Allen v. Stanislaus County et al

Filing 113

TENTATIVE PRETRIAL ORDER, signed by District Judge Dale A. Drozd on 2/7/2018. (Motions in limine shall be filed no later than 3/6/2018; Oppositions shall be filed no later than 3/16/2018; The court will hear arguments on any motions in limine on 3/22/2018, at 01:30 PM in Courtroom 5 (DAD) before District Judge Dale A. Drozd. Each party is granted 14 days from the date of this order to file objections to the same. Each party is also granted 7 days thereafter to respond to the other party's objections. If no objections are filed, the order will become final without further order of this court.) (Gaumnitz, R) Modified (added MIL ddls) on 2/8/2018 (Gaumnitz, R).

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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COLUMBUS ALLEN, JR.,

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Plaintiff,

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v.

No. 1:13-cv-00012-DAD-SAB

TENTATIVE PRETRIAL ORDER

STANISLAUS COUNTY, et al.,

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Defendants.

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On February 5, 2018, the court conducted a final pretrial conference in this action.

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Attorney Joan R. Camagong appeared as counsel for plaintiff and attorney John R. Whitefleet

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appeared as counsel for defendants. Having considered the documents submitted, and having

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heard from counsel, the court issues this tentative pretrial order.

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Plaintiff Columbus Allen Jr., a state prisoner proceeding with counsel, brings this civil

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rights action under 42 U.S.C. § 1983 against defendants Stanislaus County (the “County”) and

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current and former County employees. Plaintiff alleges that his constitutional rights were

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violated while held as a pre-trial detainee at the Stanislaus County jail.

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I.

JURISDICTION/VENUE

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Jurisdiction is predicated on 28 U.S.C. § 1331. Jurisdiction is not contested.

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Venue is proper pursuant to 28 U.S.C. § 1391. Venue is not contested.

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II.

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JURY
Both parties have demanded a jury trial. The jury will consist of eight jurors.

III.

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UNDISPUTED FACTS
1.

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On February 17, 2006, plaintiff was arrested and transported to Stanislaus County
Jail.

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2.

Plaintiff was initially placed into a safety cell.

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3.

Once booked and classified, plaintiff was housed as a maximum security inmate at
the Stanislaus County Men’s Jail.

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4.

Plaintiff was transferred out of the jail on August 2, 2010.

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5.

Stanislaus County Sheriff’s Department Adult Detention Division Policy and

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Procedures Number 3.06.01 (formerly 3-6), in effect during plaintiff’s

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incarceration set forth the method and procedures for an inmate to seek a remedy

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for any complaints regarding their confinement.

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Stanislaus County Sheriff’s Department Adult Detention Division Policy and

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Procedures Number policy Nos. 2.01.02 (previously 2-1) and 2.01.08 (previously

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part 2.01) addresses an arrestee’s right to make telephone calls.

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Stanislaus County Sheriff’s Department Adult Detention Division Policy and

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Procedures Number policy 2-3 provides for classification and housing of inmates

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at the jail.1

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IV.

DISPUTED FACTUAL ISSUES

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1.

Whether plaintiff had actual knowledge of the appeal process.

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2.

Whether plaintiff exhausted his administrative remedies as to each claim under the

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Prison Litigation Reform Act.

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3.

Whether plaintiff can establish damages and extent thereof.

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Counsel are directed to confer in an attempt to arrive at a more robust identification of
undisputed facts which can be presented to the court by way of objections to this tentative pretrial
order. In this regard, the court would point to the statement of undisputed facts set forth in the
magistrate judge’s findings and recommendations addressing defendants’ motion for summary
judgment. (Doc. No. 76 at 15-17.)
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4.

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Whether plaintiff can establish any physical damages as required under the Prison
Litigation Reform Act.

V.

