Coleman, et al v. Schwarzenegger, et al

Filing 5171

ORDER signed by Judge Lawrence K. Karlton on 6/18/2014. Defendants shall revisit and, as appropriate, revise their existing mental health staffing plan in order to resolve ongoing problem of mental health staffing shortages and come into compliance w ith requirements of Courts 6/13/2002 1383 Order concerning maximum mental health staff vacancy. Defendants shall assume primary responsibility for completion of this task, with Special Master's participation in accordance with this Order. De fendants shall report to Court on the results of this review on or before 9/12/2014. Defendants have satisfied requirements of paragraph 4 of Court's 3/18/2014 5116 Order. Defendants shall continue to work with their consultant and Special Master to forecast and plan for adequate bed and treatment space for mentally ill population consistent with their current process. (Marciel, M)

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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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By order filed March 18, 2014, defendants were, inter alia,

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granted an extension of time to fully activate all mental health

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units at the California Health Care Facility, ordered to file

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monthly updates with the court and the Special Master until all

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units were activated, and, in the first monthly report, include

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the results of their review of whether the current salary

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schedule for prison psychiatrists is competitive both within

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California and nationally.

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12.

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court by June 13, 2014 whether their revised mental health bed

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plan is sufficient to meet the bed needs of the mental health

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population projected through December 2016 by the Spring 2014

Mar. 18, 2014 Order (ECF No. 5116) at

In the same order, defendants were directed to report to the

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population projections.

Id.

The court has received and reviewed the monthly status

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reports filed to date (ECF Nos. 5123 and 5155), and defendants’

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June 13, 2014 report concerning whether they have sufficient

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mental health beds through December 2016 (ECF No. 5169).

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court has also conferred with the Special Master concerning these

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reports.

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The

The reports are somewhat encouraging in that it appears
defendants have mental health beds sufficient to meet the

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projected need through December 2016.

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and the Special Master confirms, that defendants continue to

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struggle with the task of hiring sufficient mental health staff,

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particularly psychiatrists.

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adequate staff to meet the treatment needs of the identified

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population would leave defendants short of meeting their

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constitutional obligations to the plaintiff class.

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However, it also appears,

A sufficient number of beds without

In 2002, defendants were ordered to maintain a vacancy rate

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among psychiatrists and case managers of no more than ten

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percent.

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ago, defendants were ordered to “continue to take all steps

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necessary to resolve all outstanding staffing allocation issues,”

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including development of a staffing plan.

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(ECF No. 3613) at 2.

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order, defendants report that their prison psychiatrist salaries

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“are within the range of comparable private and public sector

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salaries for psychiatrists within California and nationally” and

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they have the authority to “offer newly hired psychiatrists

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salaries in excess of the minimum starting salary in the State

June 13, 2002 Order (ECF No. 1383) at 4.

Five years

June 18, 2009 Order

In response to the court’s March 18, 2014

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pay scale range.”

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(ECF No. 5123) at 3.

Defs. Status Report and Req. Modify Bed Plan

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The ongoing difficulties with staffing even with a

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competitive salary structure suggest, and the Special Master

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confirms, that it is necessary to revisit and, as appropriate,

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revise the existing staffing plan in order to resolve the

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continuing problem of mental health staffing shortages and ensure

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that defendants come into compliance with the requirements of the

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June 13, 2002 order concerning maximum mental health staff

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vacancy rates.

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for this task, with the Special Master providing guidance and

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expertise where necessary, to ensure its timely completion, and

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to ensure that plaintiffs are provided notice and an opportunity

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for input as appropriate.

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Defendants shall assume primary responsibility

The March 18, 2014 order also required defendants to

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“develop a process for forecasting and planning for adequate bed

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and treatment space for the mentally ill population going

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forward.”

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June 13, 2014 Response to that order, defendants represent that

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“they remain committed to continue to work with their consultant

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and the Special Master to forecast need to ensure there are

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adequate beds and treatment space for all Coleman class members.”

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Defs. Resp. to March 18, 2014 Order (ECF No. 5169) at 4.

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Special Master informs the court that this representation

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combined with defendants’ current process for forecasting and

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planning for mental health bed and treatment space satisfies the

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requirements of paragraph 4 of the March 18, 2014 order (ECF No.

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5116).

Mar. 18, 2014 Order (ECF No. 5116) at 12-13.

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In their

The

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In accordance with the above, IT IS HEREBY ORDERED that:

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1.

Defendants shall revisit and, as appropriate, revise

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their existing mental health staffing plan in order to resolve

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the ongoing problem of mental health staffing shortages and come

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into compliance with the requirements of this court’s June 13,

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2002 order (ECF No. 1383) concerning maximum mental health staff

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vacancy.

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completion of this task, with the Special Master’s participation

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in accordance with this order.

Defendants shall assume primary responsibility for

Defendants shall report to the

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court on the results of this review on or before September 12,

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2014.

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2.

Defendants have satisfied the requirements of paragraph

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4 of the court’s March 18, 2014 order (ECF No. 5116).

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shall continue to work with their consultant and the Special

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Master to forecast and plan for adequate bed and treatment space

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for the mentally ill population consistent with their current

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process.

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DATED:

June 18, 2014.

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Defendants