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PHILLIPS. CRONIN, COUNTY COUNSEL
J. Wesley Merritt, Chief Deputy #071939
county of Fresno
2220 Tu.lare
Street, Fifth Floor
Fresno, CA 93721
Telephone: {209) 488•3479
JoaN HAGAR #81039
LAW OFFICE OF JOHN HAGAR
P.O. Box- 86935
Los Angeles, CA 90086-0935
Telephone: (213) 626�2089
fendants
, SHERIFF STEVE MAGA.RIAN
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FILED
FEB 25 19S•1
CU:IUl. O. S lll'SfRICl CQL!RT EAmRN CIS1RICT or �,\IJFGRNI� l�N THE UNITED STATES DISTRICT COURT
JI.CK CL€RK. U.S. 01ST ' EASTERN DISTRICT OF CALIFORNIA lJ
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27 STRICT Of CAL
JOHN B.
v.
et al.,
Plaintiffs,
COUNTY OF FRESNO, et al.,
Defendants.
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No.
F•9J-5070 JFM (P]
STlPULATZOK RE fERHANENT
I.NJUNCTIOH; ORDD
The parties hereby agree and stipulate to the follo�ing Permanent Injunction:
1. The parties stipulate that this litigation is a class action as defined by Rule 23 of the Federal Rules of Civil Proc�dure ..
2. Defendants shall limit and control the population level within the Fresno County Jails as follows:
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CO'l1HTY o,.2 NO
�re•no, c.iitania
EXHIBIT B
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26 A. Defendants are enjoined from bedding inmates on the floor.
NORTR ANNEX 3AIL
B. Defendants shall operate the North Annex Jail at the bed capacities set forth below:
Second Floor
Pod A
Pod B
Pod C
Pod 0
Pod .E
Pod F
TOTAL
Number of Beds
72 72
72 72
72 72
432
c. Defendants shall operate the North Annex Jail utilizing the five additional correctional officers added to the North Annex Jail's staff as part of the settlement concerning plaintiffs' Application for Temporary Restraining order.
D. Inmates in the North Annex Jail shall be provided
access to one ho�r of daily exercise in the North Jail exercise area. Recreation time outside the housing unit will not be made up for those inmates �ho are away from the housing unit at other activities during the housing unit's regularly scheduled recreation. Inmates housed in discipline isolation will not be provided with rec�eation time Quring their length of stay in discipline isolation housing up to a maximum of ten [lOJ consecutive days.
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COUlr.IY OP NO
F�••no, 2 • fornik
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26 COUNn OF
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2B
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E, Defendants shall ope�ate the Main Jail under the Pilot Project approved by the California Board of Corrections with sixte.en "general population" housing pods which are triple bunked [768 beds] and operated as dormitories; eight "special handling'' pods which are d.ouble bunked (256 bedsJ with special handling inmates having controlled dayroom aocess; and forty "administr:�tive segregation11 cells which will be operated for single occupancy housing (40 beds],
F. Defendants shall implement the transition to the
housing configurations set forth in paragraph E above under the time phaseQ "Pilot Project staffing and Capital Project Transition Plan" pt'eviottsly filed with the court as Exhibit A in the Stipulation approved by the court on October 29, 1993. specifically, this Transition Plan establishes the timing of the addition of staff [seven Correctional Sergeants, seventeen Correctional Officers r ana one Office Assistant]; the addition of one shower in each general population hous�ng pod; the addition of isometric exercise equipment, etc.
G. Defendants shall implement their plan to reduce the
noise levels in the Main Jail by providing acoustical treatment for the ceilings of the Main Jail as set forth in the Transition Plan.
H. Plaintiffs' counsel Paul Comiskey shall be provided
reasonable access to the Main Jail during the Pilot Project l
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26 period to monitor the transition as described above. Defendants shall provide Paul comiskay with copies of those reports required by the Board of corrections during tne pilot period.
Should fo� any reason the Boa.rd of Corrections disapprove the Pilot Project, or recoml!lend modifications of the operation of the M�in Jail during the pilot period, defendants shall notify plaintiffs' counsel in writing within ten (lOJ days of receiving such notification from the Board of Corrections. In the event of disapproval or modification of the Pilot Project during the pilot period, either party may seek to change the terms of this injunction pursuant to the standa�ds set forth in Rufo v.
Inmates of Suffolk county Jail, __ u.s. _, 112 s.ct. 748 (1992).
I. Inmates housed in the Main Jail shall be offered the opportunity to receive recreation as £allows:
1. Inmates housed in general population units shall
be provided with the opportunity for twenty (20] hours of recreation outside their housing unit each month. These recreation opportunities shall include at least 1.5 hours of roof recreation each week. In addition t general population inmates will receive the opportunity to participate in at least ei9ht inqoor �ecreation sessions outside their housing unit eacn month.1
1 General population imnates are currently housed in pods c, D, E, and Fo n each Main Jail floor.
COUlf.t'Y OF t MO Fra•no, 2da ·toni�• 4
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26 COUH'rY OF t �raang,2ca
28 2. Inmates housed in Administrative Segregation and
Special Housing units shall receive twelve [12] hours of recreation each month outsiae their no�sing unit each month in addition to dayroom access as appropriate for administrative segregation and speci�l housing inrnates. 2
3, Recreation time outside the housing unit will not
be made up for those inmates who are �way from the housing unit at other activities during the housing unit's regularly scheduled recreation. Inmates housed in discipline isolation will not be provided with recreation time during their length of stay in discipline isolation housing up to a maximum cf ten (lOJ consecutive days.