DISPUTED EVIDENTIARY ISSUES/MOTIONS IN LIMINE

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The parties have not yet filed motions in limine, but have indicated that they anticipate

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doing so. The court does not encourage the filing of motions in limine unless they are addressed

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to issues that can realistically be resolved by the court prior to trial and without reference to the

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other evidence which will be introduced by the parties at trial. Any motions in limine counsel

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elects to file shall be filed no later than March 6, 2018. Opposition shall be filed no later than

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March 16, 2018. The court will hear arguments on any motions in limine on March 22, 2018 at

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1:30 p.m. At the hearing, the parties will also be given the opportunity to present arguments as to

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the application of Castro v. County of Los Angeles, 833 F.3d 1060 (9th Cir. 2016).

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VI.

SPECIAL FACTUAL INFORMATION

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None.
VII.

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RELIEF SOUGHT
Plaintiff seeks monetary damages.

VIII.

POINTS OF LAW
The claims and defenses arise under federal law. Plaintiff’s claim for denial of outdoor

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exercise is brought against defendants County of Stanislaus, Puthuff, Christianson, Duncan, and

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Lloyd. Plaintiff’s claim for denial of access to telephone privileges is brought against defendants

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Suarez, Galles, Truffa, Mauldin, Meyers, and Williams. Plaintiff’s claim for failure to protect is

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brought against defendants Radza, Williams, Aziz, Maze, and Cardoza. Plaintiff’s claim for

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retaliation is brought against defendants Clifton, Radza, and Cardoza. In their trial briefs the

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parties are directed to address the following as well as any other legal issues they believe should

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be addressed.

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1. The elements of, standards for, and burden of proof in an action alleging denial of the
right to outdoor exercise under the Eighth Amendment.

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2. The elements of, standards for, and burden of proof in an action alleging denial of

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telephone privileges under the Due Process Clause of the Fourteenth Amendment.
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3. The elements of, standards for, and burden of proof in an action alleging failure to protect

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under the Eighth Amendment.

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4. The elements of, standards for, and burden of proof in an action alleging retaliation in

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violation of the First Amendment.

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5. The procedure by which defendants believe that there contention that plaintiff failed to

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adequately exhaust his available administrative remedies prior to filing suit as required

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under the PLRA should be addressed at trial, recognizing that the court has already ruled

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that they failed to sustain their burden as to this contention on summary judgment.
6. The elements of, standards for, burden of proof and procedure by which defendants’

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assertion of entitlement to qualified immunity should be addressed at trial, recognizing

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that defendants’ motion for summary judgment on this ground was denied by the court.

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Trial briefs addressing the points of law implicated by these remaining claims shall be

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filed with this court no later than 7 days before trial in accordance with Local Rule 285.

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ANY CAUSES OF ACTION OR AFFIRMATIVE DEFENSES NOT EXPLICITLY

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ASSERTED IN THE PRETRIAL ORDER UNDER POINTS OF LAW AT THE TIME IT

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BECOMES FINAL ARE DISMISSED, AND DEEMED WAIVED.

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IX.

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ABANDONED ISSUES
None.

X.

WITNESSES
Plaintiff’s witnesses shall be those listed in Attachment A. Defendants’ witnesses shall

be those listed in Attachment B. Each party may call any witnesses designated by the other.
A.

The court does not allow undisclosed witnesses to be called for any purpose,

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including impeachment or rebuttal, unless they meet the following criteria:

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(1)

The party offering the witness demonstrates that the witness is for the

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purpose of rebutting evidence that could not be reasonably anticipated at

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the pretrial conference, or

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(2)

The witness was discovered after the pretrial conference and the proffering
party makes the showing required in paragraph B, below.
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B.

Upon the post pretrial discovery of any witness a party wishes to present at trial,

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the party shall promptly inform the court and opposing parties of the existence of

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the unlisted witnesses so the court may consider whether the witnesses shall be

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permitted to testify at trial. The witnesses will not be permitted unless:

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(1)

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The witness could not reasonably have been discovered prior to the
discovery cutoff;

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(2)

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The court and opposing parties were promptly notified upon discovery of
the witness;

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(3)

If time permitted, the party proffered the witness for deposition; and

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(4)

If time did not permit, a reasonable summary of the witness’s testimony

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was provided to opposing parties.
XI.

