Gates v. Gomez

60 F.3d 525, 1995 WL 346091
CourtCourt of Appeals for the Ninth Circuit
DecidedJune 9, 1995
DocketNos. 94-15259, 94-15884
StatusPublished
Cited by65 cases

This text of 60 F.3d 525 (Gates v. Gomez) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gates v. Gomez, 60 F.3d 525, 1995 WL 346091 (9th Cir. 1995).

Opinion

HUG, Circuit Judge:

This case originated as a civfl rights class action under 42 U.S.C. § 1983 and 29 U.S.C. § 794 challenging medical care, psychiatric care, and conditions of confinement at the California Medical Facility and Main Northern Reception Center (“CMF”) in Vacaville, California.1 The suit also challenged the care and confinement of a subclass of HIV-infected inmates. The case went to trial in September, 1989. After plaintiffs rested their case, settlement negotiations culminated in a consent decree which was approved March 8,1990. The operation of the consent decree has thus far given rise to two published appellate opinions: Gates v. Rowland, 39 F.3d 1439 (9th Cir.1994), and Gates v. Deukmejian, 987 F.2d 1392 (9th Cir.1993). This opinion is the third.

[528]*528This opinion consolidates two appeals from enforcement orders under the consent decree. One appeal, No. 94 — 15884, is from an injunction modifying defendants’ policy on the use of 37mm riot-control guns to control mentally ill inmates locked in their cells. The other appeal, No. 94-15259, is from a district court order awarding plaintiffs disputed attorneys’ fees for compliance and monitoring work under the consent decree during 1991. We have jurisdiction to hear these two appeals pursuant to 28 U.S.C. § 1291, and as to both, we affirm in part and reverse in part.

I.

No. 94-15884: 37mm GUN

In this appeal, defendants challenge a district court order modifying their use of the 37mm gun to control mentally ill inmates locked in their cells. The district court ordered this modification pursuant to § Y.F.l of the Consent Decree. Defendants argue that the consent decree does not cover their use of the 37mm gun. They also argue that even if the decree does cover such use, the district court erred by not applying an Eighth Amendment standard to judge compliance with the decree. Finally, defendants argue that the district court abused its discretion by ordering the modifications because the district court order was not supported by the record and defendants were, in fact, in compliance with the decree.

We affirm the district court order in all respects except one. We hold that the district court abused its discretion by ordering the modification of defendants’ 37mm gun policies to preclude the gun’s use to protect property. Such a modification was not adequately supported by the record.

A. Facts

Beginning in March 1992, two years after the decree was approved, defendants began using a 37mm grenade launcher shooting multiple rubber baton rounds (hereinafter “37mm gun”) to control mentally ill inmates. Each discharge of the 37mm gun shoots four hard rubber projectiles against mentally ill patients in closed cells. The gun makes a sound like a firecracker or cherry bomb when fired. The practice at issue in this appeal is defendants’ use of the gun to extract violent or agitated mentally ill inmates from their cells. Before the gun is fired, the inmate is warned that the gun will be used. If he remains uncooperative, a warning shot is fired away from the inmate. If the inmate is still uncooperative, a second shot is ricocheted in his direction.

Plaintiffs objected to this practice on the ground that it violates § V.F.l of the Consent Decree. They contend that use of the 37mm gun on mentally ill inmates poses unreasonable risks of serious psychological harm and physical trauma, that defendants use the gun to extract mentally ill prisoners from their cells when there is no important reason to remove them, that defendants fail to exhaust non-physical alternatives before using the gun, and that they fail to meaningfully consult with clinical staff before using the gun. Instead of the 37mm gun, plaintiffs advocate use of Management of Aggressive Behavior (“MAB”) techniques,2 which are used by all other psychiatric prison facilities in the country to manage aggressive behavior and are approved by the American Psychiatric Association. In contrast, only defendants use the 37mm gun to control mentally ill inmates, and such use has not been approved by the American Psychiatric Association, the American Medical Association, or any correctional standard setting body.

The parties engaged in informal mediation of this issue. After two evidentiary hearings, no agreement was reached and the mediator entered his findings and recommendations on June 18, 1993. Both parties filed objections. The magistrate judge adopted the mediator’s findings and a modified version of his recommendations on February 23, 1994. Defendants filed objections to the magistrate judge’s findings and recommendations. The district court ruled on March 22,1994, adopting the magistrate judge’s findings and rec[529]*529ommendations, and entered its order on July 20, 1994. The district court denied defendants’ request for a stay pending appeal of this order.

Defendants’ Policy

After plaintiffs objected to the gun’s use but before the evidentiary hearings, defendants implemented written policies on their use of the 37mm gun, which are set out in the California Department of Corrections Operations Manual at 55050.30 (March 19, 1993). Under these policies, the final decision to utilize the 37mm gun is made by custody personnel, although the inmate’s file is reviewed by clinical staff.

Specifically, only the warden or chief deputy warden, or during nonbusiness hours the administrative officer-of-the-day, can authorize the gun’s use. In a life-threatening or extensive property-threatening emergency, when time does not permit prior approval, the watch commander may authorize the gun’s use. The gun can only be used: (1) in self-defense or defense of others; (2) to prevent escape or serious injury to persons or damage of a substantial amount of property; (3) to contain a violent situation or prevent serious injury threatened by a group of inmates; (4) to prevent suicide or self-inflicted injury by an inmate barricaded within a cell or other enclosed area; or (5) to accomplish a necessary change in location after the inmate has been given reasonable opportunity to cooperate in the relocation process. In this last situation, the inmate must be given notice that the gun will be used if he does not cooperate, and lesser alternatives must be explored. A medical technical assistant must be present during the gun’s use. The gun cannot be fired directly at the inmate; it must be ricocheted in the direction of the inmate. And if the inmate has a psychiatric classification, then either a psychiatrist, psychologist, licensed clinical social worker, or psychiatric nurse must review the inmate’s file to identify any contraindications to the use of the gun. But the policy does not prevent the warden from ordering the gun’s use over a clinician’s objection.

District Court Order

The district court ordered the following revisions to defendants’ policy on the use of the 37mm gun:

A.

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60 F.3d 525, 1995 WL 346091, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gates-v-gomez-ca9-1995.