4. The provisions for Main Jail recreation outside
the housing unit shall begin after the completion of the renovations required by the Board of Corrections Pilot Project as set forth in the aforementioned Transition Plan; 3
5. Defendants shall make available to the Sheriff's
Department jail recreation specialists the "Recommendations and suggestions" of Dr. Edward Bernauer dated December Jl, 1993, Defendants shall retain, evaluate, and consider implementing those suggestions that they deem reasonable and usefUlr reserving the right to implement none of those suggestions. 2• Administrative segregation and special housing inmates are currently housed in units�, B, anq FF on each floor. 3 Defendants·anticipate those renovations to be completed by July l, 1994.
5 l SOUTH :ANNEX JAIL
2 J. Defendants shall operate the south Anne� Jail at the 3 following capacities:
4 SAJ 1 A [DORM] 45 beds
5 SAJ 1 B (DORM] 15 beds
6 SAJ l C [DORM] 45 beds
7 SAJ 1 D [DORM] 20 beds
8 SAJ" 1 e: [DORM] 6 beds4
9 SAJ' 1 F 20 beds
10 S;t\J 1 G 36 beds
1l. SAJ 2 D 6 beds
ll SA.J 2 F 24 beds
1.J SAJ 2 G 48 beds
14 SAJ J A 24 beds
15 SAJ 3 B 24 beds
16 SAJ J C 43 beds
17 SAJ 3 D 4J beds
18 SAJ 3 F 24 beds
19 SAJ J G 48 beds
20 SAJ 4 A 50 beds
21 SAJ 4 B 8 beds
22 SAJ 4 C 50 beds
:23 SAJ 4 D 32 beds
24 The agreed upon population for each south Annex Jall 25 dormitory is 140% of said dormitory's Board of corrections "rated 26 capacity.••
COUNTY OP
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26 COmr.rY OF HO
SAJ 4 F
SAJ 4 G
32 beds
32 beds
�. The above referenced dormitories shall be offered the opportunity to receive JO hours of recreation per month in either the South Annex Jail's indoor or outdoor recreation areas. All other housing unit$ in the south Annek Jail shall be offered the opportunity to receive 20 hours of reoreation per month in either the south Annex Jail's indoor or outdoor recreation areas. Recreation time outside the housing unit will not be made up !or those inmates who are away fro� the housing unit at othe� activities during the housing unit's regularly scheduled recreation. Imnates housed in discipline isolation will not b� provided with recreation time during their leng�h of stay in discipline isolation housing up to a maximum of ten (10] consecutive days.
L. The provision for South Annex Jail exercise outside
the housing unit shall begin when the Fresno Superior court reopens and vacates the recreation and exercise orders set forth in L�nn Polard et al. v. Harold McKinney, Case No. 227358-9, dated July 7, 1978; Paul Daniels et al. v. Harold McKinney, case No. 259869-6, dated January JO, 1981; In re Richard Morgan, Case Nos. 28l302-0, 281438 -2, 284164-1, dated January 17, 1983; In re Richard Morgan, case Nos. 308318-5, 316580-0, dated March 27, 1985; In :r:e. Steven Ransbury, et al., case Nos 286040-1, 28542'7- 1, 289487-1, dated April 29, 1985. counsel for plaintiffs shall Fraana, 2 a ·ta.mia
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26 cooperate witn counsel for defendants in filing and appearing in court, if necessary concerning the County's motioh to reopen and vacate those orders.
3. The Sheriff of Fresno county is authorized �y this
order to release inmates from the Fresno county Jail system or refuse to accept inmates for bocking into the Fresno county Jail system whenever the Fresno County Jail System, or �ny facility the�ein, or any specific housing unit therein, reaches ninety percent [90%] of capacity. The Sheriff shall release inmates or refuse to accept newly-committed inmates when the total population of the F�esno County Jail System, or any facility therein, or any housing unit therein, reaches one hundred percent (100%) of capacity,
4, Either party may seek to change the terms of this
injunction pursuant to the standards set forth in Rufo v.
Inmates of Suffolk county Jail, __ u.s. _, 112 s.ct. 748 {1992).
5. In the event that an emergency threatens the Sheriff's ability to comply with these orders, counsei for Qefenctants will notify counsel for plaintiffs no later than the next business day.
6. Defendants shall pay to plaintiffs' counsel Paul
Comiskey attorney fees in the a�ount of $33,ooo.oo at the time of the filing of the Final Judgement.
7. The parties stipulate that the Honorable Gregory
COUNTY OF [ NO
Fr■suo, 2ca 'fol:'nia
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9 Hollows be the judge for a11 purposes concerning the fairness hearing and Final Juqgement in this case.
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26 �TIS 80 STIPULATED:
DATED: January .;). 2 I 1994
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DATED: February .:J , 1994
DATED: February l/. , 1994
IT IS SO ORDERED.
DATED: February ;-l.3, 1994
COUNXY' OF f:R HO
Freno, 2c• 'fomia
28 J. WESLEY Mlm.RITT
Attorney for Defendants
PAUL COMISKE�
Attorney for Plainti
OR:OBR
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t' r.
,1-..J,,'
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fiONe-AAB
United s istrate Judge
Eastern rict of California
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