Circuit Watcher

05-55829 Pierce v. County of Orange
Before: Betty B. Fletcher, M. Margaret McKeown, and Jay S. Bybee, Circuit Judges.
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 noncompliant 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.
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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.”
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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 nondisabled inmates, the County is in violation of the ADA. … Pierce v. County of Orange.

1. Plaintiffs’ claims against Carona were dismissed, leaving the County as the sole defendant-appellee involved in this consolidated appeal. In a separate order, we grant Carona’s motion to dismiss the plaintiffs’ appeal as untimely with respect to him. [↩]
2. Pub. L. No. 104-134, §§ 801-810, 110 Stat. 1321, 1321-66 to 1321-77 (1996) (codified at 11 U.S.C. § 523 (2000); 18 U.S.C. §§ 3624, 3626 (2000); 28 U.S.C. §§ 1346, 1915, 1915A, 1932 (2000); 42 U.S.C. §§ 1997a-1997h (2000 [↩]