Coleman, et al v. Schwarzenegger, et al

Filing 5487

AMENDED STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/1/2016 MODIFYING 5271 Order Regarding First Watch Security/Welfare Checks at Pelican Bay State Prison Security Housing Unit. (Jackson, T)

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KAMALA D. HARRIS
Attorney General of California
JAY C. RUSSELL
DANIELLE F. O'BANNON
Supervising Deputy Attorneys General
ELISE OWENS THORN, State Bar No. 145931
MANEESH SHARMA, State Bar No. 280084
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.,

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Plaintiffs, AMENDED STIPULATION AND ORDER
MODIFYING FEBRUARY 3, 2015
v.
ORDER REGARDING FIRST WATCH
SECURITY/WELFARE CHECKS AT
PELICAN BAY STATE PRISON
EDMUND G. BROWN JR., et al.,
SECURITY HOUSING UNIT

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2:90-cv-00520 KJM-DB (PC)

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Defendants. Judge Kimberly J. Mueller
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AS ATTACHED
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AMENDED Stip. and Order Mod. Feb. 3, 2015 Order Re: Security/Welfare Checks at Pelican Bay SHU
(2:90-cv-00520 KJM-DB (PC))

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

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On February 3, 2015, the Court entered an order adopting the Special Master’s expert’s

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recommendations on suicide prevention (ECF No. 5271), including the recommendation that

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CDCR continue to implement and monitor the May 9, 2014 directive for twice-hourly

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Security/Welfare Checks at the Pelican Bay State Prison Security Housing Unit (SHU).

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In response to concerns and suggestions raised by Plaintiffs’ counsel and the Special Master

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that the welfare checks were disturbing inmates’ sleep, the parties agreed to assess the noise

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levels at the Pelican Bay SHU. On December 28, 2015, this Court approved the parties’

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stipulation that Security/Welfare checks utilizing Guard One at the Pelican Bay SHU temporarily

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be conducted only once per hour during First Watch (2200 hours to 0600 hours), while

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Defendants worked to assess and possibly reduce the noise caused by the opening and closing of

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the Unit’s pod doors. Order, Dec. 28, 2015, ECF No. 5393. That stipulation expired by its terms

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on May 1, 2016, but was extended by further stipulations of the parties and orders of the Court

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until August 31, 2016. Id.; Stipulation Extending Order Modifying Security/Welfare Checks at

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Pelican Bay SHU, Apr. 29, 2016, ECF No. 5437; Order, May 3, 2016, ECF No. 5438; Stipulation

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Extending Order Modifying Security/Welfare Checks at Pelican Bay SHU, June 29, 2016, ECF

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No. 5465; Order, June 30, 2016, ECF No. 5467.

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CDCR completed its assessment of the noise issues raised by Plaintiffs and submitted a

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report to the Special Master and Plaintiffs on July 1, 2016. In response to allegations raised by

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plaintiffs’ counsel, CDCR instituted several measures to reduce the noise generated by the

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security/welfare checks. Without agreeing that the Security/Welfare checks utilizing Guard One

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at the Pelican Bay SHU create excessive noise levels or cause any harm to inmates, CDCR has

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agreed to conduct Security/Welfare checks utilizing Guard One at the Pelican Bay SHU only

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once per hour during First Watch (2200 hours to 0600 hours) on a permanent basis.

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AMENDED Stip. and Order Mod. Feb. 3, 2015 Order Re: Security/Welfare Checks at Pelican Bay SHU
(2:90-cv-00520 KJM-DB (PC))

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Therefore, the parties seek a permanent modification of the Court’s February 3, 2015 Order

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to provide for the Security/Welfare checks utilizing Guard One to be conducted only once per

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hour during First Watch (2200 hours to 0600) hours at the Pelican Bay SHU.

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IT IS SO STIPULATED.
Dated: August 30, 2016

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/ Christine M. Ciccotti
CHRISTINE M. CICCOTTI
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
Pursuant to the foregoing stipulation, and to address the concerns and suggestions raised by

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Plaintiffs’ counsel and the Special Master, IT IS SO ORDERED.

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DATED: September 1, 2016

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UNITED STATES DISTRICT JUDGE

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AMENDED Stip. and Order Mod. Feb. 3, 2015 Order Re: Security/Welfare Checks at Pelican Bay SHU
(2:90-cv-00520 KJM-DB (PC))