles County Jail System, the 24-hour period shall begin anew if the person returns to the IRC after an absence extending twelve hours or more where the person has been provided a bed offsite. IT IS FURTHER ORDERED that, because Plaintiffs are indigent, they need not post any bond in connection with this preliminary injunction. IT IS SO ORDERED. See order for more information. (shb)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

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DENNIS RUTHERFORD, et al.,
Plaintiffs,

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v.

17 ALEX VILLANUEVA, Sheriff of Los

Angeles County, in his official capacity,

18 and the COUNTY OF LOS ANGELES,
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Defendants.

Case No. 75-cv-04111-DDP
PRELIMINARY INJUNCTION

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PRELIMINARY INJUNCTION

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On September 20, 2022, this Court indicated that, absent objection, the

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Temporary Restraining Order entered September 16, 2022 (Dkt. 345) would be
entered as a Preliminary Injunction (Dkt. 346). No objection having been filed, and
the parties having submitted a jointly proposed preliminary injunction (Dkt. 347),
Defendants, their officers, agents, employees, attorneys, assignees and all those in
active concert with them are, pending final resolution of this matter, hereby
preliminarily restrained and enjoined from:
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more than 24 hours. The IRC consists of a reception and booking area; a
classification area; a bath area; the IRC Clinic (which includes the IRC Clinic
Front Bench); a series of holding cells, and Module 231, an overflow module
in Twin Towers Correctional Facility. This order shall not apply to Module
231. In the event an individual shall remain continuously in the IRC for more
than 24 hours, Defendants shall document the following:
(a) the name and booking number of the individual and the date and

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time the individual first entered the IRC;

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(b) the reasons why the individual remained in the IRC longer than 24

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hours;

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(c) the date and time the individual was removed from the IRC; and

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(d) the location of the individual after removal from the IRC.

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Plaintiffs shall be provided with this documentation upon request.

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Holding an incarcerated person in the Inmate Reception Center (IRC) for

In the event that a person leaves the IRC for medical treatment at
another facility within or without the Los Angeles County Jail System, the 24hour period shall begin anew if the person returns to the IRC after an absence
extending twelve hours or more where the person has been provided a bed offsite.

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2.

Holding an incarcerated person on the IRC Clinic Front Bench,

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handcuffed, chained, or tethered to a chair or any other object, for more than

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four hours. In the event an individual remains on the Front Bench for more

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than four hours, Defendants shall document the following:
(a) the name and booking number of the individual and the date and

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time the individual was first placed on the Front Bench;

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(b) the reason(s) why the individual is on the Front Bench;

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(c) the date and time of initial mental health screening;

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(d) the date and time of any subsequent mental health or medical
evaluation;

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(e) the date and time each individual was removed from the Front

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Bench temporarily, how long the person remained untethered,

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and the reason why (e.g., escort to bathroom, mental health

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screening);
(f) the date and time each individual was permanently removed from

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the Front Bench; and

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(g) the location of individual after removal from Front Bench.

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Plaintiffs shall be provided with this documentation upon request.1

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3.

Holding more people in a holding cell in the IRC than established by the

Board of State and Community Corrections (BSCC) holding capacity without
first exhausting every other means to avoid placing more people in a holding
cell than the holding capacity permits. The latest BSCC capacity numbers for
cells within the IRC are listed in an exhibit attached to this Order. Two areas,
however, will not be governed by the attached exhibit: (1) IRC Clinic Cage and

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(2) Cell 113. For purposes of this Order, the IRC Clinic cage, when locked,

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shall have a capacity of 50 people. Cell 113 shall be used as a holding cell

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with a 16-person capacity. Additionally, the "Release" cell is not subject to the

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provisions of the Preliminary Injunction provided that it continues to be used

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as a staging cell for brief release purposes. In the event more people are in a

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holding cell than holding capacity permits, this event shall be documented as

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follows:
(a) the names and booking numbers of the individuals and the date

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and time of placement;

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(b) the type of placement;

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(c) the date and time of release;

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(d) the number of persons in the cell at time of placement; and

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(e) the identification of the particular holding cell or cage.
Plaintiffs shall be provided with this documentation upon request.

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4.

Holding an incarcerated person in a IRC holding cell for more than 12

hours total. Moving an individual from one holding cell in the IRC to another
holding cell in the IRC does not re-start the 12-hour clock. In the event that an
incarcerated person is detained in a holding cell for longer than 12 hours,
Defendants shall document the following:
(a) the name and booking number of the individual and the date and
time of placement;
(b) the reasons why an individual was in holding cell or cells for more
than 12 hours;
(c) the type of placement;
(d) the date and time of release;
(e) the number of persons in the cell at time of placement; and
(f) the identification of the particular holding cell.

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Plaintiffs shall be provided with this documentation upon request.

