Coleman, et al v. Schwarzenegger, et al

Filing 5782

ORDER signed by District Judge Kimberly J. Mueller on 2/13/18 ORDERING that the 1/25/18 ORDER to SHOW CAUSE 5762 is DISCHARGED; and Within fourteen days from the date of this order defendants shall consult and work with the Special Master to develop the plan and schedule required by this order. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RALPH COLEMAN, et al., 12 Plaintiffs, 13 14 15 v. No. 2:90-cv-0520 KJM DB P ORDER EDMUND G. BROWN, JR., et al., Defendants. 16 17 On January 25, 2018, defendants were ordered to show cause in writing why 18 inadequate wall ventilation grates at the mental health crisis bed (MHCB) unit at California State 19 Prison-Corcoran (CSP-Corcoran) could not be replaced within six months. ECF No. 5762 at 4. 20 Defendants have filed a response to the order to show cause. ECF No. 5775. In the response, 21 defendants represent that they have obtained funding and Fire Marshal approval for their plan to 22 replace the ventilation grates, and that they “expect” to complete replacement of the grates 23 “within the next six months.” Id. at 1-2. Defendants also represent that they will have to take all 24 twenty-four MHCBs offline during construction and that, as required by court order, ECF No. 25 5573, they “will continue to meet and confer with the Special Master over any reduction in beds, 26 and provide updates on the status of these beds during the parties’ regular bed planning 27 discussions.” Id. at 2. 28 1 1 In an order filed October 10, 2017, now on appeal, the court noted but did not 2 address “the underlying causes of the systemic delays in access to MHCBs,” including “too few 3 MHCBs to meet needs.” ECF No. 5710 at 17. While it is apparent the ventilation grates must be 4 replaced and that MHCBs will have to be taken offline during the construction, the record also 5 suggests a reduction in the number of available MHCBs risks will exacerbate systemic delays in 6 transfer to crisis bed care. 7 To minimize the risk of harm to class members, the court will direct defendants to 8 consult with the Special Master in person or by telephone, or both, in the next fourteen days to 9 develop a specific back-up plan for continuity of access to MHCB care while these twenty-four 10 MHCBs are offline at CSP-Corcoran. During that consultation, the defendants shall work with 11 the Special Master to develop a schedule for completion of the necessary work at CSP-Corcoran, 12 including but not limited to any periodic reporting the Special Master may require to ensure that 13 the work remains on track to be completed within the projected six-month time frame. If the 14 Special Master at any time requires further direction from the court to effect the purpose of this 15 order, he shall seek such direction promptly. 16 In accordance with the above, IT IS HEREBY ORDERED that: 17 1. The January 25, 2018 order to show cause is discharged; and 18 2. Within fourteen days from the date of this order defendants shall consult and 19 work with the Special Master to develop the plan and schedule required by this order. 20 DATED: February 13, 2018. 21 22 UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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