Oseguenda v. Stanislaus County Public Safety Center, CA, Complaint and Demand for Trial, Due Process, Pretrial Detainees. 2016

Type: Complaints • Aug. 16, 2016 • Locations: United States of America -> California • Topics: Discrimination, Discrimination -> Racial Discrimination, Conditions of Confinement, Conditions of Confinement -> Totality of Conditions, Conditions of Confinement -> Exercise, Prisoner Privileges -> Education, Telephones -> Telephone Access, Mental Health, Constitution, U.S. -> Fourth Amendment, rights, Constitution, U.S. -> Fourteenth Amendment, rights, Constitution, U.S. -> Fifth Amendment, Constitution, U.S. -> Sixth Amendment

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(Rev. 12/12)
12/12)
JS 44
44 (Rev.

Case 1:16-at-00670CIVIL
Document
1 Filed
08/16/16 Page 1 of 21
COVER
SHEET

contained herein
herein neither replace
replace nor
nor supplement
supplement the
The JS 44 civil cover sheet and the information contamed
the filing
filing and
and service
service of
of pleadin11s
pleadings or
orother
otherpapers
papersas
asrequired
requiredby
bylaw,
law, except as
court. This
provided by local rules of court.
This form,
form, approved
approved by
by the
the Judicial
Judicial Conference
Conference of
of the
the United
United States
States in
in September
September 1974,
1974, is required for the use of
of the Clerk of
of Court for the
purpose of
of initiating the civil docket sheet. (SEE INSTRUCTIONS ON
ON NEXT
NEXT PAGE
PAGE OF
OF THIS
THISFORM)
FORM)

I. (a)
(a) PLAINTIFFS
PLAINTIFFS
I.
Armando Osegueda and Robert Palomino
(b) County
Countyof
ofResidence
Residence of
ofFirst
First Listed
Listed Plaintiff
Plaintiff

DEFENDANTS
STANISLAUS COUNTY PUBLIC SAFETY CENTER, STANISLAUS
COUNTY SHERIFF'S OFFICE, ADAM CHRISTIANSON, BILL
DUNCAN, LIEUTENANT GREG CLIFTON.et.
CLIFTON,et. al.
County of
of First Listed Defendant
of Residence of
Stanislaus County

Stanislaus County

(EXCEPT IN
IN U.S. PLAINTIFF CASES)

(IN U.S.
ONLY}
U.S. PLAINTIFF CASES ONL
Y)
NOTE: ININ
LAND
CONDEMNATION
NOTE:
LAND
CONDEMNATIONCASES,
CASES,USE
USETHE
THELOCATION
LOCATION OF
THE TRACT OF LAND !NVOL
VED.
INVOLVED.

Name, Address, and
(C) Attorneys
(c)
Attorneys (Firm Name,
and Telephone Number)

Attorneys (If
(If Known)

Amber Lunsford, CSB 276908
Lunsford Legal Group
1202 H Street, Suite A, Modesto, CA 95354

BASIS OF
(Placean
"X"inOne/JoxOn/y)
II. BASIS
OFJURISDICTION
JURISDICTION (Place
an "X"
in One Box Only)
O
0 IJ

U.S. Government
Plaintiff

M 33 Federal
FederalQuestion
Question
lg
PD1't)I)
(U.S.
(U.S. Government Not a Party)

02
❑
2

U.S. Government
Government
Defendant

04
Diversity
❑
4 Diversity
(Indicate Citizenship of
ofParties in Item Ill}
III)

III.
Ill. CITIZENSHIP
CITIZENSHIPOF
OFPRINCIPAL
PRINCIPAL PARTIES
PARTIES (Place
in One
one Box
Box/or
(Place an
an "X"
"X" in
for Plaintiff
Plaintiff
Cares Only)
and One Box for
(For Diversity Cases
for Defendant)
YfF
DEF
PTF
DEF
PTF DEF
PTF DEF
Citizen of
(I
l!I
Incorporated or Principal Place
0❑ 4
00 4
of This State
X 1 lIncorporated
Sane
X II
of Business In
Jn This State
of
of Another State
Citizen of

0 2
❑

0❑

22 Incorporated
Incorporated and Principal Place
of Business In
of
In Another State

00 5

0❑ 5

Citizen or Subject of
of a
Forei
Foreignn Coun
Country

0 3
❑

0❑

ForeignNation
Nation
3 Foreign

0 6
❑

0❑ 6

IV. NATURE
NATURE OF
OF SUIT
SUIT (Place
"X" in
in One
One Box
Box Onlv)
OnlvJ
IV.
/Place an
on "X"
II

'O N'IRACT
CONTRACT

TORTS

0 110 Insurance
❑
0❑ 120
120Marine
Marine
130Miller
Miller Act
Act
0 130
0 140 Negotiable Instrument
0
0 150
150Recovery
Recoveryof
ofOverpayment
Overpayment
& Enforcement of
&
of Judgment
0 151 Medicare Act
❑
00 152 Recovery of
of Defiwlted
Defaulted
Student Loans
etcnuls)
(Excludes V
Veterans)
0 153 Recovery of
of Overpayment
0
of Veteran's Benefits
of
0 160 Stockholders' Suits
❑
0 190
190Other
OtherContract
Contract
0 195 Contract
Coolnlct.Product
Product Liability
0
00 196 Franchise

REAL PROPERTY
0 210 Land Condemnation
❑
00 220 Foreclosure
0 230 Rent Lease &
& Ejectment
0
0❑ 240 Torts to Land
245Tort
TortProduct
Product Liability
Liability
0 245
0 290 All Other Real Property
0

PERSONAL INJURY
00 310 Airplane
0 315
315Airplane
Airplane Product
Product
Liability
0 320
320Assault,
Assault.Libel
Libel &
&
Slander
0 330 Federal Employen'
❑
Employers'
Liability
O 340
340Marine
0
Marine
0 345
345Marine
Marine Product
Product
Liability
0 350 Motor Vehicle
0
00 355 Motor Vehicle
Product Liability
Other Personal
0 360 Other
Cl
Injury
0 362 Personal Injury 0
Malpractice
Medical Maln""";ce
HTS
CIVIL RIG
RIGHTS
0 440
440 Other Civil Rights
0
00 441
441 Voting
442Employment
Fmployment
0 442
0
0 443 Housing/
Accommodations
0 445 Amer.
Arner. w!Disabilities
Cl
w/Disabilities Employment
0 446
446Amer.
Amer.w/Disabilities
w/Disabilities Other
0 448 Education
❑

V. ORIGIN
ORIGIN (Plocean''X"inOneBoxOn/yJ
(Place an '!X" in One Box Only)
)!(
Original
Removed from
from
0 22Removed
X II Original
Proceeding

State Court

FORFEITURE/PENALTY

PERSONAL INJURY
365Personal
Personal Injury
Injury 0 365
Product Liability
0 367 Health Carel
❑
Care/
Pbannaceutical
Pharmaceutical
Personal Injury
Product
Product Liability
0 368 Asbestos Personal
Penonal
0
Injury Product
Liability
PERSONAL PROPERTY
0 370 Other Fraud
0
00 371 Truth in Lending
0❑ 380 Other Personal
Property Damage
00 385 Property Damage
Product Liability
PRISONE
R PETITIONS
PRISONER
PETITIONS
H1b
... Corpus:
Habeas
0 463 Alien Detainee
❑
0 510 Motions to Vacate
0
Sentence
530General
Gcocral
0 530
0 535
53 5 Dealh
Cl
Death Penalty
Other:
0
540
Mandamus &
Cl
& Other
M 550
550Civil
Civil Rights
Rights
X
555Prison
PrisonCondition
Condition
0 555
0 560
560Civil
CivilDetainee
Detainee Conditions of
of
Conftnement
Confinement

00 3 3Remanded
Remandedfrom
from

0❑ 625 Drug Related Seizure
ofProperty 21 USC 881
of
0❑ 6900ther
690 Other

...

BANaw
II"
BANKRUPTCY

OTH•w
OTHER STATUTES

0❑ 422 Appeal 28 USC 158
0 423 Withdrawal
❑
28 USC 157

PROPERTY RIGHTS
0 820 Copyrights
❑
0❑ 830
830Pa1ent
Patent
Tnidemadc
0❑ 840 Trademark
.&

I Aw:1 ·u 1
LABOR
0❑ 710
7 10 Fair Labor Standards
Act
0❑ 720 Labor/Management
Relations
0❑ 740 Railway Labor Act
0❑ 751 Family and Medical
Leave Act
0
0 790 Other Labor Litigation
00 791 Employee Retimmeut
Retirement
Income Security Act

H H - 11

""1•1 · IAJ
SOCIAL
SECURITY
0❑ 861
861 HIA (1395ff)
0 862
862Black
Black Lung
Lung (923)
0 863 DIWC/DIWW (405(g))
❑
0 864 SSID Title XVI
❑
0❑ 865 RSI (405(g))

FEDERAL TAX
TAX SUITS
SLITS
O 870 Taxes (U.S. Plaintiff
0
Plaintiff
or Defendant)
0 871
871 IRS-Third
IRS—Third Party
❑
26 use
USC 7609

