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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1 2 3 4 5 6 7 8 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: (916) 323-4025 Fax: (916) 324-5205 E-mail: Christine.Ciccotti@doj.ca.gov Attorneys for Defendants 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 14 RALPH COLEMAN, et al., 15 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 16 17 2:90-cv-00520 KJM-DB (PC) 18 Defendants. Judge Kimberly J. Mueller 19 20 21 22 AS ATTACHED 23 24 25 26 27 28 1 AMENDED Stip. and Order Mod. Feb. 3, 2015 Order Re: Security/Welfare Checks at Pelican Bay SHU (2:90-cv-00520 KJM-DB (PC)) 1 The parties, with the concurrence of the Special Master, stipulate as follows: 2 On February 3, 2015, the Court entered an order adopting the Special Master’s expert’s 3 recommendations on suicide prevention (ECF No. 5271), including the recommendation that 4 CDCR continue to implement and monitor the May 9, 2014 directive for twice-hourly 5 Security/Welfare Checks at the Pelican Bay State Prison Security Housing Unit (SHU). 6 In response to concerns and suggestions raised by Plaintiffs’ counsel and the Special Master 7 that the welfare checks were disturbing inmates’ sleep, the parties agreed to assess the noise 8 levels at the Pelican Bay SHU. On December 28, 2015, this Court approved the parties’ 9 stipulation that Security/Welfare checks utilizing Guard One at the Pelican Bay SHU temporarily 10 be conducted only once per hour during First Watch (2200 hours to 0600 hours), while 11 Defendants worked to assess and possibly reduce the noise caused by the opening and closing of 12 the Unit’s pod doors. Order, Dec. 28, 2015, ECF No. 5393. That stipulation expired by its terms 13 on May 1, 2016, but was extended by further stipulations of the parties and orders of the Court 14 until August 31, 2016. Id.; Stipulation Extending Order Modifying Security/Welfare Checks at 15 Pelican Bay SHU, Apr. 29, 2016, ECF No. 5437; Order, May 3, 2016, ECF No. 5438; Stipulation 16 Extending Order Modifying Security/Welfare Checks at Pelican Bay SHU, June 29, 2016, ECF 17 No. 5465; Order, June 30, 2016, ECF No. 5467. 18 CDCR completed its assessment of the noise issues raised by Plaintiffs and submitted a 19 report to the Special Master and Plaintiffs on July 1, 2016. In response to allegations raised by 20 plaintiffs’ counsel, CDCR instituted several measures to reduce the noise generated by the 21 security/welfare checks. Without agreeing that the Security/Welfare checks utilizing Guard One 22 at the Pelican Bay SHU create excessive noise levels or cause any harm to inmates, CDCR has 23 agreed to conduct Security/Welfare checks utilizing Guard One at the Pelican Bay SHU only 24 once per hour during First Watch (2200 hours to 0600 hours) on a permanent basis. 25 /// 26 /// 27 /// 28 /// 2 AMENDED Stip. and Order Mod. Feb. 3, 2015 Order Re: Security/Welfare Checks at Pelican Bay SHU (2:90-cv-00520 KJM-DB (PC)) 1 Therefore, the parties seek a permanent modification of the Court’s February 3, 2015 Order 2 to provide for the Security/Welfare checks utilizing Guard One to be conducted only once per 3 hour during First Watch (2200 hours to 0600) hours at the Pelican Bay SHU. 4 5 IT IS SO STIPULATED. Dated: August 30, 2016 Respectfully submitted, 6 KAMALA D. HARRIS Attorney General of California DANIELLE F. O'BANNON Supervising Deputy Attorney General 7 8 9 /s/ Christine M. Ciccotti CHRISTINE M. CICCOTTI Deputy Attorney General Attorneys for Defendants 10 11 12 13 /s/ Michael W. Bien MICHAEL W. BIEN Attorney for Plaintiffs 14 15 16 17 18 19 ORDER Pursuant to the foregoing stipulation, and to address the concerns and suggestions raised by 20 Plaintiffs’ counsel and the Special Master, IT IS SO ORDERED. 21 DATED: September 1, 2016 22 23 24 UNITED STATES DISTRICT JUDGE 25 26 27 28 3 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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