Pierce v. County of Orange

• Decision Date: 24 March 2008
• Docket Number: No. 05-55829,05-55845.,05-55829
• Citation: 519 F.3d 985
• Parties: Fred PIERCE; Timothy Lee Conn; Fermin Valenzuela; Laurie D. Ellerston, Plaintiffs-Appellants, v. COUNTY OF ORANGE, a Governmental entity; Michael S. Carona, individually, Defendants-Appellees. Richard Eugene Smith; Kenneth Wilson; William Brown; Susan Young, on behalf of themselves and all others similarly situated, Plaintiffs, and Jerry E. Stewart; Fred Pierce; Timothy Lee Conn; Fermin Valenzuela; Laurie D. Ellerston, Plaintiffs-Appellants, v. Brad Gates, individually and in his official capacity as Orange County Sheriff; William Wallace, individually and in his official capacity as Chief Deputy of the Orange County Sheriffs Department and Jail Division; County of Orange, a governmental entity; Michael S. Carona, individually, Defendants-Appellees.
• Court: U.S. Court of Appeals — Ninth Circuit

519 F.3d 985

Fred PIERCE; Timothy Lee Conn; Fermin Valenzuela; Laurie D. Ellerston, Plaintiffs-Appellants, v. COUNTY OF ORANGE, a Governmental entity; Michael S. Carona, individually, Defendants-Appellees.

Richard Eugene Smith; Kenneth Wilson; William Brown; Susan Young, on behalf of themselves and all others similarly situated, Plaintiffs, and Jerry E. Stewart; Fred Pierce; Timothy Lee Conn; Fermin Valenzuela; Laurie D. Ellerston, Plaintiffs-Appellants, v. Brad Gates, individually and in his official capacity as Orange County Sheriff; William Wallace, individually and in his official capacity as Chief Deputy of the Orange County Sheriffs Department and Jail Division; County of Orange, a governmental entity; Michael S. Carona, individually, Defendants-Appellees.

Nos. 05-55829, 05-55845.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 12, 2007.

Filed March 24, 2008.

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Virginia Keeny and Dan Stormer, Pasadena, CA, and Richard P. Herman, Newport Beach, CA, for the plaintiffs-appellants.

Steven C. Miller, Santa Ana, CA, David D. Lawrence and Christina Sprenger, Orange, CA, for the defendants-appellees.

Before: B. FLETCHER, M. MARGARET McKEOWN, and JAY S. BYBEE, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge:

In 2001, plaintiffs-appellants Fred Pierce, Timothy Lee Conn, Fermin Valenzuela, and Laurie D. Ellerston—pretrial detainees in Orange County's jail facilities—initiated Pierce v. County of Orange, No. 05-55829 (D.Ct. No. 01-981), a class action suit against the County of Orange and Michael S. Carona, the county's sheriff and agent.¹ Seeking relief under 42 U.S.C. § 1983 for violations of their Fourteenth Amendment due process rights, plaintiffs contend, in essence, that the Orange County jails are operated in an unconstitutional manner, depriving them of opportunities for exercise, unduly limiting their access to common areas, and impermissibly restricting their ability to practice religion. Plaintiffs further assert that they have been deprived of a number of the federal rights previously recognized in Stewart v. Gates, 450 F.Supp. 583 (C.D.Cal.1978) ("Stewart")—a decision and resulting injunctive orders ("the Stewart orders" or "the Stewart injunction") that established standards for pretrial detention in Orange County jails. The plaintiffs seek relief for the same injuries under the California Constitution, as well as Title 15 of the California Code of Regulations (which sets minimum standards for county jails) in violation of § 815.6 of the California Government Code, and breach of § 54.1 of the California Civil Code. Finally, the plaintiffs in Pierce assert an equal protection claim under § 1983 based on the denial of equal treatment to disabled detainees, and they advance a separate claim for violations of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq., alleging non-compliant jail facilities and denial of access to programs and services available to non-disabled detainees. On appeal, the plaintiffs also challenge a number of the district court's pretrial procedural and evidentiary rulings.

After a six day trial, the district court found that the plaintiffs had failed to establish any constitutional injury giving rise to relief under § 1983. The district court went on to find that the fourteen Stewart orders at issue were no longer necessary, and ordered them all terminated pursuant to the Prison Litigation Reform Act ("PLRA"),² 18 U.S.C. § 3626(b)(3). The district court likewise rejected plaintiffs' equal protection and ADA claims, finding that although the County was not in "full ADA compliance, it can reasonably be expected to move toward full compliance."