Claims Act
Act
0 375
375False
FalseClaims
0❑ 400 State Reapportionment
0❑ 410 Antitrust
0❑ 430 Banks and Banking
0 450
450Commerce
Commerce
0❑ 460 Deporlation
Deportation
0 470 Racketeer Jniluenced
Influenced and
❑
Corrupt Organizations
0❑ 480 Consumer Credit
0❑ 490 Cable/Sat TV
00 850 SecuritiesiCommodities/
Securities/Commodities/
Exchange
890Other
OtherStatutory
Statutory Actions
Actions
00 890
00 891 Agricultural Acts
0❑ 893 Environmental Matters
of Information
00 895 Freedom of
Act
0 896 Arbitration
❑
0 899
899Administrative
Administrative Procedure
Procedun:
Act/Review or Appeal of
of
Agency Decision
0 950
950Constitutionality
Constitutionality of
of
State Statutes

IMMIG RATION
IMMIGRATION
0❑ 462 Naturalization Application
00 465 Other Immigration
Actions

0 44 Reinstated
Reinstated oror 00 5 5Transferred
Transferred from
Multidistrict
from 006 6Multidistrict

Appellate Court

Reopened

Another District
(s ecify)
(specifi)

Litigation

Cite the U.S. Civil Statute under which you are filing (Do nDt
du jurisdictional
diwrs/ty}:
not cite
jurisdictional statute•
statutes unless diversity):

VI.
ACTION Brief
VI. CAUSE
CAUSE OF
OF ACTION
Brief description
description of
of cause:
cause:

VII. REQUESTED
REQUESTED IN
VII.
0 CHECK IF TIIlS
THIS rs
IN
IS A
A CLASS
0
CLASS ACTION
ACTION
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII.
RELATED CASE(S)
CASE(S)
VIII. RELATED
(See instructions):
IF ANY
IF
JUDGE
DATE

SIGN UR OF -A-TTOR

DEMANDS
DEMAND S

CHECK YES only if
if demanded in complaint:

JURY DEMAND:
)12 Yes
No
JURY
Yes 00 No
DEMAND: )4

DOCKET NUMBER
OF RECO '

08/16/2016
FOR OFFICE USE
USE ONLY
RECEIPT#
RECEIPT #

AMOUNT

APPLYING IFP

WOOE
JUDGE

MAG.WOGE
MAG. JUDGE

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 2 of 21

AMBER LUNSFORD, CSB No. 276908
LUNSFORD LEGAL
LEGAL GROUP, P.C.
LUNSFORD
1202 H
H Street, Suite A
Modesto,
CA 95354
95354
Modesto, CA
Telephone:
(209) 857-8608
857-8608
Telephone: (209)

3
4

Attorneys for
for Plaintiff
ARMANDO
ARMANDO OSEGUEDA

ROBERT
ROBERT PALOMINO
PALOMINO

6
7

UNITED STATES DISTRICT COURT
EASTERN DISTRICT
DISTRICT OF
OF CALIFORNIA
CALIFORNIA

8
9

ARMANDO OSEGUEDA
OSEGUEDA and
and
ROBERT
ROBERT PALOMINO
PALOMINO

)

11
Plaintiff,

12
13
14
15
16
17
18
19
20
21

v.
STANISLAUS COUNTY PUBLIC
SAFETY CENTER, STANISLAUS
COUNTY SHERIFF'S OFFICE, ADAM
CHRISTIANSON, Stanislaus County
Sheriff, BILL DUNCAN, Captain of
Adult Detention, LIEUTENANT GREG
CLIFTON, Unit 1 and Unit 2
Commander, LIEUTENANT RONALD
LLOYD, Commander of
of Bureau
Administrative Services, SARGEANT
STEVEN VERVER, JAMES SHELTON,
SHELTON,
STANISLAUS COUNTY BOARD OF
SUPERVISORS, BIRGIT FLADAGER,
Stanislaus County District Attorney

)
)
)
)
)
)
)
)
)
)

Case No.
Amendment, Due
Due Process;
(Fourteenth Amendment,
Excessive Force; Battery; Section 1983 Civil
Rights)

DEMAND
DEMANDFOR
FORJURY
JURY TRIAL

Defendant.

23
24
25
26

///
l//

///
Ill

-1AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL COMPLAINT
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 3 of 21

I. INTRODUCTION

2
3
4
5

Facts Relating
Facts
Relating to
to Armando
Armando Osegueda
Osegueda and
and Those
Those Pre-trial
Pre-trialdetainees
detainees Housed
Housed in

Unit B of the Public Safety Center
1.
1.

Plaintiff
sues
ononhis
PlaintiffArmando
ArmandoOsegueda
Osegueda
sues
hisown
ownbehalf
behalfand
and as
as a

representative
the Stanislaus
Stanislaus
representative of
of those
those similarly
similarly situated
situated who
who have
have been
been housed
housed in the

Safety Center")
Center") maximum security unit, also
County Public Safety Center's ("Public Safety

known
as Unit
UnitBB or
or B-Max
B-Max ("B-Max") without
without meaningful
meaningful review
review of his placement.
known as

2.
2.

Plaintiff has been isolated at PSC's
PSC' s B-Max
B-Maxunit
unit for
for more
more than
than three years;

3.
3.

Plaintiff
those similarly
similarly situated
pre-trial
Plaintiff Armando
Armando Osegueda
Osegueda and
and those
situated are pre-trial

detainees. Mr.
Mr. Osegueda
Osegueda and
and others
others similarly
similarly situated are housed at
at the
the Stanislaus
Stanislaus
detainees.

Public Safety
County Public
Safety Center
Center simply
simply because
because they
they cannot
cannot post
post bail,
bail, or
or are awaiting

trial without bail;

4.
4.

Mr. Osegueda
Osegueda and
those similarly
Mr.
and those
similarly situated
situated are
are pre-trial
pre-trial detainees.
detainees. As

such, they are
are presumed
presumed innocent,
innocent, yet they
they suffer
suffer harsher
harsher conditions
conditions and greater
greater
such,

deprivations than those
those imposed
imposed on
on prisoners
prisoners incarcerated
incarcerated through
through the
the California
California
deprivations

Department of
of Corrections;
Department

5.
5.

There are currently
currently 15
15 pretrial
pretrial detainees
detainees housed
"B-Max" who
There
housed in "B-Max"
who are

classified as
classified
as active
active Norteii.o
NorterioNorthern
Northern Hispanic
Hispanic gang
gang members.
members. These detainees have

segregation for periods ranging between five months to seven years.
been housed in segregation

Half of these pretrial detainees have been housed in segregation without meaningful

review for more than three years.

23
24

25
26
27

6.
6.

There are currently pretrial detainees who have been housed
housed in
in "B-Max"
"B-Max"

for more than ten years while awaiting trial.
7.
7.

Administrative
Stanislaus County
County jail
jail
Administrative segregation
segregationisis overused
overused in
in the Stanislaus

system;
8.
8.

The
majority of
pretrial detainees
detainees who
housed in
m administrative
administrative
The majority
of pretrial
who are housed

-2OVIL COMPLAINT
AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 4 of 21

1
2

there for non-disciplinary reasons;
segregation are housed
housed there
9.
9.

Assignment
B-Max unit
Assignment to
to the
the B-Max
unit isis often
often made
made based
based on
on charges
charges that the

allegations that have been
been charged,
charged, but
but not
not proven, that
facing and allegations
pretrial detainee is facing

the person
Nortefio, or Northern Hispanic Gang Member;
person is a Norterio,

10. Pretrial
detainees who
assigned to
to administrative
administrative segregation
segregation in BB10.
Pretrial detainees
who are assigned

Max are often kept in B-Max
B-Max for
for indeterminate
indeterminate lengths
lengths after
after their
their disciplinary periods

are served.

8
9

11. Mr.
care and custody
custody of
of the
the Stanislaus
Stanislaus
11.
Mr. Osegueda
Osegueda was
was placed
placed into
into the care

County
County Sheriff's
Sheriff's Department
Departmenton
onMarch
March12,
12, 2012.
2012.

12. Pretrial
Mr. Osegueda
Osegueda awaiting
awaiting trial suffer
suffer years of
of
12.
Pretrial detainees
detainees such
such as
as Mr.

confinement in
the Public
Public Safety
Safety Center
Center Administrative
Administrative Segregation
Segregation Unit
for
confinement
in the
Unit for

indeterminate lengths;

13. Plaintiff
in BB13.
Plaintiff Armando
Armando Osegueda
Osegueda isis 34
34 years
years old
old and
and has been housed in

Max since October 17, 2012,
2012,aaperiod
period of
of nearly
nearly four years.

14. Mr.
not receive
receive a classification
classification review
Mr. Osegueda did not
review for
for more
more than three
14.

years, while housed in
in B-Max,
B-Max, in violation of the Sheriff's
Sheriff's Department
Department written policy

that states all detainees
detainees will be granted
granted aa classification
classification review every 3 months.

15.
15. Mr. Osegueda was granted
granted aa classification
classification review
review on
on or
or about
aboutMay
May 2016;
2016;

16. Mr.
Osegueda was
was granted
granted aagreen-and-white
green-and-white jumpsuit,
jumpsuit, denoting
denoting
16.
Mr. Osegueda

administrative segregation
white jumpsuit
jumpsuit (which
(which denotes
denotes
administrative
segregationrather
rather than
than the
the red
red and white

maximum security) that he
he has
has been
beenwearing
wearingsince
sincehis
hisincarceration
incarcerationon
onJune
June26,
26, 2016
2016

but he has been denied movement to a less restrictive
restrictive housing
housingunit.
unit. The result is that

he wears
wears different
different clothing
clothing but
still subject
subject to all
all restrictions
restrictions and denials
denials of
of
but is still

programs and equal
equal protection that
that he suffered previously;

17. Stanislaus
Stanislaus County's
segregation in
B-Max unit
17.
County's harsh
harsh regime
regime of
of segregation
in the B-Max
unit is

inhumane and debilitating. Plaintiffs
Plaintiffs and
and class
class members
members are isolated in a cramped,
cramped,

concrete
The cells are
concrete cell
cell for
for 38
38 to
to 80
80continuous
continuoushours
hours at
at aa time
time with
with one cellmate.
cellmate. The

-3AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL COMPLAINT
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 5 of 21

approximately 6.5
6.5 xx 12'.
Plaintiffs are afforded a bunk
bunk bed,
bed, aa combination
combination toilet-sink
toilet-sink
12'. Plaintiffs

unit, a desk, a stool, and a fluorescent light in the ceiling.
ceiling.

