Coleman, et al v. Schwarzenegger, et al

Filing 5196

ORDER signed by Judge Lawrence K. Karlton on 8/11/2014 APPROVING the plans and policies filed by defendant on 8/1/2014. Defendants shall forthwith, under the guidance of the Special Master, implement the plans and policies approved by this order. Implementation of the plans and policies shall be monitored by the Special Master in accordance with his monitoring and reporting duties in this action. (Donati, J)

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

Plaintiffs,
v.

ORDER

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

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On April 10, 2014 (ECF No. 5131), defendants were ordered to

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work under the guidance of the Special Master to, inter alia,

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revise their use of force policies and procedures and work with

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the Special Master on a timeline for completion of their review

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of the use of management status; to file a plan limiting or

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eliminating altogether placement of class members removed from

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the general population for non-disciplinary reasons in

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administrative segregation units that house inmates removed from

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the general population for disciplinary reasons, and a revised

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policy concerning strip searches in Enhanced Outpatient Unit

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Administrative Segregation Unit (EOP ASU) hubs.

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also ordered to report to the court and the Special Master
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Defendants were

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monthly on whether each EOP ASU hub meets the requirements of the

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Program Guide for EOP ASU level of care and prohibitions on

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placement of Coleman class members in non-compliant EOP ASU hubs.

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Id. at 72-74.

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deadlines set in the order were extended to August 1, 2014.

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Order filed May 13, 2014 (ECF No. 5150) at 2-3.

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By order filed May 13, 2014, several relevant
See

On August 1, 2014, defendants filed a report on compliance

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with the foregoing requirements of the April 10, 2014 order

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together with the required plans and policies.

In particular,

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defendants have filed a revised use of force policy; a new

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statewide management cell status policy; a plan to limit or

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eliminate placement of class members removed from the general

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population for non-disciplinary reasons in administrative

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segregation units that house inmates removed from the general

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population for disciplinary reasons; a plan to report on Program

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Guide compliance for the EOP ASU hubs; and a revised strip search

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policy.

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The court has reviewed defendants’ report and the

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accompanying plans and policies.

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and the Special Master and his team for the substantial effort

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that resulted in the materials tendered to the court.

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agrees with defendants that they have made substantial changes to

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the relevant policies and procedures, and that those changes meet

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the requirements of the April 10, 2014 order.1

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The court commends the parties

The court

Accordingly, the

Defendants have included a request for modification of the April 10, 2014
order to the extent, if at all, that the court determines any of the plans and
policies do not comply with the “terms and intent” of the April 10, 2014
order. Defs. Plans and Policies (ECF No. 5190) at 3. The April 10, 2014
order prohibits placement of “any class members removed from the general
population for non-disciplinary reasons for more than seventy-two hours in
administrative segregation units that house inmates removed from the general

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plans and policies will be approved.

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to implement the plans and policies forthwith consistent with the

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representations in their report.

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monitored by the Special Master in accordance with his monitoring

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and reporting duties in this action.

Defendants will be directed

Said implementation shall be

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

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1.

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The plans and policies filed by defendant on August 1,

2014 are approved.
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Defendants shall forthwith, under the guidance of the

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Special Master, implement the plans and policies approved by this

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order consistent with the representations in the report that

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accompanies the plans and policies.

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3.

Implementation of the plans and policies approved by

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this order shall be monitored by the Special Master in accordance

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with his monitoring and reporting duties in this action.

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DATED:

August 11, 2014.

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population for disciplinary reasons.” Order filed April 10, 2014 (ECF No.
5131) at 73. The non-disciplinary segregation policy tendered to the court
incorporates a maximum ten-day period for classification determinations
concerning the applicability of non-disciplinary status, with Coleman class
members’ classification process to be expedited, in addition to the seventytwo hour maximum stay ordered by the court. To the extent modification of the
order is required for this plan, it is granted. No further modification of
the April 10, 2014 order are required at this time.

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