EXHIBITS, SCHEDULES, AND SUMMARIES
Plaintiff’s exhibits are listed in Attachment C.2 At trial, plaintiff’s exhibits shall be listed

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numerically. Defendants’ exhibits are listed in Attachment D. At trial, defendants’ exhibits

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shall be listed alphabetically. No exhibit shall be marked with or entered into evidence under

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multiple exhibit numbers, and the parties are hereby directed to meet and confer for the purpose

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of designating joint exhibits. All exhibits must be pre-marked as discussed below.

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At trial, joint exhibits shall be identified as JX and listed numerically, e.g., JX-1, JX-2.

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Plaintiff’s exhibits shall be listed numerically and defendants’ exhibits shall be listed

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alphabetically. All exhibits must be pre-marked. The parties must prepare three (3) separate

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exhibit binders for use by the court at trial, with a side tab identifying each exhibit in accordance

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with the specifications above. Each binder shall have an identification label on the front and

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spine.

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The parties must exchange exhibits no later than 28 days before trial. Any objections to
exhibits are due no later than 14 days before trial. The final exhibits are due the Thursday

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Prior to the deadline for submitting objections to this order, plaintiff is directed to supplement
item # 16 in plaintiff’s Exhibit List. Supplementation should identify with particularity the
medical records plaintiff seeks to admit.
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before trial. In making any objection, the party is to set forth the grounds for the objection. As

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to each exhibit which is not objected to, it shall be marked and received into evidence and will

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require no further foundation.

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The court does not allow the use of undisclosed exhibits for any purpose, including
impeachment or rebuttal, unless they meet the following criteria:

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A.

The court will not admit exhibits other than those identified on the exhibit lists

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referenced above unless:

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(1)

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The party proffering the exhibit demonstrates that the exhibit is for the
purpose of rebutting evidence that could not have been reasonably

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anticipated, or

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(2)

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The exhibit was discovered after the issuance of this order and the
proffering party makes the showing required in paragraph B, below.

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B.

Upon the discovery of exhibits after the discovery cutoff, a party shall promptly

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inform the court and opposing parties of the existence of such exhibits so that the

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court may consider their admissibility at trial. The exhibits will not be received

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unless the proffering party demonstrates:

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(1)

The exhibits could not reasonably have been discovered earlier;

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(2)

The court and the opposing parties were promptly informed of their

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existence;

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(3)

The proffering party forwarded a copy of the exhibits (if physically

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possible) to the opposing party. If the exhibits may not be copied the

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proffering party must show that it has made the exhibits reasonably

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available for inspection by the opposing parties

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XII.

DISCOVERY DOCUMENTS
Counsel must lodge the sealed original copy of any deposition transcript to be used at trial

with the Clerk of the Court no later than 14 days before trial.

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Plaintiff and defendants may use the following discovery documents at trial:

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1.

Plaintiff’s deposition transcript.
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XIII.

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XIV. STIPULATIONS
The parties have stipulated that defendants were acting under color of law.
XV.

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FURTHER DISCOVERY OR MOTIONS
Both parties anticipate filing motions in limine.

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Plaintiff’s responses to Request for Production of Documents and Interrogatories.

AMENDMENTS/DISMISSALS
None.

XVI. SETTLEMENT

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The parties have not engaged in any settlement discussions to date. A mandatory

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settlement conference is scheduled for February 22, 2018 at 10:30 a.m. before Magistrate Judge

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Michael J. Seng.

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XVII. JOINT STATEMENT OF THE CASE

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Plaintiff Columbus Allen alleges his constitutional rights were
violated while held as a pre-trial detainee at the Stanislaus County
jail. Defendants deny any violation or that plaintiff has been
damaged.3

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XVIII. SEPARATE TRIAL OF ISSUES

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None.
XIX. IMPARTIAL EXPERTS/LIMITATION OF EXPERTS

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None.
XX.

