United States Ninth Circuit

In a class action brought by pretrial detainees in Orange County's jail facilities raising numerous constitutional, federal, and state law claims, a judgment against plaintiffs is affirmed for the most part, but reversed in part where: 1) two Stewart orders, which secure inmates housed in administrative segregation some minimal access to religious services and exercise, may not be terminated; 2) the district court clearly erred in finding that such orders were unnecessary to correct a current and ongoing violation of a federal right; and 3) because of physical barriers that deny disabled inmates access to certain prison facilities, and because of disparate programs and services offered to disabled versus non-disabled inmates, the county is in violation of the Americans with Disabilities Act (ADA).

Appellate Information

• Argued 04/12/2007
• Decided 03/24/2008
• Published 03/24/2008

Judges

• Before:  B. FLETCHER, M. MARGARET McKEOWN, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Virginia Keeny and Dan Stormer, Pasadena, CA, and Richard P. Herman, Newport Beach, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Steven C. Miller, Santa Ana, CA, David D. Lawrence and Christina Sprenger, Orange, CA, for the defendants-appellees.