18. Plaintiff(s)
Plaintiff(s) are
limited access
access to
telephone calls
calls to
18.
are permitted
permitted only
only very
very limited
to telephone

family (phones
periods only,)
only,) contact visits with
counsel or family
(phones are available
available during yard periods

counsel, adequate
recreational time or "yard
"yard privileges,"
privileges," rehabilitative,
rehabilitative, vocational,
vocational,
counsel,
adequate recreational

recreational,
or educational
educational programming.
programming. Plaintiffs
are permitted three showers per
Plaintiffs are
recreational, or

hours' "yard
"yardtime"
time"per
perweek,
week,which
whichisisaccess
access to
to an
an empty
empty concrete
concrete cell
cell
week and three hours'

with telephone
telephone and
television. There
There is
is no
no access
access to
to the
the outside,
outside, no
no physical
physical
with
and television.

equipment, and no recreational equipment.

19.
19. Detainees
Detainees receive
yard/recreation
week.
receivethree
three hours
hours of yard
/recreation time
time per week.

Scheduled
yard times
times for
for the bottom
bottom tier
tier are
are Mondays,
Mondays, Thursdays,
Thursdays, and
and Saturdays.
Saturdays.
Scheduled yard

The
on Tuesdays,
Tuesdays, Fridays,
Fridays, and
and Sundays.
Sundays. Wednesdays
Wednesdays are
The top tier is afforded
afforded yard on

designated
designated as "down days" for cleaning
cleaning of
of the
the unit.
unit. Morning
Morning and evening yard are

alternated.

20.
pretrial detainees
detainees housed
housed in
in B-Max
B-Max are
are
20. The
The "recreational
"recreational yard"
yard" that pretrial

afforded
concrete cell.
cell. There is a window approximately
approximately twenty feet
feet
afforded is an enclosed concrete

in the
the cell
cell that
that is
is covered
covered with aa screen
screen or wired
wired mesh
mesh that
that does
does not
not allow
allow for
for
up in

unobstructed
sunlightand
and fresh
fresh air.
air. The
unobstructed sunlight
The "yard"
"yard" as
as constituted,
constituted, does
does not
not afford
afford

pretrial detainees with an outdoor environment.

20
21

21.
21. Pretrial
Pretrial detainees
housed in B-Max
B-Max are
exposed to
the
detainees who
who are
are housed
are only
only exposed
to the
outside during
during their
their walks to and from transportation taking them to the courthouse;

22.
22. The
The amount of time detainees
detainees are confined
confined to
to their
their cells
cells depends
depends on the

yard schedule. AAdetainee
detaineecould
couldbe
beconfined
confined to
to his
his cell
cell for
for periods
periods of
of 38
38 hours or
or 56
56

month aa detainee
detainee is
is confined
confined to
to his cell for 60
hours, twice a month
60 hours,
hours, and
and twice a month,

he is confined for 80 hours
hours at a time.

23.
call their attorneys, investigators,
23. Detainees may only access telephones to call

friends,
or family
during yard
yard times.
friends, or
family during
times. The
The yard
yard schedule
schedule and
and telephone
telephone restriction
restriction

-4AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL COMPLAINT
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 6 of 21

limits pretrial detainees housed in
to only
only four
four telephone
telephone calls
calls during normal
in B-Max
B-Max to

business hours per month,
month, thereby
thereby interfering with their ability
ability to participate in their

own defense and
and denying
denyingthem
themthe
theeffective
effective assistance
assistance of counsel.

24.
24. One hour of
of yard
yard/I recreational
recreational time
afford pretrial
pretrial detainees
detainees
time does
does not afford

meaningful time
opportunities to consult
consult with
with counsel,
counsel, contact
contact friends
friends and
and
meaningful
time and
and opportunities

family,
family, and/
and / or
or enjoy
enjoy the
the only
only opportunity
opportunity to exercise outside of their cell;

25. Detainees
Detainees who
disciplinary action
action are refused yard access
access
25.
who are placed on disciplinary

and have no access
their attorney.
attorney. The
access to telephones with which to contact their
The decision to

place someone on disciplinary restriction is
is made through a cursory in-house
in-house review,

during which time,
time, the detainee
detainee is not afforded
afforded any
any counsel
counsel or meaningful
meaningful way to

respond.
who has
hasbeen
beenaccused
accused of
of aa disciplinary
disciplinary
respond. As
As aaresult,
result, aapretrial
pretrialdetainee
detainee who

infraction is denied the assistance of
of counsel
counsel during
during the
the period
period of his
his punishment.
punishment.

26.
26. Pretrial detainees who are either
either housed
housed in
inB-Max
B-Max or classified
classified as active
active

Nortenos
Nortenos or Northern
Northern Hispanics
Hispanics are
are afforded
afforded nonorehabilitative,
rehabilitative, recreational,
recreational,

vocational,
educational programs;
vocational, or educational

27.
27. Defendants persistently,
indifference, deny
persistently, with deliberate indifference,
deny these men not

conditions necessary
necessary for
and physical
physical well-being,
well-being, but
the normal conditions
for a person's mental and

also any meaningful
meaningful way
address the
the conditions
conditions of their
their confinement.
confinement. These
These
also
way to address

tormenting and prolonged
prolonged conditions
conditions of confinement
confinement have
harmful and
tormenting
have produced
produced harmful

predictable psychological deterioration among Plaintiff and class members.

28.
28. Pretrial detainees housed
housed in
in B-Max
B-Max have
have limited
limited access
access to
to face-to-face
face-to-face or

only one
one room
room used
used for
for attorney-client
attorney-client meetings
"contact" attorney visits as there is only

that room
room is
is shared
shared with
with medical
medical staff.
staff. That
That room
room is
is adjacent
adjacent to
to aa staff
staff bathroom
and that

that shares a vent. The
Theacoustics
acoustics are
are such
such that
thatcorrectional
correctional officers
officers making use of the

staff bathroom are able to hear conversations in the counsel room clearly.

29. Pretrial detainees are handcuffed in a lock box,
29.
box, shackled
shackled at
at the waist and

The shackling is very
ankles, and secured by a bolt on the floor
floor during attorney visits.
visits. The

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restrictive, the
skin, leaving
leaving cuts
abrasions in their
their wake.
wake.
restrictive,
the cuffs
cuffs cut
cut into
into the
the skin,
cuts and abrasions

Detainees have complained of tingling and possible decreased use of their hands after

prolonged use
use of
of the
the lock
lock boxes;
prolonged

30. The
use of
of the
the lock
lock box,
box, handcuffs,
handcuffs, and waist
waist chain
chain prevent
prevent pretrial
pretrial
The use

detainees from
lawyer during
during legal
legal visits,
visits, from
from drawing
drawing
detainees
from writing
writing notes
notes for
for their lawyer

diagrams for their attorneys during legal
legal visits, or even taking notes where attorney

client may
may be
be discussing
discussing complex
complex legal
impact on their
their
and client
legal issues
issues that
that have
have an
an impact

criminal case;

B. Facts
FactsRelating
RelatingtotoRobert
RobertPalomino
Palominoand
andthose
thoseclassified
classifiedasas"active
"activeNorterio"
Nortefto" or
B.

"active Northern Hispanics"
Hispanics"

10
11

31. Plaintiff
PlaintiffRobert
Robert Palomino
Palomino sues on his own behalf and as
as aa representative
representative
31.

in the
the Stanislaus
Stanislaus County Men's
Men's Jail
of those similarly situated who have been housed in

Jail") in "active Nortetio
Nortefto tanks" ("tanks")
( tanks") or classified as active Nortetio
Nortefto or
("Men's Jail")

without meaningful
meaningful review
review of his placement.
active Northern Hispanics without

32. Robert
Robert Palomino
Palomino is
is aa 47
47 year-old
year-old male
male who has
has been
been in
in custody
custody since
since
32.

15
16

March 2012,
2012, aaperiod
period of
of more
more than
than four years.

33.
33. Upon
Upon booking,
booking, detainees
detainees are asked
asked whether
whether they
they are an
an "active
active gang
gang

Theyare
are not
not given
given the
the option
option to
to state that they are neither.
member" or a "drop-out." They

34. Upon
Upon booking,
booking, those
those pretrial
pretrial detainees
detainees who
who are
are classified
classified as
as Active
Active
34.
19
NorthernHispanic
Hispanic are
are issued
issued aagreen
green and
andwhite
white jumpsuit
jumpsuit which,
which, in
NorteftoororNorthern
20
20 Nortetio
StanislausCounty,
County, denotes
denotes Administrative
Administrative Segregation.
into
21
Segregation. They
They are
are then
then put into
21 Stanislaus
active tanks."
"active
11

22
23
24

35. Robert
RobertPalomino
Palomino was
was previously
previously housed
housed in
in the
thePublic
Public Safety
Safety Center
Center BB35.

