Coleman, et al v. Schwarzenegger, et al

Filing 5931

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 9/24/2018 WAIVING the following state licensing requirements with respect to fifteen proposed temporary Mental Health Crisis Bed and four flexible-use beds in the Walker Unit at the California Institution for Women: A. California Health and Safety Code section 1250(j); and B. California Code of Regulations, Title 22, sections 7950179861. (Becknal, R)

1
2
3
4
5
6
7
8
9

XAVIER BECERRA
Attorney General of California
MONICA N. ANDERSON
Senior Assistant Attorney General
JAY C. RUSSELL
Supervising Deputy Attorney General
ELISE OWENS THORN, State Bar No. 145931
ANDREW M. GIBSON, State Bar No. 244330
TYLER V. HEATH, State Bar No. 271478
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

10
11

IN THE UNITED STATES DISTRICT COURT

12

FOR THE EASTERN DISTRICT OF CALIFORNIA

13

SACRAMENTO DIVISION

14
15
RALPH COLEMAN, et al.,

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

16
Plaintiffs, STIPULATION AND ORDER WAIVING
STATE LAW REGARDING THE USE OF
UNLICENSED MENTAL HEALTH
CRISIS BEDS AT THE CALIFORNIA
INSTITUTION FOR WOMEN

17
v.
18
19

EDMUND G. BROWN JR., et al.,

20

Defendants.

21
Defendants plan to build an additional 100 flexible use inpatient and crisis beds for

22
23

mentally ill inmate-patients in southern California. As a temporary measure to provide access to

24

additional crisis beds until the new beds are activated, Defendants propose converting cells in the

25

Walker Unit at the California Institution for Women for use as inpatient and crisis beds. These

26

additional beds will expand the capacity for inpatient and crisis beds for female inmate-patients.

27

///

28

///
1
STIP. AND ORDER WAIVING STATE LAW AT CIW (2:90-cv-00520 KJM-DB (PC))

1

The State has appropriated $6.8 million needed for facility modifications and staffing.1 However,

2

to move forward with this project, state licensing requirements must be waived. The waivers are

3

justified by the current and forecasted shortage of crisis beds for female inmate-patients and the

4

potential risk of serious harm to patients caused by delayed access to the Mental Health Crisis

5

Bed level of care.

6

The “Supreme Court has stated that otherwise valid state laws or court orders cannot stand

7

in the way of a federal court’s remedial scheme if the action is essential to enforce the scheme.”

8

Stone v. City and County of San Francisco, 968 F.2d 850, 862 (9th Cir. 1992) (quoting North

9

Carolina State Bd. of Educ. v. Swann, 402 U.S. 43, 45 (1971)). On April 19, 2017, this Court

10

ordered that “full compliance with the twenty-four-hour timeline to transfer to [Mental Health

11

Crisis Beds] is required to satisfy the Eighth Amendment.” (ECF No. 5610 at 11.) The addition

12

of the proposed temporary crisis beds at the California Institution for Women is an integral part of

13

ensuring timely access to crisis bed and inpatient beds.

14

Given the urgency of the need, and to activate these beds as quickly as possible, Defendants

15

and Plaintiffs jointly request that the Court waive applicable state licensing requirements so that

16

fifteen crisis beds and four flexible-use beds2 in the Walker Unit at the California Institution for

17

Women may be activated on or before December 31, 2018.

18

This Court has held on six prior occasions that state licensing requirements temporarily

19

give way to the use of unlicensed Mental Health Crisis Beds and Intermediate Care Facility

20

inpatient beds. (See ECF Nos. 4095 and 1800, Orders filed October 7, 2011, and May 6, 2006,

21

respectively, concerning California Men’s Colony; ECF No. 3748, Order filed December 11,

22

2009, concerning California State Prison, Sacramento; ECF No. 3516, Order filed February 17,

23

2009, concerning California Institution for Men; and ECF Nos. 4120 and 5592, Orders filed

24

November 17, 2011, and April 6, 2017 respectively, concerning California Medical Facility.)

25

The present request is similar to those past stipulations and orders.

26
1

27
28

http://www.ebudget.ca.gov/2018-19/pdf/Enacted/BudgetSummary/PublicSafety.pdf
Flexible-use beds are used for the Mental Health Crisis Bed, Acute, and Intermediate
inpatient levels of care.
2

2
STIP. AND ORDER WAIVING STATE LAW AT CIW (2:90-cv-00520 KJM-DB (PC))

1
2

Good cause presented to the Court and appearing, the parties stipulate that the Court should
waive the licensing requirements described below.

3

IT IS STIPULATED AS FOLLOWS:

4

1.

The following state licensing requirements shall be waived with respect to fifteen

5

proposed temporary Mental Health Crisis Bed and four flexible-use beds in the Walker Unit at the

6

California Institution for Women:

7

A. California Health and Safety Code section 1250(j); and

8

B. California Code of Regulations, Title 22, sections 79501–79861.

9
10

Dated: September 11, 2018

XAVIER BECERRA
Attorney General of California
JAY RUSSELL
Supervising Deputy Attorney General

11
12

/S/ ELISE OWENS THORN
ELISE OWENS THORN
Deputy Attorney General
Attorneys for Defendants

13
14
15

Dated: September 11, 2018

/S/ LISA ELLS
LISA ELLS
Attorneys for Plaintiffs

16
17
18
19

IT IS SO ORDERED.
DATED: September 24, 2018.

20
21
UNITED STATES DISTRICT JUDGE

22
23
24
25
26
27
28
3

STIP. AND ORDER WAIVING STATE LAW AT CIW (2:90-cv-00520 KJM-DB (PC))