Upshaw v. Alameda Cnty.

377 F. Supp. 3d 1027
CourtDistrict Court, N.D. California
DecidedMarch 27, 2019
DocketCase No. 3:18-cv-07814-JD
StatusPublished
Cited by7 cases

This text of 377 F. Supp. 3d 1027 (Upshaw v. Alameda Cnty.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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).

But the Constitution does not permit inhumane treatment of duly convicted prisoners, Farmer v. Brennan , 511 U.S. 825, 832, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994), all the more so for pretrial detainees who have not had their day in court. And when the state takes a person into custody for any reason, the Constitution imposes a duty to provide for the detainee's basic human needs. DeShaney v. Winnebago Cnty. Dep't of Soc. Servs. , 489 U.S. 189, 199-200, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989). Conditions of confinement that deprive detainees of those needs or "the minimal civilized measure of life's necessities" violate the Constitution. Wilson v. Seiter , 501 U.S. 294, 298, 111 S.Ct. 2321

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377 F. Supp. 3d 1027, Counsel Stack Legal Research, https://law.counselstack.com/opinion/upshaw-v-alameda-cnty-cand-2019.