Max Unit.

36. After
After three
three and
and aahalf
halfyears,
years,Robert
Robert Palomino
Palomino was
was downgraded
downgraded and
and
36.
25
placedinto
intoanan
activetank
tankatatthe
theStanislaus
StanislausCounty
County Men's
Men's Jail
Jail ("Men's Jail")
Jail") on or
26
active
26 placed

27
28

about May
May 2016.
2016.
about

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37. Each "tank" at
at the
the Men's
Men's jail
jail houses
houses 12 men.
37.

measures 25'
25' by 20'. There
There is
is aa total
total of
of 12
12 beds, comprised of 6
38. The "tank" measures
38.

bunk beds
beds in each
each "tank."
"tank." The
The tank
tank isis equipped
equipped with
with two
two toilets
toilets and
and sinks
sinks (1
(1
bunk

combination toilet/sink
toilet /sink unit and one stand-alone toilet and sink.)

5
6
7

8
9

gate that runs
runs through
through the
the middle
middle of it,
it,
39. The
39.
The tanks
tanks are
are divided
divided by
by aa gate
dividing the
the sleeping
sleeping quarters
quarters from
from the
the day
day area
area by
by floor-to-ceiling
floor-to-ceiling bars.
dividing
equipped with
with two
two large
large picnic-style
picnic-style tables
tables and
and one
one
40. Each
40.
Each tank
tank is equipped
telephone.
41. The tanks at the Men's Jail
41.
Jail house
house both
both pre-trial
pre-trial detainees
detainees and
and persons who

are convicted of misdemeanors and/
and or those who are serving sentences in county jail

pursuant
toAB
AB 109.
109.
pursuant to

Men's jail
jail are
are offered
offered
42. Pre-trial
42.
Pre-trial detainees
detainees housed
housed in
in active
active tanks
tanks at the Men's

privileges outside,
outside, constrained
constrained inside aa series
series of
of cages
cages without
without recreational
recreational
"yard" privileges

equipment, for three
three hours, one
one day
day aa week. IfIfaa detainee
detainee is
is in
in court,
court, in
in aa legal
legal visit, or

in a personal
personal visit when their yard time is called,
called, they
they are
are not
not afforded
afforded yard
yard at
at an

rriust wait until the next week to be afforded yard privileges.
alternate time so they must

43. All
classified as active
active Nortefios
43.
All persons who are classified
Nortetios or
or Northern Hispanics

are denied
denied access
access to
to rehabilitative
rehabilitative programs,
programs, such
such as
as Alcoholics
Alcoholics or
or Narcotics
Narcotics
are

Anonymous, anger management classes,
classes, or parenting classes;
classes; they are denied access
access

as G.E.D.
G.E.D. programs,
programs, are denied
denied access
access to
to vocational
vocational
to educational programs, such as

programs,
are, if
if convicted,
convicted, denied access
access to the Alternative
Alternative Work Program or
programs, and are,

Ankle Monitor Programs that
that are available to all others.

23
24
25

II. JURISDICTION
JURISDICTION AND
AND VENUE

44. Plaintiff
claims pursuant
pursuant to
to42
42U.S.C.
U.S.C. §1983,
§1983, the Fourth,
44.
Plaintiff and class bring claims
Fifth, Sixth,
Fifth,
Sixth,and
and Fourteenth
Fourteenth Amendments
Amendments to the United States Constitution.

jurisdiction over claims
claims seeking declaratory or injunctive
injunctive
45.
45. This
This Court has jurisdiction

to 28
28 U.S.C.
U.S.C. §§1331
§§1331 and
relief
relief pursuant
pursuant to
and 1343
1343 and
and the Declaratory Judgment Act, 28

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u.s.c. §§2201, 2202.
U.S.C.

properininthe
theEastern
EasternDistrict
Districtof
ofCalifornia
California pursuant
pursuanttoto28
28U.S.C.
U.S.C.
46. Venue
Venueisisproper
46.

omissions giving
§1391(b)(2) ininthat
§1391(b)(2)
thataa substantial
substantialpart
part of
of the
the events
events or omissions
giving rise
rise to
to the

claims brought by Plaintiff and the class have occurred in this district.
III. PARTIES

Plaintiffs
C. Plaintiffs
C.

47.
47. Plaintiff
Plaintiff Armando
Armando Osegueda
Osegueda isis aa 34
34 year-old
year-old pretrial
pretrial detainee
detainee who
who has

four years
years housed
housed in
in the
the Public
Public Safety
Safety Center
Center B-Max
B-Max Unit,
spent nearly four
Unit, due
due to his

classification as
classification
asaa member
memberof
ofaacriminal
criminalstreet
streetgang,
gang,totowit,
wit,Nortefto.
Nortetio. He
He has
has had no

detention began
began in
in 2012.
2012.
significant rule violations since his detention

48.
48. Plaintiff Robert
Robert Palomino
Palomino is
is aa 47
47year
yearold
oldpre-trial
pre-trial detainee,
detainee, who
who has
has spent

more than three
three years
years in
in the
thePublic
PublicSafety
Safety Center
Center B-Max
B-Max unit, due to
to his
his classification
classification

as a member of a criminal
criminal street
street gang,
gang, to
to wit
wit Nortefto.
Nortetio. He has had no significant rule

violations since his detention
detention began
beganin
in2013.
2013.

49.
or about
about May
May 2016,
2016, Mr.
Mr. Palomino
Palomino was
green and white
white
49. In or
was given
given aa green

jumpsuit,
administrative segregation,
the red-and-white
red-and-white
jumpsuit, denoting
denoting administrative
segregation, (as
(as opposed
opposed to
to the

jumpsuit
B-Max and
jumpsuit denoting
denoting maximum
maximum security
security that
that he
he wore
wore in B-Max
and re-housed
re-housed in
in an

Men's Jail.
active Nortefto
Nortetio tank at the Men's

D. Defendants
Defendants
D.

50. Defendant Adam Christianson is the elected Stanislaus County
50.
County Sheriff.
Sheriff. As

such, he has caused, created, authorized, condoned, ratified,
ratified, approved, or knowingly

illegal, unconstitutional, and inhumane
inhumane conditions,
conditions, actions,
actions, policies,
policies,
acquiesced in the illegal,

customs, and practices that prevail at
at the
the Public
Public Safety
Safety Center, as described
described below.
customs,

He has, therefore, directly and proximately caused,
caused, and will continue to cause in the

future, the injuries and violations of rights
rights set
set forth
forth below.
below. Defendant Christianson is

sued in
in his
his official
official capacity only.
sued

27
28

51. Defendant Stanislaus
51.
Stanislaus
Stanislaus County
County is
is aware of the conditions at the Stanislaus
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County detention
detention facilities.
facilities.

52.
52. Defendant
Defendant Birgit
Birgit Fladager,
Stanislaus County,
Fladager, District
District Attorney
Attorney for
for Stanislaus
County, has

conspiracy with Sheriff
Sheriff Christianson
participated in aa conspiracy
Christianson to
to house
house people in inhumane

to encourage
encourage pretrial detainees
detainees to debrief
debrief or accept
accept
and extreme conditions in order to

plea deals.

IV.FACTUAL
IV.
FACTUAL ALLEGATIONS

V. CLAIMS FOR RELIEF

First Cause
Cause of
of Action:
Action: Fourteenth
Fourteenth Amendment
Amendment

(Unconstitutional conditions of confinement)

53.
incorporate by
by reference
reference each
each and
and every allegation contained in
53. Plaintiffs
Plaintiffs incorporate

12
13

the preceding paragraphs
paragraphs as
as if
if set forth fully herein.
54.
54. Plaintiffs
Plaintiffs advance
advance this
this claim
claim on
on their
their own
own behalf,
behalf, and
and on behalf
behalf of the
Fourteenth Amendment
Amendment subclass, against all defendants.

55. By their
55.
their policies
policies and
and practices
practices described
described herein,
herein, defendants
defendants have
have deprived

continue to
to deprive
deprive plaintiffs,
plaintiffs, and those
those similarly
similarly situated,
situated, of the
the minimal
minimal
and continue

civilized measure of life's
life's necessities,
necessities,and
and have
have violated
violated their
their basic
basic human
human dignity and

their right
right to be
be free
free from
from cruel
cruel and
and unusual
unusual punishment
punishment under
under the
the Fifth
Fifth and
and
their

United States
States Constitution for each of the reasons set
Fourteenth Amendments to the United

forth below.

A. Deprivation
Deprivationof
ofBasic
Basic Human
Human Need

56.
56. First,
First, the cumulative
cumulative effect
effect of extremely
extremely prolonged
prolonged confinement,
confinement, along

with denial of the opportunity to downgraded,
downgraded, the denial of the opportunity to be

housed with other
other pretrial
pretrial detainees,
detainees, the
the deprivation
deprivation of
of educational,
educational, rehabilitative,
rehabilitative, or

vocational
vocational programs,
programs, the
the deprivation
deprivation of
of good
good medical
medical care,
care, and
and other
other crushing
crushing

conditions of confinement
Stanislaus County
County B-Max
B-MaxUnit,
Unit,constitute
constitute a serious
confinement in the Stanislaus

deprivation of
least one
one basic
basic human
human need,
need, including
including but
not limited
limited to
to
deprivation
of at
at least
but not

environmental and
and sensory
sensory stimulation,
stimulation, mental
mental and
and physical
physical health,
health, physical
physical exercise,
exercise,

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1
2

meaningful activity.
sleep, and meaningful
B. Imposition
Imposition of Serious
Serious Psychological
Psychological and
and Physical
Physical Injury,
Injury, Pain,
Pain, and
and
B.