Plaintiff reserves the right to seek attorneys’ fees and costs.

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XXI. TRIAL PROTECTIVE ORDER AND REDACTION OF TRIAL EXHIBITS

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None.
XXII. MISCELLANEOUS

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ATTORNEYS’ FEES

None
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As discussed at the hearing, the parties are requested to confer in an effort to arrive at a
somewhat more detailed neutral statement of the case to be read to prospective jurors.
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XXIII. ESTIMATED TIME OF TRIAL/TRIAL DATE

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Jury trial is set for April 10, 2018, at 8:30 a.m. in Courtroom 5 before the Honorable Dale

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A. Drozd. Trial is expected to last seven days. The parties are directed to Judge Drozd’s standard

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procedures available on his webpage on the court’s website.

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Counsel are to call Renee Gaumnitz, courtroom deputy, at [phone], one week prior

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to trial to ascertain the status of the trial date.

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XXIV. PROPOSED JURY VOIR DIRE AND PROPOSED JURY INSTRUCTIONS

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The parties shall file any proposed jury voir dire 7 days before trial. Each party will be
limited to fifteen minutes of jury voir dire.
The court directs counsel to meet and confer in an attempt to generate a joint set of jury

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instructions and verdicts. The parties shall file any such joint set of instructions 14 days before

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trial, identified as “Joint Jury Instructions and Verdicts.” To the extent the parties are unable to

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agree on all or some instructions and verdicts, their respective proposed instructions are due 14

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days before trial.

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Counsel shall e-mail a copy of all proposed jury instructions and verdicts, whether agreed

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or disputed, as a Word document to [e-mail] no later than 14 days before

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trial; all blanks in form instructions should be completed and all brackets removed.

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Objections to proposed jury instructions must be filed 7 days before trial; each objection

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shall identify the challenged instruction and shall provide a concise explanation of the basis for

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the objection along with citation of authority. When applicable, the objecting party shall submit

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an alternative proposed instruction on the issue or identify which of his or her own proposed

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instructions covers the subject.

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XXV. TRIAL BRIEFS

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As noted above, trial briefs are due 7 days before trial.
XXVI. OBJECTIONS TO PRETRIAL ORDER
Each party is granted 14 days from the date of this order to file objections to the same.

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Each party is also granted 7 days thereafter to respond to the other party’s objections. If no

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objections are filed, the order will become final without further order of this court.
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The parties are reminded that pursuant to Rule 16(e) of the Federal Rules of Civil

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Procedure and Local Rule 283 of this court, this order shall control the subsequent course of this

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action and shall be modified only to prevent manifest injustice.

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IT IS SO ORDERED.

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Dated:

February 7, 2018
UNITED STATES DISTRICT JUDGE

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Exhibit A

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Plaintiff’s Witness List

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1.

Columbus Allen, Jr.

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2.

Deputy Christopher Williams

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3.

Lieutenant Ronald Lloyd

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Deputy Escarcega

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Deputy Munoz

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6.

Sergeant Galles

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Sheriff Christianson

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Sgt. Ernie Radza

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Richard Aziz

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10.

Captain Duncan

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Mark Cardoza

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Deputy Rosales Badge # 848

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Custodian(s) of Records for relevant documents including Plaintiff’s central file

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and medical records with CDCR, Stanislaus County Civil Grand Jury and Board of

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Supervisors of the Stanislaus County.

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Exhibit B

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Defendants’ Witness List

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1.

Adam Christianson

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2.

Mark Puthuff

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Bill Duncan

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4.

Ronald Lloyd

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Mark Cardoza

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6.

Gregg Clifton

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Ernie Radza

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Ryan Mauldin

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Brenda Suarez

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10.

Peter Galles

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Vincent Truffa

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12.

Cory Meyer

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13.

