Armstrong, et al v. Davis, et al

Filing 3026

PRELIMINARY INJUNCTION RE Docket Nos. 2978 and 2979 . Signed by Judge Claudia Wilken on 7/30/2020. (ndrS, COURT STAFF) (Filed on 7/30/2020)

Case 4:94-cv-02307-CW Document 3026 Filed 07/30/20 Page 1 of 4

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
Northern District of California

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JOHN ARMSTRONG, et al.,
Plaintiffs,

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v.

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Case No. 94-cv-02307 CW
PRELIMINARY INJUNCTION
(Re: Dkt. Nos. 2978, 2979)

GAVIN C. NEWSOM, et al.,

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Defendants.

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For the reasons set forth in the Court’s order granting in

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part Plaintiffs’ motion for a preliminary injunction, the Court

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hereby orders as follows:

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Inmate 1 and Inmate 21 (Witnesses) have been transferred out

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of R.J. Donovan Correctional Facility (RJD) pursuant to the

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Court’s temporary restraining order and, while this preliminary

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injunction is in effect, they shall remain housed as follows:

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Inmate 2 shall remain at the Mental Health Crisis Bed (MHCB) at

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California Men’s Colony (CMC) on a temporary basis pending

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placement at California Health Care Facility (CHCF) once it is

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The Court finds that the parties have shown that compelling
reasons exist for using pseudonyms to maintain the names of the
inmates as confidential. The names of the inmates will be
identified in a separate order, which will be filed under seal.

Case 4:94-cv-02307-CW Document 3026 Filed 07/30/20 Page 2 of 4

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open for transfers, and Inmate 1 shall remain at an Enhanced

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Outpatient Program housing unit on Facility D at Mule Creek State

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Prison (MCSP).

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While housed at these facilities and this preliminary
injunction remains in effect:
(1)

Defendants shall have the ADA coordinator at the new
facility meet, face to face, taking appropriate Covid-

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19 precautions, with each Witness on a weekly basis for

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United States District Court
Northern District of California

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the first thirty days, then on a bi-weekly basis

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thereafter, to discuss whether the Witness has any

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security concerns or has faced any retaliation.

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ADA coordinator shall document these interactions on a

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Form 128-B, signed by the Witness, and Defendants shall

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produce the completed Form 128-B to Plaintiffs’ counsel

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within twenty-four hours;

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(2)

The

Defendants shall provide, on a weekly basis for the

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first thirty days, then on a monthly basis or sooner if

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requested, for a confidential, attorney-client

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telephone call between each Witness and Plaintiffs’

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counsel;

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(3)

Defendants shall not transfer either of the Witnesses

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to another facility other than the facilities set forth

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above unless (1) Plaintiffs’ counsel stipulate to the

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transfer; (2) Defendants obtain an order of the Court

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permitting the transfer; or (3) the transfer is

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necessary on an emergency basis to protect the health

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or safety of the Witness being transferred.

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transfer is necessary on an emergency basis to protect
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If a

Case 4:94-cv-02307-CW Document 3026 Filed 07/30/20 Page 3 of 4

the health or safety of the Witness being transferred,

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Defendants do not need advance approval from

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Plaintiffs’ counsel or an order of the Court.

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circumstances, Defendants shall provide Plaintiffs’

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counsel with notice of the transfer as soon as possible

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and no later than twenty-four hours following the

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transfer.

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within twenty-four hours to discuss the Witness’s

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United States District Court
Northern District of California

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placement.

In such

The parties shall then meet and confer

Transfer pursuant to this paragraph shall,

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if possible, be to a placement consistent with the

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criteria set forth in the Court’s order of July 2,

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2020, which are as follows: (1) the placement is not

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RJD; (2) the placement is not administrative

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segregation or any other type of punitive housing; (3)

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the placement is not at a higher security level than

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the Witness’s current classifications; (4) the

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placement provides at least equivalent access to

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programming opportunities, including compliance with

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the Coleman Program Guide; (5) the placement is as safe

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in light of COVID-19 risks as possible; (6) if the

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placement is custodial, complete surveillance camera

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coverage is preferable.

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paragraph, Defendants cannot transfer the Witness to a

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placement that meets those criteria, Defendants shall

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take all available efforts to return the Witness to a

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placement consistent with those criteria as soon as

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possible.

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//
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If, pursuant to this

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(4)

Defendants shall facilitate confidential legal calls

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between each Witness and Plaintiffs’ counsel as

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requested by Plaintiffs’ counsel and shall take such

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other steps as are necessary to ensure that each

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Witness is safely housed and is not subjected to

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retaliation for assisting with the enforcement motions

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or participating in these proceedings.

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United States District Court
Northern District of California

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No security shall be required because the Witnesses are
incarcerated and presumably indigent.
This preliminary injunction shall remain in effect for ninety
days of the date of this order.

See 18 U.S.C. § 3626(a)(2).

IT IS SO ORDERED.
Dated:

July 30, 2020
CLAUDIA WILKEN
United States District Judge

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