Suffering

3
4

57. Second,
Second, extremely
these deprivations
deprivations of basic
basic
57.
extremely prolonged
prolonged exposure
exposure to
to these

pain and suffering
human needs is
is currently
currently imposing
imposing serious
serious psychological
psychological pain
suffering and

permanent
class they
they
permanent psychological
psychologicaland
andphysical
physicalinjury
injuryon
on Plaintiffs
Plaintiffsand
and the
the class

represent.

addition to
to Plaintiffs'
Plaintiffs' current
current psychological
psychological and
physical pain,
58. In addition
58.
and physical
pain, the

likelihood that
that Plaintiffs
Plaintiffs and
and the
the class
class will remain
remain in
in B-Max
B-Max or
or be
be arbitrarily
arbitrarily re-housed

there for the foreseeable
foreseeable future
subjects plaintiffs
future subjects
plaintiffsand
and the
the class
class they
they represent
represent to a

significant risk of future
future debilitating
debilitating and permanent mental illness and physical harm.

Designedto
to Coerce
Coerce Plaintiffs
Plaintiffs to
to Provide
Provide Information
B-Max Confinement Designed
C. B-Max

or Accept Pleas

harsh policies
policies are not legitimately related to security or
59. Third, Defendants' harsh
59.

penological needs
isolating alleged
from others,
others, but
other penological
needs of isolating
alleged dangerous
dangerous prisoners
prisoners from

rather are designed
designed to
to coerce
coerce Plaintiffs to debrief and become informants
informants for
for the
the State,
State,

and//or
or to accept
accept plea offers
offers made by the District Attorney.
This policy
policy of holding
and
Attorney. This

Plaintiffs
meaningful
Plaintiffs and
and class
class members
members in
in prolonged harsh conditions without any meaningful

downgrade without
without debriefing
debriefing or
or simply
simply accepting
accepting a
information
information on how they may downgrade

plea so they may be transferred to a state prison is,
is, as
as one
one court
court puts
puts it,
it, "tantamount

to indefinite administrative segregation for silence -- an intolerable practice in modem
modern

society." Griffin,
Griffin, No. C-98-21038
C-98-21038 atat11.
cruel and unusual
unusual punishment
punishment for
for
society."
11. It
It is cruel

coerce detainees
defendants to coerce
detainees to
to provide
provide information
information on
on other
other detainees
detainees -- if indeed

they
have any such
such information
information -- by
by maintaining
maintaining them in
in stifling
stifling and
and punitive
punitive
they have

conditions
constitute an atypical
atypical and significant
significant hardship,
hardship, comparable
comparable to
conditions that
that constitute
to the

conditions of "Supermax" prisons, unless they so inform.

60. Detainees
serious harm
harm and
and
Detaineeswho
who debrief
debrief incur
incur substantial
substantialrisk
risk of
of serious
60.

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retaliation
to themselves
and their
their families.
families. The
The combination
combination of the
the crushing
crushing
retaliation to
themselves and

B-Max, the
conditions in B-Max,
the policies
policies designed
designed to
to coerce
coerce detainees
detainees to
to debrief
debrief or plea,
plea, the

effective means of obtaining
obtaining release
release from
from B-Max
B-Max without debriefing or
lack of any effective
lack

pleading, and the substantial risk
debrief, puts prisoners
prisoners in an
pleading,
risk of harm if one does debrief,

constitutes an unconstitutional threat
threat to
to the
the safety
safety of detainees
untenable position and constitutes

B-Max in
United States
States
confined in B-Max
confined
in violation
violation of
of the
the Fourteenth
Fourteenth Amendment
Amendment to
to the United

Constitu tion.
Constitution.

61.
61. Plaintiffs
Plaintiffsare
areinformed
informedand
andbelieve
believe that
that pretrial
pretrial detainees
detainees who
who accept
accept plea

bargains
are downgraded from
bargains offered
offered by the District
District Attorney's
Attorney's Office
Office are
from maximum
maximum
9
10
placed
less
securityand
and
placedinin
lessrestrictive
restrictivehousing
housingwhile
while they
they await
await transport
transport from
from the
10 security
11

county to California Department
Department of Corrections.

D. Disproportionate
Disproportionate Punishment

62.
62. Fourth,
Fourth,Defendants'
Defendants' policy
policy of
of indefinite
indefinite and
and prolonged
prolonged placement
placement in
in BB-

imposes disproportionate
disproportionate punishment on plaintiffs and class members.
members. Plaintiffs
14 Max imposes
and
class
membershave
havenot
notbeen
beenconvicted
convictedofofthe
theoffenses
offenses they
they are
are charged
charged with.
with.
15
class
members
15 and
Unit are
are not
not there
there for
for conduct,
conduct, but
but rather
B-Max Unit
16 The majority of persons housed in the B-Max
housed
there
simply
becausethey
theyare
areclassified
classifiedasasNorthern
NorthernHispanics,
Hispanics, active
active
17
housed
there
simply
because
17 areare
18

gang members, or some
some other unknown reason.
reason. Placement
Placement is
is entirely capricious and

arbitrary.

63. Defendants
Defendantshave
haveno
nolegitimate
legitimatepenological
penological interest
interest in retaining
retaining detainees
63.

those found
found in
in B-Max,
B-Max, simply because
21 indefinitely in debilitating conditions such as those
22
areare
gang
members
oror
associates,
they
gang
members
associates,without
withoutrecent,
recent,serious
serious disciplinary
disciplinary or
or ganggang22 they

related
infractions. Nor
related infractions.
Nor isis this
this policy
policy rationally
rationally related
related to
to legitimate
legitimate security
security needs.

Defendants' history of
psychologicaland
and physical
physical harm
harm and the
of inflicting
inflicting significant
significant psychological

these pre-trial detainees simply for allegedly being
risk of future debilitating harm on these

gang members or
or associates
associates offends civilized society's sense of decency, constitutes an

intolerable
practice in
in modem
modem society,
and is a disproportionate punishment which
intolerable practice
society, and

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3

violates the fifth
fifth and
and Fourteenth Amendments.

E.
E. Deprivation of Human Dignity
Dignity in
in Violation
Violationof
ofContemporary
Contemporary Standards
Standards
of Human Decency

Finally,
Finally, Defendants' continuation of Plaintiffs'
Plaintiffs' confinement
confinement for
for years
years under
under the

debilitating and extreme
extreme conditions
conditions existing at the
the Safety
Safety Center
Center B-Max
B-Max Unit
debilitating
Unit strips

human
human beings
beings of their
their basic
basic dignity
dignity and
and humanity
humanity in
in violation
violation of
of contemporary
contemporary

of human
human decency
decency and constitutes cruel and unusual treatment prohibited
standards of

by the Fourteenth Amendment
Amendment to
to the
the United States Constitution.

That Stanislaus County's policies and
and practices
practices violate
violate contemporary
contemporary standards
standards

of human dignity
dignity and
and decency
decency is evidenced
evidenced by
fact that
that those
those practices
practices are
are
by the fact

unusual
in comparison
comparison to
to the
the practices
practices and
and policies
policies of other counties within the State
unusual in

of California
California with
with respect
respect to
to segregated
segregated detainee
detainee housing.
housing. Virtually no other county

mere alleged gang association
association or membership
membership to confine
confine prisoners
prisoners in
or state uses mere

SHU facilities.
states do not
not house/warehouse
house/warehouse hundreds
hundreds of
of detainees
detainees and
SHU
facilities. Other states

prisoners in
in the
the SHU
SHU for years at a time.
prisoners

F. Defendants'
F.
Deprivations Suffered
Suffered by
Defendants' Deliberate
Deliberate Indifference
Indifferenceto
to the
the Deprivations
Plaintiffs

The policies
policies and
and practices
practices complained
complained of
of herein
herein have
have been
been and continue to be

implemented by defendants and
and their
their agents,
agents, officials,
officials, employees,
implemented
employees, and
and all persons

acting in concert with them
them under
under color
color of
of state
state law,
law, in
in their
their official
official capacity.

aware of
of all
all the
the deprivations
deprivations complained
complained of
of
Defendants have
Defendants
have been
been and
and are aware
or been deliberately indifferent to such conduct
herein, and have condoned or

It should
should be
be obvious
obvious to
to defendants
defendants and to
to any
any reasonable
reasonable person
person that the
the

plaintiffs and
class members
members for
come cause
cause
conditions imposed
conditions
imposed on plaintiffs
and class
for many years to come

tremendous mental
such detainees.
detainees. Moreover,
Moreover,
tremendous
mental anguish,
anguish, suffering,
suffering,and
and pain
pain to
to such

repeatedly been
been made
made aware,
aware, through
through administrative
administrative grievances,
grievances,
defendants have repeatedly
defendants

verbal complaints
complaints that
class members
members are
are currently
currently
written complaints,
complaints, and
written
and verbal
that class

-12AND DEMAND
DEMANDFOR
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COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 14 of 21

experiencing
Defendants have
have been
been deliberately
deliberately
experiencingsignificant
significantand
and lasting
lasting injury.
injury. Defendants

indifferent to the plaintiffs' pain and suffering.