Chris Williams

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Michael Maze

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Richard Aziz

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Deputy Jenkins

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Deputy J. Mott

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Deputy J. Corey

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Deputy J Diaz

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Sgt. C. Blake

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Deputy Escarcega

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Deputy Munoz

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Deputy Martinez
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Sgt. Campbell

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Deputy Frost

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Deputy Valente

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Sgt. Husman

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Sgt. Harper

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Deputy J Sousa

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Sgt White

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Deputy Kiernan

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Custodian of Records California Forensic Medical Group

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Person Most Knowledgeable regarding Plaintiffs’ Care from California Forensic

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Medical Group

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Custodian of Records Correct Care Solutions

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Person Most Knowledgeable regarding Plaintiffs’ Care from Correct Care

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Solutions

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Dr. Lyn Raible

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Aura Brown

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Exhibit C

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Plaintiff’s Exhibit List

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1.

Civil Grand Jury Report Case No. 09-18.

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2.

The Board of Supervisors of the County of Stanislaus Action Agenda Summary

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dated September 15, 2009.
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Stanislaus County Sheriff’s Department Response to Civil Grand Jury Report 0918 dated July 24, 009.

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Stanislaus County Sheriff’s Department Inmate Request Forms, Responses to

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Inmate Grievances, Incident Reports, Sergeants Watch Reports, and Classification

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Shift Reports (CO 0001 - CO0213).

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5.

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Stanislaus County Sheriff’s Department Adult Detention Division Policy and
Procedures (CO 0214- CO0452)

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Inmate Headcount Rosters (CO 0453- CO 0508).

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Booking Register dated 2/17/06 (CO 0511- CO 0512).

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8.

Stanislaus County Adult Detention Division Medical Screening dated 2/17/06 (CO

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0513)
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California Forensic Medical Group Intake Triage Assessment dated 2/17/06 (CO
0514- CO 0515).

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10.

Mental Health Initial Evaluation dated 2/17/06 (CO 0516).

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Nursing Assessment of Psychiatric & Suicidal Inmate dated 2/17/06 (CO 0517).

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12.

Sobering/Safety Cell/Restraints Log dated 2/17/06 (CO 0518- CO 0519).

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13.

California Forensic Medical Group Doctors Orders (CO 0520- CO 0521).

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California Forensic Medical Group Physical Assessment (CO 0522 – CO 0523).

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Stanislaus County Custodial Division Medical Screening (CO 0524).

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16.

Relevant medical records for Plaintiff.
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Exhibit D

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Plaintiff’s Exhibit List

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1.

Plaintiff’s medical records from CFMG, 1-129

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2.

Stanislaus County SD report by Deputy Jenkins dated 2.26.2006

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3.

Deputy Aziz report dated 2.26.2006

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Shift Report COUNTY 00930

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Inmate Location Listing Roster

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Inmate Grievances/requests/appeals, various dates

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Incident Report 4.15.2008 COUNTY 21-27

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Incident Report 7.7.2009 COUNTY 29-34

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Incident Report 1.18.2010 COUNTY 38-39

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Shift Report 10.4.07 COUNTY 933

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Shift Report 10.02.07 COUNTY 930

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Remark History

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Incident Report 2.18.2006 COUNTY 0007

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Stanislaus County Sheriff’s Department Adult Detention Division Policy and

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Procedures Number 3.06.01 (formerly 3-6)
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Stanislaus County Sheriff’s Department Adult Detention Division Policy and

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Procedures Number policy Nos. 2.01.02 (previously 2-1) and 2.01.08 (previously

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part of 2.01)

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16.

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Procedures Number policy No. 2-3
17.

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Stanislaus County Sheriff’s Department Adult Detention Division Policy and

Stanislaus County Sheriff’s Department Adult Detention Division Policy and
Procedures Number policy 10-12

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Stanislaus County Sheriff’s Department Adult Detention Division Policy and
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Procedures Number policy Nos 5.02.03 and 5.02

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Incident Reports COUNTY 941-977

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Stanislaus County Sheriff’s Department Adult Detention Division Policy and

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Procedures COUNTY 1104-1236

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Sgt. Watch Report COUNTY 1289

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Sobering Cell Log

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Incident Reports COUNTY 0001-0019

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