Having conducted a thorough review of the extensive pretrial and trial record, we affirm in part and reverse in part. We affirm the district court's pre-trial and evidentiary rulings challenged by the plaintiffs; the district court did not abuse its discretion in its pre-trial management of the case or its decisions related to the admission of evidence. On the merits, we affirm the district court's termination of nearly all of the fourteen Stewart orders at issue. Two of those orders, however, which secure inmates housed in administrative segregation some minimal access to religious services and exercise, may not be terminated. The district court clearly erred in its finding that these two orders are unnecessary to correct a current and ongoing violation of a Federal right. We likewise conclude that, because of physical barriers that deny disabled inmates access to certain prison facilities (bathrooms, showers, exercise and other common areas), and because of disparate programs and services offered to disabled versus non-disabled inmates, the County is in violation of the ADA.

I. PLAINTIFFS' ALLEGATIONS

A. Violation of the Stewart orders governing prison conditions.

Stewart v. Gates was commenced in 1975 when a class of pretrial detainees challenged the constitutionality of various practices and conditions of confinement in the Orange County Central Jail in Santa Ana, California. 450 F.Supp. 583 (D.C.Cal.1978). In 1978, the district court presiding over the case issued an injunction, establishing various standards for pretrial detention. Id. at 590-91 (holding that the court retained jurisdiction to modify the orders upon a showing of good cause). In 1991, the district court made clear that the order applied to all of the Orange County jails: Men's Central Jail, Women's Central Jail, Intake Release Center, James A. Musick Facility, and Theo Lacy Facility.

The Stewart orders—which have been modified in the years since the initial injunction was issued—address detainees' access to telephones, law books, reading materials, and interjail mail to jailhouse lawyers; provide for mattresses, beds, and blankets; establish mealtimes and sleeptimes; require seating while awaiting transport to and from court; and set population caps. The orders also address several issues pertaining specifically to inmates in administrative segregation: their access to religious services, day rooms, exercise, and visitors.³ The Stewart orders subject to challenge in this litigation are reproduced as Appendix A to this opinion. Specifically, plaintiffs in Pierce maintain that they have been subjected to holding-cell conditions deemed unconstitutional in Stewart and have been denied the minimum mealtime held to be constitutionally required in Stewart. In addition, plaintiffs contend that inmates housed in administrative segregation are denied the minimum access to religious services, the day room, and exercise that Stewart held to be constitutionally required. Plaintiffs sought relief for the alleged violations pursuant to § 1983. Attacking the same conduct, plaintiffs also allege due process violations under the California Constitution, breach of mandatory duties under Title 15 of the California Code of Regulations (which sets minimum standards for county jails) in violation of § 815.6 of the California Government Code, and breach of § 54.1 of the California Civil Code.

The County, meanwhile, sought termination of the Stewart orders in their entirety pursuant to 18 U.S.C. § 3626(b), a section of the PLRA that allows a court to terminate prospective injunctive relief governing prison conditions on a showing that the injunction is no longer needed to correct a current and ongoing violation of a Federal right.

B. Equal protection and ADA violations.

Plaintiffs in Pierce assert an equal protection claim under § 1983 based on the denial of equal treatment to disabled detainees, and they advance a separate claim for violations of Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131 et seq. Plaintiffs maintain that the County has violated the ADA by failing to address numerous structural barriers, such as inaccessible bathroom facilities,⁴ and failing to provide adequate access to various programs offered by the County's jails.

One of the plaintiff inmates, Timothy Conn, claimed to have suffered physical injuries, as well as mental and emotional harms, because of the County's failure to accommodate his disability. Conn is wheelchair-bound and alleged that he suffered recurrent bladder infections because the County failed to provide him with an adequate supply of catheters. Conn also claimed to have developed bed sores that were exacerbated when he was forced to sit on a holding cell bench, and eventually required surgery. The district court dismissed Conn's claims on summary judgment prior to trial on the grounds that they were "de minimis" and thus not actionable pursuant to the PLRA. See 42 U.S.C. § 1997e(e).

II. PROCEDURAL HISTORY

A. Class certification.

In August 2003, plaintiffs filed a motion for class certification under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3)⁵ of a "main class" of pretrial detainees who had been held in Orange County jails after October 21, 2001 and had experienced violations of certain rights enumerated in Stewart, as well as certification of a "sub-class" of disabled detainees who had been denied rights under the ADA. Plaintiffs' motion was granted on October 15, 2003.

In January 2004, Orange County filed a motion to decertify the class. The district court ruled on the motion on March 1, 2004, holding that certification as an "equitable relief class" remained proper under Rule 23(b)(2), but that certification as a "damages class" under Rule 23(b)(3) was inappropriate. Specifically, the court rejected plaintiffs' proposed proof of "aggregated damages" by relying on "statistical sampling to determine the proper amount of damages." Plaintiffs' counsel subsequently waived nominal damages on behalf of the named plaintiffs. It was agreed at a status conference on March 5, 2004, that the case would proceed to a bench trial as an equitable relief class without claims for damages.

In ...