3
4

Indeed, defendants
defendants have deliberately
deliberately and
Indeed,
and knowingly
knowingly caused
caused such
such pain
pain in
in an
effort to force
force plaintiffs
plaintiffs and
and the class to
to either
either debrief or plead to criminal charges.

Second Cause of Action: Fourteenth
Fourteenth Amendment
Amendment

(Due Process)

64. Plaintiff
Plaintiff incorporates
64.
incorporates by
by reference
reference each
each and
and every allegation contained in

9
10

the preceding paragraphs
paragraphs as
as ifif set forth fully herein.
behalf of
of the
the class,
class,
65. Plaintiff
Plaintiff advances
advances this
this claim
claim on
on his
his behalf,
behalf, and
and on behalf
65.

against all defendants.

66. Defendants have arbitrarily and capriciously
capriciously deprived Plaintiff
Plaintiff and class
class
66.

members of due
due process
process of
of law
law in
in assigning
assigning who
who will
will be
be housed
housedin
inPSU
PSU B-Max
B-Max Unit or
members

Active
tanks without
without aa chance
chance to be
be heard
heard or
or notice
notice of
of what
what criteria
criteria will
Active Nortefio
Norte() tanks

subject a person to housing
housing in
in the
the B-Max
B-Max Unit or active tanks,
subject
tanks, subject
subject to
to the various

deprivations therein.

Third Cause of Action : Fourteenth
Fourteenth Amendment
Amendment

(Due Process)

67.
67. Plaintiff
Plaintiff incorporates
incorporates by
by reference
reference each
each and
and every allegation contained in

19
20

the preceding paragraphs
paragraphs as
as if
if set forth fully herein.
68. Plaintiff
behalf of the
the class,
class,
68.
Plaintiff advances
advances this
this claim
claim on
on his
his behalf,
behalf, and
and on behalf

against all defendants.

deprived Plaintiff
Plaintiff and class
class members of a liberty interest
69. Defendants have deprived
69.

due process
process of
of law by denying them
them meaningful
meaningful and timely
timely periodic review
without due

and long-term
long-term detention
detentionat
atPSU
PSU B-Max
B-Max Unit and meaningful notice
of their continued and

must do to
to earn
earn release,
release, in violation of the
of what they must
the Fourteenth
Fourteenth Amendment to the

United States Constitution.

70. The
The condition
condition and duration
duration of
of defendants'
defendants' confinement
confinement of
of Plaintiff
Plaintiff and
70.

-13AND DEMAND
DEMANDFOR
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CIVIL COMPLAINT
COMPLAINT AND

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those similarly situated at
at the
the PSU
PSU B-Max
B-Max Unit constitute an atypical and significant
significant

hardship
compared with
ordinary incidents
incidents of prison
prison life for
for three
three basic
basic
hardship as compared
with the ordinary

reasons: (a)
the B-Max
B-Max unit; (b) the
reasons:
(a) the exceedingly
exceedingly harsh
harsh and isolated conditions in the

lengthy
confinement in
B-Max Unit;
(c) the arbitrary
arbitrary and
and
lengthy duration
duration of
of confinement
in the
the B-Max
Unit; and
and (c)

assignment to
to the
the B-Max
B-Max Unit.
capricious assignment

Conditionsininthe
thePublic
PublicSafety
SafetyCenter
CenterB-Max
B-Max Unit
A. Conditions

71.
Theconditions
conditionsin
inthe
theB-Max
B-Max Unit are unduly harsh, and do
do not
not generally
generally
71. The

mirror
those conditions
conditions imposed
mirror those
imposed upon
upon pre-trial
pre-trial detainees
detaineesinin any
any other
other unit
unit of the

Public
These harsh conditions
conditions include,
include,
Public Safety
Safety Center
Center or
or any
any Stanislaus
Stanislaus County
County jail.
jail. These

not limited
limited to:
to: isolation
isolation in cells that are sealed off from contact with any other
10 but are not
prisonerother
otherthan
thana single
a singlecellmate,
cellmate, aaprohibition
prohibition on
on either
either personal
personal or
or legal
legal
11
11 prisoner
telephonecalls
callsother
otherthan
thanduring
duringthe
theone
onehour
hourallotted
allottedtime
time in
inyard,
yard, very
very limited
limited
12
12 telephone

visiting hours for either social or legal visits,
visits, no
no educational
educational or
or general programming,

a yard facility that provide no view of the outside and very little natural sunlight, no

recreational equipment, and limited access to
to showers
showers and
and personal hygiene.

DurationofofConfinement
Confinementininthe
thePublic
PublicSafety
SafetyCenter's
Center's B-Max
B-Max Unit
B. Duration

72.
Plaintiff and
and class
class members
members have
have been
been held
held in
in the
the conditions
conditions described
described
72. Plaintiff

above for
above
for aa period
period of three
three years
years to
to more
more than
than ten
ten years
years while
while awaiting
awaiting trial.
trial. Upon

belief, this shockingly lengthy confinement is atypical in comparison
19 information and belief,
ordinary
disciplinaryand
and
administrativesegregation
segregation imposed
imposed in
in Stanislaus
Stanislaus
20
thethe
ordinary
disciplinary
administrative
20 to to
County.
21
21 County.

Lack of Meaningful Process
Process
C. Lack

73. Because
Because indefinite
indefinite placement
placement in
in the
thePublic
Public Safety
Safety Center's
Center's B-Max
B-Max Unit
73.
23
constitutesa asignificant
significantand
andatypical
atypicalhardship,
hardship, plaintiffs
plaintiffs and
and class
class members
members are
24
24 constitutes

general population,
population, as well as
25 entitled to meaningful notice of how they may rejoin general
meaningfuland
andtimely
timelyperiodic
periodicreviews
reviews to
todetermine
determine whether
whether they
they still
still warrant
warrant
26
26 meaningful
27

detention in
in the
the B-Max
B-Max unit.
detention

-14AND DEMAND
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CIVIL COMPLAINT
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 16 of 21

74.
any such
such notice
notice or
or
74. Defendants
Defendantshave
havedenied
deniedand
and continue
continuetoto deny
deny any

meaningful review by: (failing
(failing to
to provide
provide pre-trial detainees with notice of what they

can do to be released from the B-Max
Unit apart
apart from
from providing
providing information they do
B-Max Unit

not have or
or risking
risking their
their life
life and
and safety
safety and
and that
thatof
oftheir
theirfamily
family by
bydebriefing;
debriefing; (2)
(2)

providing misleading notice that
that they
they can
can become
become eligible to be released from
from the BB-

max Unit by becoming
becoming an "inactive" gang member or associate
associate and refraining from

engaging in any gang activities,
activities, when in fact pre-trial detainees who are no involved

in any current
current gang
gang activity
activity are
are still
still routinely
routinely retained
retained in
in the
theB-Max
B-Max Unit; making a

predetermination that
that certain
certain pretrial
pretrial detainees
detainees will
will stay
stay in
in the
the B-Max
B-Max Unit until they
predetermination

are either released from
from custody or are transferred to prison, thus rendering periodic

procedurally meaningless;
meaningless; and
length of
of
reviews
reviews substantively
substantively and
and procedurally
and (4)
(4) making
making the length

reviews far
long to
to comport
comport with
with the
theconstitutional
constitutional due-process
due-process
time
time between
between reviews
far too long

standard.

75.
violating Plaintiff
process
75. Defendants
Defendants are
are also
also violating
Plaintiff and
and class
class members'
members' due process

rights
Plaintiff and
class members
rights by retaining the Plaintiff
and class
members in
in conditions
conditions that
that amount
amount to
to an

atypical and significant
significant hardship
hardship without
without legitimate
legitimate penological
penological interest,
atypical
interest, as
as this

reliable evidence that Plaintiff and members of the class are
detention occurs without reliable

committing any acts on behalf of any
any gang
gang and
and are thus active gang members.

Fourth Cause
Cause of Action : Fourteenth
Fourteenth Amendment
Amendment

(Equal Protection)

76. Plaintiffs
similarly situated are denied access
access to rehabilitative
rehabilitative
76.
Plaintiffs and
and others similarly

programs such
such asasAlcoholics
Alcoholics Anonymous,
Anonymous, Narcotics
Narcotics Anonymous,
Anonymous, Anger
Anger
programs

Management,
Management, or Parenting classes.
classes. These programs are afforded
afforded in other units of the

Stanislaus County Men's Jail
Plaintiffs
Stanislaus
Jail and Stanislaus County Public
Public Safety
Safety Center.
Center. Plaintiffs

inmate welfare
are informed and believe that these programs are funded through the inmate

fund.
fund.

27
28

77. Plaintiffs
similarly situated
denied access
access to educational
educational
77.
Plaintiffs and
and others similarly
situated are denied

-15AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL COMPLAINT
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 17 of 21

programs such as G.E.D.
G.E.D. classes.
classes. These
These programs
programs are
are afforded
afforded in
in other
other units of the

Stanislaus County Men's Jail
Jail and Stanislaus County Public
Public Safety
Plaintiffs
Stanislaus
Safety Center.
Center. Plaintiffs

are informed and believe that these programs are funded through the inmate welfare

fund.

78.
78. Plaintiffs
similarly situated
denied access
access to
to vocational
vocational
Plaintiffs and
and others
others similarly
situated are denied

training
of the
the Stanislaus
Stanislaus
training programs
programs These
These programs
programs are
are afforded
afforded in
in other
other units of

Men's Jail and Stanislaus County Public Safety
County Men's
Safety Center.
Center. Plaintiffs are informed

and believe that these programs are funded through the inmate welfare fund.

