Upshaw v. Alameda Cnty.

377 F. Supp. 3d 1027
District Court, N.D. California·Decided March 27, 2019·No. Case No. 3:18-cv-07814-JD·Published·Cited by 7 cases

Opinion

Keeping jails safe and secure is, of course, a legitimate and important governmental interest, and the expert judgment of the agencies and officers about the policies and procedures needed to achieve that goal should be respected. Bell , 441 U.S. at 546-47, 99 S.Ct. 1861 ; Florence v. Bd. of Chosen Freeholders of Cnty. of Burlington , 566 U.S. 318, 326, 132 S.Ct. 1510, 182 L.Ed.2d 566 (2012). To amount to a punishment, the pretrial detention condition must cause harm that exceeds or is independent of the inherent discomforts of confinement, and must be rationally unrelated to a legitimate nonpunitive governmental objective or be excessive in relation to that purpose. Kingsley v. Hendrickson , --- U.S. ----, 135 S.Ct. 2466, 2473-74, 192 L.Ed.2d 416 (2015) ; Demery v. Arpaio , 378 F.3d 1020, 1030 (9th Cir. 2004). In the *1032absence of evidence of an express intent to punish, "it may be possible to infer a given restriction's punitive status 'from the nature of the restriction.' " Pierce , 526 F.3d at 1205 (quoting Valdez v. Rosenbaum , 302 F.3d 1039, 1045 (9th Cir. 2002) ).

Because plaintiffs' constitutional claims are presented under Section 1983, plaintiffs must show that the challenged conditions were part of a policy, custom or practice officially adopted by defendants. Monell v. Dep't of Soc. Servs. of N.Y. , 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978). They must also establish that the policy or custom "evince[s] a 'deliberate indifference' to the constitutional right and [is] the 'moving force behind the constitutional violation.' " Rivera v. County of L.A. , 745 F.3d 384, 389 (9th Cir. 2014). Constitutional deprivations that are the product of mere negligence or accident are not actionable. Kingsley , 135 S.Ct. at 2472.

With respect to the record before the Court, each side filed a blizzard of objections to the other's declarations and other evidence. The rules of evidence do not strictly apply to preliminary injunction proceedings, and the Court will use its broad discretion to evaluate the record as it currently stands. Herb Reed Enters., LLC v. Fla. Entm't Mgmt., Inc. , 736 F.3d 1239, 1250 n.5 (9th Cir. 2013) ; Johnson v. Couturier , 572 F.3d 1067, 1083 (9th Cir. 2009). In any event, the findings and conclusions here are based mainly on undisputed facts.

DISCUSSION

There is no question that running a jail is an extremely difficult task, and the discretion of the sheriff's department to solve problems and protect the health and safety of detainees should be treated with a substantial measure of deference. It is equally true that detention in jail is not expected to be a pleasant or comfortable experience. See Rhodes v. Chapman , 452 U.S. 337, 347-49, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981).

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Upshaw v. Alameda Cnty., 377 F. Supp. 3d 1027 (N.D. Cal. 2019).

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