Coleman, et al v. Schwarzenegger, et al

Filing 5371

STIPULATION and ORDER signed by Judge Kimberly J. Mueller on 10/27/15. Defendants shall continue, under the guidance of the Special Master, to implement the plans and policies approved by the Courts August 11, 2014 order, as modified by the propo sed revision to Section 51020.5 of CDCRs Use of Force policy identified herein. Implementation of the plans and policies approved by the August 11, 2014 order and this order shall continue to be monitored by the Special Master in accordance with his monitoring and reporting duties in this action.(Dillon, M)

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KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O’BANNON
Supervising Deputy Attorneys General
ELISE OWENS THORN, State Bar No. 145931
CHRISTINE M. CICCOTTI, State Bar No. 238695
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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RALPH COLEMAN, et al.,

2:90-cv-00520 KJM DAD PC

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Plaintiffs, STIPULATION AND ORDER
MODIFYING THE AUGUST 11, 2014
ORDER WITH RESPECT TO POLICY
REVISIONS ON THE USE OF
EXPANDABLE BATONS

v.

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EDMUND G. BROWN JR., et al.,
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Defendants.
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On April 10, 2014, this Court ordered Defendants to revise policies and create plans related

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to the use of force and segregated housing of Coleman class members. (Order at 72-74, ECF No.

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5131, Apr. 10, 2014.) On August 1, 2014, Defendants filed several of the plans and policies

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contemplated by the April 10, 2014 Order, including the revised expandable baton policy.

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(Defendants' Plans and Policies Submitted in Response to April 10, 2014 and May 13, 2014

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Orders, ECF No. 5190 at 11, 25.) On August 11, 2014, the Court approved the plans and policies

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submitted by Defendants on August 1, 2014. (Order, ECF No. 5196, Aug. 11, 2014.)

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Defendant California Department of Corrections and Rehabilitation (CDCR) now seeks to

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further clarify its expandable baton policy and proposes a revision to its Use of Force policy set

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forth below.
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Stip. and Order Modif. August 11, 2014 Order (ECF No. 5198) (2:90-cv-00520 KJM DAD PC)

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Section 51020.5 of CDCR’s Use-of-Force policy will be revised to allow escorting

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officers to use discretion, where circumstances warrant, carrying batons in the extended position

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when escorting an inmate in restraints. The following revision shows the proposed change to the

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policy:

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51020.5

Use of Force Options

Hand-held batons: The baton is normally issued to custodial staff
assigned to positions with direct inmate contact. The baton should
not be carried in the extended position unless it is being utilized for
the protection of the inmate and/or staff. During the escort of an
inmate in restraints, the baton shall be carried in the extended
position for the protection of the inmate and staff.

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CDCR presented Plaintiffs with several variations on the proposed revised language to the

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policy. The final version, set forth above, is approved by Plaintiffs and the Special Master. As a

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result, the parties, with the concurrence of the Special Master, stipulate as follows:

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STIPULATION

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1. The proposed revision to Section 51020.5 of CDCR’s Use of Force policy is approved.

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2. Defendants shall continue, under the guidance of the Special Master, to implement the

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plans and policies approved by the Court’s August 11, 2014 order, as modified by the proposed

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revision to Section 51020.5 of CDCR’s Use of Force policy identified herein.

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Stip. and Order Modif. August 11, 2014 Order (ECF No. 5198) (2:90-cv-00520 KJM DAD PC)

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3. Implementation of the plans and policies approved by the August 11, 2014 order and

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this order shall continue to be monitored by the Special Master in accordance with his monitoring

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and reporting duties in this action.

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Dated: October 19, 2015

Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
DANIELLE F. O’BANNON
Supervising Deputy Attorney General

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/s/ Elise Owens Thorn
ELISE OWENS THORN
Deputy Attorney General
Attorneys for Defendants

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/s/ Michael W. Bien
MICHAEL W. BIEN
Attorney for Plaintiffs

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ORDER
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Pursuant to the foregoing stipulation, IT IS SO ORDERED.
DATED: October 27, 2015

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UNITED STATES DISTRICT JUDGE

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Stip. and Order Modif. August 11, 2014 Order (ECF No. 5198) (2:90-cv-00520 KJM DAD PC)