Fifth Cause of Action: Sixth and Fourteenth
Fourteenth Amendment
Amendment

(The Right to Counsel)

79. Plaintiffs
79.
similarly situated
denied meaningful
meaningful access
access to
Plaintiffs and
and others
others similarly
situated are denied

counsel.

80. Plaintiffs
80.
Plaintiffs and
and others similarly
similarly situated
situated are deprived of meaningful access

use of
of telephones
telephones only during recreational
recreational or
counsel. They
They are
are permitted
permitted use
to counsel.
or "yard"

time. "Yard"
"Yard" is
is run
runon
onaaset
setschedule.
schedule. Plaintiffs
Plaintiffs and
and others
others similarly
similarly situated
situated are
time.

permitted yard time
time three times a week.
Due to
to yard
yard scheduling,
scheduling, Plaintiffs and others
week. Due

similarly situated are permitted two telephone calls during
during business hours per month.

No exceptions are made for legal emergencies, proceedings, or trial.

of meaningful
meaningful access
access
81. Plaintiffs
81.
Plaintiffs and
and others similarly
similarly situated are deprived of

to counsel.
counsel. There
There isis one
one room
roomavailable
available for
for all
all pretrial
p~etrial detainees
detainees in
in B-Max
B-Max to meet
meet

This room
room is
is shared
shared with
with medical
medical staff
staff
with their attorneys, investigators, or experts.
experts. This

is termed
termed the
the "multipurpose
"multipurpose room."
room." Limited
Limited availability
availability often
often results
and is
results in
in an

inability
person with
with their
their clients.
clients. Furthermore,
Furthermore, the
the
inability for
for counsel
counseltoto meet
meet in
in person

multipurpose
staff restroom.
Due to
to the
the acoustics
acoustics and
multipurpose room
room shares
shares aa vent
vent with
with aa staff
restroom. Due

staff may clearly hear privileged communications being conducted in the
shared vent, staff

multipurpose
room when
when they
they utilize
utilize the
the staff
staff restroom.
multipurpose room

27
28

Sixth Cause of Action
-16AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL COMPLAINT
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 18 of 21

1
1

(1st and 5th Amendment)

82.
and others
"Administrative
82. Plaintiff
Plaintiff and
others similarly
similarly situated
situated are
are classified
classified asas"Administrative

Segregation" or active gang members according to invidious discrimination in contravention of

the First
First and
and Fifth
Fifth Amendments.
Amendments. Defendants
Defendants act
act with
witha adiscriminatory
discriminatory purpose
purpose against
against
the

Hispanic detainees.

83. Plaintiffs
Plaintiffs and others similarly
similarly situated,
situated, who
Active Norterio
Nortefio or
83.
who are classified as Active

Hispanic are immediately
immediately administered
administered aa green and white jumpsuit, which denotes
denotes
Northern Hispanic

administrative segregation
Others who are
are
administrative
segregationand
andplaced
placedinto
intoeither
eitherB-Max
B-Maxororactive
activetanks.
tanks. Others

of other
other "gangs/disruptive
"gangs/disruptive groups"
groups" and
and associated
associated with
with other
other
classified as
associates of
classified
as associates

classifications of
of inmates are housed in general population.
VI.
PRAYER FOR RELIEF
VI.PRAYER

11
12

Plaintiff and
and the class
class he
he represents
represents have
have no
no adequate
adequate remedy at law to redress

wrongs suffered
suffered as
forth in this
this Complaint.
Complaint. Plaintiff
Plaintiff has suffered
suffered and will
will
the wrongs
as set
set forth

continue
to suffer
injury as
as a result
continue to
suffer irreparable
irreparable injury
result of
of the
theunlawful
unlawfulacts,
acts, omissions,
omissions,

policies,
and practices
practices of
of the
the defendants,
and the
policies, and
defendants, as alleged
alleged herein,
herein, unless
unless Plaintiff
Plaintiff and

class
class members
members he
he represents
represents are
are granted
granted the
the relief
relief requested.
requested. The
The need for
for relief
relief is

critical because
issue are
are paramount
paramount under
under the
the United
United States
States
critical
becausethe
the rights
rights at
at issue

Constitution.

19
20

Mr. Osegueda,
Osegueda, Mr.
Mr. Palomino
Palomino and
and those
those similarly
similarly situated
situated
WHEREFORE, Mr.
that this
this court
court grant
grant them
them the
the following
following relief:
relief:
request that

damages to address
a. Actual
Actual monetary
monetary damages
address the
the physical
physical and
andpsychological
psychological
a.

suffered as
as aa result
result of
of the
the harsh
harshconditions
conditions in
inB-Max
B-Max
harms they have suffered

and the active tanks;

or jury
jury may
may deem
deem appropriate;
appropriate;
b. Punitive Damages as the court or

that defendants'
c. Declare
Declare that
defendants' policies
policies and practices
practices of
of confining
confining pre-trial
pre-trial
c.

detainees
or active
detainees in the
the Stanislaus
Stanislaus County
County B-Max
B-Max Unit
Unit and
and /I or
active tanks
tanks

violates
the Fifth,
Eighth and
and Fourteenth
to the
violates the
Fifth, Sixth,
Sixth, Eighth
Fourteenth Amendments
Amendments to

-17CIVIL COMPLAINT
COMPLAINT AND
AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 19 of 21

United States Constitution;

1
2

d. Issue
Issue injunctive
injunctive relief ordering
ordering defendants
defendants to
to present
present aa written plan to

the Court within 30 days of the issuance
issuance of
of the
the Court's
Court's order providing

for:
for:
i. The release from the B-Max
B-Max Unit
i.
Unit of
of those
those pre-trial
pre-trial detainees who

have been housed therein without penological interest;

6
7

pre-trial detainees
detainees who
ii. The
The release
release from
ii.
from active
active tanks
tanks of those pre-trial
without penological interest;
have been housed therein without

8
9

iii. Alleviation of the conditions of confinement
confinement of
of pre-trial
pre-trial detainees
iii.

so that pre-trial detainees are no longer housed under conditions

and physical
physical
isolation, sensory
sensory deprivation,
deprivation, lack
social and
of isolation,
lack of
of social

human contact, and environmental deprivation;

1v.
Meaningful review
confinement in the
review of
of the
the continued
continued need for confinement
iv. Meaningful

B-Max Unit
B-Max
Unitor
or active
active tanks
tanks within
within three
three months
months of
of the Court's

order;

v.
Meaningful review
classification procedures
review of
of classification
proceduresadopted
adopted by
by the
v. Meaningful
County Sheriff's
Sheriff's Office;
Office;
Stanislaus County

17
18

B-Max and
and active
active tank
tank confinement for previ. Meaningful review of B-Max

B-Max Unit
trial detainees
trial
detainees housed
housed in the B-Max
Unit or
or active
active tanks
tanks in the

future;
future;

reasonable attorneys' fees and
e.
costs of
of this
this suit
suit and reasonable
e. Award Plaintiff the costs

litigation
to 42
42 U.S.C.
U.S.C. §1988,
§1988, and
applicable
litigation expenses
expenses pursuant to
and other applicable

law;

24
25
26
27
28

f.f. Retain jurisdiction of this
this case
case until
until defendants
defendants have fully complied with
orders of this court; and
orders
g.
suchfurther
furtherrelief
reliefas
as the
the Court
Court deems
deems just and proper.
g. Awar such

cf/11 Y"~

Dated: G
Dated:

-18CML COMPLAINT
AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL
COMPLAINT AND

Case 1:16-at-00670 Document 1 Filed 08/16/16 Page 20 of 21

2
3
Respectfully Submitted by:
4

5
6
7

Lurisford gal Group

8
9

10
11

12
13

14
15
16
17

18
19

20
21
22
23
24

25
26
27

-19AND DEMAND
DEMANDFOR
FORJURY
JURY TRIAL
CIVIL COMPLAINT
COMPLAINT AND

IS 44
(Rev. 12/12)
12112)
JS
44 (Rev.

Case 1:16-at-00670 CIVIL
Document
1 Filed
08/16/16 Page 21 of 21
COVER
SHEET

The JS
IS 44 civil cover sheet and the information contained herein neither replace nor
nor supplement the
the filing_
filing and
and service
service ofpleadin11s
of pleadings or
or other
otherpapers
papersas
as required
requiredby
bylaw,
law, except as
provided by local rules of court. This
This form,
fonn, approved
approved by
by the
the Judicial
Judicial Conference
Conference of
ofthe
the United
United States
States in
in September
September 1974,
1974, is required for the use of
of the Clerk of
of Court for the
purpose of
of initiating the civil docket sheet. (SEE INSTRUCTIONS
INSTRUCTIONS ON
ON NEXT
NEXT PAGE
PAGEOF
OF THIS
THISFORM.)
FORM)

I. (a)
(a) PLAINTIFFS
PLAINTIFFS
I.
Armando Osegueda and Robert Palomino
(b) County
Countyof
ofResidence
Residence of
ofFirst
First Listed
Listed Plaintiff

DEFENDANTS
STANISLAUS COUNTY PUBLIC SAFETY CENTER, STANISLAUS
COUNTY SHERIFF'S OFFICE, ADAM CHRISTIANSON, BILL
DUNCAN, LIEUTENANT GREG CLIFTON.et.
CLIFTON,et. al.
of Residence of
of First Listed Defendant
County of
Stanislaus County

Stanislaus County

(EXCEPT IN U.S.
US. PLAINTIFF
PLAINTIFF CASES)

(IN U.S.
PLAINTIFF CASES
CASES ONLY)
U.S PLAINTIFF
NOTE:
LAND
CONDEMNATIONCASES,
CASES,USE
USETHE
THELOCATION
LOCATION OF
NOTE: ININ
LAND
CONDEMNATION
THE TRACT OF LAND INVOLVED.

