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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RALPH COLEMAN, et al.,

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Plaintiffs,

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v.

No. 2:90-cv-0520 KJM DB P

ORDER

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

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On January 25, 2018, defendants were ordered to show cause in writing why

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inadequate wall ventilation grates at the mental health crisis bed (MHCB) unit at California State

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Prison-Corcoran (CSP-Corcoran) could not be replaced within six months. ECF No. 5762 at 4.

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Defendants have filed a response to the order to show cause. ECF No. 5775. In the response,

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defendants represent that they have obtained funding and Fire Marshal approval for their plan to

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replace the ventilation grates, and that they “expect” to complete replacement of the grates

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“within the next six months.” Id. at 1-2. Defendants also represent that they will have to take all

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twenty-four MHCBs offline during construction and that, as required by court order, ECF No.

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5573, they “will continue to meet and confer with the Special Master over any reduction in beds,

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and provide updates on the status of these beds during the parties’ regular bed planning

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discussions.” Id. at 2.

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In an order filed October 10, 2017, now on appeal, the court noted but did not

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address “the underlying causes of the systemic delays in access to MHCBs,” including “too few

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MHCBs to meet needs.” ECF No. 5710 at 17. While it is apparent the ventilation grates must be

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replaced and that MHCBs will have to be taken offline during the construction, the record also

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suggests a reduction in the number of available MHCBs risks will exacerbate systemic delays in

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transfer to crisis bed care.

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To minimize the risk of harm to class members, the court will direct defendants to

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consult with the Special Master in person or by telephone, or both, in the next fourteen days to

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develop a specific back-up plan for continuity of access to MHCB care while these twenty-four

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MHCBs are offline at CSP-Corcoran. During that consultation, the defendants shall work with

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the Special Master to develop a schedule for completion of the necessary work at CSP-Corcoran,

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including but not limited to any periodic reporting the Special Master may require to ensure that

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the work remains on track to be completed within the projected six-month time frame. If the

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Special Master at any time requires further direction from the court to effect the purpose of this

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order, he shall seek such direction promptly.

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

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1. The January 25, 2018 order to show cause is discharged; and

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2. Within fourteen days from the date of this order defendants shall consult and

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work with the Special Master to develop the plan and schedule required by this order.

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DATED: February 13, 2018.

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UNITED STATES DISTRICT JUDGE

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