Armstrong, et al v. Davis, et al
Filing
2193
ORDER DISTRIBUTING AND ENFORCING THE AMENDED COUNTY JAIL ORDER AND PLAN. Signed by Judge Claudia Wilken on 8/28/2012. (ndr, COURT STAFF) (Filed on 8/28/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOHN ARMSTRONG, et al., on behalf
of themselves and as
representatives of the class,
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Plaintiffs,
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United States District Court
For the Northern District of California
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v.
ORDER DISTRIBUTING
AND ENFORCING THE
AMENDED COUNTY
JAIL ORDER AND
PLAN
EDMUND G. BROWN, JR., Governor of
the State of California;
CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION;
MICHAEL MINOR, Acting Director of
the Division of Juvenile Justice;
MATTHEW CATE, Secretary of the
California Department of
Corrections and Rehabilitation;
JENNIFER SHAFFER, the Executive
Officer of the Board of Parole
Hearings; DIANA TOCHE, Acting
Director of the Division of
Correctional Health Care
Services; CHRIS MEYER, Director
of the Division of Facility
Planning, Construction and
Management; KATHLEEN DICKINSON,
Acting Director of Adult
Institutions; and ROBERT
AMBROSELLI, Acting Director of
Division of Adult Parole
Operations,
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No. C 94-2307 CW
Defendants.
________________________________/
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Attached to this Order is the Armstrong v. Brown County Jail
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Plan.
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Disabilities Act (ADA) and the Rehabilitation Act (RA) against the
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California Department of Corrections and Rehabilitation (CDCR) and
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other State defendants, brought by prisoners and parolees with
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mobility, sight, hearing, learning, developmental or kidney
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disabilities that substantially limit one or more of their major
Armstrong is a class action under the Americans with
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life activities.
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as a remedy for violations of the ADA and RA, the Court ordered
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that CDCR develop, disseminate, and implement a plan for
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accommodation of disabled parolees and out-to-court prisoners
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housed in county jails.
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On January 13, 2012 and again on April 11, 2012,
Defendants’ appeal of the April 11, 2012 order is currently
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pending before the Ninth Circuit Court of Appeals.
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take the position that the counties are solely liable for
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providing disabled non-life parolees with accommodations legally
Defendants
United States District Court
For the Northern District of California
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mandated by the ADA and RA and that the State has no joint
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responsibility for this.
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request to stay the April 11, 2012 order during the appeal and has
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ordered that, while their appeal is pending, Defendants are
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required to comply with the County Jail Plan that they developed
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in conjunction with Plaintiffs’ counsel.
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of Appeals has denied a stay of this Court’s April 11, 2012 order.
This Court has denied Defendants’
The Ninth Circuit Court
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Attached to this Order is the County Jail Plan, which
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supersedes the draft plans that were distributed to the counties
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on February 27, 2012 and July 12, 2012.
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The County Jail Plan’s requirements include the following,
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among others:
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(1)
On or before September 1, 2012, CDCR will send an email
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notification to each county’s legal counsel or designee
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identifying each parolee with a disability, including those
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subject to California Penal Code section 3056, being held in that
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county’s jail facilities on that date.
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2012, CDCR will send email notifications once per day to each
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county’s legal counsel or designee identifying each parolee with a
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Beginning on September 1,
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disability booked in that county’s jail facilities over the past
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24 hours.
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CDCR identification number, and last release date from prison.
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The notification must also include a plain-language description of
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each parolee’s last-known disabilities and the accommodations in
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housing or programming the parolee received as of the date he or
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she was released from prison.
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(2)
The notifications must include each parolee’s name,
On or before September 15, 2012, CDCR will send an email
notification to each county’s legal counsel or designee
United States District Court
For the Northern District of California
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identifying each CDCR out-to-court prisoner with a disability
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being held in that county’s facilities on that date.
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September 15, 2012, CDCR will send email notifications once per
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day to each county’s legal counsel or designee identifying each
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CDCR out-to-court prisoner with a disability sent to that county’s
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facilities in the past 24 hours.
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each CDCR out-to-court prisoner’s name and CDCR identification
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number.
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description of the out-to-court prisoner’s last-known disabilities
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and the accommodations in housing or programming the prisoner
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received as of the date he or she was transferred from a prison.
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(3)
Beginning on
The notification will include
The notification will also include a plain-language
Beginning on September 15, 2012, CDCR shall provide CDCR
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grievance forms and stamped envelopes addressed to CDCR to all
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parolees and out-to-court prisoners with disabilities housed in
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county jails.
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the grievance forms to CDCR through the standard mail.
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personnel will encourage parolees and out-to-court prisoners also
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to use the county jail’s grievance process to request disability
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accommodations.
The parolees and out-to-court prisoners can send
CDCR
Whenever CDCR personnel receive a completed
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grievance form from a parolee or out-to-court prisoner in county
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jail, they shall forward the grievance form to the county’s legal
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counsel or designee as soon as possible and no later than three
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business days after receipt.
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within the timeframes set forth in the County Jail Plan and may
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contact counties to request information for a response.
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(4)
CDCR shall respond to the grievances
Beginning no later than September 15, 2012, if CDCR
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personnel become aware that an out-to-court prisoner or parolee
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with a disability faces an urgent or emergency situation (for
United States District Court
For the Northern District of California
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example, if there is an allegation of a condition that is a threat
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to the individual’s health or safety or that would prevent his or
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her participation or effective communication in a parole
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revocation proceeding), CDCR will notify the county’s designee or
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legal counsel immediately.
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CDCR will implement all remaining provisions of the County
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Jail Plan by September 15, 2012.
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limited to, the requirements that CDCR must review and respond to
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grievances it receives from class members, promptly share
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grievances with county officials, review grievances to identify
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patterns of denials of disability accommodations, and investigate
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any such patterns identified.
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This includes, but is not
Any questions about the information received from CDCR may be
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directed to the following email address:
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Armstrongteam@cdcr.ca.gov.
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IT IS SO ORDERED.
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Dated: 8/28/2012
CLAUDIA WILKEN
United States District Judge
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