Attorneys (If
(If Known)

((C)
C) Attorneys
Attorneys (Finn
Te/ep/wne Number)
(Firm Name,
Name, Address,
Address, and
and Telephone
Amber Lunsford, CSB 276908
Lunsford Legal Group
1202 H Street, Suite A,
A, Modesto, CA 95354

BASIS OF
II. BASIS
OFJURISDICTION
JURISDICTION (Placean
(Place an "X"inOneBw:OnlyJ
"X" in One Box Only)
00 I1

U.S. Government
Govcrmneot

III. CITIZENSHIP
CITIZENSHIP OF PRINCIPAL PARTIES (Place
(Place an
an "X''inOneBw:forPlaintiff
"X" in One Box for Plaintiff
(For Diversity Cases Only)
and One Box for
for Defendant)
PTF
DEF
PTF
DEF
PTF DEF
PTF DEF
Citizen of
I:
Ill
Incorporated or Principal Place
00 4
4 00 4
4
of This State
X I Incorporated
X Il
of Business In
Jn This State
of

FederalQuestion
Question
X
M 33 Federal
(US. Government
Goventment Not a Party)

Plaintiff
Plaiotiff

Dive,,.ity
00 44 Diversity
(Indicate Citizenship of
ofParties in Item /II)
III)

U.S.Government
Government
02
Cl
2 U.S.
Defendant

Citizen of
of Another State

0Cl 2

00 2 2Incorporated
Incorporated and Principal Place
of Business In Another State

00 5
5

0Cl 5

Citizen or Subject of a
Foreign Country

0
Cl3
3

0Cl 3 Foreign
ForeignNation
Nation

0Cl66 0
0 6
6

NATURE OF
OF SUIT (Place an "X"
"X" in
in One
OneBo:cOnlv)
IV. NATURE
Box Only)

CONTRACT
NTRA•

REAL
REAL PROPERTY
PROPERTY
0Cl 210 Land Condemnation
220Foreclosure
Foreclosure
0 220
230Rent
RentLease
Lease &
& Ejectment
Ejectment
0 230
240Torts
Tortsto
to Land
Land
0 240
245Tort
TortProduct
Product Liability
Liability
0 245
0 290 All Other Real Property
Cl

PERSO
N AL INJURY
PERSONAL
0 310 Airplane
Cl
315Airplane
Airplane Product
Product
0 315
Liability
0 320 Assault, Libel &
Cl
&
Slander
0 330 Federal
Fedellll Employers'
Cl
Liability
Cl
0 340 Marine
0
345
Marine
Product
Cl
Liability
350 Motor Vehicle
0 350
Cl
0 355 Motor Vehicle
Cl
Product Liability
0 360 Other
Cl
Other Persooal
Personal
Injury
0 362 Personal Injury Cl
Medical Malpractice
Maloractice
C
IV IL RIGHTS
CIVIL
0 440 Other
Cl
Other Civil Rights
0 441
Cl
441 Voting
0 442 Employment
Cl
0 443
443Housing/
Housing/
Accommodations
w/Disabilitics Cl 445 Amer.
AMC'. w/Disabilities
Employment
0 446 Amer. w/Disabilitics
Cl
w/Disabilities Other
0 448 Education
Cl

V. ORIGIN
ORIGIN (Place an
inOneBoxOnlyJ
V.
an "X
"X"" in
One Box Only)
)I(
0 22Removed
Removed from
from
)4 II Original
Proceeding

•"f)RH:ITURE/PE NAl,TY
FORFEITURE/PENALTY

TORTS

0Cl 110 Insurance
inSllrllD<OC
0 120
120Marioe
Cl
Marine
130Miller
Miller Act
0 130
0 140
140Negotiable
Negotiable Instrument
Jnstnunent
0 150
150 Recovery
Recovery of
of Overpayment
Cl
&
& Enforcement of Judgment
0 151 Medicare
Medicmc Ad
Cl
Act
0 152
152 Recovery of
Cl
of Defaulted
Student Loans
Loans
(Excludes Veterans)
0 153
153 Recovery of
of Overpayment
Cl
of
of Veteran's Benefits
160Stockholders'
Stockholders' Suits
Suits
0 160
0 190
190 Other Contract
Cl
0 195
195 Contract Product Liability
Cl
00 196
196Franchise
Franchise

State Court

PERSONAL
URY
PERSONAL INJ
INJURY
0 365 Personal
Cl
Personal Injury
Injury Product Liability
Cl
0 367 Health Care/
CMC!
Pharmaceutical
Personal Injury
Product Liability
0Cl 368 Asbestos Personal
Penonal
Injury Product
Liability
PERSO
NAL PROPER
TY
PERSONAL
PROPERTY
0 370 Other
Cl
Other Fraud
0 371
371Truth
Truthin
in Lending
Lending
380 Other
Other Personal
Persooal
0 380
Cl
Property Damage
Property
Damage
0 385
385Propel
ty Damage
Product Liability
PRISONER PETITIONS
PRISONER
H
abeas Corpas:
Habeas
Corpus:
0 463
463Alien
Alien Detainee
Dctaincc
510 Motions to Vacate
V acatc
0 510
Cl
Sentence
aCl 530 General
Dcalh Penalty
Penalty
00 535
535Death
O
ther:
Other:
0Cl 540 Mandamus &
& Other
~ 550
550Civil
Civil Rights
Rights
X
Prison Condition
Cl 555 Prison
0 560 Civil Detainee Cl
Conditions of
Confinement

Remandedfrom
from
D
Cl 33 Remanded
Appellate Court

0Cl 625 Drug Relaled
Related Seizure
of Property 21
21USC881
of
USC 881
6900ther
00 690
Other

R .. NKRUPTC Y
BANKRUPTCY

0 422 Appeal 28 USC 158
Cl
0 423
423Withdrawal
Withdrawal
28 USC 157
.:H · ·s
PROPERTY 1111
RIGHTS
T

0 820
820Copyrights
Copyrights
0 830
830Patent
Patent
0 840 Trademark
Tradcmalk
Cl
......
A
......
"I l l.I'
y
SOCIAL
SECURITY

AH"U
LABOR

0Cl 710 Fair Labor Standards
Act
0Cl 720 Labor/M-gcment
Labor/Management
Relations
0 740
740Railway
Railway Labor Act
0Cl 751 Family and Medical
Leave Ad
Act
0 790
790Other
OtherLabor
LaborLitigation
Litigation
D
Cl 791 Employee Rctiremcot
Retirement
Income Security Act

0Cl 861 HIA
HIA (1395f1)
(1395fl)
0 862 Black Lung (923)
Cl
0 863 DIWC/DIWW (405(g))
Cl
0 864 SS1D
SSID Title XVI
Cl
0Cl 865 RS1
RSI ((405(g))
405(g))

FEDERAL TAX
UITS
TAX "SUITS
0 870
870Taxes
Taxes(U.S.
(U.S. Plaintiff
Plaintiff
or Defendant)
0 871 IRS—Third
IRS-Third Panty
Party
Cl
26 USC 7600
7609
26USC

OTHE R STATUTES
STATm'ES
OTHER
00 375
375False
FalseClaims
Claims Act
0 400
400State
StateReapportionment
Reapportionment
410 Antitrust
0Cl 410
0Cl 430
430 Banks
Banks and Banking
Baoking
a0 450
450Commerce
Commerce
460 Deportation
Deportation
0Cl 460
0Cl 470
470 Racketeer
Racketeer Influenced and
Corrupt Orgmiiz.ations
Organizations
00 480
480Consumer
ConswnerCredit
Credit
0Cl 490
490 Cable/Sat TV
0Cl 850
850 Securities/Commodities/
Securities/Commodities/
Exchange
0Cl 890
890 Other
Other Statutory Actions
0Cl 891
891 Agricultural Acts
0Cl 893
893 Environmental
Eoviromnental Matters
0Cl 895
895 Freedom
Freedom of Information
lnfonnation
Act
00 896
896Arbitration
Arbitration
aCl 899
899 Administrative
Administrative Procedure
Act/Review or Appeal of
of
Agency Decision
00 950
950Constitutionality
Constitutionality of
of
S!Jlle
State Statutes

lMMJG RATION
IMMIGRATION
0Cl 462 Naturalization Application
Application
0Cl 465 Other Immigration
Actions

0 44Reinstated
Reinstated oror 005 Transferred
5 Transferred from
Multidistrict
from ClD66Multidistrict
Reopened
Another District
Litigation

(s
ify)
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cil~
j •risdictiotu1/ statutes
s111tutu unless
•n/n3 diversity):
diversity):
ale jurisdictional

VI. CAUSE
CAUSE OF
OF ACTION
ACTION Brief
Brief description
description of
of cause:
cause:

0 CHECK IF THIS Is
IS A CLASS ACTION
VII. REQUESTED IN
CI
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
{See
(See instructions):
IF ANY
JUDGE
DAT
E
DATE

CHECK YES only if
if demanded in complaint:
JURY DEMAND:
)II
Yes Cl0 No
No
)4 Yes

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DEMAND $

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DOCKET NUMBER

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FOR OFFICE
USE ONLY
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AMOUNT

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