Coleman, et al v. Schwarzenegger, et al

Filing 5150

ORDER signed by Judge Lawrence K. Karlton on 5/13/2014 ORDERING, good cause appearing, 5131 Order is REVISED (see order image for details); Except as expressly modified herein, all provisions of the court's Order remain in full force and effect. (Waggoner, D)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RALPH COLEMAN, et al.,

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Plaintiffs,

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No. CIV. S-90-520 LKK/DAD (PC)

v.

ORDER

EDMUND G. BROWN, JR., et al.,

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Defendants.

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During a telephone call with the court, the Special Master
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reported that he recommends and the parties agree in principle
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that certain deadlines set in the court’s April 10, 2014 order
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(ECF No. 5131) be extended.

In addition, the Special Master

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reports that an additional period of time is required to
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implement the provisions of paragraph 2e at 74:7-21 of said
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order.
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Accordingly, good cause appearing, IT IS HEREBY ORDERED
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that:
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1.

The court’s April 10, 2014 order (ECF No. 5131) is

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revised as follows:
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a.

The deadline set in paragraph 1a at 72:8-11 is

extended to August 1, 2014.

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b.

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Paragraph 2a at 72:23-73:10 is revised as follows:

Not later than August 1, 2014, defendants shall file a plan

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to limit or eliminate altogether placement of class members

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removed from the general population for non-disciplinary reasons

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in administrative segregation units that house inmates removed

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from the general population for disciplinary reasons.

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shall be prepared to fully implement the plan not later than

Defendants

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September 1, 2014.

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forthwith to reduce the number of Coleman class members housed

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for non-disciplinary reasons in any administrative segregation

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unit that houses disciplinary segregation inmates; feasibility

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shall be determined by the Special Master.

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September 1, 2014, defendants will be prohibited from placing any

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class members removed from the general population for non-

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disciplinary reasons for more than seventy-two hours in

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administrative segregation units that house inmates removed from

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the general population for disciplinary reasons.

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c.

If feasible, defendants shall commence

Commencing on

The plan and protocol required by paragraph 2b at

73:11-18 shall be completed by August 1, 2014.

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d.

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Paragraph 2c at 73:19-74:3 is revised as follows:

Beginning August 1, 2014, defendants shall provide to the

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court and the Special Master monthly reports on whether each EOP

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ASU hub meets Program Guide requirements for an EOP ASU level of

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care.

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Coleman class member at the EOP level of care to any EOP ASU hub

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that has failed to meet or exceed Program Guide requirements for

Commencing October 1, 2014, defendants shall not admit any

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a period of more than two consecutive months.

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1, 2014, defendants shall not place any class member at the EOP

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level of care in any administrative segregation unit during any

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period in which there are an insufficient number of EOP Ad Seg

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Hub beds available unless failure to remove the inmate from the

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general population presents an imminent threat to life or safety.

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e.

Commencing October

The deadline set in paragraph 2d at 74:4-6 is

extended to August 1, 2014.

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f.

Not later than August 1, 2014, defendants shall

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commence implementation of the provisions of paragraph 2e at

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74:7-21.

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2.

Except as expressly modified herein, all provisions of

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the court’s April 10, 2014 order (ECF No. 5131) remain in full

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force and effect.

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IT IS SO ORDERED.
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DATED:

May 13, 2014.

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