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5.

more than eight hours total. In the event that an incarcerated person is held in
the IRC Clinic cage, when locked, for more than eight hours, Defendants shall
document the following:
(a) the name and booking number of the individual and the date and

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time of placement;

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(b) the reasons why an individual was in holding cell or cells for more

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than 12 hours

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(c) the type of placement;

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(d) the date and time of release; and

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(e) the number of persons in the cage at time of placement.

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Holding an incarcerated person in the IRC Clinic cage, when locked, for

Plaintiffs shall be provided with this documentation upon request.
6.

Holding an incarcerated person in the IRC clinic area, cage, or any cell

in the IRC when that location is not in a clean and sanitary condition, with
access to functioning toilets, potable drinking water, clean water to wash, and

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sufficient garbage receptacles.

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7.

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in the IRC without providing ongoing access to adequate medical and mental

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health care, including but not limited to regular pill call.

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Holding an incarcerated person in the IRC clinic area, cage, or any cell

Based upon the entire record, the Court finds that the relief granted by this
order is narrowly drawn, extends no further than necessary to correct the harm at
issue, and is the least intrusive means necessary to correct that harm.
IT IS FURTHER ORDERED that, because Plaintiffs are indigent, they need
not post any bond in connection with this preliminary injunction.

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1 IT IS SO ORDERED.
2 Dated: September 27, 2022
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_____________________________________
HONORABLE DEAN D. PREGERSON
United States District Court Judge

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EXHIBIT 1

Cell
Location
Tvoe
CLINIC-REAR

ROOMS
#
Applicable
Cells
Standards

EACH CELL
#Beds
RC

Total
RC

DIMENSIONS
(LxWxH)

EACH ROOM
FIXTURES*
T
u w F

s

Notes: In addition to the holding cells below, there are three unlocked holding areas (1, 2 and 3), each of which has two combination
toilet/washbasin/fountain units. As unlocked areas, they are not technically holding cells.
129

Holding

1988

1

(5)

(5)

37 square feet

1

1

1

Note: ADA cell does not contain a bench to allow for wheelchair. The cell can only be used if the inmate is in a wheel chair, otherwise
the cell does not meet regulations.
130

Holding

1988

1

(2)

(2)

4 8 square feet

1

1

1

131

Holding

1988

1

(16)

(16)

168 square feet

1

1

1

132

Holding

1988

1

(14)

(14)

140 square feet

1

1

1

133

Holding

1988

1

(12)

(12)

128 square feet

1

1

1

BATH HOLDING
114

Holding

1988

1

(5)

(5)

81 square feet

1

1

1

115

Holding

1988

1

(14)

(14)

180 square feet

1

1

1

116

Holding

1988

1

(14)

(14)

180 square feet

1

1

1

117

Holding

1988

1

(5)

(5)

81 square feet

1

1

1

118

Holding

1988

1

(5)

(5)

81 square feet

1

1

1

Shower

1988

1

1

1

1

60

Shower

1988

1

1

1

1

60

Note: Two shower lines are near the medical section of the IRC. There are 60 showers on each line.
MEDICAL
119

Holding

1988

1

Medical Waiting

1

1

1

120

Holding

1988

1

Medical Waiting

1

1

1

121

Holding

1988

1

Psych. Waiting

1

1

1

123

Holding

1988

1

(3)

(3)

72 square feet

1

1

1

124

Holding

1988

1

(3)

(3)

72 square feet

1

1

1

125

Holding

1988

1

(3)

(3)

72 square feet

1

1

1

(3)

72 square feet

1

1

1

126
127
128

Original holding cell converted to expand office/exam area.
Holding

1988

1

(3)

Original holding cell converted to Health Infomiation Management Office.

Notes: Cells 123, 124, 125 & 127 are considered medical isolation pending evaluation and housing decisions. A non-rated wire "caged"
area was added to the clinic screening waiting area in 2/02 to provide better security for clinic overflow.
2016-2018 inspection cycle - Cell 121 had five 4' X 4' holding enclosures with "no-throw" seating and one enclosure with toilet/wash
basin/drinking fountain added
COURTLINE
106

Storage

1988

165 square feet

1

1

1

107

Holding

1988

1

(16)

(16)

165 square feet

1

1

1

108

Holding

1988

1

(14)

(14)

165 square feet

1

1

1

109

Holding

1988

1

(7)

(7)

108 square feet

1

1

1

110

Holding

1988

1

(14)

(14)

18 4 square feet

1

1

1

111

Holding

1988

1

(14)

(14)

176 square feet

1

1

1

112

Holding

1988

1

(14)

(14)

176 square feet

1

1

1

*T = Toilets; U = Urinals; W = Wash Basins; F = Fountains; S = Showers in unit; If "Total RC" appears in brackets ( ),it is not pa1t of
the facility's rated capacity. "+" indicates that capacity includes prorated air space from adjacent areas.
1330 LASO IRC LAS;7/ll/2018

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A360 LAS Adult.dot (9/98)